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< 


Fortefcutus  Ilkftatus, 
O  R      A 

COMMENTARY 

On  that  Nervous  Treatise 

De  Laudibus  Ltgum  Angli<z, 

Written  by  Sir  John    Fortes  cue  Knight, 

Firfl  Lord  Chief  Juftice,  after  Lord  Chancellour 
to  King  H  e  n  r  y  the  Sixth. 

Which  Treatise,  dedicated  to  Prince 

Edward  that  King's  Son  and  Heir  (  Whom  he  at- 
tended in  his  retirement  into  France,  and  to  Whom  he 

loyally  and  affectionately  imparted  Himfelf  in  the  Virtue  and  Va- 
riety of  His  Excellent  Difcourfe )  Hee  purpofely  wrote  to  confoli. 
date  his  Princely  rainde  in  the  love  and  approbation  of  the  good  Lawes  of 
Englan  d,  and  of  the  laudable  Cuftoms  of  this  his  Native  Country. 

The  Heroique  Dcfign  of  whofe  Excellent  Judgement  and 

•  loyal  Addiction  to  his  Prince,  is  humbly  endeavoured 
to  be  Revived,  Admired,  and  Advanced 


By    EDWA%!D-WATE%HOVSE^m^. 

X^rj  t£c  vofAVq  fjtyo  ■n&d^  ccpo^uic,  7rSaoTF£&>?  3  noXcz^eiv  rjoog  heivoi 

Oportet  leges  quidem  acriterftatui,  mitius  autem  quam  ipft  jubent  fanas  fu- 
mere.  If  aeus  <*/>«</ Stobaeum,  Serm  147. 


L  0  J^  T>  0  JA(, 

Printed  by  77;o.  ^oycroft  for  Thomas  Dicas  at  the  Sign  of  the  Hen 
and  Cbiekens  in  St.  Paul's  Church-yard.  16$  3. 


TO  THE 

Right    Honourable 

and  truely  Noble 

E  D  W  A  R   D 

EARL  of  CLARENDON, 
Lord  High-Chan  cel  lour 

EN  GLAND. 

May  it  plcafe  Your  Lordship, 

HOVGH  the  proof  oft  our  ob- 
liging and  generousVirtms  hath 
fixed  in  Wifemen  a  confidence  of 
Tour  favourable  acceptance  of 
whatever  Wifdom  and  Worth  (  under  the 
Patronage  of  Your  endeared  Name 
and  Greatnefs )  frefents  to  the  Publiquey 

a  and 


The  Epiftle  Dedicatory. 

and  that  it  cannot  but  be  thought  rather  a  cer- 
tainty then . preemption,  thatTou  will  treat 
thofe  with  ingenuous  kjndnefs,  who  are  am- 
bitious to  perpetuate  Virtue,  and  to  adorn  the 
dead  Monuments  of  it  with  all  thofeJropheys 
of  revival  and  amplitude,which  their  greatefi 
parts  and  moji  elaborate  endeavours  to  that 
honefily-ambitious  end  canpoffibly  arrive  at : 
Tet  may  it  (My  Lord)  be  doubted  how  this 
enterprife  of  mine,  by  which  I  humbly  (under 
the  favour  of  Almighty  God  and 
Your  Lordfhip^)  defign  to  revive  the  Me- 
mory, and  illufirate  the  Learning  of  that  Ve- 
nerable and  Profoundly-Scientifique 
Anteceflbr  in  the  Office  of  the  Chan- 
cellourfhip,  Sir  J  o  h  n  F o  r  t  e  s  c  u  e, 
may  be  from  my  hand  accepted,  who  am  none 
of  the  fir  ft  Three  in  adaptation  to  fuch  a 
Service.  But  fince  it  pleafed  God  as  to  im- 
pregnate me  with  re  folutions  to  attempt,  fo  to 
vouch fafe  me  health  tofinijh  what  I  propofed 
in  thefe  Commentaryes,  Itrufi  Tour  Honour 
will  accept  the  Protection  of  them,  though  they 
be  but  the  Umbra  andEcc\\o  of  the  various 

and 


The  Epiftle  Dedicatory. 

andtranfeendent  Learning  that  the  Text  of  the 
Chancetlour  Fortescue  abounds  with. 
For  truely  (My  Lord)  had  I  not  well- 
weighed  my  Reverend  Original,  and  found 
in  him  that  Pondus  and  Affluence  of  general 
and  well-digefled  Science,  which  would  exer- 
cife  the  pains  andcuriofity  of  a  Gentleman  and 
generous  Artifi,  I  fhould never  have  ambition  d 
the  exploration  of  what  God  would  enable  me 
to,  in  fo  incefant  a  progrefs  ofjludy  as  this 
has  occafioned.  Tet  forafmuch  as  by  the  af~ 
finance  of  God  I  have  in  fuch  proportion  as 
his  merciful  indulgence  has  favoured  my  hum- 
ble induflry  with,  perfected  thefe  Commenta- 
ry es,  and  obtained  the  favour  and  encourage- 
ment of  an  Honourable,  Learned,  and 
Grave  Permifsion  of  them  to  the  Prefs 
for  publick  View ;  I  humbly  befeech  Tour 
Lordfhip  to  pardon  me  while  in  purfuance  of 
thofeprimitiverefolves  ofmyfirfl  undertaking 
them  (which  was  above  five  years  fince)  1 
devote  them  to  Your  Perfpicacious  and 
Oracular  Self,  Whom  of  all  His  mod 
Excellent  Majesty's  Favourites  and 

Minifters 


The  Epiftle  Dedicatory. 

Minifters  of  Eftate,  IforefaWj  by  the  au- 
gury of  a  very  afettionate  ana  well-inputted 
experience,  the  probablejl  to  fucceedto  the  op- 
portunity, and  exceed  in  the  ability  to  propa* 
gate  Fortescue  in  all  the  latitudes  and 
advantages  of  his  Sagje,  Legal,  Civil,  and 
Politique  Counfel  and  Condutt  of  Greatnefs, 
to  that  which  is  the  mojt  Royal  termination 
of  it,  Juflice ',  and  by  that  Impartial  Ar- 
biter of  Jupce,  which  wife  and  well-advifed 
Englifh-men  call,  The  Law  of  England.- 

And  therefore  ( My  Lord,)  there  being 
fo  true  a  Parallel  between  my  Noble  Text- 
Majler  and 'Tour  Noble  Self,  Both  Gen- 
tlemen by  birth,  Both  Lawyers  by 
breeding,  Both  Knights  by  degree, 
BothVVifemen  by  experience,  Both 
loyal  Attendants  on  your  Sovereigns 
recefles  abroad^  and  Both  honoured 
by  your  Sovereigns  with  the  truft  and 
ftate  of  Chancellours :  thefe  Injlances 
oflikenefs  relating  to,  and  uniting  in  you  bothi 
make  me  bold  to  conclude,  that  to  no  Wor- 
thy alive  are  thefe  Commentaryes  fo  pivperly 

to 


The  Epiftle  Dedicatory. 

to  be  addreffed  as  to  Tour  Highly  valued 
Perfon,  Whom  I  believe  to  be  not  onely 
what  the  Learned  VzritimChancellour  Bu-  jgjjj 
daeus  once  wrote  of  the  French  Chancellour  T?^. 
Deganai,  (One -Qui  per  omncs  aeta-         ( 
tis  progreflus  totidem  honorum  Civi- 
lium  gradus  fuopte  nixu,  nullo  manum 
porrigentefcandens,non  antequamad 
culmen  honorum  evafit,  fcandendi  fi- 
nem  fecit,  ut  non  fortune  beneficio, 
fed  fuo  merito  pervenifle  eo  credipof- 
fit,  cujus  ea  vis  fuiffe  ingenii  atque  ani- 
on cernitur,  utquocunque  loconatus 
eflet,  in  quodcunque  tempus  incidif- 
fet^  fortunamipfefibifa&urus  videre-  ' 
tur )  but  alfo  what  may  astruely  without  de- 
generom  flattery  be  added^  That  very  Happy 
HeeJVho  hath  concentred  in  Himfo  much  of 
the  Eloquence  0/Tully,  the  Gravity  of  Ca- 
to,  the  Juftice  of  Ariftides,  and  the  Favour 
of  Mecaenas,  a*  renders  You  meet  to  obtain 
the  uimofi  Honour \  a  Sovereign  Majier  can 
reward  a  faithful  and  approved  SubjeH  and 
Servant  with  :  Which  thatTourhordfhip 

b  may 


,  The  Epiftlc  Dedicatory. 

may  long  deferve,  and  live  to  enjoy  and  to  blefs 
'  this  Nation  and  every  worthy  Interefi  and 
Concern  in  it,  with  the  rayes  and  difufions  of 
that  Prudence,  Piety,  and  Loyalty  which  are 
•  concluded  eminent  and  exorient  inTou,  is  and 
fhall  be  the  earnefi  andfincere  Prayer  of 


prom  my  Study  in 
tyofl-Colledge. 
junt  1 1. 1663. 


(Renowned  Sir ) 


Your  Honours 


Moft  Humble  Servant 


Edward  Waterhous, 


;  3  Sni\ 


• 


.i^radt 


x\ 


..M.YaM 


>'ij 


^CHefe  Comment  aryes  upon  the  Chance  Hour 
Fortescues  Learned  Treat  ife  De 
Laudibus  Legum  Anglian  We  con- 
ceive ufeful  ana  fit  to  be  publijhed  \  And 
therefore  approve  the  Printing  thereof. 


Mat.  14,. 
1663. 


Robert  Fofter. 
Orlando  Bridgeman. 
Matthew  Hale.  I 

Thomas  Malet. 
Robert  Hyde. 

Edward  Atkyns. 
Thomas  Twifden. 
Thomas  Tyrrill. 
Chriftopher  Turnor. 
Samuel  Brown. 
Wadham  Wyndham. 


A  N 

INTRODUCTION 

TO    THE 

COMMENTARY 

UPON 

FORTESCUE. 


Efore  I  treat  on  the  Text,  I  think  it  convenient  to  write 
fomewhat  concerning  the  Parties  introduced,  and  the 
manner  of  introducing  them.      The  manner  of  their  i>uiM^$riA 
Exhibition  is  by  way  of  Dialogue,  a  form  very  ancient  "*  v  */&>»»'« 
and  (ignificant,  whereby  Aathours,  as  Trifmegiftut,  Pla- 


to, Plutarch,  Tufty,  Athenxus,  Ariflopbanet,  Lutian,  and  hundreds  of 
others,  brought  in  fuchperfons,  and  fictions,  as  conduced  to  the  va- 
rious expreffion  of  their  defign,  and  the  ufeful  inftru&ion  of  after- 
Ages  :  and  therefore  JWoyojuJ* ,  which  is  the  intvard  reafomng  of  the 
mtnde,  whereby  a  man  propofes  things  Pro  and  Con,  as  if  really 
acted,  is  by  J^uffinian  ranked  inter  fehemata  tn.m«ty  and  he  that 
skills  this  Art  aright,  called  JIxao^W  •  fo  that  Dialogues  are  proper 
Modes  of  Speech  and  writing,  whereby  one  and  the  fame  perion 
both  frames  Queftions  and  Anfwers,  undernames  and  notions  of 
Perfons  diftindt  and  feveral.  Thus  does  our  CbanceUour  acl:  both 
his  own  and  the  Prince's  part,  laying  down  thofe  Rules,  which  Ex- 
perience had  taught  him,  the  beft  Conduct  and  Regulation  of  life, 
and  in  producing  the  Prince  as  affenting  to  or  diflenting  from  them, 
and  io  occafioning  either  his  firftadhefion  to  what  he  pofitively  af- 
ferted,  or  his  further  addition  of  fuch  Proofs  as  mould  refolve  the 

e  doubt, 


^mt  ^iutbm  him- 
trtt.  Cic.  ndkl- 
tic.  lit.  »J. 


The  Introduction. 

• 
doubt,  and  make  tho  Dofe  prcfcribcd  Palatable.  So  that  in  this 
Text,  by  the  help  of  Dialogue,  there  is  not  onely  a  calm  and  plea- 
fant  delight  for  Youth  and  Novice.wits,  but  grave  and  pithy  Di- 
rection for  the  molt  accompltfhed  mindes,  who  from  it  cannot  but 
tiiim  cjruiau.,  DC  enriched  s  'lincc,  in  Lamprtdius  his  words  of  Severus  his  Larari- 
jCm'sj.  '  um>  'c  contains  Cbrijlum  ($  jbrahamum,  Orpheum  £j  ApoBoniurn,  mat« 
terof  all  Variety  and  ufeful  Inftitution  both  in  Morals,  Prudentials, 
and  what's  the  moft  excellent  in  the  knowledge  of  Things  Heavenly. 
This  for  the  Dialogue. 

Now  of  the  Perfons  in  this  Dialogue, which  are  Two,and  thofe  under 
a  pair  of  llluftrous  Names,  the  Prince  and  the  Chance  Hour,  or  as  here 
they  ought  rather  to  be  marfhalled,  the  Cbaacellour  and  tha  Prince.  1  he 
,  one  apt  and  willing  to  teach,  the  other  prone  and  ready  to  learn ; 

which  harmony  cannot  but  produce  a  profitable  and  defired  effect : 
for  that  heart  is  fure  to  be  wife  whofe  ear  accepteth  Counfels,  and 
who  turneth  not  his  eye  from  the  Precepts  of  Wifdome.  Now 
though  by  the  Lawes  of  Civility  and  Nations;  precedency  be  due 
to  the  Perfon  moft  dignified,  and  Princes  rif  the  Bloud  have  the 
Preheminence  of  Temporary  Officers,  where  their  Offices  have  not 
immediate  reprefentation  of  Sovereigns,  their  Matters  i  yet  I  fliall 
crave  leave  to  treat  firft  of  the  Cbancellour,  and  then  of  the  Prince ; 
becaufe  in  this  Dialogue,  and  as  to  this  occafion,  the  Cbancellour  is  the 
firft  both  Ordine  temporis,  as  the  Commencer  of  the  Difcourfe,  and 
Dignitate  (ermenis,  as  intending  to  diftil  into  the  Youth  of  the  re- 
prefented  Prince  what  his  grave  Experience  obferved  neceffary  to 
..  make  his  Life  exemplary,  and  his  Government,  when  ever  kfhould 
begin,  fuccefsful. 

The  Cbancellour  I  finde  defcribed  three  wayes,   I.  By  his  Name,  For- 

tefcue.  2.  By  his  Office,  Cbancellour.    3.  By  his  pcrfonal  Dignity,  Miles 

Grandavus;  which  reprefents  him  a  man  doubly  honoured,  from  his 

Title  Milesftam  his  Experience  Grandtevus  -,  For  multitude  of  years  teach 

firte  Sen-     Wifdom.  ^  For  his  name  Fortefsae  'tis  ancient  and  Knightly,    poffibly 

tnm  Saint      derived  a  forti  fcuto,  which  fome  Founder  of  the  Family  was  efpe- 

Dueum.        eially  noted  to  have ;   either  his  Integrity  which  covered  him  from 

FortefcucV     top  to  toe  from  the  malice  of  his  foes,  who  like  cruel  Arcbers  Jhot 

Mtttt,  at  {,jm>    though  bis  Shield,  like  Jofeph'/  Bow,    abode  fure  through  the 

mighty  God  of  bis  Salvation,  Gen.  49,  24.  or  elfe  from  fome  more 

then  ordinary  Valour,  which  the  many  blows  received  on  his  Shield 

did  amply  cxprefs. 

I  fhall  not  here  engage  in  the  Story  of  Names,  nor  take  upon  me 

to  dive  into  the  Well  of  Science  to  fetch  thence  that,    which  we 

would  call  the  truth  of  their  Original.     If  we  underftand  a  Name*  as 

Thoiofr.  sy«»g.  Logicians  doe,  for  VoxCgnifieativ*  fecundum  placitum »  then  there  is  no 

Juris,  /it.}*. «.  4.  r    ■%.•*  1  1  1  •/-.  r- 

ir.  1  .d. «««;«,.  certainty   or  Names  but  uncertainty,    what  plea fes  the  Impofer, 

rTtTW..     and  others  to  give  after  his  Example:    -yet  for   the  Antiauity  of 

n.inGvuf.u     Names,  we  are  to  know  that  they  are  coxval  with  time  and  things, 

for  when  God   created  things   he  named  them  according  to  the 

fpeciflaue  nature  of  them,  or  according  to  fome  ufe  or  other  pur-, 

pofe  which  they  moft  tended  to.     After  whofe  Example  the  Hebrews, 

and 


The  Introduction. 


and  (a)  Adam  efpecially  gave  Names  to  all  Creatures ,    which  Names 
did  evidence  not  onely  their  Nature,  but  their  fubje&ion  to  man,  as 
( b)  Bocbartus,  Grotius,  Rivet,  Toflatus,  and  all  the  Learned  on  Genef.  i. 
agree.     After  the  Jew/,  the  Greeks  followed,  and  the  Romans  were  fo 
multiplicative  of  Names,  that  they  run  them  out  into  an  infinity  al- 
moft  ;  for  befidc  their  twenty  eight  Appellative  in  (c)  Ifidore,  I  fiude 
(d)Sigonius   (out  of  the  zncicntGrammarians,Sofipater,Donatus,  and 
Diomedes  )  numbring  four  forts  of  Names,  one  derived  from  Dig- 
nity, as  Prtenomen,  being  therefore  prefixed  becaufe  Gentije,  asPub- 
lius  i    the  fecond  of  propriety  declaring  their  Nation  and  Bloud, 
Nomen,  as  Cornelius  ;    the  third   Cognomen,    being  an  additional  ad- 
joyned  to  their  Genile  Name  for  the  greater  State  and  Equipage  of 
it,  as  Scipioj   thelaft  Agnomen,  from  fome  cafual  regard  or  remark- 
able action,  as  Afncanus :    on  all  thefe  he  enlarges ,  and  therefore 
to  him  I  referr  the  Reader.      The  Poets  alfo  took  the  liberty  to 
term  the  Mufes,  Camcena,   Helieoniades,  Parnajjides,   and  fuch  other 
names  to  the  number  of  thirty,   and  as  many  names  had  Hercules 
alfo  from  the  feveral  fictions  they  had  of  him.     So  generally  are 
Names  given  ad  plackum,  that  it  is  hard  to  limit  Names  to  Natures 
or  Actions,    when  even  fi&ive  occafions  have  been   Parental  of 
them,  and  that  ubtque  loeorttm,  no  Nation  not  taking  the  liberty  fo 
to  doe.     And  at  home  to  be  ignorant  of  this  would  be  our  fhame, 
when  every  dayes  experience  lefTons  it,  and  no  man  that  is  Clerk- 
ly, but  knows,   that  Names  are  occafional,  and  varied  as  occafi- 
on  ferves,   as  Matter  Cambden,  our  learned  Antiquary,  every  where 
in  his  Britannia  acquaints  us.       Amongft  us  therefore  in  England, 
we  have  onely  two  Names  ufual ,  the  Cbrifiian  given  atr  the  Font, 
or  Baptifiery,   by  the  Btjbop  or  Presbyter  ordinarily,   as  John,  James, 
Robert,  Edrvard:    and  the  Sirname  for  diftintffcion  of  the  Family 
from  whence  Children  defcend.     Both  thefe  areufually  expreiTed 
in  Deeds ,  Grants ,  Wills,  and  all  other  Writings  whatsoever,  and 
when  ever  omitted,  are  either  the  fruits  of  negligence  or  worfe ; 
for  it  leaVes  men  in  the  dark,  and  fubje&s  their  Actions  to  uncer- 
tainty4  which  alloyes  the  credit  and  grandeur  of  them.     And  for 
this  caufe  ( if  no  other  could  be  added)  men  are  obliged  in  Juftice 
to  their  Fames;  Perfons,  Pofterities,  and  Families,  to  own  their  in- 
dividual perfons  by  thofe  Names  Cbrifiian  and  Familiqtu,  which  they 
ordinarily  go  by  $    fiuce  as  many  Authours,  not  living  to  publifh  their 
pains,  become  unprofitable  to  the  World,  to  enrich  which  they  in 
their  Lives  and  Studies  were  probably  ambitious,  as  I  think  amongft 
many  others,  'Julius  Cafar  Scaliger  was  in  that  Noble  Compilement 
of  an  hundred  and  ten  Books  De  Origimbus,  which  are  loft :  orelfe 
others  Come  after  the  Authour's  death,  and  thruft  themfelves  into 
that  praife  which  they  never  merited,  and  call  themfelves  Fathers 
of  thofe  Speculations,  which,  if  they  could  vindicate  themfelves  by 
a  Reply,  would  difown  their  impudent,  and  but  Supofititious  Au- 
thours.    I  the  rather  obferve  this,   becaufe  in  the  mention  of  my 
Text-Mafter,  not  onely  Mr.  Mulcafter  a  learned  man,  and  a  Student 
in  the  Law,  terms  him  Mafier  Fortefcue  %night :  but  alfo  Pitfxus  ont  of 

Robert 


(a)  Him  nUtptr.1 
Hebui  Adamum 
infigntm     Pbilt/i- 
phum  fuiffe,    qui 
nAturns  omnium  4- 
mmalium  prole te~ 
rrnerit,  ut  tnde  jux- 
ta  naturdm  tic  pro- 
prietatem    fuam 
(tttqvte  fuum  nemen 
iniiitril.  Fagius 
in  Cjtn.  x.  i-J. 
(t)  Geograph. 
Sacrz,  p.  26.  i£* 

f-57-58. 
Tholofl".   Sja- 
tagm.  Juris,    lit. 
it.t.f, 

(<■)  Midor.   Ori- 
gin. M.  1.  1.  2. 
(d)  Be  NtminitKi 
"Himami,e.  I.    p. 

Hl-  £WSylburg, 

Lilius  Gyraldus. 

Sjnttgm.  De  Mu- 

fis. 

Hilt.  Decrum. 

Sjnu^m.  ig. 


Nomtn  did  puur.t 
qnod   rem    natam 

fdlint,  fitJHt  velut 

mum  im*f>.  Ma- 
riettas *$**  Th*- 
loff.  Syntsgm. 
Jurist.  32. «.  *. 


Efi/t.  DidictUiry 
before  Fottefcue; 
litfxus/.  597- 


The  Introduction. 


Selden'j  t^t  •» 
Fori  cfc  ue.     T» 

Rot.  Paiem.  29. 
H.  ".Mcmbr. 


Fortelcue'/ 
Dtfttnt  bj 
Father  snA 
Muher. 


A  mefi  war- 
thj  Kinfm«B. 


Robert  j\ecord  writes  him  onely  Fortifcutus,  De  Forti/cuto  meo  hot 
dicam,  quod  &  de  Thoma  Cra.-ileioLelandu>  refert,  ut  qui  non  modo 
inoemt,  verum  etiam  calamo,  utpote  bonis  inftrulkus  sfrtibus,  plurimum 
valuit:  \o  that  were  not  Records  and  later  Authours  more  pun- 
ctual, the  Worthy  Authour  might  have  been  lefs  certain.  But  our 
late  learned  Selden,  who  has  led  me  the  way  to  admire  this  Authour, 
has  particularly  difplayed  this  brave  Sage  to  be  third  Son  to  Henry 
Forte /cue  Son  of  Sir  John  Fortefcue  Knight,  Captain  of  Mcaux  and  Go- 
vernour  of  Bry  in  France  under  Henry  the  Fifth,  which  Sir  John  was  fe- 
cond  Son  of  William  Fortefcue  of  Wimefion  in  the  County  of  Devon, 
Efquire  j  fo  that  our  Chancellour  being  immediate  Heir  in  the  eighth 
ddcencof Sir  Richard  Fortefcue  Knight,  whocameoutof  Normandy  in 
theCo»yiwroar/time,wasgeneroufly  defcendedby  his  Father,  and  no 
lefs  by  his  Mother,  who  was  a  Daughter  and  Heir  of  Beaucbamp,  his 
eldeft  Brother  was  Lord  Chief  Juftice  of  Ireland  and  dyed  ilTuelcfs, 
his  fecond  Brothers  Poftcrity  in  the  third  Defcent  divided  themfelves 
into  two  Branches,one  of  which  feated  themfelves  atFatvborn  in  Effex, 
the  other  was  feated  by  Sir  John  Fortefcue,  Chancellour  of  the  Exchequer, 
and  Mafler  of  the  Court  of  Wards,  at  Salden  in  Buckingham  Jbire,  where 
now  the  Heir  of  his  Family  Sir  John  Fortefcue  refides,  who  very  civilly 
and  like  a  Gentleman  of  Honour, fenfible  of  the  fervice  I  aimed  to  doe 
to  the  Memory  of  our  Chancellour  his  Noble  Kinfman,  prefentf  d  me 
with  this  information  from  his  Pedigree^  and  with  the  Picture  of  our 
Chancellour  which  he  caufed  to  be  cut  to  be  hereunto  prefixed  ;  which 
1  purpofely  mention  as  my  return  of  kindnefs  and  thanks  to  his  care 
to  right  my  Noble  Chancellour,  whofe  Portraicttire  but  for  him  had  been 
unknown  and  unpublique.  So  that  he  was  of  a  Knightly  Race,  and 
of  fo  renowned  a  Gravity.that  he  was  Chief  Juftice  to  Henry  the  Sixth 
for  the  latter  half  of  his  Reign ;  and,  as  appears  by  Records,  that  he 
might  Statum  fuum  decentim  manu-tenere,  the  then  King  gave  him  an 
Annuity  of  an  hundred  and  eighty  Marks  out  of  the  Hamper,  together 
with  1 16. s.  n.d.  i  percipiendum  fngulis  annis  ad  Feflum  Natalis Do- 
mini pro  una  s\oba,  &  Furrura  pro  eadem  erga  idem  Feflum  ;  &  66.  s. 
6.d.  fngulis  annis  ad  Fefium  Pentecoftes  pro  una  fyba,  &  Linura  pro 
eadem  erga  idem  Feflum:  fo  greatly  did  this  Worthy  Knight  dc- 
fervc  of  his  Prince,  that  he  was  thought  the  meet  fubject  of  all  Fa- 
vours. For  he  well  demeaned  himfelf in  all  Trufts,  and  as  he  lived 
no  fhanie  to  his  Family,  fo  dyed  he  not  afhamed  of  Fidelity  to  his  So- 
vereign ;  for  him  he  accompanyed  in  his  misfortunes,  and  to  him  did 
he  exprefs  the  ardour  of  ajuft  and  ingenuous  gratitude,  in  applying 
to  his  Son  and  Heir,  whom  he  hoped  fhould  inherit  his  Throne  and 
Dominions,  fuch  wholefom  Documents,  as  beft  fitted  him  to  fub- 
mit  to  God  while  a  Sufferer,  and  to  rule  in  the  place  of  God  when  he 
fhould  reftore  him  to  his  Government,  and  fubjeel:  his  people  and 
the  guidance  of  them  to  him.  Thus  much  for  our  Text-Mafters 
Name,  Fortefcue, 

Now  for  his  Office,  Chancellour^  a  great  Office  of  Truft  and  Dig* 
nity,  the  Prince's  Confcience  in  a  Subjects  breaft,  the  Great  Juftice  of 
the  Realm,  in  whom  the  oppreffed  ought  to  finde  Relief,   and  from. 

whom 


The  Introduction. 


whom  the  Oppreffour  how  great,  how  popular  foeverhebe,  ought! 
to  finde  no  Favour.  The  Truft  of  this  Officer  in  England,  appears 
notably  out  of  old  lngulpbus,  where  Edward  the  Elder,  King  of  this 
Land,  exprefTes  his  minde  to  Turktil,  Abbot  of  Crewland,  his  Chan- 
cellour in  thefe  words,  Vt  quacunqut  negofia  temporalia  vel  fpiritualia, 
Regis  judicium  expeStabant,  illius  confilio  &  decreto,  tarn  [anUa  fidei,  & 
tarn  profundi  ingenii  tenebatur,  omnia  traclarentur,  &  tract  at  a  irrefraga- 
bilem  (ententiam  fortirentur.  So  lngulpbus.  The  Name  Cancellarim  is 
varioufly  underftood,  Grammarians  make  it  no  more  then  a  Scribe  or 
Notary,  as  the  Domeftici  apparitores  to  great  Magifirates,  or  a?  Prafe- 
Uas  Prtetorio.  The  Verb  Cancello,  whence  Camellarius ,  Signifying  to 
deface,  or  amend,  or  crofs  out  a  thing  written,  having  relation  to  a  Su- 
periour  commanding  it,  fome  have  thought  to  import  the  Office 
and  Officer  to  be  fubfervient,  and  under  fome  limitation:  which 
poffibly  the  Lattices,  which  are  called  Cancelli,  whether  in  Churches 
or  in  Courts  do  further  illuftratq.  For  as  in  Churches,  Chancels  are 
immured  in  and  fevered  from  the  Navis  Ecclefia,  and  the  moft  noted 
Members  of  the  Church  fit  there;  foin  Courts,  the  Judges  and  Of- 
ficers of  the  Courts  fit  within  the  Rarrs,  when  the  Counfellours,  Advo- 
cates, and  Pleaders,  which  Budaus  calls  Cancellarios,  and  we  call  Barri- 
fters,  ftand  and  plead  at  the  Barr. 

In  the  Sacred  Empire  the  Office  of  Chance  Hour  is  as  frequent  as  our 
Steward  in  Mannours,  every  Province  almoft  having  its  Chancellour  ; 
who  is  but  a  Cypher  to  the  Great  Chancellour,  whom  Budaus  defines, 
Principis  prafentis  Vicarius,  G?  eo  peregre  profetJo,  Inter. rex  quodammodo 
cenfendus ;  and  in  another  place,  Norma  omnium  jura  reddendum,  cu- 
jm  ore  facundi  Rtges  mortbus  no/fris  efie  (blent,  cujus  ecnlis  velttt  emiffitiis, 
etrcumjpieere  omnia  ac  perluflrare  credantur:  And  therefore  CaJJiodore 
writing  to  one  of  thefe  Chancellours,  cajoles  him  thus,  Rejpice  quo 
nomine  nunc uperis,  tenes  quippe  lucidas  fores,  clauflrapatentia,  fenejiratas 
janxas. 

This  great  Officer,  France,  Spain,  Denmark,  Sweden,  Scotland,  prc- 
ferr  above  all  Officers,  and  (o  does  England  too,  and  that  anciently; 
for  Fleta  writing  of  tha  Great  Officers  of  England,  fayes  thus  of  the 
Lord  Chancellour,  Eft  inter  cietera  quoddam  officium,  quod  dicitur  Cancel- 
laria,  quodviroprovido  £?  difcreto,  tit  Epifeopo  vel  Clertco  magna  Digni- 
tatis debet  committi,  fimul  cum  cur  a  Majoris  Sigilli  Regni,  cujus  fubflituti 
/«/#  CancellariiowHcvmAnglia,  Hybcrnia,  Wallia,  (£  Scotia,  emnef 
que  sifilli  Reois  cuflodientes  ub/que,  fo  Fleta  :  Sir  Henry  Spelman  fayes 
much  in  few  words,  Cenforem  nonagnofcit prater  Regem,  nee  lites  ei trans- 
mittal Judices,fedinvitis  ipfis  fape  adimit,  fo  He.  And  in  all  A&s  of  Par* 
liament  and  Inftruments  of  State,  the  firft  Perfon  of  Truft  is  the  Lord 
Chancellour,  who  is  counted  Magiftratuum  omnium  Antiftes ;  by  reafon 
of  which  the  Ckancellourfoip  is  called,  Summum  hodie  honorum  faftigium, 
ultra  quod  nihil  [per are  licet  homini  quidem  privato  &  togato,  quajique  quod 
dam  fumma  quxdam  ambientis  animi  (olftitium.  By  which,  and  what  to 
this  purpofe  might  abundantly  be  added,  it  appears,  that  this  Of- 
ficer is  the  weightyeft,  and  of  greateft  import  of  any  in  the  Nation, 
Caput  fanUioris  mteriorisque  conjilti^mihout  which  well-performed  with 

d  truft 


Ugt  Forcatulum 
lib.  7.  Dt  OatU. 
mm  Impetio  & 
PhitoCophia. 
Salmuth.  m  Pgn- 
CU0I.T4W.  r.     ' 
f-i'6- 

•£••<•*<  is  in  cjna  ct. 
Itbrtntur   luds  fa. 
Ttxfu.fifsis,  Can- 
celli s,  ash  aliisii 
genus  fepus  erat 
circumfcrsptHi.  E- 
raftn.  Adag,  j>j. 
Chi].  i.,Cent.  1. 
CmMudst  Cicero 
lib.  1. 1)e  Oratnre. 
Et  ijUAfictrtarum 
ariium  ftrtnjibsu 
Cancellis  circstm- 
Jinfiam  Scums. 
*m.  litsnin  a(Is- 
tnibus.     ^b  his 
Cancellis   cjiatns 
ftse  <ircumfcrtf>ji, 
declinavtro. 

Budxus  in  Tan. 
diSt.p.-ji.Edu. 
Vafcof. 


Vn.rUrnai.lii/.  II, 


Lsb.i.eii.f.jr. 
Edit.  Seld. 


Glols.f.  no. 


fri'ii. 


The  Introduction. 


Selden  !>/''*»- 
firtmu  1ti% 
Spelm»n  ■»  Glofa 

».4»*- 

(t)  l»  IntrtimS. 
Mum*  vat  For- 
cefcumm  **  /«<• 
prr/(.  Edw.Whit- 
chuich.Cwa  Tn- 
WffM.  TVmft. 
H.8. 


Dmmm  Cvietll*- 

nai  Ang'.ix  m»/Ii- 

r.r.j    /amr. 

Coke  Trfl1*"  i» 

jo.  Rep. 

j  lnftit.  <»  >  Ed- 

j.    Siat.  £«M- 

htihu. 

J«»r/  Defence 

of  Armesand 

Armoiy. 


Pbotius  w  E*- 
cerptis  ex  Olym- 
pic^. f»-  8 5*.  *- 
dit.  Sylburg. 

thtrt  «  »w<  f*" 
Miiitj  in  tht  0- 
fimtn.  zchitk  tur 
•S.oiy  «r«  •/".  thdi 
rift  •/  «  yriw  tit 

Baculm,»l>«'>  '** 
Tytones  novitii, 
»(,.  boi  /»/«*«■ 
»fc«>  Lvmctt  t>  it 
trtktn,  Tcbtch  v*s 
»  dcviltun  in  thtir 
Hafliludia  ,   txi 
Totneaments^i 
bttr,   *nd  thtnce 
•ant  ttilti  Bacca- 
laurei:  ■uhtthiht 
Rrmujl  Smlditn 
afitrvtrt  ttilti 
ij.    StM..  Faris 
f.7<8.    '•  55-  f 

lit. 

PeuusBlefenGs. 
firm.  i.f.  130. 


truft  and  temper,  Oppreflion  would  call  for  Divine  Vengeance,  and 
Injury  not  be  more  the  Siu  then  Suffering  of  the  Nation :    thus  much 
for  the  Office  of  the  Cbancellour.     Though  1  judge  in  this  high  and 
fupreme  fenfc  pur  Authour  bore  the  Name,  had  not  the  actual  Power 
and  Office  of  Lord  Cbancellour  in  England;    true  it  is  1  finde  him  cal- 
led (a)  Cbancellour,  yea  Summits  Anglise  Cancellarius  by  Pitfteus :  yet  I 
doubt  the  Grant  he  had  from  Henry  the  Sixth  was  abroad,  Nen  ntfia  vi- 
Uo,  (3  exulante  apud  Scotos  Kjge.     The  Jus  adrem  he  had  to  teftifie  his 
Prince's  favour  co  him  ;    but  the  Ju>  in  re  not  effectually  commencing, 
till  his  Prince's  fiipprefled  Right  ihould  invigorate,and  evi<5f.  his  Rival's 
power;  our  Cbancellour  cannot  be  accounted  fo  plenary  a  Cbancellour  as 
otherwife  in  his  Mailer's  polTeffion  of  the  Crown  he  would  have  been. 
Though  then  he  was  not,as  to  the  State  and  PolTeffion  of  that  Honour- 
able and  Great  Truft  here  in  England,  fo  compleat  and  perfect  a  Chan= 
cellour  :  yet  Cbancellour  to  H .  6.  of  England  he  indifputably  was,  as  alfo 
to  his  Son  Prince  Edward,  and  in  it  behaved  himfelf  worthy  the  Title 
of Miles  Grandavus. 

Miles'}  the  higheft  rank  of  the  lower  Nobility,  an  Honour  given  to 
MenofMerit(for  Miles  quafi  Millejimus,  A  man,z$we  fay,  of  a  thou- 
[and)  who  being  an  Efquire  before  (  for  Sir  SdwardCoo^  iayes,  if  his 
Authority  be  as  good  in  Heraldry  as  in  Law,  no  man  was  wont  to.  be 
made  a  Knight,  but  he  that  was  firft  an  Efquire )  was  rewarded  by  his 
Prince,  or  Tome  having  Sovereign  Commiffion  for  f  ome  notable  per- 
formance done,  or  to  be  done.  Now  this  Honour  of  Knighthood 
was  an  encouragement  to  venture,  the  price  of  life,  that  which  carries 
men  fometimes  beyond  reafou  to  hazard,  and  beyond  Confcience 
to  detain  what  they  get.  Olympiodorus  tells  us,  that  Honorius  the  Em- 
perour  rewarded  valiant  men  with  the  name  of  BmM*'e/o<,  which  I  am 
apt  to  think  was  our  Knights  Bachilors:  and  the  Authour  fayes,  *Ou  ^Vor 
'Voptuor,  Not  onely  Citizens  of  Rome  were  fo  rewarded,  but  Strangers  that 
dejtrved  well  in  their  Warrs  ;  yea  not  onely  did  they  give  them  the  No- 
bilitation  of  Honour,  making  the  Alcbimy  of  baje  bloud  to  become  qc- 
nerous;  but  giving  them  badges  of  their  Honour  anfwerable  tothofe 
nowinufe.  Tacitus  (AnnaLlib.  18.)  tells  us,  that  Equeftri  digmtate 
donare,  (3  Annulis  honor are,  were  promifcuous :  and  Lampridius,  while 
he  mentions  Severus  his  care  to  exclude  infamous  perfons  from  the  E* 
queftrian  Order,  Ne  Ordo  Equejhis  commacularetur,  tells  us  alfo,  and 
together  with  him  Suetonius,  That  Rjngs,  Spurrs  of  Gold,  and  Crowns, 
with  Chariots  of  Triumph,  were  the  reward  of  brave  Spirits.  As  after- 
Ages  have  had  like  occafion  for  men  of  Courage,  fo  to  them  have 
they  been  no  lets  grateful  5  nor  have  extemporary  Services  gone 
without  extemporary  Favour.  Honour  being  often  given,  upon  the 
ground  where  it  has  been  won ;  which  makes  the  Kitigbt  Bachihr 
in  his  Inftitution,  a  brave  Military-eftecmed  Order.  There  is  no  man 
but  rauft  yield  to  Time's  Sovereignty,  and  to  that  Fate,  that  com- 
mon Opinion,  and  perhaps  general  Errour  introduces,  That,  That 
makes  and  mans  what,  and  whoitpleafes  *  and  though  by  its  obfte- 
trication  many  notable  Orders  of  Knighthood  are.  produced,  as  our  Or. 
der  of  Saint  Geerge,  and  thofe  other,  To'npn  d  Or,  Saint  Michael,  Saint 


The  Introduction. 

Jago,  Calatrava,  Saint  Efrrit,  the  Annuntiation,  "Templars,  Knights  of 
Malta,  Alcantara^  and  Montefio,  or  that  of  the  Teutonic^  Order,  1  hough 
Ifaythefe,  and  the  molt  of  them,  have  been  honoured  by  the  plta- 
fure  of  Sovereigns  with  efpecia!  RayesofMajefty,  carrying  their  Te- 
ftimonialin  their  Badg  on  the  outward  Veft,  which  challenges  all  ap. 
proachers  to  a  more  then  ordinary  refpecl: :  yet  bare  Knighthood  is  not 
without  fomewhat  of  a  dignified  luftre,  both  as  in  Antiquity  and  uni- 
verfality  of  allowance,  it  is  moft  ubiquitive  and  embraced  ;  and  our 
Land  and  Law  account  it  a  noble  degree/and  of  iooo  years  age  here 
amongft  us.  Since  then  I  fiude  our  Authours  make  Milites  and  Prin- 
•  cipes  a  kinde  of  Synonyma's,  as  Brompton,  no  rude  Hiftorian,  does  in  w„.LondOD< 
his  mention  of  David  King  of  Scots,  his  coming  into  England 'in  King  t-10-6- 
Stephen's  time,  who  was  met  by  the  Northern  Englijh,  in  his  words,  (Mi- 
lites &  Principes  Anglias  Boreales  animofi,  cum  infigni  Comite  Albemarle, 
&c,  viriliter  re  fitter  unt  Is)  and  (ince  Jfyights  Bachi/ors,  made  by  any 
Sovereign,  arc  owned  in  all  places  as  Perfons  of  Honour,  and  their 
Title  lefs  burthen  to  them  in  cafes  of  worldly  viciffitade  then  others 
by  Patent  are,  I  account  them  both  as  to  their  Rife,  Antiquity,  and  U- 
niverfal  refpecl:,  not  lefs  nobilitated  then  becomes  worthy  men  and   .     • 

u"  r        _ '  r    •    t  r>i  ■    r  <-r    a  ■      c  Rot.  Patent.   :o 

merits.     And  inch  an  one  was  our  Knight,   who  was  Chief  jujhee  from  h  «.  pn.i,  •» 
the  20  ff.  6.10  the  32  H.  6.  yea,  for  ought  I  know,  to  the  38  H.  6.  and   ™&&,jJr£\ 
after  Chanccllour  to  his  Printe  -,   to  which  Offices  men  feldom  attain  till  f^J^"V' 
they  be  aged  and  experienced,  and  till  they  be  notable  for  Counfel : 
therefore  is  it  added  here  to  our  Chancelleur's  remark,  that  he  was 
Grandtevus,  a  man  not  fo  much  for  Aklion  as  Counfel ;   a.  Knight,  that 
like  the  old  Leontine  Gorgias,  was  famous  in  the  very  determination  Csliu«  Rl,od!- 
of  his  life,  being  able  to  fay  with  him,  Quid  voluptatrs  eaufa"nihilmihi 
unquam  facere  permiferim ;  and  having  gratified  his  paffion  with  no  a- 
bufe  of  his  virtue.     This,  This  is  he  that  is  called  Miles  Grandtevus : 
and  well  may  he  fo  be,  for  he  was  a  Grand-Jier  and  Oracle  of  Contifel 
and  Conduct ;  Grandtevus*  qui efl provetlioris  tetatis^quafi grandis  eevi  fenex, 
faith  Cerda  :     fo  Virgil t 

Et 


gin,  lib.  i$>.  c.  20, 


6    1 

quit  villus  Abas,  &  qua  Grandtevus  Alethes. 


In  hi.  i.Aneid: 


So  Pliny,  Alios  ejji  Grandtevos,  femper  Cams.     Yea  Grandtevus  and  Lon-  Wl#,» 
£«vKJtheLafrW/promifcuoufly  ufed  for  Old-age  ■,    in  that  then  any 
thing  of  more  then  ordinary  remark  was  cxprcflcd  by   Granditas, 
famous  Phrafes,  Granditas  Verborum :    fo  Pliny  writing  of  one  rare  for 
his  time,   fayes,  Non  Mi  vis,  non  granditas,   non  fubtilitas^  non  ama- 
ritudo,  non  dulcedo,  nonlepos  defuit.      By  this  Attribution  to  our  Chan- 
cellour's  we  arc  told,    that  he  was  a  man  wife  enough  to  make  a 
prince  happy ;    A  Grandtevus  who  carried  Time's  Badg  on  his  Head,  j^^Zcm  •&- 
and  Time's  Glafs  in  his  Hand ;  that  had  outlived  the  Paffions  and  Eafi<  ££££  t 
neffes  of  heady,  fierce,  credulous  youth  ;   and  was  grown  as  full  of  teomm,  orimu 
Counfel  as  an  Age  was  of  Moments ;   an  Helluo  tempris,  who  had  fo  &»./«! 'i^ZZ'i 
meafured  Time  that  it  could  hardly  deceive  him :  This  is  he,  who  ad-  'd"  1^°n°  A~ 
dreffeshimfclfin  this  Dialogue  to  the  Prince,  whom  he  muchconver- 
fed  with,  and  thereby  may  be  prefumed  fully  to  underftand.     And  in- 
deed 


"fax  Un£tfnrttior\ 
gwiun  Imptritftr- 
tmuuur.  Lcland. 
<<«H.6.">Cygnea 
Cancione. 


HolingOlcd.e. 
6)1. 


Holl'mjfh'ed.  ft 

*7».  ' 


The  Introduction. 

deed  the  great  Experience  of  this  Gentleman,  whofe  former  converfa- 
tionwith  the  Youth  of  Honour  and  Note,  (to  whom  in  times  paft 
he  had  read  the  Civil  and  Common  Laws )  gave  him  a  more  cxadr. 
Method  of  dealing  with  the  Young  Prince  then  the  bare  Principles  of  a 
Mother-wit  ,or  the  rude  notions  of  a  life  of  Study  would  have  fuggefted 
to  him  fincehad  he  been  morofe  and  numerous, as  moft  aged  men  and 
Artiftsare,  he  would  fooner have  deterred  from,  then  exhorted  the 
Prince  to.the  Stud}-  of  what  he  commended  ;  for  Great  Spirits  are  not 
eafily  cajoled  into  any  thing  by  Pratorian  Dictates,  which  fmcll  more 
of  a  Cynique  Severity  then  a  generous  Candour:  but  when  he,  in  his 
grave  and  fober  addrefs,  complements  the  Prince  into  a  good  opinion 
of  him,  how  well  received  are  all  his  Documents  ?  Prejudices  ;igainft 
mens  Terfons  end  in  prejudices  againft  their  Words  and  Actions :  and 
men  of  fcandalous  looks  are  feldom  lefs  then  Beams  in  the  Fyes  of 
Princes,  who  never  look  with  pleafurc  upon  figures  which  have  tor- 
yous,  rude,  and  difcompofed  Vifages.  This  the  wife  Chancellour  fore- 
feeing,  frames  himfelf  to  fuch  a  Courtly  Demeanour,  as  might  not 
immerge  his  grave  Defign  in  the  danger  of  mifcarriage  •-,  But  ftill 
prefervehim  regarded  in  his  Princely  eyes,  to  which  he  ever  dc  fired  to 
approve  hmfi.  If  worthy :  1  hus  much  for  the  Chancellour,  the  fii  ft  par- 
ty in  the  Dialogue . 

Kow  of  the  Prince,  the  fecond  and  more  noble  party.  This  Prince 
was  brave  Edward,  Son  and  Heir  to  King  Henry  the  Sixth  of  this  Land, 
by  Dame  Margaret  Daughter  to  ~Reynard  Duke  of  Jnjou  and  Berry,  _ 
and  King  of  Jerufalem,  to  whom,  in  his  Father's  Misfortunes,  this 
Royal  Stripling,  forced  to  fly  into  France,  addrefTed,  and  from  w  hom 
he  doubted  not  to  receive  the  C(  urtefie  of  welcome,  being  undt.  r  thofe 
inevitable  preflures  which  attend  things  humane,  and  agamft  the  infe- 
licities of  which  Crowns  cannot  prescribe  i  for  could  any  Father  have 
merited  his  own  eftablifhment  and  his  Pofterities  bleffing,  furely  the 
Saintly  Father  of  this  Prince  would  have  been  the  very  Hee :  lor  He 
was  a  Prince  of  remarkable  Virtue,  a  Pattern  of  moft  perfeU  Piety,  up. 
right,  farr  from  fraud,  wholly  given  to  Prayer,  reading  of  Scriptures, 
and  Alms-deeds  •-,  of  fuch  integrity  of  life,  that  his  Confeffor  avowed,  that 
for  all  the  ten  years  he  hadconfefjedhim,  he  had  never  committed  any  mor- 
tal Sim  fo  continent,  that  fufpieien  of  unchafie  life  never  touched  him ;  fe 
full  of  Charity,  that  bethought  he  did  never  enough  for  the  Church  and  the 
Poor :  Who  on  dayes  of  Devotion  would  wear  Sackcloth,  and  learn- 
ed from  his  Saviour  to  ufe  no  other  Communication  then  Forfootb, 
Forfooth  >  Tea,  Yea;  Nay,  Nay  i  yea  fo  full  of  Mercy,  that  he  par- 
doned (when  for  a  time  he  was  reftored  to  his  Crown)  one,  that  thruft 
him  into  the  fide  with  a  Sword  when  he  was  Prifoner  in  the  Tower.  Yet 
this  Prophetique  King,  who  foretold  from  the  face  of  Henry  the  Se. 
venth,  when  but  a  Childe,  That  He  would he  the  Perfon,  to  whom  both  We 
and ow  adverfaryjeavingthe  Pojpfpon  of  all  things,  frail  hereafter  give  roorn^ 
and  place,  could  not  by  his  Kingly  Divination  forefee,  or  by  Prudence 
obviate,  and  foreftall  his  misfortune :  but  after  almoft  one  and  thirty 
years  quiet  Pofleffion  of  his  Government,  in  the  fifty  fecond  year 

of 


The  Introduction. 

of  his  age,  loft  his  Crown  by  Battel  gained  againft  him,  his  Adver- 
faryes  being  fewer  in  number  then  his  Partizans  5  and  foon  after  his 
life  was  taken  away  by  Murther,  and  his  Corps  buryed  at  Chertfey, 
being  carryed  thither  obfcurely  without  Prieft  or  ClerJ^,  Torch  or 
Taper,  Singing  or  Saying,  or  any  kinde  of  Decent  or  Cbrijlian  So- 
lemnity. So  departed  this  good  King.  And  unfortunate  was  Gallant 
Prince  Edward  his  Son,  who  as  he  was  a  young  Gentleman  of  faire 
Complexion  and  comely  Perfon,  fo  was  he  of  a  brave,  bold,  and 
daring  courage,  as  appears  by  his  valiant  demeanour  in  Tewkjbury 
field,wherein  he  very  Princelyly  manned  a  great  and  puiffant  &rmy3ex- 
preffing  noremifsnefs  in  any  point  of  true  and  generous  Knighthood « 
yet  for  all  that  endeavour  loft  the  day,  and  became  a  Prifoner  to  Sir 
KJchard  Crofts  who  took  him,  and  for  a  while  kept  him  fafe  and  fecret : 
but  whether  the  fear  of  Edward  the  Fourth,  now  Victor,  or  the  love  of 
♦the  reward  promifedto  the  Difcovery  and  Delivery  of  him,  wrought 
the  refignation  of  him  into  Edward  the  Fourth's  Hands,  fure  it  is,  ren- 
dred  he  was,  and  as  fure  that  upon  the  rendition  of  him  he  was  con- 
trary to  Edward  the  Fourth's  Proclamation,  (lain.  For  when  he  came 
into  Edward  the  Fourth's  Prefencc,  and  was  by  him  demanded  How  He 
durfi  fo  prefumptuoufly  enter  into  his  Realm  with  Banner  difplayed,  Hee, 
the  Prince  Edward  (Son  to  Henry  the  Sixth)  boldly  anfwered,  To  recover 
my  Father's  Kingdom  and  Heritage,  from  his  Father  and  Grandfather  to 
him,  and  from  him  after  to  me  lineally  defcended  j  at  which  words  King 
Edward  the  Fourth  faid  nothing,  But  with  bis  band  thrufl  himfrombim,  or 
(  as  fome  fay  )  ftruck^  him  with  bis  Gantlet,  Whom  incontinently  George 
Duke  of  Clarence,  Richard  Duke  of  Gloucester,  Thomas  Gray  Mar- 
quefs  of "Dorfct,  and  William  L»rd  Halting,  that  flood  by,  (uddenly  mur- 
ther ed  i  For  which  cruel  AU  (  faith  my  Author  )  the  moflpart  of  the  Doers 
in  their  latter  dayes,  dranJ^of the  like  Cup  by  the  righteous  Juflice  and  due 
punifbment  of  God.  For  the  Duke  of  Clarence  who  murthercd  both 
Henry  the  Sixth  and  his  Son,  this  towardly  Prince,(thzt  our  Forte fcteeSo 
loved  and  applyed  hirafclf  to)  about  the  18  E.  4.  was  accufed  of  Trea- 
fon,  caft  Into  the  Tower,  and  after  drowned  in  a  Butt  of  Malmfey : 
The  Duke  of  Gloucefter,  after  Jfjthard the  Third,  was  flain  at  Bofwertb- 
field,  His  body  being  naked  and  defpoiled  to  the  skin,  and  nothing  left  about 
him.,  not  fo  much  as  a  clout  to  cover  his  privy  Members,  being  trufied  behinde 
a  Turfivant  of  Arms  like  an  Hogg  or  Calf  bis  bead  ana  arms  hanging  on 
the  one  fide  of  the  Horfe  and  bis  leggs  on  the  other  fide  •  the  Lord  Haflings 
was  accufed  of  Treafon  by  the  Duke  of  Gloueejler,  when  Protector  to 
Edward  the  Fifth,  and  beheaded  :  fo  that  oncly  the  Marque fs  ofDorfet 
remained,  which,  what  became  of  him  T  finde  not;  but  I  believe  he 
that  fhed  the  bloud  of  a  Prince  had  his  own  bloud  fhed,  as  the  Satis- 
faction of  Juftice.  For  viler  men  never  the  World  faw  of  Nobles 
then  were  thefe  Peerlefsly  wicked  Peers  who  flew  in  cold  bloud 
the  Son  of  a  King,  whom  the  King  in  being,  promifed  to  preferve  : 
Thus  much  for  the  Story  of  the  Prince,  the  fecond  Perfon  in  the 
Dialogue ,  Who  being  the  Care  and  Charge  of  our  Chancellour, 
and  proving  notably  rational  and  manly,  may  be  thought  to  ap- 
pear fuch  from  the  improvement  of  thofe  Principals  and  Maxima 

«  which, 


Holinglhed.y. 
6?i. 


t*{.  «8^ 


God  an  A- 
venger  of 
innocent 
bloud. 

\itm  ltd  frttitt 


tig.  7«». 
f*£.7»4. 


The  Introduction. 

which  our  forte/cue^  His  Father's  and  His  Cbaneellour,  had  commu. 
nicatcd  to  him  in  this  Difcourfe,  De  Laudibus  Ltgum  Anqlice^  which 
among  many  other  Treatifcs  that  lie  wrote,  is  accounted  the  molt 
worthy,  as  being  not  onely  the  fruit  of  his  folid  Law-judgement, 
which  further  appears  in  the  Year- Books  of  H.6.  from  the  twen- 
tieth of  his  Reign  upward;  but  of  his  various  Abilities  in  Philelogi* 
and  Hiftorique  Learning ,  as  in  what  after  followeth  more  at  large 
appeareth. 

So  endeth  the  Introduction,  which  the  Authour  publilhes,  as  he 
does  the  fubfaquent  Commentaries,  Sub  Prottftatiotte  de  addendo, 
GutSumT1*  retrabendO)  corrigendo,  poliendo}  pout  opua  fuerit  (3  eonftdtius  vi- 

debitur, 

DEO 

Clementifsimi  annttente. 


e.w. 


WmQV&ilccllor  ofEnjlvui  ^ndcrKing*  Henry y;Svcth. 


A    Commentary 
Vpori 

FORTESCUE 

De  laudibus  Legum  Anglia. 


Itihitun  tffKuJ;. 
rt  vidtlnr  Oratit- 
Mm,  fiifnndirc. 


CHAP.  I. 

Andeo  vere,  Serenijfme  Princeps,  fuper  Nobilijftma  Indole  tua. 
'  Twas  the  Oratour's  Rule,  long  ago,  to  commend  what  he  had 
to  utter  by  ape  Prefaces  ■,  Or  atom  eft  bene  incipere  :  and  the  rea- 
fon  being  to  engage  the  Auditours  to  Attention,  and  thence  to 
captivate  them ,  the  Praftice  proved  not  onely  appropriate  to 
Oratours,  but  to  Hiftorians,  and  generally  all  Writers.  This 
Method,  prevailing  with  our  Chancellour  in  thele  words,  makes 
-  me  ready  to  write  that  of  him  ,  which  Seneca  does  of  his  Fa- 
bian, That  he  feems  tohim,  notfoimpetuoufly  to  mu'tiply  words,  as  weightily,  and  profita- 
bly to  exprefs  his  minde  bj  them.  Socompt,  fo  feafonable,  fo  peculiar  to  his  purpofe  is 
this  Courtly  Fronufpiecc ,  that  therein  our  Forte/cue,  like  Seneca's  Fabian,  may  well 
be  written  of,  as  nan  negligent  in  eratione,  fed  ftcurus,  and  his  Book,  to  which  this  is 
the  Inlet,  be  termed  Ele Ha  verba,  non  captata,  &c.  Choice  words,  not  wrefted,  as  the  manner  Seneca  Ef-  ,0•• 
of  men  is,  from  their  proper  meaning,  but  fignifirant  to  the  pnrpofc  for  which  thej  are  al- 
leadged,  andexprejpveoj '  an  high  Genius,  and  a  Magnanimous  Soul,  that  tittered  them. 

For  here  the  Chancellour  difplays  both  the  Prince's  Endowments,  and  his  own  Aifedti- 
on  to  the  Glory  and  Extent  of  them  •,  that  as,  by  the  one,  he  appears  to  havetutour- 
ed  a  Noble  mind,  fo,  in  the  other,  does  he  infinuate  fuch  Tuition  to  take  the  firft  fire 
from  his  Example,  who  loved  the  virtue  in  others,  which  was  firft  ineenerated  in  hira- 
felf. 

This  Claufe  then,  C audio,  Serenifftme  Princeps,  fuper  NobiUfllma  Indole  tua,  re- 
lates both  to  the  Prince,  and  to  the  Chancellor,  in  theExpanfionofit.  To  the  Princty. 
as,  Sercni/pmut,  and  Nobilijfim*  indolis ;  to  the  Chancellour,  as  affe&ed  with,  and 
rejoycing  for  the  futurity  of  good  to  the  Nation,  over  which  his  Accomplifhment  was 
to  be  influential.  This  is  the  purport  of  this  Introduftional  Artifice,  which  I  the  rather, 
touch  upon,  becaufc  it  is  a  Courfe  both  Chriftian,  and  artly,  not  to  prejudtca^e  our 

A  Succefs 


%  A  Commentary  upon  Fortes  cue. 

Succcfs  by  rude  Prefaces  -,  but  to  make  oiir  ends  on  men  in  honeft  ways,  through  the 

Mediation  of  Favour,  honeflly  begg'd,  and  readily,  with  Content  ofthofe  we  ask  it 

of,  obtained.     And  becaufe  the  Caufe  preceeds  the  Effect  in  Nature's  Order,   and  it 

will  become  us  to  treat  of  the  Root,  before  of  the  Fruit,  the  Prince's  Perfections  (hall 

preceedthe  Chanccllour's.  Afa&ion  to  Him  for  them,  even  in  our  Comment. 

The  Prince  is  reprefented  firft,  as  Sereniffimns.    Then,  as  Nobilifprn*  ind.lis. 

Sercuiffimus.    Antiently  Emperour  s  and  Princes  v/cre  pleafed  to  be  called  by  Names 

of  lingular  Beneficence  •,    Pit,  Clementes,  Manfucti,  TranejuiHi,  Sereni,    Felices :   but, 

of  late  they  have  aflumed  Superlatives  to  their  Condecoration,  fo  that  notonely  J 

ter  had  the  Name  of  Optimus  Alaximus,  but  all  Supremes  are  now  reprefented  by  li  - 

perlative  Exprcflions,  becaufe  they  challenge  fole  Power  within  their  Dominions.  Hence 

comes  it  topafs,  that  though  Princes  do  communicate  many  Attributes  of  theirs  to  men 

of  Virtue,  and  Eminency(as  to  Patricians,  Senatours,  and  Mimfters  of  Learning,  and 

State)  fuch  as  are  the  Titles  of  lilt* fires,  Spettabiles,  Nobiles,  Clariffimi,   Perfeftiffjmi, 

iniiiiitUdigni-  (ofwhich  Pancirol  gives  us  a  particular  Accompt )  yet  the  Title  of  Sereniffimns,  as  inconi- 

iVptZT'v".  ad  municable ,  Princes  have  referved  to  themfelves,  and  to  fuch  have  wife  men  chiefly, 

p  to.  6-C.+.  17.  if  not  onely,  given  it.     Thus  of  old  did  Saint  Leo  term  the  Emperour  Leo,  to  whomhe 

chzusIL  ugem  wrote,  Tp  C-mfivJb^u  ,  £,  yaMTt-ntrea  i,i  Aiatv,  To  Our  mofi  glorious,  and  mofl  ferine  Sen, 

joo.  i»  /.*.  di  Leo  the  Emperour'.  and  that,  (becaufe  Serenity  in  a  Prince  is  that  temperament,  which 

y«un?m 2ii"'fi '  keeps  him  aequilibrious,  and  properly  qualified  ,to  rule,  and   all  the  Concomitants  to  it. 

And  therefore  though  Herodsan,  to  flatter  a  vile  Commodus,   may  call  him  Nobiliffi- 

mum  lmperatorem,  and  Licinius  Valerianus  may ,  becaufe  none  others  will,  give  himfelf 

that  Title;  yet  none  deferves  the  Title  of  Sercniffimns,  but  he,  that,  in  Lallantius  his 

7>«0pific.  t.  1  j.  wora^»  '»  cPere  tnifericordia  largiter  fecerit,  &c.    He  that  is  merciful,  generous,  and  ha' s 

expreffedin  his  life,  and  Actions,  Perfect  Virtue.      Indeed  Serenity  being  a    Supraju- 

nary  may  well  be  accounted  more  then  ordinarily  of:  nor  is  it  fo  much  a  Courtefie,  as 

a  due  debt,  andjhomagc  to  Serenity,   to  admire  it.    The  Catholique  Rational  Nature 

confpires  to  pay  a  Devoir  to  this  Deity  for  the  Diffufion  of  its  quality  to  every  thing. 

Serenity  is  that  temper,  that  gives  opportunity  to  all  Virtue;  and  then  is  the  Sea  fbn 
to  do  worthily,  when  there  is  no  Cloud,  no  Storm  of  Obliquity  in  the  Jtfinde,  but  all  the  Re- 
gion of  it  is  clear  :  therefore  all  ferene  things  were  accounted  excellent,  aflas  ferena 
caelum  ferenum,  color  ferenus,  lux  ferena,  animus  ferenus,    doBrina  ferena,'  frons  tran- 
ejuilla,  &  ferena  ,   yea,  vitam  ferenare ,    and  domum  largo  igne  ferenare,  are  frequent 
in  all  good  Authours  to  exprefs  the  greateft  pleafure,  content,  and  comelinefs  by.    And 
therefore  the  Pofitive  being  }fo  fignificant,   its  Superlative  muft  have  a  fupereminency 
offenfe,  reflecting  moftintenfe  Luftresona  Prince,  and  prolating  him,  not  as  onely 
difpofed.  to  ,  but  accomplifhed  with  the  liberalleft  proportions  of  humane  Capacity, 
whereby  lofty  Nature  is  reduced  to  fuch  an  harmonious  Manfuetude ,  as  makes  N'a- 
jefty  comply  with  Meanefs-,  ■  and  forbear  thofe  fuperb  and  monftrous  Titles,  which 
both  intimidate  men ,  and  intrench  on  God's  Patience  provoked  by  the  Arrogancy 
of  them.      For  though  Attila  may  glory  in  the  Title  of  Ira  Dei  ego  fum ,  &  o,- 
bis  vaftitas,   lam  the  Anger  of  God,    and  the  World's  Devafiation  ,  and  Abbas  tile  Per- 
fan  King  vapour,  that  he  is  King  of  Kings,  and  Sultanies,  Lord  of  the  Imperious 
Mountain  ot  Ararat ,  Commander  of  all  Creatures  from  the  River  Corazon  to  the 
Gulph  of  Perfia ,   Governour  of  all  Sultans,  Emperour  of  Mufsdmen ,  Bud  of  Ho- 
nour, Mirrour  of  Virtue,  Rofe  of  Delight  •  while  Sapores  vaunts  himfelf  to  be  King  of 
Kings,  Equal  to  the  Stars,  and  Brother  to  the  Sun  and  Moon-     and  Covoes  will  be 
Lord  of  Lords,  Prince  of  Peace,  Salvation  of  men,  the  great  Conquerour  rifing  with  the 
Sun,  giving  Luftre  to  the  Night :     notwithftarding  the  great  Cham  give  out,   he  is 
04mm./iwjc  «- theSonofthehigheftGod,  and  Quinteflence  of  the  purefl:  Spirits-     and  Prefier  fihn 
1""r'i;&ii'hr    c^allenges  to  himfelf,  to  be  Head  of  the  Church,  the  Favourite  of  God,   the  Pillar  of 
mTseJ'.ul'l.  Faith .-  yetallthefe,  and  fuch  other  Rhodomontadoes,  are  but  the  Lunacies  of  deluding 
BcneU.  16.    .  and  deluded  Opination,  the  Metretricious  Suggeftions  of  light,  and  loathfome  Eccen- 
tricity,   Privations  of  that  Serenity,  which  keeps  the  Mindein  a  Royal  Manfuetude,  antA 
inclines  it  to  a  fertile,  and  frequent  Humanity,  which  Nerva  probably  forefeeing  in 
Trajan's  temper,  rewarded  with  Adoption  of  him  to  the  Empire  :  for,though  Trajan 
were  a  Spaniard,  and  neither  an  Italian,  nor  Italic d,  yea,  though  Nerva  himfelf  ha4 
many  Kindred,  and  none  of  ftrange  Origen  were  ever  Emperour  before  Trajan,  yet 
D|'0B  ***•'*  it£   i  f  ffl  mvuv  ov-nieiae  I  Jvftf  -siw    ovflkri*.*    a&tviJmnr9    He  did  not  prefer  the    ad- 
vancement 


A  Commentary  upon  Fortes  cue.  3 

vancement  of  his  Kindred  dove  th:  goodof  his  Government,  7>rf;<w,hechuks.  T!«5  n^i^ua, 
&C  M*kingVirtHC  a  Qualify  atit.nte  Government,  rather  then  Country .  And  accordingly 
he  approved  hirnfclf:  fornofooner  was  he  in  the  Throne,  but  he  gave  the  Senate  aflu- 
rance,  That  he  fhould  disturb,  or  put  to  Death  no  good  Man,  which  exemption  of  Good 
Men  from  fear,  and  danger,  perfifted  in  by  his  o  her  fupernumerary  largdfcs,  of  which 
that  was  one  Openly  he  honoured,  and  preferred  all  Good,  and  fnfi  Men,  made  all  N  en 
account  him  an  Incarnate  God ,  and  poflcfftd  them  wuh  fuch  Eulog.ck  gratitude,  as 
would  have  tempted  any  Mindc,  but  that  of  ferer.it y,  to  abate  of  its  condelcenfion,  and 
to  affed  diftance.  But  the  gentlenefs  of  his  Vinde  kept  him  in  the  merit  ot  that  praile, 
which  Herodian  gives  to  Marcus  the  Empertur,  Father  of  Ccmmodus,  uw@-  71  8>n- 
nKiu>,Scc.  that  £<r  did  not  onely profefs  in  Word,  but  prailifed  in  Deed  the  Gravity  and  '  ' :-'-4'** 
continence  of  perfect  Virtue.  In  fhort,  what  this  fercnifsimus  in  a  Prince  is,  the  Lives,  and 
Carriages  ol  five  of  our  late  Englifl)  Monarchs,  tour  of  which  are,  I  believe,  rewarded  e. «.  o^Eiiz. 
with  the  Glories  of  Heaven  for  it,  and  the  laft  yet  is,and  I  inccflantly  pray  long  may  be,  K  J"  eh"'« u 
the  living  Inftance  of  it,  will  beyond  all  the  Oratory  of  Words,  and  Sculpture  of  the  molt 
Immortal  and  tranfeendent  Pen,  difcover,  and  confirm. 

Our  ChanceHour  then  meant  much  by  Sertniffime  Princeps ,  yet  not  all  that  he  had  to 
blefe  God  for  in  his  matchlefs  Pupil.  To  be  ot  a  towardly  and  pliant  Nature,  to  be  a  fub- 
alcum  folum  to  virtuous  Implantations,  was  a  bleffing,  which  the  rough  and  fanguineou9 
trucuiencies  ol"  fome  Matures  abhorr:  but  to  have  mbilijfimam  indolem,    a  fertility,  and 
profufenefs  of  addiction  to  Good  j  to  have,  as  it  were,Good  connatural  to,  and  radicated 
in  the  very  Free-hold,  fo  that  it  is,  as  it  were,  infeparabie  from  it,  Thi$  is  a  noble  Second 
to  the  former,  nay  it  is  theParcnt.of  it,  at  leaft  the  fin:  qua  non:  for  fuch  mofl:anend 
Priwcrr  prove,  as  they  are  in  the  Oar  of  their  natural  Temper.     Hence  the  Chancellottr 
exprefles  the  accomplifhmlnt  of  the  Prince  by  Indices  nobiliffima,  as  the  fignifycatio  futur* 
probitatis  ;  fo  Tullj  ufes  the  Word,   Ctfarisvero  fneri  mirifyca  indoles    virtutis.  So  c;c.  ad  Bmfum  3 
7.    Ve  fynibus  1 8-  and  he  commends  Lentultu  as  one  eximiafpejumma  virtutis  adolefcen-  **.  i..s>.  7*.u. 
tern.     And  Seneca  mentions  Tanta  indole  Juvenem,  qui  a  to  Pater,  cite  Maritus,  cita  D=  Con  ° ' 
Sacerdor,tkc.  Yea  not  onely  in  Children  is  Indoles  nobiliffima  a  notable  comfort,  but  in 
Grown  Men  in  veris  lignum  eft  prafentis  virtutis,  ioTully:  Facenimfuiffeinifto  C.Lxlii 
M.  Catonis  materiam  &  indolem  ;  and  Pliny  fays,  primum  nonmUis  indolis  ded*  Ifecimen-^ 
and  Aulus  GeUius  mentions  Lata  indolis  adolefcens, \ib.  19.  cap.  9.  'Fwereendlefs  to  raul-  k^*""  ' 
tiply  inftances  oar  of  Authours  to  this  purpofe  :  that  only,  which  the  Phrafe  imports,  is  a 
natural  edg  both  to  Good,  or  Evil  ■,  for  indoles  barely  is  applicable  to  either :  for  though 
Livj  writing  of  Lavinia,  understands  her  Indoles  to  be  generofytas  quadam  virtutis  at  qui 
animi{\  Ab  Vrbe<j.^  yet,  when  he  ufes  the  word  of  Hannibal,  he  makes  it  to  Evil  as  well 
as  to  Good,  cum  hie  indole  virtutnm  ae  vitiornm  fuh  ^fdrubale  meruit.  And  therefore 
the  Nibiliffima  here  is  not  onely  a  Complement,  but  a  Charafteriftical  discrimination  of 
the  Prtn.e's  propenfion  to  Good,  as  his  Choice,  and  that  which  God  bad  fo  tinftured  his 
Temper  wi.h  that  he  could  as  foon  ccafe  to  be,  as  not  to  be  Nobly  Virtuous.  Indolem 
valent, quantum  terra  proprietas,  &  coeli,fnb  quo  aluntur.  And  hence  is  it,  thac  a*  curious 
and  thnfy  Planters,  rhat  delight  in  choice  rruit,  do  not  onely  preferve- choice  Seed,  and 
choice  Grafs,  but  alfo  fow  and  plant  them  in  proper  Soils ;  that  fo  their  Natural  Indoles 
may  have  no  \lloies,  and  Debafement9,  but  Additions  from  the  Pofmon  of  their  Fixa- 
tion.- fo  do  prudent  and  diligent  Parents,  and  Supervifours  exprefs  their  Affedion  and 
Judgment  in  the  Nurture  of  Youth  to  Virtue,  that,  their  Natural  Towardnefs  not  being 
Ripped  and  blunted  ,   they  may  in  time  come  to  a  virtuous  Tapering,  and  to  that  pro- 
portion of  Plenitude,  which  iheir  Natures  and  Opportunities  capacitate  them  to. 

Which  Connaturality  of  the  fruits  of  Education  with  thelmpreAions  of  their  Birth  make 
Virtue  fo  habitual  to  them,  that  they  may  well  be  called  theirs  as  (  by  Divine  Conceilion) 
they  are  tne  temporary  Polfeflburs  of  them  -,  fince  by  their  Coalition  with  them,  and 
their  A  ppropriation  of  them,  as  their  peculiar  Treafure,  they  are  onely  and  properly 
termed,  fereniffimi  and  H'jbiijfima  indslis.  For  though  Titles,  and  Terrour  may  caufe 
afcriptions  of  Perfection  to  \kn,  who  oiherwife  as  they  defcrve  them  not,  fo  would  not 
obtain  them,  Shews  of  Virtue,  or  claims  to  the  credit  of  Her  from  the  real  Alliances  of 
Her,  to  their  Anceftours,  is  not  currant  Coyn  to  purchafe  the  Prince's  Character  here. 
For  thofe  remote  and  dubious  Titles,though  they  derive  faint  and  refracted  lines  from 
the  Centre  of  Mcrk.yet  are  but  the  by-blows  of  its  excellent  Heroicknefs.  They  are  as 
Monogenes ,  Pompefi  Cook  fomewhac  like  him,  but  not  very  Pompcy  the  Great :  they 

A  a  are 


4»  A  Commentary  upon  Fortescue. 

are  aSerapio  Scipio's  Slaughter-Man,  not  indeed  Famous  Scipio,  Afric^s]  Mafter.  jTt-ty 
are  Spintheris  the  defpicable  Player,  noc  Publius  Lentulus  the  Grave]  Senatour.  7  hty 
arc  virtutis  umbra,  little  conducing  to  Princes  praife,  but  rather  the  Vizzard  olfuch 
Deformities  as  feck,  and  take  Sanduary  and  relief  from  creditable  appearar.ces.  That 
which  onely  is  worthy  Princes,  is  propnis  gemmis  corufcare,  to  fee  ihat  the  Virtue  they 
pretend  to,  be  vera, non  fucata  ;  propria,  non  alien*.  For  that  the  Chance  Hour  here 
admires  the  Pn'«:r,as  One  that  was  worthy  hisDeicent,  and  Degree,  and  thereupon  He 
allures  him  the  Serenity  of  his  Mind  contorted  with  that  Noble  Towardlinefs,  which  he 
undoubtedly  difcoveredto  be  his  Own,  unftudicd,  unaffeded,  naturally  His,  hsd  fo 
afleded  him  with  Joy,  that  he  could  not  but  declare  his  thoughts  witn  Gratitude  to 
God  the  giver,  and  with  admiration  of  Him  the  Sub jed  of  fo  much  and  forare  Endow- 
ment, G*udeo,Sereniffime  Princeps. 

This  the  ChanceUour  adds,  to  {hew  the  Senfe  Wife  men  have  of  Princes  Worthiness  .- 
for  fince  they  are  the  great  Examples  of  their  People,  and  have,  as  it  were,  Ithe  power 
of  making  them  Good,  or  Bad  ',  the  preponderate  of  them  to  Virtue ,  which  will 
be  the  turn  of  the  Common-Scale,  and  make  it  incline  to  the  right,  cannot  but  highly  re- 
t»  Attgufto.  Joyce  thofe,  that  rightly  conceive  it.  Auguftus  was  a  brave  Prince ,  yet  Suetonius 
writes,  he  never  commended  his  Sons  to  the  People's  love  nifi  cum  hac  exceptione,  ft 
merebuntur ,&C  but  With  this  provifo,  that  they  defer ved,  profeJpng,that  Honour  ought  to 
be  the  reward  of  Virtue,  and  not  the  Companion  only  of  great  Birth,  and  high  Blood.  For  well 
he  knew,  that  if  the  Wifdom  and  Calmnefs  of  their  Minds  did  not  balance,  and  over- 
bear their  Paflions,  and  make  them  tenable  againft  Temptation  and  the  fierce  and  too 
often  prevalent  fieges  of  it,  they  would  do  by  their  People,  as  that  General  in  Cedrenut 
wrote  he  would  do,  in  cafe  their  Good  and  his  Will  were  compctitours,  aut 
tnundus  pro  Jmperatore  &C  Either  the  World  JhaU  acknowledg  %fe  an  Emperour,  or  I  mill 
make  mj  felffo,  whether  they  will  or  no.  Or,as  Paul  the  Fourth,  who  was  to  great  a"  Self- 
admirer,  that  he  bluftied  not  to  fay,  that  either  he  would  have  his  Will,  or  he  would 
fet  the  World  on  fire,  and  go  up  in  the  flame  thereof. 
r  But  rather  as  D'Avila  reytefcnxsMounpeur  le  Hofpital  the  French-Chancellour,noi  like 

the  Duke  oiSuife  all  for  Warr,  but  endeavouring  to  compofe,  and  fedate  Differences , 
and  to  reconcile  parties,  though  he  held  the  reproach  of  a  toft  Gown-  Man  forfo  doing; 
and  Henry  the  thirdoi Trance,  '.*.  who  was  wont  to  fay,  that  by  Civil,  inteftine  Wars  Re- 
ligion it  felf,  which  received  its  Nourifhment  from  peace,  was  much  impaired,  and 
G  fo  that,inftead  of  gaining  thofe  Souls  that  were  gone  aftray,  by  violent  means,  they  did 
"  endanger  the  lots  of  thofe,  that  were  moft  Zealous  in  theTruth  :   and  therefore  that  of 
Plutarch  in  ad-  ^e  MoraliuVconcerning  Cafar  is  moft  true,  p»Ar<t  vi<t»v)&,  aw'A  <k»v*p]*,  no  Man,  but 
rerf.  stoicos   "  Cafar,  that  is  in  his  right  Wits,  and  is  overpowred  by  Ambition,  will  come  to  the  Com- 
f.i.5».«if.  Fa.  mon- Wealth  to  difturb  it  for  his  own  Radication,  and  Eftablifhment.  For  ingenuity,  that 
perfwades  a  Man  not  to  better  himfelf  as  chryfippns  did  by  iva  and  <#»,'  by  topfy- 
turvying  all  Men,  and  all  things,  but  keeps  him  in  the  Golden  mean  of  Contentation , 
cfpecially  fuch  a  Jewel  in  the  Mind  of  Princes  muft  needs  exhilarate  all  Men,  chiefly  thofe, 
that  have  had  the  Honour  of  their  Nurture,  and  Tuition,  and  have  been  near  them  in  at- 
tendance, and  affedion  •,    and  fuch  the  ChanceUour  having,  I  conjedure,  been,  alledges 
his gaudeo  upon  the  view  of  fuch  imbibings,  and  fo  pleafing  probable  Fruits  arifing  from  ir. 
Gaudeojerenifime,  &c.  As  the  Prince's  Virtue  gave,  fo  the  ChanceUour' %  love  took,  the 
occafion  of  Joy  at  the  Prince's  proficiency.    Por  though  Joy  be  the  proper  Ad  of  the 
cic.  j.  Tufcul.'    Soul's  exultation  within  it  felf,  G*udcre  fignificat  Tantam  apudfe  voluptatem  fenfire,  ne- 
Ef.  MAALucil.  que  vulgi  proferre  gaudii  notasy  in  regard  whereof  Triumphare,  &  gaude re  is  j'oyned  by 
Eftf.u.  Tully  in  lib.  1 8  9.  ad  Atticum,  and  Seneca  cenfure  him  as  Imprudent,  qui  adventitio  Utus 

eft;  adding  the  reafon,   Exibit  gaudium,  quod  intravit,  &c.    The  foy  that  is  occaftonal 
onely,  and  rifts  from  imperfect"  Virtues,  goes,  as  it  comes,  but  that,  which  flows  from  a  Di- 
vine Soul,  conform  to  God,  is  conflant ,  andfolid,  and  encreafeth  towards  Eternity.  Mihi  cre- 
de,  res  fever  a  eft-  verum  gaudium,  &c.  Believe  me, true  foy  U  aferious  thing:  and  fo  Ep.  27. 
Aliauid  pittas  bonum  manfurum  circumfpice,8ic,  htk.  upon  durable  good,  onely  lafiing  %ey 
is  to  be  attained  by  Virtue,  (oEp.59.  Efi  elatioanimi  fuis  bonis,  viribusque  -fidentis,  and 
Gaudium  hoc  non  nafcitur  nifi  ex  virtutum  confeientia ;  fo  Philo,  whiles  he  calls  Joy  fln. 
l!u.»Zidu,7'n,'  ^m  *°  J»Wli!r0,'>  determines,    Joy  nay  be  in  no  mind,  but  where  grounds  from  Virtue  are , 
u!u"f.'T77*"      taking  to  himfelf,   immortal  delights.    According  to   which,   that  expreffion  of  the 
ub,  oe  ftptenar .  blefTcd  Virgin ,  is  Emphatick,    My  Soul  doth  magnify  the  Lord,  and  my  Spirit  rejoyceth  in 
e  nf.  1172.  gg^  ^  Saviour.  I  fay 


A  Commentary  upon  Fortes  cue.  j 

I  fay,  though  to  rejoyce  be  properly  the  Produft  of  our  own  good,  and  intern  fe-. 
renity,  yet  ha's  it  an  extent  alfo  to  that  good,  which  we  opinionate  to  be  in  any  one, 
and  for  that  are  as  much  deiighred,  as  if  it  were  our  own.  £v.um  ratione  mimus  move-  cic.  4  Tufi, 
tur,  &C.  When  the  Mind  is  moved  by  Reafon,  pleafmgly ,  and  unalterably,  then  is  it  parta- 
ker of  joy.  Hereupon  the  Chancellour  reckoning  upon  the  Prince ,  as  Heir  of  the 
Crown,and  probable  to  be  the  Monarch  of  this  Land,in  whofe  excellent  Endowments, 
every  particular  in  the  Nation,  would  proportionably  to  its  capacity  and  concern,  be 
bleft,  not  onely  excites  others,  but  protefts  himfelf  much  pleafed  with,and  refrefhed  by 
the  hopes  and  aflurances  he  had  of  futurities  blcffing,  in  his  excellent  and  Royal  Incli- 
nation ;  and  this  is  the  caufe  of  his  Gaudeo. 
Videns  quanta  aviditate  ttt  militares  ampleBeris  alius. 

It  fhouldfecm  the  vifible  Application  of  this  Prince  to  Manly  and  Martial  Experi- 
ments had  been  earneftly  look'd  into  by  the  Chancellour  •,  who,  not  like  a  Parafite  of 
the  Court,  or  a  mendicant  at  the  Trencher,  deluded  the  prince  into  a  belief,  that  Vice 
was  Virtue  and  haughtinefs  of  mind  Princely  towardlynefs :  but  like  a  man  of  weight, 
Worth,and  Integrity,  whofe  Conscience  led  him  to  enter  common  with  his  Prince  iri 
hazard,  and  whofe  heart  hoped  God  would  give  hisdead  and  (as  it  were)  buried  right 
a  glorious  Refurr.eftion  in  his  future  Profperity  (which  this  his  Addition  to  Chivalry , 
did  in  a  kind  fore-fpeak  )  annexes  this  videns  quanta, &c.  as  the  Rife  of  his  Gaudeo  fere- 
nijfime  Princeps  de  nobilijjima  indole  tua. 

Videns,  Men  of  Honour  love  the  Warranties  of  Honour,Reafon,  and  Piety  for  their 
applaufes,  not  daring  to  gratifie  Power  and  Greatnefs  to  the  diflervice  of  Truth  and 
fidelity.  He  that  ha's  fo  debauched  a  Soul  to  put  his  prebatum  eft  to  an  uncertainty, 
may,  ere  long,  be  accounted  fit  for  no  Honour  above  a  Knightfhip  of  the  Poft.  But 
he  that  fays  no  more  then  he  fees,  knows,  and  believes,  deferves  the  credit  of  a  faithiul 
Witnefs. 

Quanta  aviditate  militares  tu  amflefteris  alius.  This  is  the  materia  prima,  of  which 
the  Prince's  Virtue,as  it  is  here  by  the  Chancellour  rejoyced  in,  confifteth  i  and  it  di- 
rects us  to  two  obfervables.  Firft,  Princ  if  is  ele£lio,  that  which  the  Prince  chofe  to  be  the 
Companion  of  his  Time,  and  the  Dial,  upon  whkh,by  the  fhadow  and  reflex  of  his  pre- 
fent  irdination,  they  fhould  judge  the  height  of  their  after-hopes  from  him.  And  thofc 
were  no  nugatory  Trifles,no  effeminate  Lubricities, no  childifh  refufe  Trumperies,  but 
1  £reat  and  peculiar  Glories  and  Ornaments  of  Princes,  Militares  alius.  Secondly, 
Prinripis  ergares  tlellas,  he  profecuted  them  fochofen  with  no  indifferent, 
rcaufi,  and  tepid  love,  but  with  a  generous  infatiety,  with  the  keen  appetition  of  im- 
patience, arid  prodigal  intentnefs.  Quanta,  aviditate  militarist*  umph&eris  alius. 
His  choice  was  optimorum ;  for  even  Nature  leflbns  to  this  in  all  the)  Emanations 
of  her  Implants,  no  Creature,  but  by  its  fenfual  propenfion  is  vehiculated  to 
what  it  apprehends  belt  for  its  Confervation  ,  and  ieaft  contrary  to  its  BcingJ 
Yta,  take  away  thofe  impediments  to  choice  (vis  major  &  metus ,  which  Seneca  lh.  i.<feBene- 
fays,  do  ex  neeeflitatc  toller  e  arbitrium)  and  propofe  to  their  fenfe  things,  they  ficI,t- 
(hall  decline  what  they  apprehend  injurious  to  them,  and  accept  what  is  pleafing.  And 
for  men,  they  are  ufually  eftimated  by  their  Company ,  Pleafiires,  and  profeffed 
I  >:gagemen;s.  And  fuch  is  the  rate  of  their  Exchange,  in  the  Reputation  of  men , 
as  their  Judgment  is  either  dignified,  or  depreciated  in  its  choke:  Mefes  loft  himfelf 
almoft  in  the  Peoples  eyes,  for  chufing  a  Zipporah  to  breed  upon  ;  fo  courfe  a  ground 
thty  thought  unmeet  to  draw  a  fair-figur'd  Poiterity  upon  •  efpecially  Princes,  as  they 
are  altioris  molis,  and  are  the  great  Sea-marks,  by  which  Subjects  are  direfted,  are  to 
avoid  indiligence  therein  :  >  eglefts  in  them  are  ominous,and  oftragick  interpretation, 
becaufe  their  Duty  being  »>  Ua^f  •Ztslfav  u>ou£r,  toadorn  their  Charges  by  Aliions  A(h  f  aiU. 
K>ngly  ■,  their  Torpor  is  thebazard  of  their  Government.  cnt.L  p.  t'tu 

Therefore  H-mcr  bringing  in  Agamemnon,  when  he  fays,  All  his  Companions  in 
War  were  full  of  flecp,  and  took  their  1  eft,  finglesout  Him,  as  more  concerned  to 
wake,  becaufe  he  had  l  he  care  and  confervation  of  all  upon  him. 

A>X    vk  ' Krfni'hu  'Ayaut^vom  •mliMV*.  K*.ay  llijd.x.  *.|. 

Ttrf'   '(yt   y\viu{it  w»?>.a  fft#ir  o^^Aiyo\f\a.. 
Cart  kfpt  King  Agamemnon broad  awake, 
No  fit  ep,  his  chargt  in  dange r ,  could  he  take.  j 

ff  Hence 


C  A  Commentary  upon  Fortes  cue. 

Hence  is  it ,  that  all  Princes  have  Characters  according  to  thefe  firft  Draughts  of 
their  Choices,  by  which  they  arc  underflood  to  be  legible  in  all  their  after  Por- 
traitures. Nero,  that  delighted  in  Butchery,  and  in  converfe  with  Mummers  and 
Juglcrs,  was  prefaged  to  be  a  rude  Monfter:  as  was  Trajan,  that  was  pleafcd  onely 
with  worthy  men, and  graceful  manners,  a  virtuous  Prince.  The  choice  then  of  our 
Prince  being  alius  militares,to  inure  himfelf  to  hardftrip,  and  to  accuftome  his  body  to 
toil,ro  fix,  his  mind  againft  feax,and  thence  to  chafe  all  touches  of  tffeminacy  •,  to  pro- 
pound to  himfelf  certain  hazard ,  and  uncertain  Victory  .  by  hope  to  provoke 
Attempts,  and  by  Courage  (with  God's  blefling,  to  force  Succefs  :  this  choice  of  his 
is  the  merit  of  true  Nobility , which  Marius  in  Saluft  exprefTcd  thus./  account  (faid  he) 
/»Jugurth.  Nature  equally  the  Mother  of  all  men,  andthat  the  brave  ft  Spirits  are  in  her  Heraldry 
the  noble  ft,  and  moft  to  be  honoured  :  that  Nobility  began  in  Virtue  •,  and  therefore,  though 
JcanJhewnoStatuesof  my  Triumphing  Anceftry  -,  jet  if  mj  Military  Habiliments 
creditably  managed  by  me ,  and  the  Wounds  received  on  my  Body  for  myCountrey,  might 
be  inftead  of  valour,  and  Anceftry,  then  I  have  wherewithall  to  render  me  n,ble ;  thus 
Marius  ,  and  that  moft  wifely  :  for  Martial  Addictions,  where  manfueted  and  tem- 
pered by  ingenuous  and  civil  Virtues,  fteal  into  the  Mind  informidable  Refolutions, 
and  inftruft,  by  obferving  the  Experiments  of  paft  and  prefent,  men  at  Arms  to  learn 
the  method  of  fighting,  and  the  temper  of  bearing  both  lofs  and  gain,  fince  the  1  flues  of 
War  ,as  all  other  things,  are  in  the  Hands  of  the  Almighty,  who  difpofes  them  as  he 
pleafes  -,  and  often  it  is  feen,  that  as  the  Race  is  not  to  thefwift,  To  not  the  Battle  to  the 
ftreng -,  nor  are  always  men  fortunate,  as  they  well  defign,  and  dexteroufly  manage 
their  Defigns.  Marfhal  Memorancy  was  a  brave  man,  and  commanded  in  chief  the  For- 
ces of  France  many  years  ■,  yet  in  all  his  Enterprififs  became  not  of,  but  either  a  lofer, 
grievoufly  wounded ,  or  a  prifoner:  Notwithstanding  which  fecret  pleafure  of  God, 
the  beft  Prefcript  to  a  Prince's  probable  fecurity  is  Arms.  And  therefore,  though  true 
it  be,that  Seneca  long  fince  writ  to  Nero,  Err  at, ft  quis  exiftimat  tutum  ejfe  regem  ubi 
nihil  a  rege  tutum  tft ,fecuritas  fecuritatt  mutuapacifcendk  eft,  non  opus  eft  inftruere  in  al- 
t>'AviIa/>.  upturn  editas  arces,  nee  in  adfeenfum  arduoscoti.es  emunire,  nee  later  a  montiumabf cinder  e^ 
Uh-  '•  *  Clens-  mult iplici bus  fe  muribns  turibksque  fepire,  falvum  regem  in  aperto  dementia  praftabit, 
unum  eft  inexpugnabile  munimentum  amor  cmww.Though  inftances  there  are  of  theOra- 
tories  of  Princes,  who  by  the  cogencies  of  their  Wit ,  well  and  aptly  uttered,  have 
wrought  Sub  je&s  to  defpife  Death,  to  bring  their  dying  R  ights  to  life  again  -,  making 
them  fo  keen  and  eager  on  fight,  that  they  have  gone  pleafantly  ,and  with  triumph,  to 
try  their  Title  by  Combats.and  fonghten  Fields :  yet  never  did  I  read  of  any,  that  by 
brave  words  won  Field,without  the  fecond  of  brave  A&ion.  For  the  perfonal  Valour 
of  Commanders  makes  Souldiers  of  raw,  and  bold  of  cowardly  men  -,  when  timerous 
and  flying  Leaders  fpirit  their  Foes, and  difcomfit  their  Parties.  And  Princes,  whofe 
defign  it  is,  to  appear  like  C<tfartvi\ih  their  Veni,  vidi,  vici,  and  either  to  lofe  life  or 
obtain  victory  over  their  oppofitions,  in  a  juft  Caufe,  and  notable  Qyarrel ,  relolve 
with  our  King  Hen.  yth.Rather  to  be  left  dead  Carrions  oh  the  cold  Earth,  then  to  btfret 
Hoiing&cd  f.  frifoncrs  in  Ladies  Chambers.  Omitting  no  accomplifhment,  that  Time  and  Affairs 
">i%'  opportune  them  to.  For  that  Prince  ,who  is  not  valiant.will  never  be  accounted  wife, 

fince  Wifdom  confifts  in  obtaining  what  we  affect  ,  and  in  preferving  fuch  beloved  at- 
tainments of  ours,  which  Valour  well  managed,  and  fpritefully  exprefTcd,  chiefly  con- 
ducethto.  ^ 

,  And  therefore  that  Precept  of  Pythagoras,  M>1  y<Lida.i  rZv  tuxmiifut,  not  to  tafte  of 

uh  it  Ednc.      "W*  things  that  have  a  blacky  Tail ,  Plutarch  rightly  underftands  to  be  a  Command  to 
Libtns.  P.  i'i.     avoid  men  of  diflblute  fouls,    and  infamous  lives,    was  very  good,  becaufe  they  taint 
thofe  they  breath  upon,   from  the  corrupted  Lungs  of  their  putrid  Priuciples,and  Pra- 
ftifes.  And  thence  is  it  a  choice  piece  ofWifdom,as  to  chufe  the  beft  and  moft  every  way 
endowed  men,  to  train  up  Princes  in  youth :  of  which  Plato  in  2.  de  Repub.  &  lib.6.  & 
y.delegibus  Arift.  lib.  6.  Politic,  lib.  I.   AgeUius lib.g.  c.  3.  and, according  to  which^ 
SSii"*^  Charles  the  Great  educated  his  Children,  Sons  and  Daughters ,  as  Probms  informs  us . 
and  as  Theodofius  did  Arcadius ,  and  Honorius,  under  Arftnius ;  and  Cpnftantine,  did 
Nicephor  u.  zi.  his  Sons,  Eufeb.  lib.  4.  de  vita  Conftantini  c.  51,52.    And  ,  as  Trajan  was  by  his  Ma- 
&  ut>.  h.  rter  pfatarc^   who  writ  to  him  that  Golden  Book,    De  Liberorum  inftitutione.     And 
Alexander  was  by  Aristotle,  and  all  the  moft  excellent  prefideHts  to  the  World  of  vir- 
tuous 


<•■  a 


A  Commentary  upon  Fortes  cue.  f 

tuous  Majefty  have  been.     I  fay,  as  it  ha's  been  their  Wifdom,  to  chufe  the  choicd  t£ Sduivtilw  in  e- 
men  for  their  Tutors ,   fo  have  thofe  Tutors  been  conducted  to  their  Education,  from  '^  Hoalet" 
the  obfervance  of  their  Natural  Tempers  5  and,  by  both,  animating  them  to  good,  and  etknn*.  ' 
deterring  them  from  evil,  as  they  faw  they  were  more  or  lefs  addicted  to  them  i  efpe- 
cially  when  their  Charges  are  of  fuch  as  Fortius  Cato  was ,  Tarn  acri  ingenio  ut  ipfi  fibi 
fortunam  feciffe  videatur^  &c.  who  was  ofjojharp  a  wit,  that  hefeem'dtocarry  his  good 
fortune  in  his  promptnefs  -,   no  Art  either  publichjtr  private  wanting  in  him,  fo  great  was  sabellicus  lib.  ?, 
his  eloquence  in  Speech,  and  bravo  j  in  AVtion,  that  it  purveyed  for  him  all  his  after  Enn«d'S. 
Glory. In  jhort,fo  rare  was  he  in  all  parts  of  Virtue, that  he  feemed  to  da  every  thing  as  if  hi 
had  been  born  only  to  that  end,&  yet  was  all  he  Vfiijhed  to  be  to  a  matchlejs  perfeftiin  Where 
fuch  Princes  are,they  muft  be  tended  fpecially  that  their  Veftal  fire  extinguifh  not,that 
they  turn  not  to  Serpents  hiffing,  which  marrs  the  delight  of  their  Virtues  harmony. 
Their  Minds  muft  be  kept  ever  ftirring,  that  through  inoccupancy  of  Virtue  they  con- 
ftagnat  not  Vice,which  being  habituated  to  men  is  not  eafily  rooted  out  of  them.Here- 
upon  theWifdom  of  thefeArchitefts  is  to  raife  aRoof  of  Action  upon  the  Foundation  of 
fober  Virtue  ■,  to  keep  the  Mind  within  bounds,and  to  fpend  its  volatility  on  Corporal 
Exercifes,  which  are  of  virile  invention  and  performance.     For  the  Tutors  and  Dire- 
dors  of  Princes  Educations,  after  they  have  feafoned  their  Charges  with  Letters,  and 
fecured  their  Breedings  and  younger  years  from  the  Cenfuresof  llliteratenefs,  prompt 
them  to  Corporal  ffscercifes,  and  athletary  Activities  ,  fuch  as  are  skill  in  handling  the 
weapon,  for  defence  of  their  perfons(a  very  great  ornament  and  fecurity  to  any  man  of 
power  and  honour  to  excel  in)  not  that  he  ftiall  need  either  to  proveke,or  be  provoked 
the  more  by  it :  for  his  Paffjon  ha's  no  ftimulation  thereby,  nor  will  his  Skill  betray  him 
to  Pride  over  others,becaufe  true  Science  abhors  Boaft,but  rather  keeps  it  felf  latent  a- 
gainft  a  time  of  need,  and  proves  a  Referve  to  his  fecurity  againft  fecret  Attempts,  and 
talfeTreacheries,which  feldom  are  acted  upon  Princes  of  fpint,andCorporaI  Manlynefs. 
Next  to  this,Tutors  prefent  to  Princes  riding  of  the  great  Horfe,  and  the  right  ma^ 
naging  of  them  in  all  the  parts  and  punctilio's  of  Cavalry  ■,  then  they  allow  Jufts,  Bar- 
riers, Tournaments,Tiltings,    or  fuch  other  Manly  Recreations,  as  are  fafhionable  to 
greatnefi  in  the  age  of  their  life  and  breeding.    And  they  at  laft  allow  them  to  try  the 
proof  of  all  thefe  preparatory  Inductions  by  Field- fervice  ■,  that  is, fuch  v$nture,as  may 
difplay  boldnefs,and  bravery ;  but  be  as  little  in  the  Eye  and  Road  of  Danger  as  may 
be:  their  Defign  being  not  to  end,but  to  enamel  his  life  with  all  thofe  emboflings,whicn 
illuftrate  the  Fame,and  aggrandith  the  Military  Virtue  of  arifing  Majefty.    For  wont- 
ednefs,and  affufcency  to  any  thing  connaturalizes  it,which  Pythagoras  gave  us  long  ago 
the  rule  of,7£\K  Him  lit  «?/srV,  hJW  /i  *t/7»r  *i>»h3m*  mivwi.    To  chufe  the  beft  way  of  .  tatchuS  tik  ^ 
life  and  cufiom,Will  make  it  delightful  to  us.    The  experience  of  which,  even  in  Military  ,xm,,  p,  6«fe 
Affairs,  rules  the  practife  of  great  Commanders    ( not  ordinarily  to  draw  raw  Souldi- 
ers,  and  frefh  men  into  prefent  fervice  ,    but  to  put  them  into  Garifons  to  be  trained, 
and  their  beft  men  to  draw  out,    that  their  Novices,  by  the  fport  that  now  and  then 
they  have,    may  be  gradually  perfected  in  the  Habit  of  couragious  Boldnefs.    Thofe 
alius  Militaris  then  that  our  Prince  here  do's  embrace,  may  be  thought  thofe  onetyj 
that  are  the  Recreations  and  expreffions  of  their  fpirits  in  times  of  Peace.     And  to 
thefe  he  is  faid  to  be  notably  addicted,  and  afeclienately  atled.     As  well  he  chofe,  fo  to 
his  choice  does  he  refolutely  adhere  -,    and  this  difplays  both  Judgment  and  Conftancy, 
A  good  Choice,and  a  grave  Mind,  not  to  waver,  in,    or  be  cold  to  it  i  Levity  is  one 
of  the  Alloys  and  exuberances  ofYouth,   and  that  which  ha's  fo  greata  party  in  thofe 
early  Flowers  •,  that  though  they  fmell  fweet,and  come  timely ,yet  they  are  foon  gone. 
And  therefore,the  Prince  young  and  wife,in  age  probable  to  chufe  and  chufe  again;  yet 
fixed  to  Us  firit  worthy  Cnoice.defcrves  well  the  praife  of  his  Tutor  while  he  lives  -,  as 
did  fuch  another  Babe  of  Grace  and  Greatnefs,  fames  the  Son  to  the  King  of  Scots;  of 
whom  Erafmus  gives  us  almoft  an  incredible  accompt,  concluding,  Satis  demum  delori  Adae-  cuutl  . 
noftro,  fatis  difcipuli  memoria  ,  deferve  of  him.     For  the  Prince  here  is  commended  i,mi{'i  *,s 
not  onely  ample ffi,which  argues  endearedncfs,but  magna  aviditate  ;  for  fo  the  Quanta 
imports  i  'tis  a  Note  of  Magnitude  and  Hyperbolicifm.    Aviditas  argues  fuch  a  love* 
OS  obctcates,  a  uon  videndo  propter  nimiam  cupiditatem,  faith  Feftus,  a  kind  of  Fury,  that 
carries  a  man  in  a  Whirl-wind,    Sicut  amens  qui  mentemfuam  non  bahet :     Such  an  in-  £*■».*  Fimb«s. 
fatiety.as  is  in  Nature's  Hunger,and  Womens  longing  :  fuch  as  Tully  reports  o(Catoi 
Erat emm,utfcisJn  eo  inixhaufta  aviditas  legendi  necfatiari poterat :  and,  in  Pliny,  no- 

I  z  ^     thing' 


8 


(it.  I. 

Ytri  htni  *vi  f  ' 

us  r»u  tft.lcact 


l.Dt  Orttm 
It*. 


7(0  SylU. 


flutttch.ui 
Gryllf.  981. 
Zdii.Ttrtf. 


fitHUntium 
liLldintm,  (».v«. 
rUm,  avnnttm, 


A  Commentary  upon  Fortescue. 

thing  is  more  frequent  then  aviditas  diripiendi  lib.  n.c.  1 4.  Aviditas  ad  allauem  fa- 
c icndttnt,  lib.  1 7.  r.  1 8.  Aviditas  adciboj,  lib.  20.  f.  16.  Aviditas  faminaruns ,  /ȣ. 
20.  f.  2T.  Yea,  Tullie's  infinita  aviditas  gloria  ,  and  his  aviditate  infiammatus , 
which  he  mentions,  />'£.  2.  *jpr.  c.  54.  All  thefe;  and  fuch  like  expreffions  in  Authours, 
makes  the  Charicellour's  Character  of  the  Prince  bv  this  Quanta  aviditas, 10  be  impor- 
tunate and  implacable,  like  that  of  Cato,  who  confefled,  Gr<tcas  liter*?  finex  didici,8cc. 
I  learned  Gttek  in  my  old  age,  And  rras fo  eager  after  it,  as  if  J  Jhould  never  be  fatisfitd 
with  any  attainment  beneath  the  perfection  of  it. 

There  was  much  then  of  freenefs  and  irritation  in  the  defire  of  the  Prince  towards 
Arms  •,  fo  that  his  Mind  all  on  fire  with  love  to,  and  valuation  of  it,  teftified  itfelf,  by 
halting  to,  and  embracing  the  Theory,  as  inlet  to  the  praclife  of  it.  Lor  fo  ampletti  figni- 
fleshere.  And  not  onely  cognofc  e  re  &  int  ellige  re,  buivthementer  am  are  -,  {oTrllj, 
Nee  quod  jus  civili  (Craffc)  tarn  vehementer  es  amftexns  :  fo  in  Saltifi.  Jmferator  emnes 
fere  res  off  eras  per  Jugurtham  agerein  amicis  habere  magis  magistj;  turn  indies  ampletti. 
So  Tully,  Tanto  amore  fttas  poffejponcs  amplexi  tenebant,ut  ab  his  ixen.br a  divelli  citi- 
tts  ac  diftrahi  peffe  dicer  es. 

So  that  all  the  refult  from  this  of  the  Chancellour  in  portraying  the  prince  to  be 
Martial,  will  amount  to  this,  that  ufe  and  cuftom  made  it  not  onely  afftfted  by,  but 
connatural  to  him  :  fo  that  as  Ariftides  could  fooner  not  be,  then,  not  be  j'uft,  fcrihi 
Salem  e  toelo,  &c.  Sooner  the  Sun  could  be  difplacedtht  Firmament, then  Ariftides  be  re- 
moved from  hit  integrity.     So  our  Prince  could  as  foon  deny  his  Stomach  food,  or  his 
Eyepleafure,  as  his  delight  Martial  Exercife.     And  hence  was  it,  that  as  tofhewhis 
forwardnefs,  aviditas  &  amplecterii  is  aflerted ;  fo  to  evidence  him  more  led  by  fenfe 
and  paffion,  then  reafon  and  fpeculation,  this  delight  of  his  is  rendered  by  Militares 
actus.     For  Youth  is  more  pleafed  with  Corporal  Travcr fes,then  Mental  Agitations ; 
thofe  are  introduced,  when  the  Senfes  exterior  are  glutted  ,  and  the  wild  Oats  are 
fowed,  as  we  fay  ■,  but  Bodily  Feats, as  they  are  in  Youth  moft  feafonable  and  fragrant, 
fo  are  they  moft  delighted  to  cxprefs  them,  becaufe  Senfe  pleafes  it  felf  in  its  perfefteft 
model,and  vivid'ft  Reprefentation,  which  is  that  of  the  Body  in  Youth,  when  the  Sails 
of  the  Skin  are  filled,and  the  Veins  reaking  hot  with  lively  blood,  and  the  Joynts  undti- 
oufly  motive  with  metaled  Youth,  and  the  Spirits  energically  diffufive,  when  the 
Circulation  is  uninterrupted,  and  the  Violets  fcent  in  the  Breath,  the  Rofcs  colour  in 
the  Cheek,and  on  the  Lip,  the  Lilies  whitenefs  on  the  skin,   when  the  Plufhy  Mantle 
on  the  Head,  and  the  fucculent  Moyfture  of  the  Bones,  roufcupto  agility,  and  per- 
form creditably  their  undertakings.    Then,  then,  are  men  chiefly  delighted  in,  and 
carried  to  actus  militares.  Yea,  wenistheiropreffionofCuftomemore  durable  when 
it's  fixed  on  Nature's  marble  and  adamant,  which  was  the  reafon  that  Solomon  advifes, 
to  teach  a  Child  in  the  Trade  of  his  Youth,  that  he  nsaj  not  depart  from  it  in  Age ;  it  be- 
ing not  often  feeri  that  vertuous  Youths  degenerate  into  vie  ious  Old-  ages.  Hence  con- 
fidering  the  Chancellour  prefents  the  Prince  as  fo  earlily  generous,  and  fo  towardly 
inclined  in  his  firft  Dawning  as  it  were.     I  cannot  but  greatly  admire  him,  and  believe 
the  Chancellour  by  thefe  Reprefentations  of  him  was  much  a  Votary  to  him.    For, 
fince  there  is  nothing  amiable  in  Man,  but  Virtue,  becaufe  that  has  abundant  remains 
of  the  image  God,  and  the  primeve  Sculpture  of  omnipotence,  fo  without  that  is  there 
nothing  lefs  eftimable  then  he  in  his  degradation.   And  this  was  the  fenfe  of  David. 
Afan  in  honour  abode  not ,  but  became  as  the  Beafi  that  perijhed  ■,    yea,     the   Heathen 
Agamemnon  when  by  the  Sycionian  he  was  prefented  with  the  famous   Mare  zAZtha, 
on  purpofe  that  he  might  be  excufed  from  War,  accepted  her  *e/j»  fiv>\*oitt*ve< ,  &c. 
Thinking  a  brave  fpirited  Beafi  more  valuable  then  a  bafefpirited  Man.  And  hereupon, 
when  Princes  in  their  afcents  to  Manhood,  choofe  honeft  dclights,and  honourable  loves 
they  are  highly  te  be  blazoned  for  remarkable,  and  almoft  Non-fuchess,  the  tenden- 
cies of  youthiy  greatnefs,  being  moftly  to  lubricity  and  effeminatenefs  -,  the  triflings  of 
time,  the  debaucheries  of  Minds,  the  enervations  of  Strength,the  neglects  of  Affairs, 
both  of  Peace  and  War  ,  thefe  are  too  otten  the  Infelicities,  and  Shipwracks  of  Princes 
as  well  as  meaner  men.    Thus  was  Edward  die  fifth  of  this  Land  made  unhappy  by 
fond  delight. 

And  it  Youth  abftain  here,  there  is  another  fn;  re  that  is  apt  to  be  caught  by  •  defire 
of  gain,  though  by  indirect  means }  and  fatisfaftion  of  anger,  though  by  opprelfion  and 

blood  t 


/Commentary  upon  Fortescue. 


9 


blood.  The  Duke  ofGuife,  to  maintain  his  party  with  pay,  feifed  on  Church- Chalices,  ^<&«"»>/«', 
and  coyned  them.  *  Henry  the  Third  of  Franc e ,  when  he  had  caufed  the  Duke  of  G nipt  £j££XT 
~.o  be  murthered,  came  in  all  hafte  to  the  Queen-Mother  to  tell  her,  He  hadmade  him*  fmtmii,  iw 
fdfKittg  (-/France,  now  he  had  {lain  the  King  of  Paris  :    but  (he  rcplyed,  Touhave  made  ^™oneU«°.«i 
theDukeofGuiktebeflain,   God  grant  you  he  not  new  made  King  of  nothing.     Yea,  fo   D'Avif"/ 7X " 
long  as  Adam  Gordon,    Huntley'%  Deputy  in  the  Northof  Scotland,  ftands  on  Record  sp°tP*ood'» 
for  abufing  the  Queen's  Authority,  in  revenging  his  Family  on  the  Forks's  Family,  fjj£'**v 
their  Antagonists,  one  hundred  and  twenty  feven  of  whom  h'e  flew,  and  twenty  feven 
burn'd  alive  in  F avoj-houk  -  there  will  never  want  an  horrid  inftance  of  the  danger  of 
power  in  a  vitious  mind.    Give  me  a  Prince  like  Malcolm  the  Third,King  of  Scotland, 
who  can  defie  a  Confpirator,  and  bravely  challenge  him  ;   yea,  upon  his  found  repent- 
ance heartily  forgive  him. Such  Princes  England  ha's  moftly  had,  now  ha's  to  a  miracle 
beyond  compare,  and  I  hope  ever  will  have  fuch,who  have  been,are,and  will  be  nobly 
couragious,but  not  bloody  ;  God  and  the  King  may,  and  dofhtw  mere)  from  their  own  in- 
nate efential  Clemency]b at  they  are  ajfliilive  to  men  not  without  the  aidof  others, whom  they 
confult  Voith  •  when  they  fend  their  Thunder-  Bolts,  and  are  by  their  Councellours  often  fo   senen  Natural. 
allayed,  that  their  anger  proves  favour,  faith  Seneca.     £l*iafovem,  id  eft,  Regempro-   £«*/?.  lib.  x. 
defte  ttiam  folum  oportet  ,&c.    Such  Magnanimity,  fuch  virtuous  loftinefs  of  mind,  will  ?•***• 
keep  all  Maggots  of  corrofion  and  putrefaction  off,admit  no  fuggeftions  of  Vice  to  Fa- 
miliarity and  Audience,  but  abhor  the  promoters  and  folicitations  to  them,  as  valiant 
Griffon  did.who  beingCaptain  ofH.  j^s.Guard^nd  commanded  by  him  to  kill  theDuke 
of  Guife,  honeftly  and  religioufly  reply  ed,Sir,I  am  really  your  Majefiie's  mofi  humble  D,Avila- 1-  ?+i- 
and  devtted  Servant, but  I  make  profejjion  to  be  a  Souldier,and  a  Cavalier.      If  you  pleafe 
to  command  me  u  challenge  the  Dukj  of  Gmk,and  fight  with  him  hand  to  hand,  lam  ready 
at  this  inftant  to  lay  down  mj  life  for  your  fervice  :  but  that  1 fhould  ferve  for  an  Execu- 
tioner Jbtforc  yottr  Majefiie's  fufiice  commands  him  to  die,    is  a  thing  j nits  n:t  With  one  of 
my  condition  ;  nor  will  J  ever  do  it  Vohilft  I  live  :  thus  he.     So  dangerous  a  thing  it  is  to 
give  way  to  any  evil,that,a  battery  and  breach  being  once  made  upon  Integrity,  all  the 
refidue  and  remain  of  Virtue  is  in  peril. 

Well  may  the  Prince  then  here  be  a  perfon  of  wonder ,and  of  the  Chancellour's  love,, 
who  gives  up  himfelf  to  fuch  innocent  and  graceful  Recreations ,as  are  purejy  Princely, 
and  become  him  as  peculiarly  fuch :  for  fo  it  follows,  Qonvcnit  namqne  tibite  taliter 
deleilari. 

Convenit  namtjue  tibi  te  taliter  deleilari. 
This  is  added,  to  carry  the  Prince's  praife  to  its  true  merit ;  'twas  not  onely  a  good, 
but  a  graceful  choice,  that  he  made,proportionable  to  his  quality,  and  Ration  ;  his  de- 
lights were  not  like  the   'A/aw'/®-  *»*i«,  thofe  Gardens  of  the  Poets  fiftion,  altoge-   Ceot.i.  ehil.  u 
ther  vain  and  profitlefs  ,    intjuibsu  femina,Scc.  in  which  feeds »/"  virtue  wiH  no  better    Adag.j*. 
thrive,    then  feeds  of  plant  <  firewed  up  and  do^on  in    an  earthen  pot -,  as  Erafmus  his 
words  are,  no  fuch  delights  did  the  Prince  fix  upon  •.  for  then  that  might  be  faid  of  him, 
which  was  faid  of  Calvifius  Sabinus  in  Seneca,    Nunqu'am  vidi  hominem  beatum  inde- 
cent ins.  Never  did  J  fee  a  man  lefs  become  his  happy  condition  then  Sabinus  did.     The      fy  *7- 
Prince ,like  him,  would  have  been  great  and  rich  •  but  in  his  demeanour  not  admirable, 
no  nor  imi table,  as  neither  was  he^  yea,  had  the  Prince  fo  declined  and  inconfidered 
himfelf,  that  might  have  been  faid  to  himintheafcer-timeofhislife,  which  Seneci 
wt  ices  to  his  friend,   Numera  annos  tuos,  &  pudebit  eadem  vclle,  qua  volueras  puer  ea-    Btitm  <««.  EP« 
demparare  :  Conftder  thy  years, and  you  wiH  be  afbamed  when  a  man,whatye  loved  and  glo-   x1' 
ried  in,when  a  child.  But  when  he  culls  out  to  his  eftcem  fuch  Recreations  as  are  princely 
and  vinle,well  may  he  be  applauded  with  a  £onvenit. 

Indeed  delights  are  common  to  all  Creatures,  and  the  chief  external  good  both  of 
their  defire  and  endeavour  -,    and  when  the  objeft  of  them  is  adequate  and  regular, 
whenitha's  no  inconformity  tothe  Agcnt,tbat  acb  to.andisa&edby  them,  alliswcll,   vnitmA  mjMmk 
and  like  to  be  fortunate  with  us.      For  fince  there  is  a  kind  ofDcity  in  the  addiction,  p*daS>i»m  dan 
and  genius ,  and  the  naturality  of  mens  propenfions  do  moftly  prefage  their  excellency,   fr4iZ'ZmT/idm 
and  preoccupy  their  conquelt  of  the  difficulties  they  encounter  with,  according  to  that   hmt  mfcim 
of. Heraclitui,  "£*»?  dvSpm**  Jkim*,  and  according  to  that,  which  Ammian  MarcelU-    ™'**  """JjJ, 
nus  makes  good  in  all  famous  perfons.who  have  been  excited  to  do  what  they  worthily   ™,ai  auoe 
did.by  it, hb. 21.  p.  594.  It  conduces  much  to  a  good  ifTue,  that  we  mifmatch  not  our   PiebeDeoj. 
genius,  by  any  bale  confon,  or  plebeian  Mate  of  convcrfe  and  intentnefs.  Ale  men  in  Seaee- Et'ua- 

C  Plutarch 


io  A  Commentary  upon  Fortescue. 

i-ibro  Dtftrm-  Plutarch  tells  us,  For  tune  is  the  Sifter  'd»o!xia<,vrHSti< ,  &,  *fopiM3ti*( ,  of  good  educd- 
tttm—nm.  tion,  great  perfwajicn,  and  rxatl  providence, and  circumfpttlion.  Hence  do  the  current 
of  Authoursered  the  genius  and  duds  of  men,  as  Mints  and  Forges  of  their  Fortunes, 
Tiiuv«riinum  good  or  bad.  The  Comcedian  ha's  it,  Sapiens  ipfe  ftbi  facia  fortunam  -,  and  Portixt 
mo*  Cato  is  by  Livj  S/tbt II ic us, and  Bndaus  made  one,     Qui  quocun^ut  loco  natus,  &c.  who 

would  m«k?  every  Countrey  his  ,  and  every  condition  he  was  fit  for  come  to  him  ,    and 
force  their  seurte/ie  upon  him.     Indeed  it  is  not  always  the  reward  of  Virtue  tofuc- 
ceed  ;  the  lines  of  worthy  men  do  not  always  fall  to  them  in  fair  places,  nor  .have  they 
u  Panegyr.       always  goodly  heritages :  yet  P4f«in'i/i  ftands  to  it,  Sua  cuieiue  prude  ntia  Deus  ■,     and 
•  Erafmus  ha's  collected  fundry  inftances  to  confirm  it :     and  moftly  we  fee,  that  men 
are  happy  or  mifei  able,  as  their  minds  are  narrow  or  great,  adive  or  fupine,  induftri- 
hk  Trin»fs  j»,  0us  or  negligent,  prudent  or  temerarious :    yea,  in  Princes  and  great  men,  there  is  no 
bT^tfiiTntt-  choice  fo  noble,  as  that  of  couragious  virtue,tnat  draws  forth  the  mind  to  bounty,  beni- 
4rm«   tnummt  gnicy,and  a  through  clofure  with  every  overture  of  well-doing  ■,  nor  is  it  pofiible  nar- 
c*M/k,^ia,as':'  row  thoughts  fhould  cohabke  where  true  valour  is.    V  en  of  honour,  who  look  upon 
f.Ht.Tsirem  '  thcmfelvesas  born  and  bred  for  publique  good,  are  acted  by  principles  of  fuavity  and 
qiitmpatr,*      munificence  ,  confulting  no  accumulation  to  themfelves  but  fame ,    no  pradiceon 
$m"d«1L'fii  men  but  that  of  Jufticc  and  Obligement;  their  delights  are  to  be  Patrons  of  Virtue,and 
«/"« fufatm  Store- houfes  of  munificence.    This  the  Duke  of  Gutfe  made  good  to  his  enemy,  the 
Vm'TSsim*      Prince  oiConde  ■,  for  having  taken  him  at  Blainville,  he  fo  glonoufly  treated  him,  that 
\am?nfiZ!i.    they  both  fupped  at  Table  together  that  night,     and  after  lay  together  in  the  fame 
£*v»pft  >u»     bed.     So  did  Charles  the  Fifth  Emperour  do  by  Francis  the  firft  of  France ,  He  r  fart's 
j£T/«.!dein  "   fflft.  H.  8.,   Yea,  it  is  againft  the  hair,  nay  againft  their  nature,  for  them  to  be  forced 
otherwife,  though  by  r«afon  of  State,  or  ncceffity  of  affairs.     Henrj  fVardlow,  Lord 
Mjt  Scotland.     Bifhop  of  St.  Andrews,  had  fo  noble  a  nature,  that  he  thought  no  coft  too  great  for  a 
brave  wrrk-,  one  day  the  Major  Domus  complained  of  the  great  number  of  comers, 
who  expected,  and  had  entertainment  at  his  houfe,    defiring  him  for  the  eafe  of  all  hit 
fervants,t©  make  a  bill  of  houfhold,that  they  might  know  who  were  to  be  ferved.     He 
condefcended  ,  and  when  his  Secretary  was  called  to  fet  down  the  names  of  the  hou- 
fhold, being  asked  whom  he  would  firft  name,  ar.fwered,  Angus  and  Fife,  two  large 
Counties.     The  Secretary  from  this  underftood  his  pleafure,  atfd  defifted.     All  this  I 
ihftance  in,  to  fhew  that  what  men  chufe  as  their  delights,  arc  fo  commenfurate  to  the 
additions  of  their  fouls,that  the  one  is  difcernable  by  the  other.    Our  Prince  then  by 
chufing  militares  actus,  as  the  fubjed  of  his  embraces,  may  very  fitly  be  faluted  with  a 
Convenit  tibi,  Princeps ,  taliter  deleSari.Yor  he,  in  thus  doing,  anfwered  all,  that  could 
b'eexpeded  from  him,  ratione  fama,  familia,  fertuna,  potentia,  all  which  were  either 
hopelefs,  or  hopeful,  as  he  proceeded  to  the  improvement  of  this  choice.    For  if  the 
Prince  fit  ftill,andcry  Leo  in  W*, fearing  to  hazard  his  perfon  to  gain  his  right,  he  both 
contemns  his  Government,  and  animates  Rebellion,  upon  hope  ofnodifturbancefor 
recovering  it-.and  the  infamy  of  fuch  pufillanimity, being  a  Hell  on  earth,tnakcs  a  brave 
mind  kindle,  and  engage  to  recuperate,  which  if  God  pleafes  not  to  permit,  yet  he  dies 
with  the  fame  of  an  honeft  valour,  and  a  juft  refen  tment  of  his  injured  eftate,   and  fells 
the  Fine  and  Recovery  againft  him  at  the  deareft  rate,  refohation  enraged,  and  defire 
doubly  edg'd,can  part  with  it  at. 
b'^tviu  ?.tj7.      Famous  Mcmerancj  in  Anno  1576,  fighting  againft  the  Hugonots  Army,  was  bo!d- 
Jy  charged  by  Robert  Steward,  Momerancy  asked  Steward,  whether  he  knew  him,  or 
not  ?  Yes,  quoth  Steward,  I  do  ■,  and  becaufc  I  do,  I  prefent  thee  with  this,  and  fhoc 
him  in  the  fhoulder,  fo  that  he  fell ,  but  as  he  was  falling,  he  threw  his  Sword,  the  blade 
whereof  he  ftill  held  in  his  hand,though  broken,  with  fuch  a  violence  at  Steward's  face, 
and  then  he  was  near  eighty  years  old,that  he  beat  out  three  of  Steward's  Teeth,  brake 
his  Jaw- bone,and  laid  him  by  him  on  the  ground  for  dead  ■,  which  fhews,  that  men  do 
fell  their  ruines,  as  dear  as  love  and  rage  can  make  them  to  their  R  timers. 
Ncdum  quia  Miles  cs,  fed  quia  Rex  futurus. 
This  is  added,  iofhew,that  Titles  imploy  cares  of  correfponding  to  them  in  adioas 
of  congruity.    Magnos  magna  decent .  This  Alexander  underftanding  from  his  Matter 
Ariftotle,  or  his  Mother-Cm'** ,  replyed  to  one  that  asked  him,  if  he  would  run  at  the 
Oljmpic\ejGames  :  Do  any  Kings  run  there  ?  implying,    that  men  muft  do  onely  tho/e 
Adions,  that  are  femblableto  Ihcmfelves,  the  Adors.  Of  this  Nehemiah  had  a  fenfe, 
when  he  refolved  againft  flight  io  tbofe  words  •,  Shall  fuch  a  man  as  J  fiy  f    And  thij 

that 


^Commentary  upon  Fortescue.  it 

that  Empsrour  remembred,  when  he  rouzed  himfelf  up  again!!:  forrow  for  his  diftreftj 
with  chd'c  words,  Nondecet  Impsratorem  mori  flentem.  And  to  this  the  Chancel  - 
lour  here  is  che  Prince's  Remembrancer,  that  as  he  well  chofe,  fo  he  (hould  fix  upon 
grounds  oi"  Congruity  and  Keafon,  as  he  was  both  a  Knight  in  prefent,  and  a  King  in 
pofiibility. 

Miles  es,  3  T  his  is  not  expreffive  of  his  profeffion  and  addiftion#but  in  a  more  prefs 
(Vn  e  relates  to  his  particular  dignity  and  degree.For  ufual  it  was  with  Princes  afore, &in 
f/.o.time,  to  create,by  dubbing  their  Sons  Knights  at  the  Baptiftery,or  in  their  Cradle, 
or  when  they  were  able  to  go.Peihaps  our  Prince  might  not  be  fo  early  a  Knight,  but 
one  created  either  when  he  grew  fifteen  years,or  before.Whenfoever  he  was  Knighted, 
is  not  much  material ;  that  fuch  he  was,  is  without  doubt  •,  and  that  fuch  he  deferved  to 
be,  according  to  the  additions  of  his  manly  mind,  is  plain  from  our  Chancellour's 
words,  which  I  take  to  be  not  pompous  in  courtiery  ,but  real,  according  to  the  latitude, 
and  very  truth  of  its  Hiftory,    and  accomplifhment  in  him,  Rexfuturus.    This  is  the 
other  Argument  on  the  behalfof  Martial  Afts,as  our  Princes  choice.  He  was  born  the 
Heir  of  a  Crown,  and  had  Tide  to  Regality,  when  God  fhould  diffeife  his  Father  of 
Regality  by  death  ■  till  when,  the  Prince  was  but  a  Subjeft :  for  the  Law  abhors  depri-  KM  . 
vation, or  resignation,  upon  any  pretenfe  whatfoever,   Allegiance  being  indifpenfable,  nuitiln^nu"^. 
and  determining  do  how  but  by  death.    Now  the  Prince  being  by  Inheritance,  if  he  ******  **t*«m 
(hould  fumve  his  Facher,a  King,  this  Rex  futures  is  proper,  as  to  that  probability  and  ^'i'^TZ 
the  regality  of  a  Title  ■,  but  it  had  another  fenfe  alfo  from  our  Chancellour  :    it  is  as  it  UmUMt,q„Amq; 
were  a  Prophecy  of  Loyalty,concerning  the  ruine  of  Ufurpation,  and  the  Introduction  ^wii,*" 
of  H.  6.  the  rightful  Lord,  or  at  leafl  of  him  the  Prince  (now  his  Father  is  dead)  King,  mimnmt*giim 
Rex  future  is  indeed  the  voice  of  Lsjalty,  but  it  ha.' s  An  affociated  per  Adventure  ibecaufe  *""■  f4™'*" 
what  we  arc  is  before,  what  we  fhall  be  behind  the  Curtain  of  Providence  myfterious  1ml J*™™?* 
to  us.     '  Twas  bravely  faid  of  our  Text-Mafter,  but  he  (good  man )  reckon'd  without  F?  *i»»>»jiv 
his  Hoft,  and  was  not  a  Prophet  in  the  upfhot:  yet  this  he  did,  to  keep  up  the  prince's  ZfeZZ,.m''fHb, 
foirit,  to  harden  him  agiinlt  defpondency ,to  rivet  on  him  magnanimity,  which  eredts  a  mgimqiu 


mi 


Kingdom  of  content  in  the  very  quarters  of  Croffes.     This,  I  believe,  he  did ,  to  leffon  '"'*'■  "d  ''" 
him,  that  power  loft  by  Battle,  is  by  Battle  to  be  regained  ;    that  Princes  fighting  ftre-  yw,»j  in^km 
nuoufly  are  probable  bravely  to  fucceed  ■,  that  diligence  makes  thofe  fortunate,  whom  •»««»■«■  senee.,. 
d.ffolutencis  reduces  to  want,and,  what's  worfe,  contempt  ■,  that  if  there  were  no  other  ^f  DSoBenc  " 
Argument  to  Courage,  this  were  enough,  that  Princes  are  impatient  to  be  the  Vaffals 
and  Tennis-Balis  of  Fortune,  and  that  their  probableft  Refcue  and  Rcftitution  is  from 
Pvefolution. 

Rfgis  nempe  officiant  eft  pugnAre  btlU  ynpulifnij&  cos  rtttijpme  judicare. 
In  this  Claufe  the  office  of  Rule,both  as  to  War  and  Peace,  is  fet  down  ■  and  this  che 
Chancellour  appropriates  to  Kings,  as  the  meeteft  perfons  to  carry  on  both  good  Of- 
fices. This  was  primitively  familiftiejue,  all  power  being  vcfted  by  God  in  the  Heads 
of  Families,  over  thofe  that  were  theirs  by  Generation,  Emption,  Compact,  or  Con- 
ductor. And  as  the  power  of  life  and  death  ,  which  was  Civil  Judicial  power,  was  in 
them  ;  fo  alfo  was  the  Military  and  Bellatory  power  in  them  alfo  ^  for,  if  they  were  to 
rule  their  Family,they  were  alfo  to  proteft  their  Rule  from  inroads  upon,  and  injuries 
to  it.Thus  did  Abraham,vcry  foon  after  the  World's  peopling,  arm  his  menial  fervants, 
to  propel  danger  from  them,and  redeem  his  captive  Nephew,  Gen.xiv.  14. 

After  when  power  was  more  publique,and  increafe  of  people  dwelling  together  called 
for  a  Magiftrate-  the  Sword,  both  to  repel  evil,  and  compel  to  good,was  lodged  in  him 
as  well  by  the  determination  ofGod.  as  the  confent  of  the  people.  This  did  Mofes 
fofln,ih,and  the  Judges  execute,and  after  them  the  Kings,  God  having  written  this  Sa- 
fiense  on  man's  nature ;  according  to  which,  generally,  all  Nations,  and  unions  of  men 
in  all  places,  and  atall  times,  affentedto  thepofitionofpowerinoneor  few,  for  the 
good  of  their  refpedive  Combinations.     And,  if  the  Holy  Writ  had  been  filent  in  this,  .,    ■ 

there  had  been  good  authority  for  its  practice  ,  merely  upon  the  rules  of  civil  conve-  ^"r4Zs°  m"s" 
nience.andfocialneceflity,  which  is  anoriginall.aw,  and  paramountry  takes  place,  as  ■?»»«>,  9««i»?« 
having  its  warrant  in  its  weighr,importance,and  utility  5  nor  could  it  be  doubted,  but  £'«"'  *)*>  jH 
the  general  compliance  of  the  rational  nature  with  it  would  have  filenced  all  pretenfi-  mt  "7Jfi?Hm'/&' 
ons  to  douk  about  it.  But  St.  Paul,  from  the  Spirit  of  God,  ha's  partly  afferted  Ma-  ****$»  «**» 
giftracy  thus  accommodated,as  our  Chancellour  defenbes  it.  The  Magiftrate  bears  not  "^Z'i  m"«' 
the  Smrd  in  V4/'»,that  excludes  power  from  being  made  a  Cypher.     //  then  doeft  well, 

C  2  thai 


A  Commentary  upon  Fortes  cue. 

thujhalt  have  praife  j  if  evil,  fear  the  ftmtr  i  that  is,  the  authority  of  God,  in  the  truft 
of  man,   is  for  promotion  of  Juftice  ,   both  in  animation  of  good  ,   and  repulfe  of 

evil. 

Under  which  head,  War,  as  occafionally  neceffary,  is  not  onely  lawful,  but  ufeful ; 
and  that  without  which,  Juftice  cannot  be  propagated ;  face  Wars  are  undertaken  noc 
Dl,m«f*(i>fi   wifely,  nor  properly  as  choices,  but  as  fuch  exigents,  without  which  peace  and  juftice 
'"1uZ»^"*rmd  cannoc'  De  accomplifhed,   or  en  joyed:     fo  trueisthatofPir/fmu  Martianus,  who, 
tgn'nus' «  vim  though  a  Creature  of  bufele,and  one  made  by  battle,yet  when  become  great  and  grave, 
,)»>(.  $75.  <*«■  declared  it  his  Maxim,  Let  its  not  live  War,  while  we  can  leave  in  I'eace.  And  therefore, 
AlHuSpanunw,  if  a  Governour  will  prove  himfelfan  Adrian,  Itafe  Rempublicam  gffiurum,utfciretp»- 
f  in.  edit,  syib!  tHu  rem  tffe,  non  propriam;  if  he  will  (hew  himfelf  untreacherous.by  being  jealous  ofhis 
%"!Z  p™U"  ncceffary  power ,hemuft  apply  himfelf  pugnare  be/la  populifui,  if  ever  he  intend  eos  re~ 
Mid,,  difnm,      Qiffmc  judicare.    For  as  the  Empire  of  God  is  not  fubmitted  to,  but  rat  tone  potentin  & 
puMmwuttfl.  .  formifau  vinditla  in  rebclles  ;  fo  will  not  humane  Governments  be  fubjefted  to  in  their 
Vbj?nJ.tC"n*>.  moderate,  legal,  and  uninjurious  Commands,  without  punifhraent  by  the  edge  of  the 
seneeaw.  i.De  fword  upon  Recufants.     Hence  was  it,    that  as  the  ftwst  in  times  of  peace,  pu- 
ciem.  tdfinw.    jyj^gj  Enormities  with  death,  reftitution,  retaliation,   according  to  the  divers  nature 
of  them,    fo  did  they  impede  the  great  neighbouring  evils  of  encroachment  on  them  ■, 
which  Nations  bordering  on  them  were  ready  ever  to  attempt,  by  diverfion,"and  ma- 
king their  Countrey  the  feat  of  War.    Upon  which  they  were  led  by  their  Kings,  and 
Leaders  ,who  were  fepthahs  for  valour,  Sauls  for  ftature,  Davids  for  activity,  chofen 
men,  whom  their  people  followed  readily,  flood  to  manfully,  brought  off  viftorioufly, 
there  being  a  natural  love  and  loyalty  in  all  people  to  men  of  honefty  and  valour,  as 
appears  in  many  inftances,  but  chiefly  in  that  of  the  people  to  Jonathan ,  and  after  to 
>>»,»,  mfiatiu    David  ;   yea,  and  of  later  times  to  Nieephorus  Boloniates ,  who  thruft  Michaei  Ducat 
Tmcipii  tmidi-  from  the  Empire ;  and,  Ignatius  fays,  had  reception  by  the  people,  as  a  reproach  to  Ducas 

Z$£uL»  MsCovardife. 

us  «•  vita  ,jm         Hence  came  it  to  pais    that  the  Nations  looked  upon  no  virtue  fo  peculiarly  and  di- 

M*u  redly  in  the  Kings,  as  Chivalry.    Plutarch  tells  us,  the  Egyptians  chofe  their  Kings  U 

oGride  p.  js4.     ™v  itfur,n  wv  (uf£(u*v,  either  from  their  Priefis,  or  from  their  Warriours  •,  and  he  adds 

tdii.  Patif.  the  reafon,  T«  yiv  <h'  *  *rJ>i<*r,  t»  Ji  <ho  mpitty,  y.nt  *£i'«(**  >£  vw  k  *«^r7«,as  thinking 

/^i?"  **'  *°"  thof*  owh  Worth]  to  rule,  who  were  famous  either  for  Valour ,  or  Learning.  And  Xenophon 

writes,  that  the  Greelej  were  like  minded ,  T?  Ji  /8<wia«V  ir$t<MHv  in'oymnv  i  p*/i«f- 

yia.9,  £>*•  >&K»Kg.yei$t*.v.    So  well  advifed  was  Agefi  law, thzi  he  judged  ftrenuity  pro- 

ii^j.Memersb.        cor  KingS>     So  Agamemnon  is  commended  by  that  Authour  from  a  Poem  of  him 

here  quoted.and  approved,  '  App67{#r,  $&ft\£(  r   aynSU-,  K&flt(if  r  a<^//.rra«,  He  was 

both  great  to  fight ,    And  wife  to  rule  aright. Yd,  he  brings  in  Cjrm,  juftifying  himfelf  to 

be  a  good  Governour,  from  that  valour  he  expreffed  againftthe  Nations  enemies , 

'\i%e)v  wr««  nitv  /mi  tfbKti  Ttt  toJ'J*  *.\>}li  <Ji>7<*t  xsBfj7Jfit;tu ,    as  if  it  had  become  himfcur- 

vily  to  fear,  and  not  rather  to  fight  them  as  he  gallantly  did.    And  Clyttbultu  is  brought 

in  by  him,   declaring,  that  the  Per  fan  Kings  did,  and  they  ought  ever  to  divide  their 

»»  Adminilhat.  tjmc^  j^y^'a,  7t  ^  Tfo  mhi/xiKi*  Tvxyw,    between  War  and"  Husbandry ;    and  where 

l™' Hift.  g)x-  ever  this  diftribucion  of  Kingly  Office  is  not,  he  terms  it,  kukUm  /W<AfI*r,  an  imperfctb 

c*p.  4»«.  Government.  The  Remans  alfo  eyed  much  Valour  and  Military  Prowefs  in  their  Kings, 

puni"pnnc'p»w'    Confuls,  Emperours.and  Captains  ■  therefore  they  chofe  two  yearly  Confuls,  and  pur- 

c  ii.  pofely  difpofed  one  to  the  care  of  Martial ;  the  other,to  the  civil  jufticing  between  man 

K.omaniy«»^r     an(j  maniyea  .though  they  were  a  Nation  fledg'd  by  War,and  were  made  up  of  flagrant 

ma ,  can*  »■««-  and  combultible  F.lements,yet  were  tney  molt  jult  in  their  pacts,  and  inviolably  zealous 

ma'"U'^nrtm,  ^0I  indemnification  of  Allies  -  nor  did  they  ever  take  a  provocation  fo  lightly  ,as  to  pro. 

^li'd""imptm!m"  ceed  to  revenge  it  on  their  Provokers,  and  right  themfclves  againft  their  provocation : 

luut  vdu  jufii.  but,  upon  fullain  and  furly  perfiftencies  in  contumacy,  and  refolves  ofinjury,  memores 

tin  aurelnrJeU        .<-!•/•      I'     ■  (1    *•  J  i  •>■  i      •    •  • 

i»f.p»/«m.Ro.      tatjoeaerticum  ptnu  nonjtatimaa  arma  procurrunt ,dum  prtus  more  legittmo  quart  ma- 
manuitM4/>;«J*i/.  /unt,(d\thfornandes. 

s  ma*  GDeewm       ^  ^cel*»  w^cn  ^e^  c^0^e  ErnPerours»  an(^  Chiefs,  they  looked  upon  the  warlikJft  t)f 
plzHlit.  "    "  men, and  him  they  fubjedted  to,  and  followed  ■,  yea,  the  Laws  of  all  Governments,  as 
*f's  'it  *4*'  '    °f tne  Empire,  Trance,  Spain,  Denmark^,  and  this  Empire  of  Great  Britain,  do  there- 
fore call  Wars  the  (a)  King's  Wars,  Coyn  (b)  the  King's  Coyn,the  Navy  (c)  the  Kings 

«.;.  II  £.|  .(.  74   H.  4.  t.i|.»  E.t.  t.  4  &  5-  F.M.t.i  (b)zs  *.t.«.*.lt.  J  H.7.  c.  6.     $  £.«.c.is>.  10//.  i.e.  ij.  fc^ji  f/i^.c.4. 

Shipping, 


A  Commentary  wpetf  Fortescue.  13 

Shipping,    the  Torts  (,d)  the  King's  ftrong  Holds  and  Caftles,   the  Laws  (e)  the  King's  ^  *t*  *  *lS- 

Laws ;.  the  Sub  jefts,  the  King's  Subjects  ;  the  Courts,,  the  King's  Courts  •  becaufe  by  £1, .(« ;2Yj£;» 

thefe  the  Kings  arc  enabled  to  defend  themfelves,and  their  Governments,  and  that  by 

Wars,    to  fupprefs  Rebellion,   ordiverc  Invaiion.    And  the  truftsofGodandMen, 

vetted  in  the  King  to  thefe  publique  Bencficencies,  have,  do,, and  will  ever  produce  to 

their  Truftees,  glory,  riches,  and  ferenity.  Thefe  exhalations  are  returned  in  golden, 

filver,  and  milky  (howres  -,  the  Via  lattea  of  Majefty.    Cafari  tjuoque  ipft,  cui  omnia  li-  Seneca.n  Con- 

cent, propter  hoc  ipfum  multa  non  licenf.omnium  domos  iUius  vigilia  defendit, omnium  otium  £0' ■  *?  rolyb' 

Mius  labor ,  omnium  delicias  Wins  induftria,  omnium  vacatienem  Mitts  tccupatio.      Now  if 

the  Office  of  Kings  be  to  war  for  peace,  and  fecurity  j  where,  without  it,  they  are  not 

purchafable,or  poffible  to  be  kept  .then  the  means  of  effacing  thefe  are,  de  debito,  the 

King's.  Every  end  fuppofes  a  means.     If  the  King  be  to  do,   he  is  to  have  wherewith  to 

do  :  he  is  clfe  but  ttgatum  mancipium.    Therefore  our  Laws  do  own  and  recognize 

the  Seigniory  of  .he  King,  to  defend  force  of  Arms,  and  all  other  force,    agalnftthe  ^"3j*™  j* 

peace,  whenfoever  it  {hall  pleafe  him.     So  declare  the  Peers  and  Commons,in  full  and  "JZ^aTc'C- 

tree  Parliament,    7  Ed\\>.  the  Firft.     Not  thereby  to  out  themfelves  of  all  fub  je&  -like  »«».  &  L*K*um 

Cbunfel  to  their  Kings,  in  cafes  ofWar,  to  be  entred  upon:  for,  in  thofe  Cafes,  our  ZT&J"'t- 

King>  have  chofcn  to  take  their  advifes,  before  their  own  perfonal  ones :    but  the  Law  um  gudmm,  qui 

wasfo,  and  fo  then  declared,  to  enable  the  Crown  to  do  its  proper  office,  in  cafe  of  f'(™4^' 

emergencies,  either  of  Rebellion,  or  Invafion  j  and  were  they  bound  to  wait  the  Con-  fit'tlTcZijki. 

ventionofCounfels,  tedious  often  before,  and  in  their  Meetings,  Remedies  would  be  fii"dit-%Ai- 

iropbfl5ble,and  Villaniesunhinderably  fuccefsful. 

•fer»  medic  ma  paratur\ 


Cum  mala  ptr  longas  convaluere  moras. 

This  is  the  rather  to  be  touched  upon,  becaufe  it  was  once  an  old  fore,  and  through 
the  putrefaction  of  this  hath  made  a  many  years  confufion,  and  given  being  to  a  Level- 
ling Monfter,  and  a  Hydra- headed  Antique,    which  deferves  to  be  caution'd  againft  in 
the  legal;  Aflertions  of  the  Truth  in  this  CaufeFor  the  King  being  caput  regni  &  legum7 
all  direction,  protection,  judgment  of  difcretion,  and  feverity  is  in  him;,  and  as  the 
Law  fays,  Nihil  poteft  Rex,<\uam  cjuoddc  jure  poteft  •,  fo  is  it  a  juft  Rule  (faving  incom- 
municable abfolutenefs  )  ^uidejuid  fovijd  Rtgi  licet,  that  is,  as  unaccountable  to  the 
coercive  power  ofSubjefts  are  Kings,    as  God  himfelf  ^  the  Deputy  :  as  his  Principal, 
though  thitoi  Seneca  be  alfo  true,   Ad  Re ge spot eft as  omnium  pertinet,  ad  fingulas  pro-  ^7DeBent„ 
prietat.    Yea,  were  not  Kings  exempt  from  thefe  Shackles  of  Iron,  and  bate  Metal,  fie. 
what  glorious  Nothings,  and  glittering  Cyphers  would  they  be  ?  What  pitiful  Merce- 
naries would  infolcnce,  and   Plehe tan  encroachment  reduce  them  to  :  like  that  Tar. 
tartan  Prince,they  would  truckle  under  the  Usurpations  of  their  V.aHals,  and  be  guilty 
of  that  eafinefs  which  is  irregal.  Quod  ad  Religionem  att'wet ,  de  qua  inter  vos  difputari 
/"udio,  vefter  Ptntifcx  mens  Pontifexerat-  vtfter  Lutherus,  me  us  Luthcrus.     So  abhor-  lahoK.  Diftmf. 
red  a  degradation  of  Majefty,  that  no  generous  fpirit  would  take  fuch  an  unkingly  FoVitlc-?'  »'• 
Kmpfh.p.  . 

TheLaw  thenin  the  Chancellour's  words,   Pugmrc  beHa  populijui,  ha's  this  Inter- 
pretation, That  the  King  is  by  Office  to  fight  the  Battles  of  his  People  ■,  that  is,  by  his 
people  to  battle,for  the  adjunct  of  propriety,  ha'shere  but  a  fenfe  of  miniftry,  not  cau- 
fality  ■  that  is,  'tis  not  to  fight  the  Wars  of  his  people ,  as  they  are  Warranters  of,  and 
Regents  in  it  ■,  but  of  his  people,as  they  are  thofe  Instruments  he  fights  by,  and  fights 
for,  iince  the  end  ofWar  is  Peace,  as  it  follows,  Et  eos  reclijftme  judicare.     This  the 
Chancellowr  adds,  to  fhew  the  amiable,  as.beforebehad  the  terrible  Check  of  Maje- 
fty.   So  wifely  ha's  God  provided  for  Order,and  the  tuition  of  the  Magistrate's  power, 
that  between  Force  and  Law  it  fhould  be  intemerate.     Force  fupports  Law,  and  Law 
moderates  Force  •  were  it  not  for  punifhments,  we  fhould  be  Ravi/Hacks  to  one  ano- 
ther. Homo  hemini  lupus -,  and  were  it  not  for  Laws,  Property  would  be  determined  by 
Might,and  lame  and  helplefs  ,d/e/>/?  .;M>«/w  be  popped  off  with  nothing  ,  though  they 
are  the  rightful  Heirs ,   and  ought  to  be  the  real  Poffeflburs  of  their  Rights.  So  that 
Laws  are  the  Rules  and  Monitors  of  Kings.concerning  their  duties  toGod,in  their  de- 
meanours to  men.     Tis  true  indeed, Parent  habere  non  debet  Rex,  nee  multbf artist  tfu- 

D  «  perierem 


,4  A  Commentary  upon  Fortes  cue. 

teriorem  injufiitia  exhibenda,  ut  dtcatur  de  to,  Magnus  Hominut  ncfter,  (fr  magna  vir- 
tus ejus.  That  Fleta  aflerts,  as  the  King's  undoubted  right  :  but  thcnhefubjoyns, 
Licit  omnes  potent  ia  praccMet,cor  tamcn  ipfius  in  manu  Dei  ejfe  debet  ,  tfrnc  petentiafu* 
maneat  irrefranata,  franum  apponat  temper  antiaj&  lora  moderantia,  ne  trahutur  ad  in- 
jurUm  qui  nihil  aJiud  pttefi  in  terra,  quam  quod  de  jure  potcft.  So  Fleta,  lib.  I. 
' ' hetrtfuUt.'  c.ij.        * 

In  pir  it-  I  know  that  great  is  the  indulgence  of  God  to  Kings,  and  vaft  Prerogatives  ha's  he 
Stfu-rn  8«»-  vcfted  them  wiih.  And  to  Kings,  as  the  flower  of  men,  hath  he  given  rational  princi- 
7«f®-  J\  »  pics  of  Sapiencic,  to  immare  and  proteft  his  Donaries  to  them,  and  Kings  would  be  ac- 
&wk£<.  ceflTary  to  their  own,  and  their  Subjects  woes  ,  if  they  fhould  not  employ  to  their 
crlfpinw  *fud  prcfervacions  (in  all  worthy  and  wife  latitudes )  fuch  Intrufts,  and  Commiffions,  by 
«!'p""  *-Ser     Go<* an<^ Laws  de,cgatcd  to  them.   But  yet  F leta's  counfel  is  from  the  unerring  mouth 

and  mind  of  Truth,  Temperent  igitur  Reges  potentiam  fuam  per  le- 
N»Him  i»m  rm:  *u  d^mtMiu  tmigwh*i>  rem^  9Utt  franum  eft  potentia,  quod  fecundum  leges  livant -,  quia 
Cftl£^^£?^  hocfanxit  Ux  humana,  quid  leges  funm  ligent  latorem  :*  alibi  digna 
tttune  amri  ifftrmm  emmtdmm  frcdu-  vox  ex  May  ft  ate  regnantts  eft ,  Lt gibus  alligatum  fe  printiptm 
cdmm  *d  /"«/«•/;««».  Modeftinus.lib.J.      proHtcri.       SO  he  locoprtc. 

^°    """'  It  is  [edition  in  Subjells,    to  iifpute  Vebat  a  King  may  do  in  the 

King  J*me,-t  Speech  at  wh«<.H4ll,ii°f.  hcighthofhis  ptwer,  but  jufi  Kings  mil  ever  be  willing  to  dec/are 
P-  s>r.  of  his  Works  in  F»l.  yehat  the j  will  do  if they  will  not  incur  the  curfe  of  God.    J  will  not 

be  content^  that  my  power  be  difpnted upon  :  but  IJball  ever  be  wil- 
ling to  make  the  reafon  appear  of  all  mj  doings  ,  and  rule  my  actions  according  to  my 
Laws. 
Princes  then  muft  not  be  remits  and  negligent,  but  vigilant  and  diftributive  of  their 
btwm-  ^  power  to  their  Subje&s ■,  that's  judicare,  the  ad  of  Majefty,by  example  of,  and  authori- 
KK¥  J\  k,  ^  ty  from  q0(j  The  Lordfitteth  in  the  Congregation  of  the  mighty ,  he  judgeth  amongfi  the 
JiatuHt  -mtr  ^^  And  thii  impartment  of  their  power,  they  muft  make  fecundum  jtu  &  aquum,& 
WK  t»»(  v*  the  Lawg  0f  their  Government  direftsand  advifes0and  that's  re&ifime  eosjndicare.  For 
*"' ,  *\mt  though  Laws  may  be  hard  and  unpleafing,  yet,wbilc  they  remain  Laws,  the  people  are 
Ji<g.K»  ly  rh~  to^j^iej  ^ )M<i  thc  Prince  is  neither  cruel,norunjuft,inexafting  obedience  to,  nor 
Dio'o«n«  Pr. »"  correding  contumacy  againft  them.  Though  his  goodnefs  and  confeience,  indif- 
rt»gor.  w  sto-  charge'of  his  place  and  power  alfo  it  be,  to  caufe  their  emendation  and  correction  ( if 
Damn  serm.  ♦*.£,<.[,  tney  be  )  with  all  poffiblc  fpeed ,  and  to  proceed  with  all  imaginable  zeal  to  the 
Qxfiripu,  deliverance  of  the  people  from  the  burthen  and  influence  of  their  rigour  on  them  :  fo 
■qmmvh  <Ur*.c{i  wifely  fpake  King  fames  of  happy  memory.  If  any.  Law  or  Statute  be  not  convenient , 
*T  PauliG«r44  '"  **  be  amended  by  Parliament  -,  but  in  the  mean  time,  term  it  not  a  Grievance  :  for  to 
hb.  5.  *d  edit,  be  grieved  with  the  Law,  is  to  be  grieved  with  the  King,who  is  [worn  to  be  the  Patron  and 
StJm '"       ^aintainer  thereof 

King  j  w?  And  thus  all  gracious  and  beloved  Kings  have  ever  done,  ruling  not  by  Luf^butXawj 
speech  at  wbiti  not  by  abfolute  power  ,  but  by  legal  adminiftrations :  and  this  will  properly  call  him, 
pnV.  of°his  that  (o  does  a  King. 'O/twifjS  w'gj!r»cc7B  i<tu7?,&c.  Tyrants  feek_  their  own  good,  Kings 
Works  in  fit.  the  vood  and  benefit  of  their  Subjects,  faith  the  Philofopher  •  and  lib.  $.De  Repub.  after 
.  he  Ka's  fpoken  much  of  Kings,  as  Keepers  of  thofe  Rights,  which  Nature  ha's  annexed 
ins  cii.c.  10.  to  men,and  made  them  Detendersof,  he  concludes,  'fir/  11 ««'(  TO^criwc,  &c.  that 
?-«J»*  (  is,  The  Tyrant's  end  is  benefit  to  himfelf,  to  fmkjhefweet,  and  eat  the  fat  of  Subjetls  ; 
K<a  rfyflJiir-  but  the  King's  care  is  toprofit  and  better  his  Subjects,  by  example  and  precepts  of  virtue, 
■nti  Ji  mt/]t(,  feeing  they  do  things  honeft,and  of  good  report.  And  that  this  is  the  fecond  pillar  of  Go- 
ir«l4f'<  <tV  vernment,  and  that  which  Kings  are  to  look  after,  having  by  the  Sword  procured 
•nit  at  fiA.")/-  peace  ;  if  otherwife  it  was  not  attainable,  is  plain  from  the  joynt  confent  of  all  good 
ro«  in,  Authours,  and  Authorities  of  Scripture,  Reafon,  and  Practice  ■,  as  learned  Hopperstt, 
DcnE%hc0I'cJrt  and  P*'*"*  O"  Plat0's  Politicks,  ha's  notably  obferved. 

uin»  unicc ,  De      I  know  there  are  fome  Parafitique  Wits,  that  forge  Arguments,  to  the  fubverfion  of 

^rum*!"*^  "  'e§a'  Boundaries,as  never  made  by  God  for  Princes,  nor  reafonably  to  be  commended 

politic'  to  their  praftifei  yea,  thatharmlefs,and,asl  believe,  it  was  intcnded.and  is  by  Wife-* 

Mr" 'I f"'Z°    wen  expounded,  Rule  of  the  Civilians,  f%uod  Principi  plaeuit  Legis  habet vigor  em ,  they 

en  apply  to  the  liberty  ofthc  King's  WiH,to  do  what  he  will  with  the  lives,  fortunes,  and 

liberties  of  the  people  under  them  ■,  a  Device  to  blowup  the  very  Root  of  Kingfhip, 

God's  bleffing  on  it,loveof  Subjects  under  it,   and  the  content  of  that  continual  Feair, 

which 


A  Commentary  upon  Fortes  cue.  i$ 

which  a  good  Confcience  makes  to  its  Poffcflbur  in  all  the  viciflitudes,  and  varieties  of 
life.  For  Kings  being  but  men,  and  fo  under  the  Law  of  mutability  and  mifery,  do 
need  how  great  foever  they  be,  the  prayers,  fidelities,  and  afiiftanccs,  both  by  purfe, 
and  pcrfon.of  their  Subjeds,  as  often  as  their  legal  and  necefTary  needs  (hull  call  for 
there^nd  if  they  that  are  to  pay  and  fer  ve,  love  not  their  Lord,they  will  part  with  their 
money  but  flowly,  perhaps  after  the  feafonbepaft,  and  ferve  him  but  coldly,  him  in 
fhew,  and  his  Antagomft  in  truth  :  'tis  love,alas  1  mixed  with  fear, both  fubtilly ,  and  yet 
innocently  blinded  in  the  gubernative  activity  of  power,  that  makes  Kings  fecureand 
beloved.  Take  away  thele  kind  entercourfes  in  this  politique  Marriage  between 
King  and  People,  and  all  the  Visdiapafon  ceafes ,  and  the  harmony  becomes  difcon- 

cented. 

Indeed, the  pleafure  of  Kings  is,  in  a  fober  fenfe,the  Law ;  becaufe  Kings  pleafe  to  do 
nothing  but  Juftice,  the  juft  Counlels  of  God  being  with  them,  qui  Kings,  and  they 
knowing,  that  they  are  accountable  to  God,  for  the  ryot  of  the  man,  againft  the  King, 
in  them,  ought/o  to  demean  themfelves  to  their  Subject's ,at  God  dees 

to  the  World,  becaufe  God  ha' s  made  their  Subjects  to  them,    as  the     Rexeftyi^n  'i^-^t.    Forne- 
W or  Id  it  to  him  ;  that  is,  fince  God  has  made  them  Lords,  not  to  be     rius  ad  tegem,  244.  lib.    D» 
difputed  with,  but  by  prayers  and  tears,  by  patience  and  refigna-     Verb,    fignif.    fag.   526. 
tion,  they  fhould  carry  as  even  and  jult  an  hand  towards  them,     'a(  Qtiiimii  Ko<r/My,   £*«*<& 
in  providence  for  their  good,  in  compaffion  to  their  wants  and     mn0tht^»t  mKlf  mV  xiffur, 
weaknefles,  in  tendernefc  of  their  freedoms  and  fecuruies,in  defires    /8*»ia«£j  *»7i  fobv.  Diotogenes 
to  deferve  their  fabmiflions  and  loyalties  -,  as  God  does ,  whofe     Pythagor.    apud   Stobaeum  , 
mercy  is,  in  this  fenfe,  over  all  his  works,  and  who  accounts  feve-     Serm.  3  3  9. 
rity  his  ftrange  work.     And  as  God  can  do  no  injuftice ,   becaufe     a«  th  $*****,  pvn(M  i£ny,  Ut 
be  is  effentiaily  juft,  and  all  Juftice  is  originally  in  him,  and  what  is    S»sp»w@-    «iV  \%t<a*i    *K«r.v 
in  us,  is  but  by  derivation  from  him  ;  fo  Ki-ngs  are  to  do  nothing     ioiSrtov,    ho.  wfooi^ou  •  j^a* 
unjuft,  becaufe  not  onelyfo  far  as  they  do  it,  they  are  inconform  to    pfe  $  stU^dr,  Ji  JvSfwxUn 
God,  but  for  that  they  are  refponfible  for  what  they  do  to  God,    ;<.?»**'•    Philippus  Rex  apud 
whofe  reftitude  they  ought  to  imitate,    favcant  igiturfibiRcges    Hcrodotum,  lib.  3.  Pythagor. 
&  Radices,  ne  conquerentes  repeUant,  velpcrverfe  judicent,  ob  quod 

in  judicium  jufti  Dticorruant,  ubi  judex  terribiliter  difcretus,    &     Lib.  i.e.  17.  Art.  10. 'A«>*j 
intolerabiliterjeverm,  immoderate  offenfus,  &  vehtmenter  iratus,     i»^tm{i^av  r*t  "/A**  *jtf£  x) 
cujxt  fententia  immutabilu,  career  irrcmcabilu,  tormenta  fine  fine,     jb»t"  dv}ird^ioKelv*Sj^-n  i^yjnv, 
faith  Fleta  notably.  And  while  Kings  remember  this.and  bring  their     Scc.ldem  loco  prac. 
dignities  in  credit  by  their  virtues,   not  rtfting  more  on  their  I'oVeer 
to  coerce, then  on  their  Juftice  to  invite  their  people  to  their  admiration  and  imitation.   Hor- 
tenfian  Laws ,  that  tranflate  power  from  people  to  them,  reftraining  all  from  ufing  it 
befides  thcmfelves,are  no  injury,but  advantages  to  the  people ;   the  wifdom  of  Kingly    .     ue,  ibAUx, 
Counfelbeit  knowing  how  to  manage  dexteroufly,  and  to  purpofes  of  Sovereignty  ,  4"a?cx. '/#.«. 
fuch  entrufts :  No,  nor  truly  are  fuch  devolvings  greater  advantages  to  Kings,  then'**- 
to  render  them  more  capable  to  make  their  people  happy,  by  their  more  affectionate 
and  watchful  eye  over  them  for  their  good  ,  nor  is  all  the  honour  and  fupport  that 
love  and  loyalty  in  Subjects  to  their  prince  can  exprefs,    more  then  the  bare  return  of 
their  Regal  merir,who  watch,  and  cark,  and  care,   that  they  may  be  quiet  and  orderly 
under  him,in  order  to  God, the  Sovereign  of  him  and  them  :  which  makes  me  conclude 
Allegiance  and  Fidelity  a  moft  religious  and  reafonable  fervice  of  God,  through   the 
Perfon  and  Government  of  the  King  ■,    who,   whatever  he  be,  we  ought  to  obey  for  G~*'n''  ^' 
Confcience  fake,  with  gratitude  to  God's  mercy,  whenaD4v*W,  zada  Solomon-,  and7 
with  patience  under  God's  pleafure.if  otherwife :  confidering,that  as  well  evil  men,  as 
good  in  Kingfhip,  are  to  be  obeyed  •,  becaufe  obedience  is  due  to  the  Office,  and  to  the 
Perfon  in  it,by  reafon  of  both  the  Perfon  th  the  Office,and  the  Office  in  the  Perfon,and 
that  infeparably,  and  without  diftin&ion.  Yea  ,  if  Kings  fhould  be  milled  by  ill  Coun- 
sels, and  do  the  thing,that  is  not  right  in  the  fight  of  God,  and  in  the  fenfe  of  the  Law, 
becaufe  God  is  the  onely  Judge  of  their  aftions,and  the  Law's  Head  is  the  King:  Chri- 
ftian  Subjefts  have  no  refuge  to  fly  to,  but  Obedience,  and  Prayer  to  God,  to  turn  his 
heart.    Thej  muft  not  eurfe  the  Prince  m  their  thoughts ,  nor  calumniate  him  in  their 
mrds.    For  as  the  former  is  Blafphemy  and  Sacrilege,  fo  the  latter  is  defperate  Trea- 

fons 


\6  A  Commentary  upon  Fortescue. 

fon  ;  the  Road  to  damnable  and  deteftable  Rebellion.     Tor  fince  God  never  made  any 

other  Judge  of  Kings  but  himfelf,  pretention  to  reduce  their  Eccentricity,  by  being  in- 

folcHC  againft  them.is  in  Gods.and  the  Laws  account,but  plaufible  enmity  and  intention 

to  ifubvertthem :   the  good  King,  our  late  Lord  Charles  the  Firft, 

sen«a.£f.  t».  5««»  vntrtitnm  pr*ce.    j  (ULng^nn  ,  found  it  fo.    Never  were  more  Proteftations  oflovc 

5K^*5Rnn&    and  loyalty  worded    then  fome  of  his  £^-rnen  made  to  him , 

p»x,r»*t,fi  cmfMiemvuU,,  <mt7r*tnem    who  yet  brought  him  to  the  curled  culiody  and  power  of  tliofe, 

imbm.mn,*  b,»*hA»*ri[.u,f«um.  m    wnx)  impioufly,and  to  the  eternal  dishonour  of  God.  and  the  Laws 

difilum,  caput  ad  *ftri*m,  [cnnnctitm.  -  '  f  '  ,  ...  ,  ,, *  ■ 

j&trgifiAiiauZcitoatmMrumfH.  of  Nature  and  Nations,  murthered  him,  whom  all  goodmenyc- 

o-  Ltimm  fipitmtm .  &  secratem  ««■  neratc  for  a  Martyr.    Power  then  being  the  Ordinance  of  God 

SS^jTSE^H?  and  refiding divinely  jn the  Perfon  and  Officeof the  King  ,  Allegi! 

*mi  HtvntM;  vrnmr.   tr  u«i»>  *»m  ance  and  Duty,  in  all  the  latitude  of  them ,    are  by  all  manner  of 

mtm,/imptr  ^rj..      .  .  ,  _  ,  rights  due  to  the  King.  And  as  nothing  can  make  it  ceafe  to  be  due 

7  Rcp.Calv.h  s  Caie.  to  thc  Kin^  it  bdng  f^^^  in  tne Law 0f  Nature,  and  due  by 

it  to  the  King  •,  who,  though  he  may  die  in  perfon,  yet  lives  in  fuc- 
Rtx  nnnauam  ntoritur  Reg.  ceflion  and office.thcre  being  no  Interregnary  Chafm  in  England  j 
Juris.  Zsyu*  <tx*t  £  Ji&iot  fo  can  no  juft  exprefiion  of  it  be  denyed,  without  fin  againft  God] 
K+Awt.  Adag.  89.  Chil.  2.  andinjufticetohis  Vice-gerent,  who  ha's  power  of  his  Body,  as 
Cent.  7.  Head  thereof,  and  ought  to  have  homage  from  it,    as  the  vital 

influence  of  the  whole  ,  and  every  particular  in  it;  which  I 
thought  good  to  write  of  here ,  to  teftine  my  abhorrence  of  thofe  Levelling  Mon- 
fter  Anarchique  Principles  ■,  which,  infatuating  this  Nation  of  late,   produced  fo  unna- 
tural, and  tragical  effects  «f  War,  Difloyalty,  and  Irreligion  amongftus:  in  which 
while,fome  loyal-refolved,and  knowing  fub  jedts,afTerted  their  duty.and  totlieir  eternal 
honour,  fuffered  more,  or  lefi  forit :  more  credulous  beguiled,  and 
jfo>«i»v pirfintnm  «  dignitMum  proper'     mifConducted  ones,   either  wholly  forgot  it  ^    or,  in  regard  offhe 
^*  ±££3  XS:  U     F^ffures  upon  them,did  not  fo  vigoroufly  exprefs  itas  they  ought, 
neca,  De  Benef.  c  it.  which  fince  God,  I  hope,    and  the  King,  I  dare  fay,  ha's  in  the 

majority,  and  well-meaningoefs  of  the  feduced  people  forgiven 

I  onely  remember  here  as  a  Caution  againft  Relapfe ;  humbly  befecching  God,  that 

both  King  and  People  may  live  in  unity  and  godly  love,  "That  as  all  good  Kings  in  their 

Government  muft  imitate  God,  and  his  Chrifi,  in  being  jufl  and  righteous,  David  and  So. 

1  lomon  in  being  godly  and  wife    (they  are  wife  King  fames  his  words )  as  they  prefer  their 

People's  good  beyond  their  own  quiet  and  plea fure,  as  Philo  lays. 
Speech,  1616.  pag.  551.  Kings,  (hepherds  of  their  people,  do;  fo  all  good  people  muft,  and 
Ttw1<t  w  &T7j><MV)<*  *»if*4i>**  are  onely  good,  when  they  do  obferve  the  Rule  of  Religion,  Give 
iri».Philo,/i£.  Dc  Agricultura,  honour  to  whom  honour,  fear  to  Vthomfear,  tribute  to  whom  tribute  is 
pag.  193.  due-,  that  is,  to  the  King,  and  to  all  in  Authority,  under  him,  and 

to  evidence  to  the  World,  that  while  others  live  befides,  they  live 
n*W  ZhdufMAf  *,  «fl£«6><  according  to  the  rule  of  Chriftian,  and  Englijb  fubjedtion.  And 
eaf*iK.nf  tiilit,  Ztcu  J*«  t3c  mrbv.  this,on  both  fides  obfcrved,will  caftiier  all  jealoufie-  for  while  both 
Juftinus  Mart.  Epift.  adZe-  rcfpeftively,  rule  and  obey  according  to  the  Laws  of  this  Realm, 
num,8i.  Siren,  p.  590.  edit.  Syl-  the  people  will  live  orderly,  and  in  peace,  and  the  King  will  be 
burg.  able pugnare  bellapopuli fui,&  eos  re&ifsimi  judicare. 

Vt  primo  Regum  capite  ollavo  Clariffmt  tu  ducerU. 
Here  the  Chancellour  produces  to  the  Prince  a  Scripture-inftance,    in  the  great  ex- 
ample of  the  wifeftof  men  and  Kings,  Solomon ;  who  being  intruded  by  God  how,  as 
well  as  authorized  where  to  rule,   is  the  beft  pattern  for  a  Prince's  practice  in  his  regal 
demeanour.     And  that  Solomon  here  mentioned  (for  the  eighthof  thefecond  of  Kings 
wholly  treats  of  him  )  is  not  a  perfon  lefs  matchlefs,  then  is  generally  and  truly  prefu- 
see  the  mod     medofhim.     'Twill  not  be  amifs  to  confider,  what  in  him  may  be  moft  eminent,  molt 
learned  Bifhup   conviftive  of  our  Belief,  ofhisfupremacy  above  other  men,  either  of "his,  or  after'times. 
of  w.rctficr'i      a  ni  though  comparifons  are  odious,,  and  vulgarly,  we  fay,  there  is  no  one  man  fo  ac- 
h,nJ"n<la»0set-  complifhed,but  there  is  another  as  excellent  as  he  •,  yet  fince  the  Spirit  of  God,    and 
raw,  at  out      all  Autbours  Chriftian  after  him,  ha's  made  him  the  Phacnix,  hamanx  natnrt  ornamtnt- 

So°UCo?ona-  Hm->  'CWlU  bC  n0t  '°ft  lab°Ur  t0  COnfl<lcr  him- 

tion,/^j.  },6-  +.      Solomon  then  was  aPrince  born,  the  Son  of  King  David,  by  Bath-Sheba  his  beloved 
Wife,    a  prince  Solomon  was,   catted  by  this  name  myfterioufly,  in  order  to  his  caufr- 

tibn 


A  Commentary  upon  Fortes  cue.  17 

tion  of  peace,  and  introduction  of  che  concurrent  blefilngs  with  it,  Plenty  and  Riches. 
Por  he  made  filvcr  to  be  in  fensfa/em  as  Stones,  and  Cedars  made  he  as  the  sycamore 
Trees  that  are  in  the  Vale  in  abundance  ,   i   King.  viii.  27.  and  in  order  to  his  being 
a  Type  of  Chrift  Jefus,  the  Prince  of  Peace,  who  brake  down  the  wall  of  feparation  be- 
tween God  and  Man,and  brought  life  and  immortality  to  light  through  theGofpcl.  A     , 
Prince  Solomon  was,  wife  as  an  Angel  of  God ;    fo  the  Holy  Text  phrafes  him  ,  lb  the 
Holy  God  endowed  him  :  God  that  gave  him  leave  to  defire  what  he  would  of  him, 
gave  him  love  to  Wifdom  and  Gracc,to  beg  it  as  his  choice,and  to  obtain  it  as  his  jewel: 
fo  wife,  and  fo  underftanding  a  heart  did  God  give  Solomon,  that  all  Expofitors  do  a-  :  k^„s,  &, 
greehimf.v  omm parte  beatus,     both  as  to  fpeculation,  and  aftion.      Tiraejael  num- 
bring  the  virtues  of  all  Antierits,  and  Moderns,  makes  Solomon,  in  wifdom,  paramount  ^*se"De  N9bl" 
to  them  all.     Fineda  ha's  made  a  large  and  laborious  Treatife  De  geftis  Solomonis , 
wherein  he  makes  every  atome,and  minute- particle  ofhim,<»  Mountain  of  Wonder .  And 
TurrUn  is  not  behind  him  in  the  admiration  of  him.And  no  wonder-.for  if  wifdom  make  ui.  e.  De  pw» 
a  man's  face  to  fhineas  it  is,  Prov.  and  as  the  Heathens  acknowledged  to  the  praife  of  l°[o?h  J"^*-- 
her,  Ojx.  SJt  nficc  A*t**-  -nyua-nyv  ,7 'here  is  nothing  more  honourable  then  wifdom  *  becaufe         ^  'rTaX*" 
it  is  the  Imageof  God,and  that  which  gives  the  poffeflbur  of  it  probation  above  others^  *"**,  yvt""tt^ 
as  it  enable  shim  to  kn-:W  thofe  things, that  otherwife  are  hidden,  and  hard  to  men.     So   the     ,*?*""''  ^ 
Philofopher  fays.  m  ?**«*■    : 

If  Socrates,    whom  the  Gretlej  thought  to  »  Q&tZv  <n<ta\<L\t<  ,the  w  if  eft  of  Mortals ,  w^t""*?  7*' 
made  it  bis  (tudy  amongfl:  men,and  his  petition  to  the  gods,  to  be  wife  ^  O  amice  fan,  'afKav-> 
ey-  c&tcra  Nnmina,  date  obfecro,  ut  intus  pulcher  efficari ;  O  thou  Pan,  and  the  refl  of  the  T*I0,''r„ 

1  ,/    r      1  1 '    >  ■     r     1    ■  11  1  u-   L   r.   r  f.  Atiftot.  Trtctmt 

gods, grant  me,  I  bejeechyou,to  be  beauteous injoul,  inward/]  worthy  ;    Wnicn  Rofehus  en-  Metaphyf. 
targes,   VeritatU  divint.  cognitionem  petebat ;   He  defired knowledge  cf  divine  truth, which  '»P<m»n*e 
God  onely  was  able  to  grant  him  ,   which-  ohtly  a  calm  and  well-  tempered  Soul  Was  capable  amTa'dtif.'.  *, 
of.    if  Wifdom,which  all  Authours  and  Ages  thought  God  in  Man:  if  this,  I  fay,  were  u>.i.Dev«i- 
in  our  Solomon  eminently,  beyond  the  proportion  of  other  Kings,    and  anfwerabJe,   if  t»te*/,M* 
not  tranfeendent,  to  the  endowments  of  other  men,not  Mofes  himfclf  excepted,though  /„ :  Reg.  ui.  it. 
Vatablus  be  of  another  opinion  •,     and  if  this  mate  of  Wifdom  be  evidenced  not  onely 
judicially  on  the  Throne.but  difcuifively  in  the  Chair,to  the  admiration  of  all  hearers, 
who  being  at  his  difcourfes  from  the  Cedar  in  Lebanon,  to  the  Hyfsop  upon  the  Wall, 
and  other  his  civil  Precepts  in  the  Proverbs,  Ecclefiaftes,  and  Song  of  Solomon,  (though 
Grotius  herein  aifo  much  abates,him,  while  he  makes  the  Proverbs  to  be  onely  liber 
cKAoyiK  ,a  compilementjikc  thofe  the  Emperours  of Conftantimple  after  him  had,  of  all 
the  feled  Sentences  of  thofe  Heroiques  that  in  time  preceded  him,  and  were  Proverbial 
amongft  the  Jews.)    I  fay,  Solomon's  works  and  words  confidered,will  render  him  fuch 
an  Non-fnch,   as  the  Holy  Spirit  characterizes  him  to  be.     So  true  is  that  of  a  learned 
man    concerning    his  Proverbs  ,     Neque  ullumvelex  univerfoProverbiorumnumero'&3^m'nc°x- 
reperias  ,  &C      That  there  is  m  paffage  in  the  Proverbs/s  inesnfiderabie  ,  and  ordinary  *«"'  """ 
in  the  words  of  it,    but  if it  be  rightly  and  throughly  underftood  ,    couches  in  it  fame  admi- 
rable fiece  of  truth  and  Wifdom,  worthy  the  mofi    wife    Solomon  its    Pen-man.     So 
great,   fowife,    fo  much  of  mortal  comprehenfion  had  Solomon,  that,  amongft  men,         ,     ,. 
the  fons  of  natural  propagation,  no  Socrates,  no  Xcnophon,  no  Cxfar,  no  Marcus  An-  *}*&,  ^"'^ 
toninus  was  greatcr,»as  like  to  him.     He  was  of  the  quorum,  ejttarum ,  quorum,  to  alf  *l"J?aj^ 
that  preceded  him,  or  {hall  fucceed  him  in  the  ordinary  way  of  Manhood  5    and  there-  ^*w^    » 
fore  is  moft  to  be  heeded,as  he  is  virorumfcientifimus,&  exemp'orum  augufliffimus.       PM7tt]®".  ^ 

This  for  the  Dignity  of  his  Perfon.  ^f y  W* 

1  Oral.  iJ.wEc- 

Now  as  to  the  Divinity  of  his  Prefcript,  in  that  which  our  Chancellour  here  inftan-  cicfM**- 
ces,  in  the  eighth  Chapter  of  the  firft  of  Kings  j   which  Chapter ,    having  many  re- 
markable paflages  in  it, was  purpofely  quoted  by  our  Chancellour. 

Firft,  In  it  there  is  Solomon's  regard  to,  and  valuation  of  the  Ark  of  God  ( the  vifible 
%i  of  God's  prefenee  )  cxprefled  in  the  Aflembly  of  State,  thai  he  fummoned  to  at- 
tend its  remove, The  Elders  c/lfrael,  all  the  Heads  of  the  Tribes,  and  the  chief  of  the  Fa- 
tiers  of  the  Children  of lfracl,  unto  the  King,  verf  1.  'Tis  not  fit  any  thing  of  Gods 
fhould  be  pafTed  over  without  due  honour ,  nor  his  Ark  change  his  ftation,.  without 
the  attendance  of  a  decent  Equipage:  Princes  that  ferve  not  Religion  with  all  their 
might,  are  not  worthy  the  Slentngs  that  attend  it.     Therefore,  gracious  King  Charles, '. 

E  our 


18  A  Commentary  upon  Fortescue. 

feieoon  Bafflie.  bur  late  martyred  Lord,  made  a  rare  choice,  Nor  could  I  follow  better  Prefidents  (faid 
t*i  »it.4«.  »4-  j,e)  if  Iwereable,  thenthoft  two  eminent  Kings,  David,  and  Solomon,  not  more  famous 
for  their  Sceptres  and  Crowns  i  then  one  was,  for  devout  Pfalms  and  Prayers  ;  the  ether, 
for  his  dvine  Parables  and  Preaching  ,  whence  the  ene  merited,  and  a  fumed  the  name  of 
a  Prophet,  the  other  of  a  Preacher.  Titles,  indeed,  tf  greater  honour,  where  rightly  pla- 
ced, then  any  of  tkofe  the  Roman  Mmperoura  affetted from  the  Nations  they  f^.b  due  d,  it 
being  infinitely  more  glorious,  to  convert  fouls  to  God £y  the  Word,  then  to  conquer  men  to  a 
fubjeUwn  by  the  Sword.  -  Thus  he. 
Vcr.  5.  All  the  Eftates,  that  attended  the  Arle^s  remove,  did  it  not  more  to  obferve  the  King' s 

fleafure,then  to  teftifie  their  own  duty  ;  for  they  that  went  before  the  Ark,  facrificed  Sheep, 
and  Oxen  ,  that  could  not  be  ttld ,  nor  numbrei  for  number.  3     Zealous  minds  thinJc 
that  the  beft  fervice  of  God,  which  is  moil  coftly,  as  deliring  to  fhew  the  truth  of  ihcir 
heart  in  the  bounty  ot  their  hand. 
Vcr.  1 4.  Solomon  bit  fed  the  whole  Congregation,  and  the  people  flood.  ]  Tis  a  good  fign  of  ac- 

cord, when  Paffions,  and  Prejudices,  do  not  obftruft  between  Prince  and  People : 
when  the  one  thinks  himfdf  not  too  high,  to  regard  his  meaneft  Subject  ■,  the  other, 
(hews  himfelf  not  too  heady  ,  and  humorous ,  to  obferve  and  reverence  his  Litge 
Lord. 
Fer.  2  J ,  24.  Solomon  the  King  folemnly  fours  out  his  Soul  to  God  in  prayer  before  the  people,  as  not 
afhamedofthe  humility  ofafmner,in  the  heighth  oftheftate  of  a  Sovereign^}  Nothing  de- 
bafes  Majefty  but  fin,  nordifparagesaKingin  his  Peoples  eyes,  but  flagitioufnefs : 
he  can  never  mifs  acceptation  with  men, that  firft  gains  by  prayer  and  humility  accepta- 
tion with  God :  nor  does  he  ever  mifs  to  finde  God  propitious,  who  feeks  him  with  all 
his  heart,and  ferves  him  with  all  his  might. 
Ver.  29.  Solomon  builds  a  magnificent  Temple ■, which  he  devotes  to  God,  and  which  he  prays, that 

God  would  accept  as  his  own.~\  'Twas  not  the  King's  prayer,  nor  the  bounty  he  had  e*- 

Sreffed  in  the  coftly  furniture  of  it,  that  at  all  advanced  tbofe  ends  Solomon  had  in  its 
efignation :  he  intended  it  as  a  refuge  to  the  peoples  diitrefe,  and  an  oracular  reperto- 
ry ,m  which  the  fecret  of  God's  power  and  goodnefs  fhould  be  (as  it  were)  depofited , 
which  it  could  not  prove,un!efs  God  ratified  it  for  fuch  .-  therefore  prays  he  to  God  to 
gtant  his  Petition  and  to  accept  thofe  fervices,  that  he  and  his  people  fhould  inthac 
place  perform  to  him.  Good  Princes  would  willingly  bring  God  and  their  Sub  jeds  to 
an  accord , and  leave  his  bleffing  as  the  guard  of  their  government  when  they  are  gone. 
There  is  no  policy  like  that  of  Religion,which  ever  keeps  God  on  its  party. 
Ver.  5  5.  The  King  bleffcd  the  Congregation  again  after, as  weH  as  he  had  done  before  his  prayer \\ 

To  teach  Princes,  that  their  love  to  their  people,  fhould  be  ever  in  their  memory,  ana 
that  Religion  is  the  cement  of  their  reciprocation  s  nor  do  the  Laws  of  Holy  Church 
leflbn  ought  to  Prince ,  or  People,  befide  love,  and  duty. 
Ver.  6*5,  66.  Solomon  keeps  a  Feafi,  tofatiate  the  Peoples  ft  omachs  with  his  dainties,  as  well  as  he 
hadfpckjn  to  the  filling  of  their  ears  with  pious  Orifons,  and  devout  interpellations  to  God  for 
them.l  To  pattern  Princes,to  ufe  all  Baits  to  catch  Multitudes ,  the  foberer  of  them 
with  the  reafon  of  good  counfel,and  ferious  kindnefc  ;  the  ruder  fort  by  bounty,  and 
pabulary  plenty  ,wmch  will  make  them  love,  and  blcfs  their  Bencfaftor,  and  return  to 
their  quarters  contented.as  Ifrae I did, v. 66. 

Thefe  are  the  main  Poles,  upon  which  this  Chapter  moves  towards  a  fitnefs  of  di- 
rective influence  on  the  Prince,  for  in  that  he  ha's  his  life  and  breath  from  God,  and 
even  for  his  Crown,and  Power,is  but  a  Fcudatary  to  the  Almighty,  who  deals  by  Mo- 
narchs,  as  by  Pifmires,  and  exalts,  or  fupprefTes ,  as  he  pleafes,  in  the  Kingdoms  of  the 
World.  And  inafmuch  as  Kings  have  no  readier  way  to  preferve  God  their  Tutelar, 
then  by  fecuring  his  rights  inviolate,  and  by  promoting  the  glory  of  his  Divinity  above 
all  fecular  Projects,  and  extern  conveniences,  as  Solomon  here  did,  and  as  Nature  her 
fclf  dictates  to  her  very  own  Sons, not  enlightened  by  Divine  Revelation,  or  Scripture- 
Regulation,  according  to  that  wf<»7w  «  mti  iuv  &iiav  t-mtAhHtt,  The  firft  care  of  Kings 
is  that  of  Religion,  and  the  tvorjhip  of  God.  In  that,  this  wife  and  worthy  Monopoly  of 
devoting  to  God  the  totality  of  our  prime  and  principal  affection  and  reverence  is  in' 
this  Chapter  pithily  and  particularly  fet  down  •  and  that  it  conduces,  being  punctually 
obferved,to  fo  much  felicity  and  greatnefs  in  the  outward  ftate,parados,  and  pomp  of  a 
Prince,it  well  deferves  the  perfection  and  diftind  obfervance  of  him:  and  the  Chancel- 
lour  ha's  done  wifely  and  faithfully  to  direct  him  to  it. 
■    •  £uare 


1  '» 


A  Commentary  upon  Fortes  cue.  ip 

Square  ut  armorum,  utinam&  Ltgum  ftudiis  ftmi'.i  Zelote  deditum  contem- 
plarer. 

Here  the  good  old  Chancellour  wifely    does  not  »o»  mtvenda  movcre,  as  they  did,  Ada;.«i.chii.i. 
who  laid  ficge  to  fupplant  that  which  was  iacred,as  pad  their  reach, and  fo  ought  to  have  Ei?ia!  f"i' IS* ' 
been  exempt  from  their  attempt  -,  but  he  preffes  the  Prince  to  fo  equal  a  dmdenr  of 
himfelf  between  Arms  and  Arts  .that  neither  may  have  caufe  to  boaft  of  their  cngrof- 
fing  him,orof  his  defertion  of  them  •,  but  both  being  ancillary  to  his  Regal  Endowment,' 
might  indifferently  beCandidates  to  his  favour,and  to  both  have  his  love  and  leifure  pro- 
portion'd.  To  love  Arts,fo  as  not  to  hate  Arms  ■,  and  to  pradife  Arms,  fo  as  not  to  de- 
cline Arts :     to  handle  the  Sword,yet  not  fo  as  to  fupprefs  the  Law  :    fo  to  remember 
himfelf  a  Prince,as  not  to  forget  himfelf  a  man  ;  homo  ab  humanitate,  a  Chriftian  man, 
ferendo  nonfe>iendo,z  knowing  man,whofe  right  commenceth  from  Ged,and  is  conveyed 
and  declared  by  the  Laws  of  civil  compaft,recognizing  hereditary  defcents,and  isfecon- 
darily  fupported  by  Armies ,  and  courage  to  manage  them.'o  /oftot  mflut  if!  0*<ri*<£<  chiyfypm  ubn 
Stiov  71,  K}tL>Z?wmtuvx$a.y(xA~iv,  &c.     The  LaW  is  the  Queen  of  all  divine  and  humane  nstl    vot** 
things, and  ought  to  prejsde  over  all  men, good  and  bad,  to  be  the  Leader  and  Prejident ,  and  t?J1'.Th.  ^v's 
the  rule  both  of  juji  and  unjufi.     And  thus  a  Prince,  viewing  himfelf,    cannot  more  in-  leg'tms  Sc'narfe. 
cline  to  Mars,  then  Mercury  •  nor  affed  to  be  onely  a  Souldier,  and  not  an  Artift,  but  *^  c°n<ui"». 
pradife  bo:h  1  eats  of  Oratory  ,and  Prowefs,  as  occifion  ferves,  and  as  their  warrantable 
and  juit  advantages  conduces  them  :  which  to  obferve,  and  be  punctual  in,argues  the 
higheit  fruits  of  noble  lnftitution,inchnation,and  God's  Amen  upon  them.     2eei*  Ji  or*r.  5»  in  tc- 
/gan&4*<  rie*(  d\Sfm  -mt  AjiclIoitutuv  c»  wdah  ^h'£oi>*  <PiintT*i.      For  Wifdom    (faith  cc'-f.  7«3- 
Naz.iani,:n  )   can  tn/ir;.  ft  the  £ity  to  do  more  then  arms, and  strength  without  it  can  :  yea, 
whereas  the  indiscreet  man, by  his  force,  is  rather  prefttmptuous  to  take  the  firft  opfortunty, 
though  it  be  the  worfl,beiaufe  he  rcfts  on  his  forces,  and  that  arm  offlefi,  he  is  feconded  by-, 
Wifdom  conduft shim,  trn  J\^ia.  m?  t^ayiAATot,   to  chufe  worthy  methods  to  Worthy  ends, 
and  to  (lay  God's-leifure,  and  not  to  precipitate  a  good  caufe  by  an  ill  managery .     bo  that 
Father:  and  therefore  fo  concluded  Edward  the  fourth  of  this  Land  his  life,  with  the 
charge  he  gave  the  Lords  and  others,  Trufteesfor  the  education  of  his  Children,  in  HoiingGwd, 
thefe  words  :     If  you  bring  them  up  in  virtue ,youfhall  have  virtuous  Princes  -,    ifyoufet  Pas-?°»- 
them  to  Learning,  that  Governours  /ball  be  men  of  knowledge  ;  if  you  teach  them  Activity, 
you  /hall  have  valiant  Captains  ;  if  they  praclife  Policy,  youjball  haveyolitique  and  prudent 
Rulers  -,  if  they  be  unlearned,  they  may,  by  flattery,  foon  be  blinded,  and  by  adulation  often 
deceived ;  if  they  lack,  alii-  ity,  every  freature,  be  he  never  fo  bafe  of  birth ,  JhaBfoil  and 
overthrow  them  like  dumb  Beafts,andbeaftly  Da  Hards.     Therefore  I  de  pre  you,  and  in 
God's  name,  adjure  yon  rather  tojiudy  to  makj  them  rich  in  godly  knowledge,  and  virtuous 
qualities,  thin  to  make  parties  to gratifie  them  with  abundance  of  Worldly  treafure  ,  and 
mundant  fnperfluity.     Thus  nobly  that  King. 

Cum  uttirmis,  itd  legibus  judicia  peragantur.  Quod  Juftinianus  Auguftus  aquiffima) 
librue  menti  in  initio  Priaemii  Lbrifno  Inititutionum  ait,  *'  Imferatortam  Afajefiatcm 
'  nonfolum  armu  decoratam,  fed  &  legibus  oportet  cjft  armatam ;  ut  utrumejut  temptu 
"  bellorum  &  pacts  reUe  pojjit  gubernare. 

This  the  Chancellour  marfhals  inthisorder,  to  make  good  what  he  had  formerly 
gained  :  for,as  in  the  former  claufe,  he  had  made  the  Prefcript  ■,   fo  in  this  he  fubjoyns 
the  reafon,King9,  as  mix'd  perfons  of  Mercy  and  Juftice,  are  Keepers  both  of  Laws  and 
Swords,thc  purports  of  both  Tables  •  and,  being  fucb,  are  to  pradife  the  adivities  of 
both  hands,to  apply  Law  to  their  ordinary,    and  force  to  their  extraordinary  admini- 
firation .    fincc  as  Food  and  phyikk  preferve  die  Body-narural,  fo  do  Laws  and  Arms  \)mMyum 
the  Body-politique.     Hence  is  it,  that  Sjnefius  makes  a  wcll-inftituted  Warlike  Prince  *nfll(  yZfrot 
moft  inclinable  to  Peace-  becaufc  his  generous  Nature  having  circumvallated  bis  power  «? \ww<. 
fendershim  ix.  isi\w  dJixZv ,  Not  onely,  wtwill'ngto  do wrong  ;     but  by  his  poVoer  to  Synefiw  M.,  De 
prevent  wrong  from  being  done  ;  yea,  it  inclines  him  not  fo  much  to  lift  up  his  he  ad  atove  Regn°  fv' w4- 
men  in  (elf-magnification  ,  Oihn  hands  and  heart  in  folemn  grata lation  to  God;    both  the 
God  of  him  and  his  Government.     \  or  Kingfhip  was  looked  upon  in  the  World  to  be  the 
PrognateofGod,  and  a  derivative  from  his  Wifdom :  and  therefore,  not  onely  the 
Scripture  brings  in  God,   afTcrting  the  Patronage  of  Kings,  By  me  Kings  reign ,  and 
Princes  decree  juftice  ,    but  alfo  Heathen  Writers  make  their  Gods  the  Proto-Kings  ■,  Lib.  De  Ptovi- 
which  Syne  fins  avers  to  be  the  Pofuion  of  the  Egyptians,  who  are  reckoned  mortalium  £«!■•  **'*••■ 

an- 


2b  A  Cbmrrientary  upon  Fortes  cue. 

antiejt/ijjimi  :  and  this  they  did  not  oncly  to  aw  men  into  fear  of  their  Thunder  and 
Lightning,  but  alfo  to  befpeak  them  to  a  belief,  and  recumbency  on  them,  as  Fountains 
of  Juftice,  San&uaries  of  Refuge,  Treafuries  of  Benefaction  not  torvous,  and  of  tru- 
culent afpeft,  but  gentle  and  calm-look'd.  Thence  came  thofe  Pofitions  of  fuftinian, 
ct»i)vi!.;»  pio-  Regiam  Mayftatem,  &c.  and  thence  tranfplanted  into  our  Law  -,  becaufe,  though 
Ie8-  Kings  be,  in  a  fort,Gods,  and  unquefhonable  by  any  but  God ;  which  was  Marcus  An- 

r>e  Jur.beUi  &  tonintu  his  affortion  feconded  by  all  fubfequcnt  Authours,  as  Grotius  ha's  well  obferved, 
pjcis.Uit.i.f.».  and  as  Tacitus  long  before  wrote  in  thofe  words,  Prineipi  fnmmxmrerum  arbitrium 
Dii  dedcr:;nt,fubditis  cbfeejuii  gloria  eft  reliUa.Tht  gods  have  given  Prince:  fupr  erne  power, 
and  aliened  to  Subjeils  onelj  the  glory  and  praife  of obeying  them.  And  though  thofe,  whom 
Tacitm  dcmo  bc  mcnti°ns  t0  be  Kings  in  Gaul  and  Germany  of  old,  who  had  oncly  power  precario 
nb.  Genu  jure  regnandi  &  atiEluritate  fuadendi,  nunjubendi  poteftate,  were  but  improperly  called 

Kings,  Kingfhip  being  a  thing  abfolute,  by,  from,  and  under  God  ;  though,  I  fay,  thefe 
are,  and  ever  will  be  loud  truths,   not  to  be  defcryed  by  the  Ojms  and  Zjms  of  Anar- 
chy ,and  popular  infulc  •,  yet  are  they  far  from  inflating  Princes ,   beyond  moderate, 
'6u*£r/p''<£   an^  well- featured  Bounds.  God  ha's  indeed  fubjefted  Sub je&s  to  Kings  •,    but  ha's  he 
-  »       not  alfo  fubje&ed  Kings  to  himfelf  ?    Surely  yes,  and  they  muft  give  account  of  their 

•  ^  1^  people  to  him  ;  and  they  will  never  have  comfort  in  their  rule,except  they  have  learned 
Nnktm  imf'««.  to  rule  over  their  paffions.and  to  be  fabjeft  to  the  Prime  Regent,God;  who  ha's  depu- 
mf  r,  be,  ted  Kings  to  be  Paftors  and  Curates  to  his  Flock  the  lefs  glorious  Creatures,  on  whom 
Ar'ifto'.'/T™'  tnc  Image  of  God  is  ftamped,as  well  as  on  the  greateft  Monarchs.  A  nd  therefore ,  as 
Toiitic.  Arms  are  to  fupporc  Governments,   fo  Governments  are  to  expreft  themfelvesby 

Laws,  as  the  genius  of  direction  to  thofe  Arms.  For  God  never  intending  power  to 
be  brutafulmina ,  which  carry  more  terrour  then  ufe :  the  Ma- 
id»  iy,ndm  fortunam  r.iu.  b*m.nu  giftrate  is  not  toufe  it,  but  for  the  punifhment  of  wickednefs,  and 
«»<«{•.«,  irmtniUH,  &  empnm,  &  vice,  and  the  maintenance  of  Gods  true  Religion,  and  Virtue  ■, 
JTmh*"  "**'"•  "me"'""bM  "<"''"■  &  which  when  they  do,  they.are  true  Executours  of  Chrift's  Wil!,and 
^ml7^T„lTr!}^tf*juftmu^us  'm  Bequefts ;  lovers  of  him,  becaufe  keepers  of  his  Commandment ; 
j>ipiw  dc  confitm.  Digcftorum.;»j  16.  and  his  Commandment  is  to  do  j*i~iice,  love  mere j,  and  walk  hum- 
T'mz-  blj  with  God. 

This.this  is  the  noble  end,and  noble  expreffion  of  power,  ut  in- 
De  vera  Juris-     teliiZtret  eefi loco  j*>»  eJfe  Regemfappofitum,  ubifttx  propria,  per  font  oblivifci,&  w*  nnttm 
prud./«f.  3js.    Reipnb.  benftm  ineumbere  deberet :  Giving  the  King  to  tindtrftand,  that  in  being  a  King,he 
became  s  a  for  getter  of  what  is  his  perftnal  advantage  fo  make  good  his  p'uklique  Office  ,laith 
learned  Hopptrutt.     And  he  that  goes  by  this  Canon  fhall  be  furc  of  Peace,  and  God's 
bleffing  in  his  foul,  and  on  his  proceedings.    Yea,   the  fruits  of  it  he  fhall  reap  in  the 
Synefius.w.  De  love  oi  his  Sub jefts,  fiayn  iy  (LutAisa,   &c.  the  cncl]  and  chief  protection  and  fecttrit j  of 
Rejno./>«j.  ii.  princes.    For  though  particular  Accidents,  and  fatal  Periodiques  tended  to  in  the  old 
age  of  Governments,  croffes  this  in  the  experience  of  its  fafety  ;  yet  j»wtJ*iau\  and 
faving  thofe  occult  caufes,  which  are  not  to  be  defeated,   the  Canon  is  fore,  that  mode- 
rate Government  is  moft  durable  •,  whichis  the  reafon,  as  I  humbly  conceive,  the  Laws 
of  England,  the  beft  tempered  Laws,  for  an  Ifland,  in  the  World,  point  to  the  Kings 
of  Englandjhe  middle  way  of  Government  between  abfolute  Will,and  popular  depen- 
dance  ^  becaufe  thereby  it  puts  both  King  and  People  into  a  felicitous  ftate,  which  they 
cannot  deviate  from,without  mifchievous  inconveniences.  "  A  Political  Monarch  go- 
m  hi,  sermon  «  "  vcrns  *"s  Subjc&s,  as  a  Father  doth  his  Children,  by  equal  and  juft  Laws,    made  by 
the  cor.n<ai,n ./  "  their  own  confent  to  them.  Defpotical  Government  is  that  of  the  Turks,  and  Mufco- 

"ndutovciKin    T  Vlte  ? but  r"Iitical  is- and  ou§bt  t0  be  ttle  Government  of  all  C  hriftian  Kings ;    I  am 
paS.  \Z     ™S'  *'  ^ure  it  is  of  ours:  and  therelore  fuch  a  kind  of  Monarchy  as  ours  is  not  onely  the  moft 
"  juft  and  reafonable,  but  the  moft  plaufible,  and  popular  Government  of  all  others : 
"they  are  the  words  of  that  moft  Reverend  and  Learned  Prelate  the  Lord  Bifhop  of 
"iVorcefter. 

The  King  is  abfolute- what  then,may  he  do  what  he  will?is  his  pleafure  a  Law?As  King, 
yes  :  for  fo  he  can  do  no  wrong,becaufe  qua  fuch,  Deum  agnofcit  fuperiorem  &  Legem ; 
but  as  miftaken;or  feduccd  by  paflion,his  Will  is  not  tlic  Law,but  the  Law  his  Will ;  and* 
though  men  are  no  Supervifours  compulfive  of  him ,  yet  is  there  one  greater  then  he, 
Satis  eft  exfpeUet  Deum  uitorem:  that's  his  aw  and  Monitor,<d  bene  regendum,  the  Sub- 
)<A  is  free:  how?  not  to  do  what  he  lift-,    no,   not  with  his  own  :  for  he  mult  fo  ufe 

whac 


A  Commentary  nfon  Fortescue.  21 

what  is  his,  as  not  to  prejudice  the  Publique :  fo  is  the  Law  of  Reafon  and  Policy,/?^ 

fpublicapraferendaeftprivatis,  and  fo  affirm  the  Statutes ,   17  E.  3-   f.j.    12.  \6. 

28  jE".  3.C.  5.    23  H.  S.t.  16.  25  H.  8.c  13.    32  H.  8.  f.  18,. 10.     33H.8.C.  7. 

35H.8.4.    1  Edw.6.c.  3.&  5.  2  &  3  £.  6.c.  37.   I&2  P.  Scjtf.  c.  $.    lEliz.c. 

17.    18  £//*..  9-   '  £/'*•  f-  15.  17.    8  £/*'*.  c.  3.     23  £/;*,.  f.  5.      zj  Eliz.  c.  19. 

and  hundreds  of  others,  which  were  made  to  reftrain  private  emoluments-,  where  pub- 

hquely  detrimental :  Yet  he  is  freefromsllreftraints,  other  thenjuchas  the  Cemmon  ltjaC.c.  ,; 

Law, or  the  confent  efthe  Nation'm  Parliament  puts  upon  Him,his  Body,Life,Lands,Po- 

fterity,  andean  appeal  to  the  King's  Court  for  relief,    againft  all  preter-  legal  courfes  Flow<i  com. 

againit,  or  oppreflions  upon  them.     And  hence  is  it,  that  the  Government  of  England  "'j.  J,_  charta: 

being  fo  tranfa&ed  by  the  Law,  produces  Jultice,Riches,  peace,  and  Piety,  to  a  won-  t. »«. 

der.  For  the  Monarch  rules  in  it  optantibus  cuntlis  5    and  if  in  any  thing  he  be  incom- 

modated,  mnfpemhominum  excitat  fed  metum  5  yea,  fo  filial  a  love  have  Englijh- 

men, for  the  moft  part,  to  their  Princes,  that  what  Seneca  writes  of  the  Prince,  is  true  of  ciera.V  tlj.  ' 

the  people,   Nihil  tffe  eui  quant  tarn  pratiofum,&C.     Nothing  they  have  isfo  precious  to 

them.as  the  faffty  of  their  Governour  ;  for  whom,  as  they  wiS  defperatcly  hazard,  foinhis 

fafety  much  rey.yce  :  fo  much  they  hold  them  fc Ives  related  to  his  Vneal  or  woe.     A  nd  there-  Gxot-mt<  De  jut 

fore,though  true  it  be,  that  England  is  by  forne  looked  upon  like  Athens  in  Solon  s  time,  Beiii.rf-'racis. 

as  a  mixd  Government, which  ha's  much  of  regulation  to  power  in  it  j  yet  is  it  as  true,  that  M*  J*-1* 

England's  I  mperial  Crown  being  abfolute,  in  regard  of  dependance  on  any  but  God  ,  Sm.n  jae.  *.  3. 

ica ves  the  Monarch  as  well  empowred  with  the  Sword  to  propagate,and  prote&Juftice,  *  ♦. 

as  directed  by  the  Law,  to  adminifter  Juftice  to  thofc  that  need,  and  feek  it. 

The  nfe  then  both  of  Arms  and  Laws,  muft  be  connected  in  a  Prince,  that  he  may  be 
indefeduous :  For  a9  Arms  are  like  the  Mufcles,  that  move  and  plump  out  the  joynts 
and  proportions  of  the  Body,that  they  are  fymmetrious  to  the  beauty  of  the  whole  •  fo 
are  Laws  like  the  Veins  and  Arteries  vehiculary  of  the  blood,and  fucculency  into  all  the 
parts,  by  a  right  orderly  circulation,  and  diftribution.  And  the  counfel  Laws  give,  is 
not  tofupp':efs  theufe,  but  advife  to  the  right  ufe  of  the  Sword  :  not  to  condonatc 
through  eaiinefs  great  offences,nor  to  punifh  paflionately,and  with  feverity,  fmall  dif- 
gufts.and  errours  of  infirmity  ;  but  to  give  to  every  offence  its  proper  chaftifement,  to 
arbkrare  the  Law's  prefcript,  and  become  its  Patron.This.while  a  Prince  promotes,  he 
declares  himfclf  an  Agcfdaus^  rare  Prince.  For  of  him  Xemphon  writes,  'o-nJbvaru-  m  eraim  vc 
TfJ©-  at  hm  7ft>«,  &C  Th»t  though  he  could  do  what  he  would,  jet  he  dd what  one ly  he  A6el"'lao<M«* 
ought,  prtfejfmg  hmofelf  to  be  under  the  dintlion  of  the  Law,  though  not  the  fubjetlion 
•fit. 

Our  Chancellour  then  had  good  reafon  for  his  advice,fince  he  carefled,  and  fmooth- 
ed  the  young  Prince  into  the  love  of  the  Law  •,  fore- feeing,  with  Timcn  of  Athens,  that 

^if  he  were  bnely  a  Martialift,  he  might  be  as  Alcibiades  was  by  him  fore-feen  to  prove, 
Patriae  exitit  futurm  ■,  fo  the  Prince  might,  patriU  legibus  exitiofnturus  :  fince  what 
Youth  fucks  in,it  retains,and  propagates  in  iriVanhood,and  Age  :  which  confidered, 
good  Princes  aim  to  do  -,  as  fufiinian  fays,  armls  decorari,  to  ufe  force  as  a  jewel  for 
fhew,  ad  faciendum  pepulum,  to  purchafe  dread  and  eftimation  ■,  but,  armari  legibus,  to 
fpeak  favour  and  terrour  to  fub  jefts,  in  Law  terms,p<r  delegates  judices,  nn  per  ut  lega- 

.  tos  miltes,  more  curiali,  ncn  militari ,  By  Pen  and  Paper, not  Guns  and  Pikes,  the  Pa- 
radoes  ofConquefts.not  the  praftice  of  Civil  Governments,  except  on  extraordinary 
occafions  ,and  then,  as  neceflary  asphyfick,  in  bodily  diftempers. 

Tamen  ut  ad  legum  ft  udia  fervide  tu  anheles  maximtu  legiflator  ille  Mofes  tlim  Syna- 
g«g*  dux  muttofortittsCzbire  te  invitat.Wcre  our  Text- Matter  backs  his  former  Argu- 
ment by  an  example^he  faw  the  Prince  was  earneft,  as  one  through- warm  with  the  love 
of  A  rms,  and  well  he  perceived,  that  his  eager  purfuit,  which  left  no  vein  in  him  un- 
ftretched,but  kindled,  to  a  heighth  of  reaking^forfo  anhelart  fignifies^w/vW  eft  cum 
ex  curfu,  &  qucvis  labor e  vehementicrebris  qua  ft  fmgultibns  fpiratur  &  refpiratur.SO 
(folumel,  lib.  2.  c.  3.  Ante  adprafepiaboves  relegari  nm  expedit  qukm  [udare  at  que 
anhe  tare  de  fie  rint.  Hence  anhelare  fcelus ,  for  doing  mifchief  with  might  and  main. 
Tandem  aliquando  Quiretes  Catalinam  furentem  audacia  fcelus  anhelantem  peflem  pa- 
tri*  nefatie  molicntem.  And  again,  Anhelaus ex  infimopecltre crudelitatem  ,  isTullie's  cic.  in  catal. 
cxpreflion  for  our  authority.)  And  therefore  he  endeavours  to  fix  his  mettle,  and  in-  *♦•  ^""-  ** 
tend  his-earneftnefs  on  its  right  objeft ,  by  propounding  not  onely  a  moft  excellent  "i""""1™' 

F  thing, 


11 


0fm  »!I  *lia*t  *i 
mmim    mtrii    m 
fnfaffi  «xif«*f.- 
t*fi*d  riptUm 
pr*v****  c»m. 
j*j.  ^titcjutm  hs- 
Was  Alumni  ami 
amtkuw  anus  *»- 
Mont  ah.  ttitmfi  • 
Irani*  (knm  [*»• 
HMif*ci*i.    Se- 
neca £>.  it. 


Lit.  i.  De  Vita 


In   Ke(    *i 
Qatb. J5.  *d 

Oifliod.  f.   317. 
'in  Sylbuif. 


Li*,  t.  De  Vitt 

Mods,/)  6s s. 


/./*.De  Vita  Mo- 

fis/i.tci.  IW10, 


Notu&«7jjt   3S 
x}  wt^n  fi/ua* 

'   '   f        ■  n 
Vf    k    W/t< 

Philo  tibrt    De 
Sacrifices.  ^4«. 

"8c  C<M»,p.lJj. 


A  Commentary  upon  Fortes  cue. 

thing,  but  a  choice  example  of  one  authoritative  in  the  cafe,  Mofes  -,  one  of  whom, 
no  Story  mentions,  but  either  the  Holy  Text,  or  Hiflories  from  it.  The  grave  Knighc 
will  not  to  M oab,  and  Ekz°*  »  not  cull  examples  out  of  prophane  Authours,  while 
there  are  pregnant  ones  in  the  Book  of  God  j  hijinftance  therefore  is  not  in  Alexan- 
der, Cafar,  Pompey,  Marcus  Anrclius,  Trajan,  Conftantinc,  or  his  Henry  the  "-ixch 
though  all  great  lnftances  of  Bravery  •,  but  his  man  of  Mirrour  is  Mofes :  For,  though 
they  all  in  their  rcfpedive  times  ,  were  praife- worthy  •,  yet  none  of  them  came  up  to 
the  pattern  in  the  Mount,  on  which  Mofes  his  face  glittered  to  a  transfiguration,  and 
admirablencfs,  hardly  confident  with  Manhood.  For  God  who  had  provided  him 
fuch  a  Nurfe-Mo:her,  as  a  King's  Daughter  -,  fuch  a  Cradle,  as  an  A  rk  of  Flags,  and 
expofed  him  to  the  ruffles,  and  hazards,  of  mercilefs  Waters,  when  but  a  Babe,  onely 
able  to  cry  under  the  burthen  of  a  helplcfs  Infancy,  fhadowed  out  what  he  was,  in  time, 
to  be,  who  broke  out  upon  the  World,  through  fuch  a  Mill,  and  l  .loud  of  Dangers  j 
which,  when  difpelled  by  mercy,  evidenced  him  to  be  what  God  appointed  turn, 
Bx<r»A<Af  3)  /oftoStltK,  &c.  asP^j/o'swordsareofhim,  both  d  Law-giver,  an  Army- 
Leader,  and  a  devout  Sacrificer,  for  the  peoples  relief  and. 'apply.  Now  Mofes  being 
fuch  a  perfon,  is  the  example  preformed  to  the  Prmce  ,  and  aflerted  from  the  Holy 
Ghofl,  to  be  learned  in  all  the  Learning  of  the  Egyptians,  and  mighty  in  Veord  and  >« 
deed-  which  the  Holy  Text  fays  of  him,  not  as  thinking  thofe  miraculous  things  thac 
he  could  do,  worthy  him,  or  commending  them  in  him,  as  rbey  were  feats,  urn  the 
Egyptians  doted  on,  and  were  fuperftitious  about :  for  as  fufim  Martyr's  words  are, 
'Arabia.  $  \jm\khv<l,  &C.  they  were  but  fmaU  things,  and  not  propertocommmda  Pro- 
phet.Rut  therefore  the  Holy  Ghoft  idds,Mofes  Vvas  nighty  in  word  and  tn  deed  ■,  b».caufe 
eff  i>/liofi(.  fi*r  77ipi$At5#©-,  &C  htcanfe  for  thofe  fw»  exccllen  ies  Mofes  was  famous 
wit h  the  Egyptians.  As  then  the  Chancellour's  love  to  the  Prince's  proficiency  ■,  "fo 
his  prudence  in  the  choice  of  his  example,  to  that  end,  is  well-worthy  him.  He  (wife 
foul )  knew,  magnet  magna  decent , .  that  trifles  became  not  thofe  Eagle  and  ccelefttz'd 
fouls,  thatfteer  Princes,  which  Philip  of  Macedon  hinted  to  his  Son  Alexander,whotn 
he  found  playing  skilfully  upon  the  Lute  •,  Art  thou  not  afbamed  (  quoth  he )  my  Sen,  t» 
be  fo  skilful  a  Mujitian.  And  thence  Angles  he  out  to  the  Prince's  imitatiOH  this  Se- 
raphique  inftance  of  both  praecellencics,  A  man  of  Wifdom,  for  he  was  Legiflator  to 
the  ffVps  ■,  a  man  of  eminency  above  others :  for  though  they  had  other  Legiflators 
after  him,  yet  he  was  Maximtts  l,egiJlatorum,  all  their  Legiflation  wa's  after  his  mo- 
del.and  his  precurfing  them  :  yea,  and  a  man  he  was  not  of  yefterday,  who  rofe  malts 
artibus,  and,  in  the  declenfion  of  the  World,  to  be  a  Law-giver  ;  but  slim,  when  the 
Golden  A  ges  were  ■,  when  virtues  had  the  upper  hand  of  vices,  then  had  Mofes  the 
dignity  to  be  Maximus  Legiflator,  Synagoga  Dux  •,  and  fitly  fo  too ,  for  he  had 
what  Philo  fays,  all  Law-givers  and  Ghiettains  fhouldhave  KnyjuS^  r<u<  memndet-m 
tm ,   the  gift  to  excel  in  all  noble  endowments,  fuitable  to  his  place  and  ccca/tons. 

Mofes  is  then  here  mentioned  in  both  capacities,  both  of  a  Civil  Magiftrate,  and  a 
Martial  Conductor.  A  Civil  Prince,  in  the  excrcife  of  Legiflation  ■,  a  Martial  Leader, 
in  his  conduct  of  the  people  againft  their  enemies.  Synagog*.  Dux,  of  the  former,  not 
onely  himfelf,  in  his  books,  teftifies  •,  but  even  our  Lord  Jefus,the  truth  it  fe!f,who  puts 
him  in  the  parallel  with  himfelf:  The  Law  was  given  by  Mofes ,but  Grace  and  Peace  came 
£7  JefusChrift.;  and  in  another  place  yWo/kf  gavethemaLaw.  Yea,  the  JeVesjn  Reli- 
gion, in  all  Ages  of  the  Worldjiave  teftificd  of  Mofes,  as  their  Law-giver,  philo  Jnde- 
dus  writing  oi  Mofes  his  life,  calls  him  No^Si'toc  rav  Ul<uav,  &c.  as  the  Lawgiver  of 
the  Jews,  or  the  Interpreter  of  the  Holy  Law  to  the  Jews.  And  to  be  a  bare  Legiflator, 
is  to  be  prefumed  great  in  plate,  grave  in  years,  wife  in  counfel  •,  for  the  Antients  did 
ever  account  their  Law-givers  fecundi  Vii ,  and  never  took  Laws  from  any  Mouthes, 
but  thofe  which  were  extraordinarily  gifted  :  yea ,  if  it  were  reckoned  a  part  of  the 
policy  of  pnftine  Ages,to  acclamate  Laws,a$the  invention  and  bequeft  of  the  Gods  to  men% 
then  jure  thofe  that  Vtereinftrumental  in  their  Production',  were  none  of  the  loVpeft  of  the 
people,  butthe  bejl  andbraveft  of  them.  And  of  that  number  was  Mofes,Maximus  Le- 
giflator :  not  onely  becaufe  he  was  primus  &  primas  Legiflator ,  and  primum  in  uno- 
qreojuegenere  nobilifftmum  :  For  before  Mofes  gathered  the  people  into  a  polity,  they 
lived  in  diffufions,  fcattered  •  and  as  flieep  without  a  (hepherd.  But  Maximus  ,-is 
having  many  preparatory  endowments  to,    and  fuccefTes  in  this  Legiflation.     God 

that 


A  Commentary  upon  Fortes  cue. 

that  called  him  to ,  fitting  him  for  fo  great  a  Sphere,  and  making  him  adorn  the  Sparta 
he  had  appointed  him  to.  Ficinus  makes  three  endowments,  or  felicities,  in  a  Law- 
giver. Deum,fortunam,  artem ;  God  above,  fuccefs  about,  art  in  his  manageries ,  and 
conftitntions.  vhllo  the  Jew  ,  reports  Mofes  his  firft;  ftep  to  greatnefi  (.  yea,  and  to 
this  degree  of  it  in  Civil  and  Martial  Government)  to  be  his  apprehenfive  Infancy  ■ 
God  made  him  all  touch,  taking  every  fparkle  of  illumination  that  was  {truck  into  him 
from  his  puifne  inftitution.  The  Hebrews  ftory  ,  that  one  day  being  at  play  with  the 
Crrfwn  of  fharaoh.he  threw  it  on  the  ground,  and  afterwards  trod  upon  it :  the  King, 
and  Spectators,  took  it  to  have  an  ominous  prefage ,  and  the  jealoufie  of  Pharaoh  medi- 
tated revengeof  the  fad:  •,  but  the  King  was  advifed  to  try,  by  fome  expedient,  condu- 
cing to  the  difcovery  of  the  rife  of  it,  whether  Malice  or  Chance,  and  to  forbear  rigour 
in  the  interim.  An  Apple,  they  fay,  was  on  one  fide  prefented  him,  and  on  the  other  a 
Coal  of  fire,to  fee  whether  he  would  choofe  •  and,  they  fay,  God  gave  him  fo  fubtile 
an  Infancy,  that  he  chofe  purpofely  the  Coal  of  fire,  and  would  have  put  ic  into  his 
mouth ;  which,  they  fay,  he  was  led  to  do,  to  fhadow  the  former  Inftind,  and  under 
the  notion  of  a  Child,  to  ferve  himfelf  for  his  future  Exploits  ;  and  the  Sages  told  the 
King,  that  there  was  no  reafon  to  put  to  death  his  Daughters  adopted  Babe,  for  an  ad 
of  pure  fimplicity.  for  being  in  Egypt,  and  the  Egyptians  having  Gm^philofopheis 
amongft  them ,  whom  they  had  leured  to  them  by  reward  ^  Mofes,  fays  he,  by  an 
JL/iMex*.  <&v<tw(,  an  aptnefs  of  nature,  ftole  all  their  Arts  from  them  upon  the  firft  in- 
fight,  and  impartment  of  them  :  fo  that  what  other  Lads  were  years  in  learning,  and 
then  but  imperfectly,  at  laft,  obtained,  Mofes  learned  in  a  trice,and  that  exquifitely, 
ultra  quam  non, making  good  that,  ?rew>*  $  at  (uyaxdi  fvem ,  &c.  fb  excellent  Wits  learn 
Art sf  hat  they  add  to  them  by  learning  ofthem.So  Philt. 

Another  ftep  to  Mofes  his  funds,  was  his  marriage  to  fethros  Daughter :  If  wee'l 
believe  Philo,  for  God  fayes  he  bringing  Mofes  into  his  Father-in-Lawes  houfe  j  Who 
•  as  a  Prince  and  Prieft  had  plenty  of  all  things,  and  efpccially  of  Cattle,  Mofes  having 
committed  to  him  the  Government  of  the  Caftle,  *&(  JiJb.n,»iAw©-,  *&t  -dui 
iyifioi'itu ,  vas  made  more  aft  thence  to  rule  men ,  as  acquainting  their  infpeftors, 
which  thofe  obfervationt,  vigtlancies,  and  difcreet  demeanours  which  Will  be  ufefull  in 
greater  charges.  But  thefeand  fuch  like,  are  but  the  lc£s  eminent  fuftres  of  Mofes  his 
Additions  ^  that  which  makes  him  maximus  leg> [(liter  was  his  miniftration  to  the  Moral 
Laws  Promulgation,his  Sandification  to  hisimploymcnt  Magiftratique,  by  being  in  the 
Mount  w;th  God^o  days,and  his  knowledge  of  the  mind  of  God  in  all  the  latitude  of  his 
Commifiion,and  his  fidelity  in  doing  every  thing  according  to  the  precifenefs  of  bis  En- 
truft,  which  Ciod  rewarded  with  fuch  a  reverence  from  the  people,  that  as  he  was  juft 
to  God  and  Men  ,  fo  was  God  a  zealous  aflertor  of  his  worth,  and  an  exiter  of  the 
people  to  an  eternal  Honour  of  him,  and  of  his  Memory  in  all  Generations,  and  his 
Laws  paramounted  all  other  Law  in  that  they  abode  theteft  and  terrour  of  Conqueft, 
and  remain  to  the  Jewes  in  Nation  and  Keligion,  the  fame  that  they  were,  even  to  this 
day.  Yea,  as  when  he  lived,  he  was  the  peoples  Oracle  from  God,  and  Orator  to 
God,  a  favorite,who  by  the  fpcl  of  his  faith  could  charm,  as  it  were  ,  with  reverence  I 
write  it,Ommpotencc,  and  bind  the  Almighty  to  peace  with  his  people,as  God  himfelf 
intimates  in  thefe  words,  Let  me  alone  that  I  may -flay  this  people  :  fo  when  he  was  dead 
God  concealed  the  place  of  his  buryal  to  hinder  their  Idolatry,  for  furely  they  would 
have  been  fuperftitious  to  his  memory,  and  ereded  an  Altar  near  his  grave,  that  was 
fo  real  a  numen  to  them  when  he  lived,  and  this  God  knowing,  prevented  them  by 
concealing  it,  yet,  I  fay,  this  Mofes  fo  adored  by  the  people,  andfo  vidorious  in  the 
Condud  of  them,  did  render  himfelf  Maximus  leg  Jlator  by  hisfelf-denyal,  he  made 
no  family,  he  gathered  no  wealth,  he  commenced  no  regality  from  this  advantage,  but 
ferved  God,  and  his  charge,  leaving  the  compenfation  to  the  iflue  of  God's  appoint- 
ment. He  looked  more  at  God's  glory ,  then  his  own  greatnefs; 
at  the  peoples  peace,  then  his  Progenies  preferment-  and  when 
God  revealed  to  him  he  mutt  die,  introduced  no  Son  or  Creature 
of  his,  whom  favour,  not  virtue,  fitted  to  fucceed  him  ;  butge- 
neroufly  ,and  juftly,  deputes  J  fh»ah,  one  parted,  and  graced  lui- 
tably  to  the  Office  he  admits  h;m  to,  and  him,  full  of  the  Spirit  of 
Wifdom.     He  charges,  in  the  fight  of  all  Ifrael,  to  be  ftrong,  and 


*3 


Coax- in  lit.  /,. 
De  Legib.Pla- 
ton./Mji.  *xd 
Moles  had  then 
M. 

Gaulmyn  in 
tfere  E.abinice< 
DeVita  8c 
moite  M«fis, 
f.  lo.firc. 

Joleph.Antiq. 


Li4.De  Vita  Mo- 


Gaulmyn,  f.  *t. 
De  Viia«e£-  tmrtt 
Mofis. 


TV*  J*  t»7i? 
/mvv  QiCcuct, 
etaa.\dj]ett 

&cc.Philot 
lib.2.De  Vi- 
ta Mofis, 
p.  6^6. 


1)1  T)tmi  in  rebiu  infirit  rebut  pftcrtnndis  nan 
J**,  fed  nostra  caufn  ngit,  it*  &  vicariut  «- 
jut  Pnnctpi  Dtminnm  jitmn  imitntm  .  ajiud 
quern  omnium  ettfionum  jmrum  rationem  red- 
den debet,  turn  de/e  pertnhlati.  fed  di  ton 
"Keijiub  universe jaUaiui  efft  delet  HopjJCtus, 
lit.   De  Inftitur.  Frineifii. 


of 


24. 


Ha  mil. 4.  in  Hex 
amcron. 


Lib.uci.Sum. 
D«  EccleGa,  - 
Lit  t.  DeVita 
MoCs,  J.6+0. 


W.De  Clieiu- 
bim.p  lit. 


Lit.l.f.  tit. 

i*X«Gaulmyn, 

W.DeVi  a  & 
Metre  Molis, 
tlftvt. 


Anriq.  Judaic. 
*fc.3.«.u. 


A  Commentary  upon  Fortescue. 

of  good  courage  5  yea,  and  a$  a  Prophet,  affures  him  God  will  be  with  him  •,  as  it  is, 
Strut .  xxxi.  6,  7. 

iSo  that  Mofes,  all  things  confidered,  was  rightly  termed  by  our  Text-Mafter,  Ma~ 
ximm  Legtflater,  no  Law- giver  before  him  ;  no  Law  like  his  in  duration  ■,  no  Juihce 
fo  unfpotttd  as  his  |  no  Jufticer  fo  venerated  as  he.  The  Friend  •,  nay,  in  a  fort,  a  fel- 
low-Commoner with  God  ( as  I  may  reverently  write  it )  at  the  Veb  on  the  Mount  -t 
or  rather  the  Majler  of  Requtfts,  admitted  near,  when  all  were  to  keep  off  ihe  Mount. 
Infum,  Mofes  was  prefigured  Chrift  ■,  not  onely  as  all  Types  were,  but  as  he  moftly, 
ifnotfolcly,  was  in  the  Office  of  Ecclehaftical  defpotiquenefs,  and  indifputablc  Legi- 
flation. 

Hitherto  we  have  feen  him  in  the  Temple  as  the  Corner-ftone,  and  Earthly  Maiter- 
Builder  of  the  Sanhedrim,or  Church-F  abrietue :  Now  let's  confider  him  in  Tentorio,  as 
a  Magiftrate  Civil,  SynagogaDux,  that's  a  Leader  of  the  People-  for  ni^ay*  fgni- 
fies  any  Convention  of  People ;  yea,  the  very  atttu  CongrtganditecaWz&awt.ycLyiii; 
ioThucydides,\\b.7.,a(a  <n/r*y<B>»*,«Mn*,and  St.  BafilciWs  Cumulus  acervus  mva.- 
ymyh  :    fo  Alexander  Aphrodxfans  calls  plenty  of  milk  ovittyay*  tk  >**<**]©-. 

Bezjt,  indeed,  upon  the  Tenth  of  Matth.  17.  where  mention  is  evviSfiat  xj  ov*&y&- 
ym,  makes  a  diftindion  ;  the  ovv'*J)>ia,  he  fays,  are  gentium-,  the  nms-yoym  fudao- 
rum ,  but  ftill  he  agrees,  that  the  word  <nv&yZy<Lbgn\hts  a  collection  ■,  andfo7«>-- 
recremata  confirms  it :  fo  that  Synagoga  D**,is,but  in  Fhik's  words,  iryipZv  top  tfycuoy 
Leader  of  the  Hebrew.  And  that  this  he  rotorioufly  was,  the  Holy  Text  attefts  fre- 
quently :  For,bef:des  God's  miraculous  endowment  of  Mofes  ,  to  convince  Pharoah 
of  his  meflage,  for  the  People's  enlargement  out  of  Egypt ;  upon  which  accompt  he  is 
called  to  St'iph* pvt^Hc,  &C  the  Friend  ifGodin'tiattdintheHtlyMyfliries.  Cc(f 
made  him  the  People's  General  too  in  the  Wildernefs,and  at  the  Rea-Sca  \  yea,  after 
all  to  Canaan :  for  he  it  was,  that  brought  them  to  that  promifed  Land,though  he  him- 
fclf  entered  not  with  them  into  it.  Happy  Jfnult  that  had  fuch  a  Prince  as  Mofes,, 
Faithful  in  all  Gods  houfe  ,  loving  tt  all  Gods  peop'e ,  vfi<  nifl*  in**",  &c.  as  Ph  lo's 
words  are,  a  circumfpeft  man,  equally  virtuous  in  [mall  and  great  affairs,  not  greedy 
of  gain,  not  thirfty  ofapplaufe,  but  intent  onely  upon  great  advantages  to  God,  and  the  peo- 
ple, and  leaving  the  lejfer  praliitjues  to  louver  minds.  This,  fhortly  was  Mofes.  Thus 
happy  was  lfrael  ■,  yea,  and  thus  happy  a\(ovias  Mofes  in  lfrael  ,  God  accepted  his 
integrity,  and  rewarded  it  with  a  renowned  life,  and  a  lamented  death.  'T is  from 
the  wifdom  of  the  World,  that  men  ftudy  rather  to  be  great,  then  good  ;  fortunate, 
thenhoneft.  That  heart  which  is  liquored  with  grace,  and  ha's  the  tinfture  of  God 
on  it,  will  (land  upright  in  the  Circumvallations  of  Temptations :  S'urceiTes  and  power 
cannot  palliate  lawlefs  liberty ,wbere  Gods  fear  denies  it.  To  deal  deceitfully,  and 
take  men  in  the  fnares  of  their  credulity,  was  no  practice  of  Mofes  the  Chieftain  of 
lfrael,  Gods  Friend.  For  though  Mofes  was  fole  in  power,  yet  is  he  no  oppreffour  of 
the  people  :  No  Lord  over  them  againft  their  wills,  and  to  their  out. cry  •,  but  bears  * 
with  their  Murmures,  fympathies  in  their  grievances ,  watches  to  prevent  their  an- 
noyance, buries  his  own  luftre,in  the  reputation  of  well  defcrving ,  and  ha's  no  other 
Monument,  then  their  Memories,  in  their  Generations,  and  Gods  entry  of  his  merits 
on  the  Record  of  his  Scripture.  And  hereupon  Mofes  being  fo  Unpaiallct'd  a  Magi- 
ftrate,  may  well  be  the  example  of  the  Prince,  to  learn  both  how  to  govern  artlily  and 
martially  ;  yea,  and  have  a  cogency  on  the  Prince,  multo  fortius  Cafare.  Tor  fince 
Mofes  was  no  foft  and  trim'd  Gown-man,  onely  as  fome  are,  who  yet  do  more  by 
counfel  in  their  studies,  then  Armies  do  in  the  field  by  a&ion,  undifciplined.ard  um.d- 
vifed,  but  a  valiant  Warriour,  as  not  onely  his  own  Books  declare,  but  as  Jofephnst 
by  tradition,  reports ;  infomucb,  that  when  the  Ethiopians  invaded  Egypt,  and  the 
Oracle  dire&ed  them  to  have  their  Armies  led  by  an  Hebrew  Captain,  to  ftop  their 
progrefs.  Which  being  obferved.  and  Mofeschokn  for  the  man,  and  he  fomira- 
cuioufly,  and  manually  doing  it,as  Joftphus  at  large  relates. 

Our  Chancellour  had  high  reafon,  to  urge  this  example,  rather  on  the  Prince  then 
Julius  Ca^ar's,  btcaufe  more  energical  and  potent  j  more  bold  and  fuperative  in  the' 
nature  and  proper  operation  of  it.  For,  alas !  Julius  Cafar,  whiih  1  luppofe  he  may 
obliquely  reter  to,  in  regard  he  was  a  Temporary  Mafter  of  the  Wtftern  World,  ha- 
ving fubdued  Germany,  Gaul,  and  Britain,  and  dreamed,  he  was  uniting  the  Empires 

of 


A  Commentary  upon  Fortes  cue.  2; 

of  Heaven  and  Earth  together ,was  but  a  little  time  Lord  of  chofe  Conquefts,  obtained 
them  by  blood  and  oppreffion,  and  of  them  had  far  lefs  then  Alexander  had  atchieved, 
before  he  arrived  at  Cafar's  age :  yea  ,  what  Cafar  had,  he  held  with  Troubles  and 
Confpiracies,and  at  laft  paid  his  life  for  the  revenge  of  his  affectation,  wherein  the  Se- 
nators were  Affaffines,  and  the  Capitol  the  Slaughter-houfe :  nor  did  Cafar  obtain 
ever  after  fuch  a  Marble  of  himfelf  by  the  largefs  of  Pofterity,  as  Conftantine  the  Great 
had,  £H*pd  inftinllu  divinitatts,  mentis  magnitudine  ctim  cxercitufuo,  tarn  de  T)ranno 
eiuam  de  omni  ejusfatliene,  uno  tempore,  juftis  Rtmpubl.  ultus  eft  amis.  No  fuch  Trophy 
to  his  memory,  but  a  tacit  reproach  of  his  practice,  in  the  lnfcription  under  Brutus  his 
Statue  in  after-nmes,««»*w  »»»«■  vivtres  ;  Cafar,  I  fay,  was  potent,  but  cruel ■,  pre- 
valent, but  injurious ;  and  this  made  him  execrable,and  envyed.  But  Mofes  was  an 
Heroick  that  might  have  had  what  he  would,  God  in  wrath  would  have  extirpated 
Jfrael,  and  multiplyed  Mofes into  a  great  Nation  :  but  Mofes  interpofes  with  God, 
and  mediates  for  lfrael  •,  yea,  was  contented  to  be  onely  what  God  cut  him  out  for, 
and  general  good  would  quietly  permit  him  to  be. 

And  herein  he  was  himfelf/orfior  Cafare,  and  his  example  ought  to  invite  more  ir- 
refragably  then  Cafar 's  did,  becaufe  Cafar  could  not  deny  himfelf ,  taking  what  was 
takable  by  him.  Nofoonerhad  the  Common  wealths  divifions  weakned  oppofition 
agamft  him.cvery  potent  Patrician  {landing  firgle,  and  the  union  of  them  refrafted  and 
fubdivided  into  inconfiderable  nothings ,  but  Cafar  puts  in  for  the  whole :  No  Re- 
conciler he  ■,  for  then  he  had  been  felo  propofiti,  but  a  fubtile  tent  rather  to  keep  the 
Wound  open,  till  at  laft  he  and  his  party  marched  in  at  the  breach,  Viftors  5 .  and  when 
he  was  in  poiTeffion,  then  he  wins  thofe  by  love,  that  would  be  made  loyal  by  it ,  and 
deftroys  thofe  that  were  implacable  ;  and  in  this  he  did  in  his  Generation  wifely  :  But 
Mefes  had  leave  to  chufe,and  refufed  •,  might  have  been  the  Prince,  but  continued  Mill 
the  Captain  oi  lfrael ;  yea,  when  Fame  furrounding  his  aftions,  and  confolidating  the 
People  to  him,  rendered  him  more  then  probable,  lure  not  to  be  defeated  of  their  Ac- 
clamations.and  complyings  with  hiseftablifhment,in  all  this  croud  of  tryal,which  bulges 
and  fwallows  down  ordinary  mens  continencies,and  ingenuities.  Mofes  ftands  firm  to 
his  veracity,  and  therefore  in  all  things  excels  Cafar,  as  a  prince,and  a  Souldier :  yea,  if 
fuflinianfiom  whom  our  Chancellour  cites  the  pre-alleadged  Pofkion,  be  the  proper, 
Cafarpe  means  ;  yet  Mefes  will  ftill  be  more  fwafive  with  a  good  Prince  then  he.  fw 
ftinian  did  but  employ  his  Trebcnian  ,  to  colled  the  Laws  of  other  men  famous  in  their  in^Jfirm^u^ 
Ages,  that  is,  to  bring  them  into  a  body,  and  to  render  them  ufeful  to  all  occafions,  of  <%'/»•>•*»  <*« 
juftice,and  accommodation ;  and  in  this  work  was,  though  famous,yet  fallible.  But  Mo-  ^om'1' p 17>  $t 
fes  was  taught  of  God  to  know,  and  approved  of  God,  to  practife  the  right  duty  of  a 
King/*  utrccjue  Cafar.  And  that  this  is  fo,  the  teftimony  of  the  feventeenth  Chapter 
oi  Deuteronomy,  the  eighteenth,  nineteenth,  and  twentieth  Verfes  following  will  dc- 
monftrate, 

Audit  fhaR  be, when  he  ptteth  upon  the  Throne  of  his  Kingdom,  that  hejhall  write  him  a 
Copy  of  the  Law  in  a  Boole^,  out  of  that  which  is  before  the  Priefts,  the  Levites  •  and  it 
Jha/l  be  With  him,  and  he  JhaH  read  therein  all  the  days  of  hit  life,  that  he  ma]  learn  to  fear 
the  Lord  his  God,  to  keep  all  the  words  of  this  Law  ,  and  thefe  Statutes  to  do  them  -,  That 
his  heart  be  not  lifted  up  afave  his  Brethren,and  that  he  turn  not  a  fide  from  the  Commande- 
ment,te  the  right  hand,  or  to  the  left ;  to  the  end,  that  he  may  prolong  his  dap  in  his  King- 
dom, he  and  his  Children,  in  the  midft  of  Ifrael. 

Which  words  contain  two  parts,  Ailio  and  finis  •,  the  King's  Action,  Hefiall  Verite 
him  the  Copy  of  his  Law  in  a  Book,,  which  is  befcre  the  Priefts, the  Levites ;  anditfbaH  be 
with  him,  and  he  Jhall  read  it  all  the  days  of his  life.'  And  then  the  King's  end  in  this  as 
prefcribedby  God,  That  he  may  learntofear  the  Lordhis  God;  to  keep  all  the  words  of 
this  Law  ,  and  thefe  Statutes  to  do  them.     This  is  the  Analyfe  of 

them,but  not  to  be  paffed  over;  for  thoughl  wave  the  Rabbinique     Tradm  judxi  cirtahmciimm.<pkr*twnt. 
conceits,    that  this  Law  contained  fix  hundred  and  thirteen  Pre-     J^S^fcT^SE 
cepts,three  hundred  fixty  five  affirmative,  the  number  of  the  days    dm.  Fagius  >»  loc.  Unmu  aifo  tepioachei 
of  a  year,  and  two  hundred  fourty  eight  negative,  according  to     «i>ej«w  fortius  out  of -*«»/?«•• 
that  computation  they  had  of  the  joyncs  in  man's  body,  which  they 
perhaps  conceived  the  King  was  to  be  remembred  of ,    that  he  might  know  his  life  con- 
iifted  of  days,and  his  body  of  joynts,which  might  foon  be  fevered  from  their  contribu- 

G  tion 


i<5 


Stttim  mm  rijui 
fttnutnu   Ltftm 
dtfcribtU  fttltr 
illtmjuim  fri- 
vaut  dtfcrifferit 
m  uiulligtt  ft  ai 
tiftri  annum     It  ■ 
git  tb/friBurtm 
fmitu  tffi.    g». 
|i'a>  »  Locum. 


Dtferibi  Cnrthit, 
V.  It.  Hsitbat. 
cMtmttftt  R.  S 
duos  litres  Itgii 
unum  qui  rcpiji- 
tut  aifirvaiatur 
in  urehivii,  tr 
tlium  autmfecum 
fortatat.  Drufius 
»Loc. 


*e;  17. ».  1  j. 


A  Commentary  upon  Fortes  cue. 

tion  to  life,and  government  adted  in  it.  To  omit  thefe,and  fuch  conceits  winch  learned 
men  have,  the  Holy  Gholl's  drift  is  ,to  teach  us :  Firft,  ihe  order  of  God's  difpenfation 
to  Ma  jefty.  He  firft  gives  them  a  Throne,  and  fettles  them  in  it  •  fo  'ris  their  nghr. 
And  then  befall  write  him  the  coij  ofthit  L*w.  Princes  duties  in  their  Oatlis,  Exam- 
ples, and  Rules  of  Reftraint,  are  fubfequent  to  their  Titles,  not  to  puff  up  Princes  in 
a  contempt  and  dilefteem  of  their  Subje&s,  whom  becaufe  they  depend  not  upon,  they 
may  ufe  as  they  lift ;  but  to  leflbn  Subiefts  to  look  on  Majefty,  as  God's  Vicarage,  no 
Creature  of  theirs  •  Firft,  he  is  feated  in  his  Throne.then  minded  of  his  Duty. 

Secondly,  the  obligation  of  Princes,  as  they  arc  Deofubditi,  and  vice  Dei  regmntes, 
Firft,  to  endeavour  their  own  accomplishment,  in  this  literal  Prefcnpt,  to  be  able  to 
write ,  that  they  may  write  this,  that  God  commands  them  to  rivet  on  themfclves  by 
fuch  means.  I  confefc,  poflible  it  may  be,  that  a  Prince  may  be  letterlefs,  hate,  and  be 
wholly  ignorant  of.  letters.  Some  have  been  fuch  ,  and  fuch  not  unworthy  Princes  in 
their  actions :  For  that  their  Memories  being  vaft,  and  their  Pafllons  keen,  as  by  the 
latter  they  might  be  impatient  to  write,as  well  as  impotent  ifo  by  the  former,  poflible 
to  reap  the  fruit  of  writing  without  writing  ■,  and  the  Spirit  of  God  not  fo  much  look- 
ing at  writing,  as  the  means  •,  as  at  remembring  to  do  the  end :  I  confefs;  'tis  poflible 
much  of  the  mind  of  God  may  be  here  obferved  by  Princes  void  of  letters :  but  yet  in 
that,  Writing  is  the  probableft  way  of  durable  fixing,  and  the  Holy  Ghoft  fpecially  en- 
joyns  it,  it  were  good,  nay  beft,  the  letter  of  this  Scripture  fhould  be  obferved,  that 
thereby  Princes  may  know  the  Laws  of  God,and  of  their  Government. 

Secondly,  in  writing  themfclves,  not  by  Secretaries,and  other  hands,then  their  own- 
but  in  their  own  Charafters,the  Book  of  the  Law  •,  that  is,  a  Copy  of  the  Autographon] 
that  lies  with  the  Priefts  of  God^and  that  fo  written  under  their  own  hand,to  deliver  to 
the  Prieft  to  be  keptjnterfacra  D«,as  God's  evidence,  figned  and  fealed  by  him  againft 
himfelf;  if  a  violator  of  it,  and  the  counterpart  thereof  to  have  from  the  Prieft,  figned 
by  him,as  the  Charter  of  his  pra&ife.  This  I  conceive  is  the  meaning  of  the  Text,  and 
£ori»»/isofthefameopinion,thougblknowothersthink  the  contrary  ;  becaufe  'tis 
faid,  it  (hall  be  with  him,  which  his  Copy  delivered  to  the  Prieft ,  they  fay,  cannot  be. 
C a  jet  an  reads  th\$c\iak,Stribct  fibi  emendationem  legu  hujus  accipiens  exemplar  a  Sacer- 
dotibus  Lcvitic*  Tribus,  de  extmplo  opt\mt,'.tiam  punUis  &  lineament  is  emendato  ad  dif- 
fer entiam  vulgarium  librorum  in  eiuibus  lex  nonexaUe  Scribitur ,&  ut  ad  amuffim  fcribe- 
retur  exemplar  afactrdotibus  habendum  fuiJfe.AndFonfeca  follows  him,adding,that  pro- 
bably this  exemplar  with  the  Priefts  was  that,  which  Mtfts  wrote  •  out  of  which ,  the 
Book  found  by  the  Prophet  Helchia,  in  the  Reign  of  fofiah,  was  written.  But  I  ra- 
ther conceive  the  former  (  yet  with  humble  fubmiflion ,  yea,  and  without  exclufion  of 
the  latter  )  becaufe  I  fuppofe  thereby  the  greater  and  ftronger  teftimony  lyes  againft 
the  King,  in  cafe  of  violation  by  oblivion,  fince  as  the  Gofpel  fays,  Out  of  thy  own 
mouth  will  I  judge  thee  y  thou  wicked  Servant,  andperverfe.  So  from  thine  own  hand 
may  God  fay  to  Princes,  fhall  jour  fins  be  proved  and  reproved,  Ofteudam  digit  urn ,  & 
debitum,  God  marfhals  then  our  faults  effectually,  when  Reafon  condemns  the  viola- 
tion of  Religion. 

Thirdly,  in  reading  what  they  have  written,  and  that  not  once,  but  often  ;  but  al- 
ways where  duty  renews,memory  of  it  muft  be  renewed  •,  therefore  we  write  that  we 
may  read  -,  therefore  read,  that  we  may  remember.  To  write,  and  not  to  read  ■,  to 
write  on  the  Sand,  or  in  Air,  or  Water,  is  to  write  in  (hew,  but  not  in  deed  ;  for  all's 
loft  that's  fo  trifled :  thofe  fufile,  and  unliable  Elements,  are  not  adopted  to  tenacity, 
and  therefore  are  not  the  grounds  ou  which  we  write.  Men  write  on  Tables,  Trees, 
pilIars,Parchments,Papers,Metal,andon  thefe  they  are  legible  thoufands  of  years,  even 
from  Mofes  his  time  till  now,  above  fix  thoufand  years  •,  whereas  then  the  Prince  is  to 
write  j  'tis  to  write  librum  e  libre,  the  Copy,  as  the  Original.  Cajetgn  makes 
four  fruits  of  his  reading.  Firft,  Vt  Deustimeatur.  Secondly,  Serventur  Icgisprs- 
cepta  omnia.  Thirdly,  Non  elevetur  cur  ejus  fupra  alios.  Fourthly,  Prorcgetur  imm 
ferium  Regis  &  filiorum.  God  commanded  tne  Law  to  be  written  that  it  might  be 
read,  and  Princes  are  commanded  by  God  to  write  the  Law,  that  they  may  read  it  or- 
ten,and  affectionately , with  refolution  to  do  it  at  all  times,  in  youth  and  age,  in  profpe- 
rity  and  adverfity,  in  Ifrael,  and  in  Captivity,  and  in  all  latitudes  of  impartiality,  ac- 
cording to  the  direft  and  pat  requiry  of  it. 

And 


A  Commentary  upon  Fortes  cue.  %j 

And  then  laftly,  he  mu ft  read  it  with  a  refignation  ofhimfelf  to  the  power,  and  a 
refolution  in  himfelf  to  the  practice  of  it.  For  fo  much  onely  we  know  ar.ghr  as  we 
praAife  accordingly , That  he  may  learn  to  do  all  that  is-  commanded  therein  ;  that  is,  that 
knowing  God  Jie  Commaudtr,  and  all  things  accumulately,  and  copulatively,  his  com- 
mand •,  and  himfelf,  though  a  Prince,  not  exempt  by  Prerogative  from  his  duty,  may 
with  a  ready  Will,and  unalterable  Refolution,  perform  the  Duty  ena&ed  by  ic.  This 
iginfhort,  the  fum  of  this  Claufe,  of  which  yet  our  Chancellour  has  a  quotation  more 
fucdnft  in  the  fubfequent  words , 

£tud  exponent  Helinandus,  dicit,  Princeps  ergo  non  debet  efe  juris  ignarus. 
This  Helinandus  was  a  French  Monk  of  the  Order  of  the  Cltmiacenfes,  he  lived  about  pofleninti »» 
the    Year,  1200.     and   Poffcuinas  fays   he    wrote  many  things,  as    fourty eight  Appatatu  sat™. 
Books  of  the  Hiftor'y  from  the  Creation  •,  of  the  reparation  of  lapfed  man  one  Book  ■  ^smcbIo  h«- 
Serraonss  Epiftles,  &c.  Vincent  ins  Beluacenfts  alfo  writes  of  him,  where  in  his  works  fteriait.  m.  i0.    . 
thu  palTage  is,T  know  not  •    nor  indeed  have  I  ever  feen  the  Authour  -,  but  that  it  is  in  '•  "*' 
them,  is  more  then  probable.     And  his  Expofition  olMofes  his  Directory,  I  take  to  be 
very  genuine  and  nervous.fuitable  both  to  the  Holy  Ghoft  s  intent,andhis  amanuennVs 
Language.     For  a  Prince  being  caput  Regni  &  legum,  ought  to  have  in  him  thofe  vital 
and  animal  accomplifhmenrs,  that  may  in  the  nobility  of  their  diftnbution,  fupply  all  ^**T*/J'" 
the  dependents  on  him.     For,  ns  where  there'are  corporal  defects,  and  monftroiity  of  Kxflvi.  *sen«. 
par.s  in  them, they  are  thence  leiTened  in  the  World's  eyes,  and  do  all  things  with  much  lib-s-  *"»/•  *•« 
difcidvantage ;  fo  much  incommodated  are  they  from  their  minds  plebeitv.     It  was  a  Ai  lf'c'""v,n 

■  /»    •  r*     1  •  it         jm  COntpOnttt     MU' 

fawcy,and  infolent  Satjri  or  the  Antients,  Rex  itliteratus  eft  a/tuns  Coronatus  :  but  yet  mnm,  &  <tum  1,1- 
it  has  the  truth  of  that  Moral ,  That  Kings  unlearned  are  unlike  themfelves.     Not  Gods  "$*m  f"!"-. 
defcendedinthelikenefsofmen,  but  Kings  defcended  from  the  beft  and  moft  confpi-  pt»LL 
cuousofmen    to   be   their    vaflals    cenfure,  and  the  diminutions  of  the  very  bruits  »'»»;**«»«"•.  >* 
of  people.     And  therefore  Philip  had  good  reafon  to  blcfs  the  Gods,  that  his  Son  Zm'hn!"  " 
Alexander  was  born  to  be  bred  under  Ariftotlc,  becaufe  there  was  great  probability, 
under  fo  nobleInftitUtion,he  would  become  worthy  his  Father,and  Tutor.  For  Parents 
generate  their  Sons,  men  in  nature,  and  to  be  fuch  in  Title  as  they  themfelves  are  •  but 
Tutors  form  them,  to  be  worthy  and  virtuous  men,  by  good  Pre- 
cepts, and  lovely  examples  of  virtue  prefented  them.    And  hence'  Exi"  vtmqmfam.  %««. «.«  «»<  9»t 
it  is,  that  next  divine  grace,   fol.d  and  rational  Internals  fre-     t£l3&£S3E&£iS£ 
quendy  a&uated  in  Affairs,  according  to  the  limitations  of  Reli-    /<<<«<  <j«<  w*d»ant,  ^  cum  d,xlrm  ^nU 
gion,the  nature  of  times ,the  coincidence  of  circumftanccs,  and  the    Wm^**nt^tl?f**<****l**- 
Laws  of  Refpeftive  Governments,  declare  Kings  Kinglyly  qualified.     For  knowledge  *?**?  »«•»• 
of  duty  conlifts  not  wholly  in  the  Theory  of  theirNature.but  in  the  maturation  of  their  f"{^iu"'cmfii. 
Conceptions,  to  a  fubferviency  to  their  end.  And  therefore ,  though  Kings  may  have  »»«  •»'  firm*** 
lets  proportions  of  fpeculative  abilities.not  fo  clearly  defining  and  canvaffing  of  Juftice  C^'„'^M^' 
and  Courage,  as  profelTed  Do&ours  in  Artly  Faculties  may  j    yet  they  do  ever  in  their  B.egui.  ' 
aims,  and  when  they  do  like  themfelves,  excel  them  in  the  nobleft 

import  of  Juftice,  that  is,  in  diftribntion  of  it  as  a  blcfljng,refulting     T,,Hm  MUm  >"'  ""$$'*  *•"  *?&*?***■ 
irom  their  Crown,  as,  the  Flos  Solis  which  is  enlivened  and  made     lib  2.  inftltuc. 
confpicuousbyit.     For  the  chief  end  of  Government  is  Juftice, 
and  chat  being  C««/?<w  (#*  perpetua  voluntas  jus  unicniaue  tribuen- 

ds,  which  refers  to  rfnon,  according  to  that  of  the  C.v.lians,  He    Z£&*fg*ZgZl 
is  not  jtifl ,11  hi  is  not  altivcly  fuch  in  the  difpofition  and  refolution  of-   Jur.  , 
his  mind  and  purpofe.     Princes  are  faid  to  be  knowing  in  the  Law 

of  their  Government  when  they  obfervc  Laws,    and  propagate  Juftice,  according  to  c"mUx'^"^ 
humane  poffibiIitic3,and  regal  prudencies-,  Rex, cum  fit  fudex,fententiam  diUurus affu-  ™*™n%t»r»*>vt- 
mat  ftbi  turn  prudent  tarn,  &c.     Since  the  King  is  Judge,  and  ai  the  living  Lato>  determins  i«t,Uipiamis.li(>. 
right  andrvrong,  it  becomes  him  to  be  prudent,  that  he  err  not  in  judgment  j  and]ufi,  that  jnnttil^  p"|'.. 
he  proportion  pumfbments  and  rewards, according  to  the  natures  of  the  atlions  they  refer  to, in  nis,  lit.pt  offi  • 
which  no  favour  or  affellkn  muli  be  (hewed,    th.it  fuliice  be  not  maimed,     faith  Petreius.  ejo  Judicw.. 
Now  becaufe  the  Law;  of  God  and  Governments  are  the  belt  Magiftenes  ol  Princes  in  ,4„d*iM  ,„»«•- 
this  noble  Craft .andheroick  exercife  of  Confcience,  the  Chancellour  here  puts  the  non  er"M^ncm"r- 
debet  upon  die  Prince,  telling  him,  that  whatever  he  pretermits,  this  he  muftnotdo,  '*"  paoius'X 
knowledge  of  the  Law  ■,   becaufe  without  it,    a  Ruler  cannot  be  juft,    a  People  not  be  ♦.«rfpiamiurt. 
happy,  a  Government  not  be  durable,  a  Governour  not  be  renowned.    The  Cabalifisf 

do 


18  A  Commentary  upon  Fortescue. 

do  hold,  that  Injufticeis  one  of  the  underminers  of  Thrones  and  that  Canker  that  eats 
out  the  vitality  ol  their  permanence,and  difpofes  them  to,  and  puts  them  into  Revolu- 
tion and  period  :    yea,     he  mud  needs  be  unnatural  to  his  good  name  and  perentuty, 
who  does  not  labour  to  know  Ins  duty,  and  perform  it,    as  rightly  be  ought,    fo  many 
Hi  i  ci  j  Hifto    being  concerned  hefides  himfelf  (as  in  cafe  of  Kings  there  are,)  and  in  the  rectitude,  or 
nx'sciavomin.     obliquity  of  his  actions.  Uelmodus  tells,  that  liar  aid  was  fo  famous  a  King,   Vt  Leges 
&  jura  flatuerit,  &c.     That  the  Laws  and  Statutes  he  made  were  for  the  reverence  of 
their  Maker  fa  venerable ,    that    both  the  Danes  andS&ZOns  retigiouflj  ebferved them. 
And  lince  him,  thofe  who  have  followed  moft  the  fteps  of  ferious  knowledge,  in  ftnd: 
Juftice,  have  been  moft  renowned.     For  as  to  be  a  man,  is  to  be  endowed  with  Reafon 
andUnderflanding-,    fo  to  be  a  King,    is  to  be  knowing  in  the  Law  of  Nature,  of 
Nations,   of    his    Polity,  has triafunt  omnia-,    and  in  thefe,  nin  debet princeps  effe 
Jgnarus. 
The  Law  of  Nature  is  that  v'^Q-  «#*«>©•  ,    that   which  is  implanted  in  all  Crea- 
tures.  T  his,  Corvims  fays,  is  coUeita  ex  praceptis  natural/bus,  &c. 
*a  mmii  trip*  &  frum,du  mi'fcnm     collctled  from  Natures  Precepts,  taught  by  Nature  to  all  Creatures '. 
r^n:"^:^:^";     Such  asare  Conjunctions  ofCreatures,  male  and  female,  for  pre- 
uguiijt,  tmxin>nfrtfta>interf,aHru,  &    fervation  of  their  kinds,    felf-prefervation,  and  all  things  incident 
mmMu  ,r,ui,i  6-  <^.ndcm  dc  ,.ndcu-     therct0  &c     Thefe  Laws  of  Natural  Policy  God  has  chafed  up. 

on  the  univerial  nature  of  the  Creation,  animal  and  lenlitive,  and 
the  Characters  of  them  are  indelible  :     the  World  muft  ceafc 
cotvinus.  m.  i.  when  they  ceafe,which  under  their  prime  caufe,are  the  means  of  its  continuance^  in  its 
cioGirpaniea  noblcft  end,  and  parts  external,  living  Creatures.  This  Law  of  Nature  fome  of  the 
a  i.  Tit.i.  e.      Learned  do  make  fourfold,  Lex  Mofaica,  infiinctus  natura,  jus  gentium,  jus  pratcri- 
$HodiM*rM,pM  mm      pojfevinus  makes  it  of  a  five-  fold  nature,  Natural,  Supernatural,  Mofaitjue,  D»- 
jpiud.'c^!f»"i  "vine,  Private.   Yea,    they  make  the  Law  of  Nature  to  confift  in  thofe  Precepts  which 
.  are  purely  good,both  as  to  doing  of  good,  and  avoiding  of  evil ;    according  to  that  rule 
oifufiin  Martyr,  i  tpCnt  <*'«  ttc/h  toc  tr/ipfpirar  to  fZ'uvror ;  and  in  another  place, 
Dym*.  «'">«  tI*  9u<t9  (MiJiv  it  "inx  «/«r.     Now  this  Law  of  Nature  being  explicated  in  the  Law 
S4£.t.ii«*.ii»  of  Mofes,  and  added  to  by  that  nomothetique,  and  defpotique  Authority  that  Mofes 
has,    as  the  *j»t®-  vtuiSi-mt,  (as  Diodorus  Siculus  tefhfies)  he  had  learned  from  the 
Gi*c°os?"»!"  "    Eg)?1'-'1*  Priefts,  as  the  truth  of  their  Tradition(as  Jufiin  Martyr  obferves.)TheLaws 
of  Nations,   of  what  kind  foever,   are  but  the  prudent  Extrads,  and  divine  Comments 
upon  this  Text  ■,  and  the  improvement  of  that  natural  Sagacity,  and    political  difcre- 
tion,   which  men  of  parrs,  place,  and  experience  exprefs    according  to  the  entrufts  of 
God  with  them.     And  this  being  in  all  places,  3nd  in  all  ages,   one  and  the  fame  in  the 
main.and  chief  tendency  of  it,  which  is  prefervation  of  juftice,  and  propagation  of  hu- 
manity in  all  the  emergent  and  occafional  branches  of  them,  which  diverfifie  and  fpread 
out  into  infinities  ,  as  men  and  things  dilate  and  increafe  ,   the  Learned  call  the  Law  of 
Nations,as  the  common  principles  which  correfpond  man  with  man,  jus  gentium ;  and 
tudius  m  Pan  -  this  is  defined  to  be  in  praceptis  &  communibus  notionibus  homini  peculiar  iter  infitis,  vi- 
deft*",r"' | j?  »»•  vindi  reflam  rationed*  ctntlnentibtu.     This  confifii  in  diftinftions  of  mens  Rights,  build- 
tvZ''-        '  ing  of  houfes,  erecting  of  Cities,  focieties  of  Life,  judgments  of  Controvcrfics,  War, 
Fomerius  in  U-  peace,  Captivity,  Contracts,  Gbligations,  Succeflions,  and  the  like ;   as  that  judicious 
DmT&SLva'  Gentleman  Sir  Thomas  Ridley  ha  to  my  hand  obferved.    Now  becaufe  this  Law  is 
borum.  the  fame  to  all.in  all  places,at  all  times  being  the  inland  of  humane  nature,  and  a  dona- 

V*Zd  Bcclcf'1    rV  °f  Gods,the  natura  naturans  to  the  natura  naturata  in  man,  therefore  'tis  called  the 
Law./'  u  Law  of  Nations,  fince  it  links  together  humane  Natures  ar.d  Societies  fo  firmly,  that 

Digdw*  i.  Tit  tnerc  is  no  unluting,or  difcementing  them,  but  by  a  ryot  and  fray  againft  the  peace  of 
jme^.j^s^sJ.  God's  primary  pofition  of  them:  nor  can  Wars  and  Animofities  juftafie  themfelvesof 
any  better  Origen  then  by  blows,and  monftrous  hears,againft  the  fcrene  and  juft  cogna- 
Fiorcnunus nt.i.  tj0f,^  an(j  ai]iance  of  man  with  man,  and  the  common  principles  leading  them  to  union 
doi'mm  fu"ri.  and  amity.  But  this  being  no«  the  ordinary  notion  of  jus  gentium,  I  proceed  to  ho- 
nour it  as  the  cuftOme  ar.d  obfervar.ces  of  learned  and  reduced  Politics ,  which  of  rude 
sl'cch'Jtn'iZii  are  become  civil ;  ofBthnique,  Chriltian^  of'difcordant,harmonious.  And  fo  by  the 
sTarCchu»"b<l  '  jm  gentium  tht  *  I  mperial  Laws  .ordinarily  called  the  Civil  Laws,  are  to  be  underftood. 
p. 's+.  of  his     tnc(c  being  the  Laws  of  particular  Conftitutions^yet  are  focompofed  by,and  conform- 

Alciatus  Brecht   &  Forncr  ad Itgtm  10.  p.z»,i».  CajV.M.i.  ln(Ht.c.».  O  geRMt.l.  Tn.i.p.  60, 

ed 


A  Commentary  upon  Fortes  cue.  20 

ed  to  the  Laws  of  Nations,that  they  are  deep  Channels  of  Juftice,  Wifdom,and  Varie- 
ty.and"  are  faved  in  the  opinion  of  the  plurality  of  civiliz'd  men.   Jus  civile  eft  quod  »e-  V}ti»n.ht  t.in-. 
que  intotum  a  naturalivel  gen'.ium  recedit,nec  per  omnia  ei  ftruit.Itaque  cum  aliquid  ad-   "),''"  i't  D's^' 
dimns,  vel  detratrimusjuri  communions  prcprium,    ideft,   Civile  efficimus,  faith  Z*'/-  Juilma  &  jure, 
pian.      Now  that  the  aforementioned  Laws  do  differ  in  the  objefts  they  refped,  the  *' si 
Law  of  Nature  fuits,  omnibus  quidem  hominibus,  fed  mn  felis .,    becaufe  it    takes  in  Fomerius  Dc 
bruits  as  well  as  men.    The  Law  Civil  agrees  with  men  onely,but  not  with  all  irien(for  Vimnm  figmfic 
that  we  in  England^xcA  in  other  parts,more  or  lefs,  it  is  excepted  againft  in  the  Exem-  ""'S*"  4j- 
ptions  and  Salvo's  that  are  allowed  againft  it )  but  the  Law  of  Nations  fuits  omnibus  ho- 
minibus  &  folis  ■,  and  the  Civil  or  Roman  Laws  being  the  ampleft  and  oldeft  Syftem  of 
humane  Laws,are  highly  to  be  valued,  and  fo  are  in  the  Empire,    Non  opporterejus  ci- 
vile Calumniari,  faith  Pan/us  ;     and  the  glofs  gives  the  reafon,  guianoneftpecunia-   uh.  t.  Fpitom. 
rium  interejfe^uumjit  intftimabilis  ftientia^.  1 19c.  in  marg.  p.  Dottior.  Alfini.n.Digeft. 

By  the  Civil  Law,    I  mean  the  Law  of  Nations  methodiz'd  and  collected  into  four  l'*wL'<£».'  ** 
Tomes. 

The  firfb  whereof  is  the  Bigeft  ad'gerendo,  or  Pandects,  from 
■**t<Ft%uuu,  containing  the  Works  of  twenty  feven  original  Law-     Budxusi»Pandefl,f.s«.  «toBafii,  isa*.' 
yew,  fome  of  which  were  before  Chart's  time,  and  the  reft  in  the     £f^nus  Bib;'othec-  SeUa- ui  fiMU 
Eropcrour's  days  to  Maximims  j  and  to  this  Tome  Juftinian's  In-       Noftrum  mum  ot/"»»««m»«i  g«<«  »». 

ftitU  tej  is  added  *"  ■D"  ^nnemt  c«mponmtr,Digcfli>riim,  vel 

-T-ur  1  4-  « *       1.  tit  -L^j-  Pmd,(far>>m  mmen  hibtre  fucmiu,  mills 

1  he  lecond  Tome,  or  Member  01  the  Law,    is  the  Code  xa    Sperms  in  p/imim  mdcmbui  ommema. 
Twelve  Books,  the  Refponfa  of  the  fifty  fix  Emperours,  and  their     «'«  •">  ***w»  "  vntifiutifM  frpr*. 

/-._  ir  Lr-  a  \    ■  n    n-    ■      »      •  diifi coduii  compendium   coufitndere.     Imp.' 

Council,  from  the  Emperour  Adrian  to  Juftiman  s  time.  Citfat  luft£aftt,  .»  c**i«n  lit.  ran- 

The  third  is  the  Authentiques  ,     im  i-ilvStvleiv,  proceeding     deaatamp.13. 
from  the  immediate  mouthes.  of  the  Emperours,  and  fo  being  of 

abfolute  and  unqueftionablc  Authority  .this  part  is  called  alfo  N<wf  &t,for  that  the  Laws   ^e^ff!" 
in  them  are  upon  emergencies  as  new  matters  occafioned  new  Remedies.  ub.<*.  c.i*. 

The  fourth  is  liber  feudorum,  it4t!«f ,  which  contains  Tenures  of  a  Military  Origin.    ^J1^1,  ^f  j' 
I  fuppofe,  fome  make  this  as  antient  as  Chrift's  time  j  others  later,  but  all  very  antient.   e.\\]i9'. 
Thefe  are  the  grand  Kecords  of  the  Civil  Laws,  which  are  artlyly  and  amply  expatia- 
ted upon  by  the  Learned  Doftours  in  that  Science,  who  truly  have  in  all  Ages  proved 
themfelves  as  great  Matters  of  Learning,  as  any  the  World  has  bad,  and  have  carryed 
as  great  a  fway  in  the  tranfa&ions  of  State  Affairs,as  any  other  Race  of  Learned  men  j    Lege  Impet  ju. 
fuch  as  of  old  were  77£.CVr«»  anus,  Publ.  Papjrim,  App. Claudius,  Claud,  (fentumna-    ftm.  A>/«».  De 
nus,Sempronis,  called  by  the  Romans  &  none  before  or  after  him  was,  2°?®-,  Sc-pib    f^^'^'%.,'. 
Nafica,  Mutins,  and  hundreds  of  others  -y   which,   together  with  their  equals  of  later    ««toib.  1. 
dite.fuch  as  £///>.  Bartclus,Zafius,  Alciat.  Hotteman,  Hopper,  who  all  of  them  in  the    y"ofine  jB. 
words  oiy/pian  declare  the  Civil  Law  to  be  that  qiudneque  in  totum  naturali  vel  gen-    „«,/  708 
Hum  recidit.necper  omnia  fir  nit  .Itaqtte  cum  aliquid  addimm  vel  detrahimus  juri  commit- 
mjusproprium,  id  eft,  civile  efficimus.     And  again,  Jus  autem  civile  cfi  quod  ex  legibtu^ 
plibifcitis^fenatHfanfultU^cretis  prin ipum,aullaritate  prudentium.     Thefe  are  fome 
of  thofe  Jura yihit  the  Prince  here  is  not  to  be  ignorant  in.  But  the  great  Chancellour, 
as  a  common  Lawyer  by  profefllon  and  preferment ,  has  another  kind  of  Law  to  ac- 
quaint the  prince  with,  as  he  was  fuppofed  by  our  Chancellour  to  be  rightful  Heir  of 
the  Crown  of  England,  in  which  there  was  a  peculiar  Municipt  Law.    pilia  temporis, 
mater  p4rir,frticJas  fapientia,  fulcrum  rcgiminis,    decus  regnantis  ;    grounded  upon  fix    ^^tr  Si  St/U. 
principal  grounds  :  Firft.the  Law  of  Reafon  :    Secondly,  the  Law  of  God  :    Thirdly,   lib.i.c*.  p.s. 
on  divers  great  Cuftoms  of  the  Realm  :   Fourthly,  on  divers  principles  called  Ma- 
xims :     Fifthly,   on  diver*  particular    Cuftoms :    Sixthly ,    on    Statutes  made  in 
Parliament  by  the  King,  and  by  the  Common-Council  of  the  Realm. 

Such  a  Law  as  that    Plato  defcribes   to  be  a  well-cohftitutcd    one  ,     t«  *VJ?«    tii.i.  DeLejib. 
'/^vuiioit,  dec.    making  the  Subjects  happy  and   blejfed  under  ,    and  fhining    at    the  p.  ni. 
fruit  <  of  it.    This  is  the  Law  of  England  antient,    not  onely  ultra  memoriam  bominum, 
bat  recordorum,  the  fruits  of  experience,  in  the  fuccefllon  of  time,  the  womb  of  peace, 
riches  and  renown  in  all  ages  and  degrees  ;;the  centre  and  ftability  of  all  Governours, 
and  Governments,  when  they  reduced  all  their  Circumferences  to  its  punA  of  Juftice,     , 
which  is  indi  vifible.    Tn  a  word,  the  amplitude  and  glory  of  its  Monarchs ,  while  they 
have  been  ruled  by  it,  dreaded  alive,  and  lamented  when  dead,  becaufe  great  and 

H  §ood, 


30  A  Commentary  upon  Fortescue. 

good,  powerful  and  juft,  men  in  nature,but  Gods  in  munificence.     In  thefe  Laws    and 

in  the  emanations  from  them,  and  the  Statute-additions  to  them,  the  Prince  is  told,  he 

ought  not  to  be  ignorant ,  becaufe  the  Law  is  the  rule  of  his  duty,   and  igmrantiap.  ris 

*oh  excuftt ,  neither  before  God  in  point  of  Confcience,   or  men  in  point  of  fame ; 

which  is  the  reafon,  that  wife  Princes  have  laboured  to  know  and  govern  according  to 

the  Laws  of  their/jovernment,  and  onely  unhappy  ones  neglected  themfelvcs  in  the 

omiflionofit  ^  and  the  effefts  of  fwerving  from  the  Law  is  legible  in  the  troubles  of 

M»ih.p»ii»,/<r  King^cA*,  Hen.  the  Third,  E.  the  Second,  R.  the  Second;  who  not  guided  by  the 

*ii.t45.si4.    Laws,    had  Reigns  of  War  and  Tumult.     The  Prince  then  was  by  our  Text-Mafter 

Tm'lw'ihc    we"  advifed  not  to  be  ignorant  of  the  Laws,  left  he  prefer  Paffion  above  Reafon,  and 

n«»  tf  vnu  «.     being  carryed  away  by  the  Eurocljdon  of  his  Will,  forget  that  pious,  prudent,  gener- 

rnm  torn. ,ju     ou$  ^u\e  0f  praftice.wriich  our  late  Martyr'd  Monarch,  blefled  King  Charles  commend 

vim  *c  f  upturn.        j  .        i      /.      r        ,         '  ,  //■  •  j     w  »J   *-v         i    \       i  -    ir 

cotiiuj./i*.i«.  ed  in  thofe  words,  I  cannot  yet  learn  (laid  mat  martyr  d  Oracle)  that  Leflon-,  nor  I 
Digeftor.  fopt  ever  wiS you  ,  that  it  is  fafe  for  a  King,  to  gratifie  any  Failion,  with  the  perturb*. 

rnnce'of  w*iu.  t%m  °f  the  Lafos,  in  which  is  wrap'd  tip  the  fublicjve  Interest,  and  the  good  of  the  t^tnt' 

munity.     So  renowned  King  Charles  the  Firft.     But  1  proceed  to  what  follows  in  the 

Text 

Nee  f  rate  xtu  Militia  legem  ftrmittitur  igntrare. 

This  is  added,  to  take  away  all  Arguments  of  excufe,    which  Martial  Natures  are 
apt  to  make  in  Apology  for  their  artlefsnefs  -,  they  fay,  it  effeminates  the  mind  :    Did 
it  fo  in  Mofes%   T>*fidt  Alexander,  Cafar,  Julian,  Conftantine,  Antoninus  ?  nothing 
lefs :   nor  did  they  allow  all  time  to  their  accomplifhments  as  Souldicrs ,  Schollar;.  they 
knew  they  ought  to  be,and  onely  could  be  by  Study,  arid  learned  Inftitution ,  and  the 
i  Jacob,  c  i.      Laws  of  God,  and  Men,  as  the  Treafuries  of  that  they  read  and  confidered  ,    and  this 
made  them  calm  Governcfurs,  tender  Parents,  prudent  Warriours,    politique  States- 
men, viftorious  Princes,  and  yet  continues  them  in  the  reputation  of  Heroiques.    Di* 
vide  a  Prince  from  knowledge  and  adion,curtail  him  of  either  of  chofe  Diadems,  and  his 
Crown  is  abated  -,   by  how  much  either  prevails  againft  other ,    by  fo  much  is  he  pro- 
pended  to  the  extream,  which  is  the  over- reach  of  virtues  mediocrity.  And  therefore, 
as  I  hold  a  Prince  ought  not  wholly  to  neglect  Military  Affairs ,  but    verfe  himfelf  in, 
and  accuftome  himfelf  to  them, that  he  may  intonate  fear  into  Neighbours,  not  to  pro- 
voke him  to  War,  or  to  contemn  him  in  his  appearing  •,  as  vainly  did  the  Emperour  by 
the  Swedish  King,who  was  the  braveft  Hector"  of  his  Age  •  no,  nor  ought  he  wholly  to 
rely  on  them,  contemning  Arts  and  policies  of  Juftice  and  Law-  becaufe  they  direct 
T     belt  how  parta  rjr  propria  confervare,  and  are  the  nerves  and  finews  of  fuccefs  and  hO- 
ftiniano.c»4«     nour  :  but  joyn  tnem  togetner  ,    etfi  mtlttes  five  arma  propter  leges  tn  tnto  colUcantur, 
enfirm.  ipfas  tamen  leges  armorum  prafidio  confervatas  Juftinianus  putavit.  So  Salmnth.      And 

!«.'*  d" Arma-   now  ''ct'e  Arms,  without  managery  of  Wifdom  has  profited  their  undertakers,  is  evi- 
mentaciis^in.  dentin  thefatalconfequencesofthofebrutifhengagemcnts,  winch  have  been  ruinous 
to  Princes,  and  their  fortunes  •,    as  Salmnth  has  given  us  many  inftances  to  prove  the 
truth  of  it.     And  this  renowned  Queen  Elizabeth  refolving  in  her  felf ,  who  turned 
the  Affairs  of  Chriftendom  upon  the  Po/ej,of  her  Wifdom  and  Courage,  being  truly 
furnifhed  with  both  Ornaments,  to  a  degree  fymmetrious  to  her  Ma  jelly,  made  her 
Reign  renowned,  her  Sub  jects  rich  and  grateful,  her  Commands  abfolutc  and  obfer- 
ved,  her  life  prayed  for,  her  death  deprecated  before  it  came,  and  lamented  when  it 
came.  In  a  word,  left  none  unfad,  but  thofe  to  whom  fhe  juftly  and  honourably  was  a 
terrour.     And  fhe  did  this  to  the  amazement  ofajl  Chriftendom,  «and  the  immortall 
honour  of  the  sex,  by  being  directed  by  her  learned  judgment,  to 
Stpiato  n°c,,imnpo,ep,  nuiu  d,iMt  *u,     temper  her  Juftice  with  fpint,  and  her  Mercy  with  competent  fe- 

frdfm,nnll*dtminueifcqittns    a:  iandt  fen,  ■  ,    .  .        .  /■     U     «-       n.      I       ,-  »  .•      n-  ■ 

{•rtfrm^^rf  ««,«,,„  cJf,r«.  verity,  and  by  employing  fuch  Spectacle  State-Mimfters,  and 
i»»nUm  tjKidtm  w  vtcmo  vcrfaur  inv,di*.  active  Martialifts,  as  fhewed  her  a  practical  Monarch,  who  as  (he 
Seneca^De  Bmh  vi*/.  7JS-  knew  how  to  rule  fupream,  foskill'd  the  method  of  her  fupporting 

that  her  folenefs  by  the  proper  aids  and  fhoresofit,  Laws  and  For-  ' 
/  ces  ;  indthiswasnonpratextu  Militia  legem  ignorare.     For  the  fundamental  and  an- 

tient  LaV/s,  Priviledges,  and  good  Cuftoms  of  this  Kingdom,  do  not  onely    preferve  tht 
King's  Regal  Authority  ,  {but  are  the  Peoples  fecurity  of Lands,    Livings,    and  Privi- 
ledges, 


A  Commentary  upon  Fortes  cue.  31 

ledges  ,both  in  general,  and  particular  )  are  preferved  and  maintained  -,  and  by  the  abolifh- 
ing,  sr  alteration  of  the  Which  ,  it  is  impeffible  ,  but  that  present  cenfufion  VpillfaJt  upon 
the  whole  fiate  and  frame  of  this  Kingdom.     They  arethe  wordsof  the  Statute,  i?4(.  Cz  ^the 

Which  confidered,  there  is  great  reafon  Princes  and    Monarchs,  efpecially   ours  ramble, 
in  England,  ftiould  not  be  ignorant  of  the  Laws,    becaufc  they  are  fo  eflential  to  their 
own  liability,  and  cheir  peoples  fecurity,   as  nothing  can    be  more;     nay,  with- 
out them,  known   and    exercifed  in  that  Quaternion  of  Magiftratique    method     ..  .  ..     ',., 
Jtr.ptrare,  vttare,  perrmttere,  pumre,  which  contain  the  virtue  ot  Laws  j  there  can   ReguUnun. 
be  no  honour  to  the  Prince,  no  felicity  to  the  People:     yea,  that  Prince  that  is  fo  un- 
happy ,while  he  intends  fo  nobly.not  to  be  well  refented,  may  ufe  Cato's  words,  though 
in  a  little  other  fenfe,     Nihil  egifti,fortuna,omnibus  cenatibus  meis  obftando,  mn  pre  rr.ea 
adhuc  fed  pro  pair it  libertate  pugnavi  nee  agebam  tantji  pertinacia  ttt  liber ,  fed  ut  inter   Seaca.Ep.n. 
liberos  viverem,minc  (jutniam  deplorattfunt  res  generis  humani,  Cato  dedueatnr  in  tu- 
tum.    Better  for  a  good  King  to  go  to  a  glorious  reward  in  Heaven,  then  live  to  oblige 
a  gracelefs,  and  ingrate  people.    But  God  being  the  onely  Lord  of  life  and  death,  is 
to  be  attended  upon  for  the  lflue  of  things;  which  if  they  be  not  to  Princes,  as  well  as 
other  men,  fuch  as  they  would  have  them  ;  yet  are,  in  whatever  they  are,fuch  as  God 
permits,  and  knows  befl:  for  them  to   have   them.     In  the  mean  time,  we  muft  en- 
deavour to  do  our  duties,the  Prince  not  excepced,whofe  part  it  is,  juris  mn  effc  ignartts 
pratextu  Militia, 

A  facerd/tibus  Levitica  Tribus  ajfumerc  jubetnr  exemplar  legis  ,     id  eft ,  a    viris 
Cathclicis  &  literatis. 

This  is  added,  to  reftrain  the  King  for  the  Matters  of  God,    to  God's  own  appoint- 
ment and  institution  ;  the  Priefthood  was  fetled  on  Levi  by  God,  Numb.  i.  2,  3.  and 
no  portion  had  Levi  with  his  Brethren,  for  the  God  ot  bis  Priefthood  was  his  portion. 
Now,  God  to  put  a  dignity  on  the  Priefthood,  does  not  onely  enjoyn  the  people  to 
confult  the  Prieft,  who  had  the  cuftody  and  knowledge  of  the  Law ;  but  even  the 
Prince,  he  was  to  write  the  Law  from  the  Original,  with  the  Pricfts,   called  here  the 
Levitical  Tribe  ■,    not  as  Aben-Ez.ra  thinks ,  to  diftinguifli  them  from  other  Priefls,  i\i»*. 
which  were  not  of  the  feed  of  Levi:    for  Dru/ius  refufes  that,    upon  the  ground  that 
the  Prieftswereofthe  Kindred  of  Aaron,  who  wasof  the  Race  of /,rt/» ;  bat  to  keep  Ub   De  vitl 
us  dofe  to  God's  Ordination,  who  made  the  Priefthood  the  Repertory  of  Law-Learn  -  Mofi«. 
ing,  n*ii't<ii>v  it  Hftif,  as  philo'%  words  are:  And  hence  learned  Grotius  writes^  H)t 
vera  ratio  habetur  meLor  urn  temper  urn,  &C    Here,  faith  he,  is  an  account  of  the  flourijh-  t™'£  "  VeaU 
ing  times  of  Levi  -,  for  then  all  controverfies,  judgments,  difficulties,  were  brought  before, 
and  refched  by  them  ;  bnt  afterwards  they  declining,  and  the  incomes  of  the  Prtefthood  be  - 
ing  great,  and  inclining  the  Priefts  to  floth  and  luxury,  it  fell  out  in  time,  that  the  Learn- 
ing of  the  Priesthood  was  tr  an  fitted  into  ether  Tribes ,  amengfi  which  there  were  thofe 
that  excelled  the  Priests  in  knowledge  of  the  Law  :  fo  that  the  people  did  not  onely  wave  the 
Levites,  but  evenftmetimes  the  Hlgh-Prieft  ,    and  applied themfelves  for  introduction  in 
the  Law  ofGod,to  thofe  that  Were  teat  ned,  though  not  Levites,  but  Lay-men  -,    faith  he, 
OUtof  Mainrcnide.<,\\b.  2.    De  Synedrio. 

Though  therefore  the  Priefts  misbehaviour,  might  eclipfe  their  credit  with  the  peo- 
ple-   yet  God's  dignification  of  Levi  is  plain  from  Scripture  throughout   the  whole 
Book  of  Numbers ;  and  che  Authour  to  the  Hebrews  mentions  it  in  the  fifth  of  the  He  - 
brews,  as  an  augmentation  of  it.     No  man,  faith  he,  takes  this  honour  upon  him,  but  he   LnJ"°*£"{, 
that  is  called of God,  as  was  Aaron.     Yea,    and  plain  is  it  from  Philo,  wnofe  words  are,  um^'Iu." 
*X  *&f  i-mUu  -mt  iytav,Sic..  Do  you  not  fee ,  quoth  he,  that  God  the  great  Law-giver  y 
did  not  commit  the  prefervation  and  charge  of  holy  things  to  every  man,  but  to  the  pure  and 
hoi)  Levites>    So  in  another  place,  -m<  yde  Kf]4ty\m,  &c.     The  Levite  hat  all  thtpri- 
viledgesthat  pertain  to  aperfetl  Priefthtod,  "by  Vehich  men  attain  the  knowledge  of  the  great    Lib.  De  Sacrif. 
God,  and  are  in  their  facrificis  and  frvites  rendred  acceptable  to  him.     And  in  another    Abel"  &  Caini« 
place  he  gives  the  reafon,  why.  God  took  fuch  care  of  Levi,  and  made  their  Habita-  •  ',Ii*' 
rions,Cities  of  K  efuge,  as  well  as  their  Offices,  the  keepers  of  the  holy  things  of  God ; 
becaufe  the]  defer  ted  aU  that  Wat  mefi  dear  and  near  to  them,  to    attend  his  portion  who  is 
immortal.The  Priefts  then  were  theTruftees,  to  whom  the  Cuftody  of  God's  Law  was 
referred.    And  therefore  Princes  enjoyned  to  tranferibe  the  Law  from  their  Original, 
were  to  apply  themfelves  to  them  •    fo  under  the  Law  :    nor  is  it  otherwife  under  the 

Go- 


3l 


D«  differentia 
Mofaici  fastrdt- 

HI  fr    Ev<Ul£ttti 

lectin  Orat.  Cat- 
lecii  in  Concil. 
Bafil.Concil.  To. 
l.p.t.&Orat. 
Foleaiacii^.ci. 


Carholicas  eft 
tilt  qui  ertdil  tm- 
p'icttt,  vet  expli- 
cat'ealt»,velhabi- 
tutmniatjuaptr' 
tinent  adfidem 
trthtdtxamfir- 
maiam  vet  infer- 
mem.  Brulifct. 
Dift.S».}'<M. 

%Lib.t.c.ij.ila- 
flit.  Oraior. 


A  Commentary  upon  Fortes  cue. 

Gofpel.  For  as  God  under  the  Old  Law  by  Mofes  •,  fo  under  the  New  Teflament  by 
who  was  faithful  in  God's  Church  as  a  Son  ,  has  ordinated  an  Evangelical  Priefthood, 
not  lets  confpicuous,thcn  the  A arenick^one ;  for ,  as  that  was  ordained  of  God  for  men 
in  things  pertaining  to  God,  as  it  is  Heb.  v.  i.  as  that  was  an  honour  to  thofe  that 
were  otic,  who  were  counted  God's  portion,  as  that  had  the  difpenfation  of  offering 
both  gifts  and  facfifices,  and  making  known  the  Law  of  God  to  men  ,  as  none  were  to 
be  of  that  but  Levitts,    perfons  feparated  to  that  funftion,  as  that  was  exclufive  of  all 
other  Worfhip,  till  the  time  of  refrefhing  from  its  burchen  of  mulriplyed  Ceremonies 
came  :  fo  the  Priefthood  or  Miniftry  of  the  Gofpel  is  ordained  by  Chnft,  and  the  Mi- 
niftcrs  in  it  Patrim-nium  Crucifixi,  and  the  Tythes  in  it  the  Minifters  right,  and  all 
parts  of  Miniftry  onely  is  difpenfable  by  them,   and  none  ought  ro  be  accounted  in 
the  Miniftry,  but  thofe  feparated  to  God  by  Canonique  Ordination.     Thus  they  an- 
fwer  each  other  -,  and  in  one  thing  the  Gofpel  Priefthood  excclls  the  legal.     As  it  is  a 
more  fpiritual  one,    fo  a  more  durable  one,  fo  a  more  general  one,  that  brought  men 
to  fee  their  God  through  the  Glafs  of  Types  and  Figures ;  this  face  to  lace,  that  lafted 
but  till  the  fubftance  came.     This  (hall  endure,till  time  (hall  be  no  more  ■,    that  was  li- 
mited to  the  fews:     This  is  indulged  to  all  Nations  ■,  the  Gofpel  brings  falvation  unto 
all  men :  now,there  is  neither  fcVp  nor  Gentile,bond  or  free,but  all  one  in  Chrifi  fefus. 
So  that  the  Chancellor  has  done  well  to  expound  the  EvangeliqueRites  by  viri  Catho^ 
lici  &  literati.Cttholict]  This  word  in  all  Authors  is  expreffed  to  denote  Univerfality  j 
thephyfitians  call  *  that  wch  is  profitable  to  allay  and  fweeten  all  humours,a  Catholiquc 
Medicament  •,  and  Quintilian  terms  univerfal  and  perpetual  Rules  CathJ/i^ue,Catholici 
then  here  is  to  exclude  faftious  affumption  of  the  Office  of  Miniftry  ,withont  admiflion, 
and  confirmation  in  it  Apofiolical,  that  \s,Catholique  :.for  no  Miniftry  is  Catholiquc", 
but  that  which  is  by  Church-Tradition,  Catholique  Reception,  Apoftolique  Practice, 
Scripture- Warranty  which  for  ought  I  know,bave  read,or  I  think  is  pofiible  to  be  found 
inScripture-Hiftory  or  Tradition,  was  Epifcbpal,inthe  fenfe  that  ourHoly  Mother  the 
Church  of  England  praftifes  it  from  the  pureft  times  ,and  pioufeft  prefidents.  A  nd  then 
Literati,  to  denote  qualifications  of  the  mind  to,  both  underftand  in  themfelves  their 
duty , and  make  others  underftand  theirs  alio.    For  the  Catholique 
Church,  whichisnotreftrainedtoany  part  or  particular  of  the 
whole  Church  ,  either  Romane ,  Reformed ,  or  Greeks    but  the 
whole  Complex  ofChriftians ,  having  Chrift  their  Foundation  , 
and  being  the  pillar  and  .ground  of  Truth  on  him  the  Rock,  though 
it  may  differ  in  circumftantials ;    yet  being  one  in  unity  of  Faith  , 
and  effentials  of  Worfhip,  and  praftife  of  Charity  ,  accounts  its 
particular  Miniftry,  in  a  true  fenfe,  Catholique.     And  therefore , 
though  the  Chancellour  by  Catholiris  mean  the  Romiflj  Prieft,  ex- 
cluding all  others  ,  yet  it  is  applicable  to  the  Priefthood,  or  Mini- 
ftry of  the  Univerfal  Church:  of  which  in  ("atfander's  words,-  It 
is  abundantly  enough  honour  done  the  Chur:  h  of  R.ome,  that  it  is  * 
fmallfart  of  the  Vnivcrfal  Chureh.     And  no  National  Church  is 
more  or  leffe  Catholique  one  then  other ,  Z>bi  k  capite  wn  receditur  pcrfalfam,  «£• 
Scrifturisfacris  difientaneam  Dottrinam  a  capite  Chrifio,  a  corpore  vera  nonfer  quamvis 
rituum  &  opinionum  diver fit  at  em  fed  per  folam  charitatu  defetlionem.     So  he. 

So  that  the  Officer  that  the  Catholique  Church  has  admicted  to ,  and  empowred 
with  the  things  of  God,  the  difpenfation  of  his  Word  and  Sacraments,  and  other  holy 
parts  of  Priefthood,  is  Succeffour  to  the  Prerogatives  of  the  Evangclique  Priefthood, 
of  which  the  Levitical  was  fore-runner,  and  no  Intruder  muft  be  hearkened  unto,  or 
admitted  to  participation  in  it,  who  is  contrary  public*,  antitjua  , 
perfetut,  &  univerfali  Ecclefit  cenfuetudmi.  for  Saint  Paul  re- 
probates fuch  interpolation  as  dangerous  •,  we  have  no  fuch  Cu- 
ftome,  nor  the  Churches  of  God.  This  be  enough  for  Catholicis 
viris.  And  thofe  the  Churches  of  God  have  always  trained  up  to 
be,  and  admitted  onely  fuch  as  be  Literati  •  as  Learned,  without 
Catholique,  will  be  but  a  faftious ;  fo  Catholique,without  Learn- 
ed, a  barbarous  Priefthood.  The  Apoftle's  rule  is  to  Timothy, 
Study  tojhtw  thjfelf  a  Wer^-man  ,   that  needs  not  to  be  ajhamed, 

fittifitv, 


Ne  putes  Ecclcfiam,  quainpetra  eft,  in  una 
parte  effe  terrarum,  &■  nan  diffundi  ufqac  ad 
/)n«<  terra,  &c.  S.  Auguftin.  lit.  1 1 .  an- 
triter.  Petiliani,  t.ioS.  Sic  Ttaft.ji. fuper 
Joannem.i  Homi\.f»per  Apocalypf.de  «r- 
reit. ponatifli  c.  \. 

Santjus  Auguft.  de  correff.  Donatift.  c.  30. 
Extra  bee  carpiu  neminem  vivtficat  Sphtius 
SsuStu. 

Romans  Ecclefix  akunde  faiii  eftgleria 
partem  effe  parvam  univerfalu  Ecdcfis. 
Lib.  be  Officio  pti  virt,  p.3»8.J»s. 


Huittjuii  erge  ah  hac  Catholica  Ecclefia 
futril  feperatm  quantumlihet  lautLMiterfi 
vtvere  exiftimet,  hoc  filo  fcelere  quod  a  ChriHi 
tinitate  disjunSm  eft, mm  habehit  vitam  fed  ira 
D11  manet  fuper  ipfum.  Sanilm  Aug.  £[. 
\09.ptft  catlat  contr.  ponarift. 
Ntmen  Caholicum  fuit  tnventum,  ut  ta  dt- 
fcrtmiimtione  nominis  al  harttiio  cum  ctnven  • 
ticulii  ccjrnfceretur  ejfe  tbJUnff*.  Baiooius 
To  1.  ad^im+i.  - 

l  Tim.  ii,  ;. 


a 


Lib.  I.  Contra 
C.et'conium.'.i 


la  Liciun. 


Budacus  in  Fan- 
deft.pr«r«,  pag. 
i»6.  «A;.Baffl. 


Cicero  Ealbo, 
Inftnul. 


A  Commentary  upon  Fortes  cue. 

Jixjuar,  Operariam  inconfufibilem  ,  one  that  can  hew  out  fit  proportions  from  the 
mafs  of  Scripture,  and  orderly  fct  together  what  he  has  apportioned  for  his  Miniftry,  to 
make  it  orderly  and  advantageous,  not  erubefcentem,  as  St.  Auguftine  exprefles  k,  as 
they  are  that  boaft  of  more  then  they  can  perform,  feeming  to  be  what  they  are  not, 
*o?.5sto^*k7*  ,  ntte  fecantem,  that  is,  carrying  himfclffo,  as  to  hold  :he  Truth  free 
from  all  extreams,  as  they  do  that  keep  the  Channel,  and  avoid  the  Rocks  on  both 
Shores,  Collatio  e> go  inter  Deifervos  ejfe  debet,  nt>n  afycrcatio,  faith  Saint  Ambrofe,  in 
Uc.  Grotitfs  will  have  it  to  be  ftmilitudo  duel  a  viBimis  qmt  certo  rittt  fecari  dtbebant  ■, 
and,  fays  he,  a  man  is  faid  rightly  to  divide  the  Gofpel,e/m>  cuique  accomodat  ea  monita 
<]>!£  cuique  Afaxime  cowveniunt,  quomodo  de  viBimis  alia  partes  dabantur  facerdotibus 
a'U  privatis  •,  which  being  an  a&ofWifdom,  requires  learned  breeding  to  direct  the 
Workman  unto ,  and  in  his  work  •  and  upon  this  ground ,  as  the  Prieits  of  old  were 
learned  in  the  Law ,  fo  the  Ministers  of  the  Gofpel ,  whofe  mouthes  are  to  preferve 
knowledge,are  to  be  by  Canon  learned  ,  and  fuch  the  Chancellour  means  by  Literati, 
notfuch  as  the  Scientique  Budaus  laments  for  being  in  primorum  ordinum  facerdotibus 
in  France ,  Where  virtutis  doBrini que  pramia  in  homines  latini  infantiffimos  non  fingula 
fedb.nay  terna  congeri  verms  quam  conferri  vidimus,  qui  ecru  non  tarn  his  bonoribus  orna- 
ti,quam  obrttti  e(fe  iniquis  oncribus  videntur.  No  fuch  Drones,  and  over. grown  Novices 
does  our  Text  intend  •  the  holy  things  of  God  are  under  the  Gofpel  committed  viris 
Lteratis.  So  Tullj  exprefles  viri  hterati  acfludiis  doBrinlfque  dediti  I  teratus  &  de- 
fertus.  So  De  Clar.  Orat.  4.  Such.who  have  much  in  them,  and  much  written  up- 
on them  of  knowledge  of  books  and  men,  and  of  holincfs  to  the  Lord  :  of  the  fword  in 
thefe  mens  mouthes,fhould  not  that  offlautus  be  true ,  In  eo  enficule  literarttm  quid 
eft?  But  every  part  of  their  Exhortation  and  Reproof,  their  Information  and  Dire- 
ction fhould  be  rich  and  full  of  Argument. 

This  is  the  Char.cellours  fcope,  to  inform  the  Nation,  that  the  Chriftian  Miniftry  , 
though  it  had  the  Levitical  for  its  prefident,yet  not  onely  fucceeds-,  but  exceeds  it.  And 
that  the  Rites  of  conftcrating,  or  crowning  Kings,  and  taking  Oath  of  them  to  perform 
the  Laws  of  their  Government,  and  to  maintain  the  Rites  of  Holy  Church,  as  they 
will  anfwer  it  to  God,  and  the  evidences  of  their  Confciences ,  and  the  Goljpels  they 
fwear  by ,  to  which  the  Minifters  of  God,  Biftiops,  and  others,  ase  Witnefles  in  the 
behalf  of  Trudys  no  lame  and  lazy  Ceremony,  madeuponcly  of  extern  pomp,  but 
of  neceflary  and  renowned  confequence  •  which  thofe  that  vituperate  are  Children, 
and  thofe  that  would  overthrow  are  Devils  ■,  becaufe  therein  accufers  of  antient  Piety 
and  Prudence,  and  enemies  to  Mankind,  who  generally  have  the  Pricfthood  in  higheft 
honour. 

This  I  the  rather  touch  upon,becaufe  we  have  lately  been  in,  and  are  not  yet  wholly 
purged  from  the  Lees  of  thofe  unhappy  times ,  wherein,  with  many,  all  Antiquity  waf 
execrable,nothing  pleafing  but  novelty,  decrefcebat  innocentia  infortju/titia  in  ]udiciojn 
amiritiis  consordia,  in  artibus  peritia,in  moribus  difeiplin*  ,1S  S.Cjprian  once  complained 
of  his  time.  No  Law,  but  Luft- no  Jufhce,  but  Arms  ^no  Churcn,  but  a  Meeting- place  ; 
no  Prieft,  but  a  High-fhoe,or  uncatholique  illiterate  ■  noCanon,  butEnthufiafm  ;  no 
Mercy,  but  Ruine.  So  that  truly  in  our  England,  there  was  a  kind  of  Reverter  (  at 
leaftin  the  menace  of  the  Rabble,  and  their  Arch.  Dukes)  of  Druydlike  Ethricifwi, 
Tune  maxime  Deos  propitiarijeum  per  cruciatum  hominem  excarnificijfettt,  faith  Giral- 
itti  of  the  Druids,  and  'twas  too  true  of  them, 

But  blefled  be  God,  we  are  in  a  better  ftate  now,  the  exemplar  legit  has  been  ten- 
dered the  King,* viris  Catholicis  &  literatis,and  now  the  Ecchoof  ourLcarned  Chan- 
cellour may  humbly  prefent  the  pre-inftanced  Scripture,  Chap.xvW.of  Deuteronomy,  as 
that  which  is,  the  nobleft  Monitor  of  the  Prince's  duty , that  any  where,  in  any  Author, 
in  any  timcis  to  be  found. 

Liber  quippe  Deuteronomii  eft  liber  legum  quibus  Reges  Ifrael  fubditum  fibt  populur* . 
Regere  tencbantur.    This  is  added,  to  fhew  the  Text-Mailer's  love  to  the  Prince,    in  fajmhiM 
his  preference  of  Deuteronomy, and  the  xvii.  Chapter  of  it,  for  his  direction,  to  be  ac-   caainjo  *.ufo, 
cording  to  much  Wifdom  •     for  that  it  is  Methodus  regiminis  quo  Reges  Ifraelis  teneri   Ep,*> 
deberent,  God's  precife  determinuion  of  the  King  to  that,  as  his  Oracleand  path  to 
walk  by,  and  in.  Indeed,  I  itaot  Pliny's  mind,  Sttmexiisquimirorantiqt.ts,  &c.   J 


Lil>.  DeAbuf. 

fx.uti 


DeNatur.  Dee- 
rum  Symagm. 
17.  p.  in. 


?♦ 


Philo.  W.I. 
DeCteatiPiinci- 
pis,/.  71J. 


I^in  vii   n. 
t»m.  vii.  7. 


fn  Feotateuch. 


/n  Argumtnlo  **f* 
Deuieionem. 


ioiinus  inpr*f*t 
MifDeuteioa. 
i  Bcda 
/»  /oc. 


£»'K    De  Momi- 
num  Mutatiane, 


A  Commentary  upon  Fortrscue. 

am  ofthtir  minds,  whs  admire  the  Antientsjbutyet  notfoto  deffife  the  acquirements  of  later 
menandtimes  -,  for  that  were  tt  accufe  Nature,  at  /pent,  and  defeiiive  to  a  generous  pro- 
dnUion  of  Rarities,  how  a*  well  <u  heretofore.  I  know  there  are  Trads  of  Pol  icy,  and 
Treatifesoflnftitutions  for  a  Prince,  which  of  late  have  been  propofed  to  the  World 
with  notable  art,  and  fubtile  iniinuations  :  nor  are  the  later  Wits  lefs  keen,  noriheir 
Writings  lefc  polite,  then  thofe  of  their  Anteccflbrs  :  But  thefe  are  but  men  that 
wrote,  and  what  they  wrote  fubjeft -like  them  to  errours  and  miftakes.  Mofes,  the 
Penman  of  this,  was  one  of  God's  infallible  Secretaries,  and  he  propounds  to  the  King 
( that  was  Prophetically  regulated  and  admonifhed,  for  jfrael  was  yet  under  Mofes  his 
Regiment)  TLu)  isiout  Jjnffiootf,  &c.  The  n»ble  Mean  between  the  Iron  and  Leaden 
ExtreamshowhefliaHbe,  i<t\>y*o><  to  fix-ata.  xeir»/]©-,  &C  An  admirer  of  right,  a 
judgcr  of  Vtreng,a  propagator  of  truth,  a*  the  besl  Pillars  of  a  durable  Regality.  This 
fays  Philo,  Mofes  propounds  herein,  as  a  Reward  to  the  Prince  that  is  led  by  it  ;  and 
therefore  no  wonder,  though  Mofes  direft  to  Deuteronomy  ,  as  his  fecond,  ai?d  moft 
compleat  Syftem  of  the  Law.  1  or  though  there  were  many  parts  of  Holy  Writ  that 
pcrfwaded  the  Prince  to  love  the  Law,  and  to  embrace  it  as  the  Rule  -,  as  that  where  no 
Law  is ,  the  People  perifh;  or  that  of  Saint  Paul,  The  La~toisjuft,  and  holy ,  and  good ; 
and  if  it  had  not  been  for  the  L" aw,  I  had  not  lyown  fin.  Or  that  of  our  Saviour,  who  be- 
ing interrogated  by  the  Jews,  queftions  of  import,  anfwers  them,  by  referring  them  to 
the  Law  ;  How  is  it  written  in  that  Law  i 

Though  1  fay  the  Chancellour  might  have  illuftrated  the  beauty  and  ufe  of  the 
Law  from  other  Scriptures ,  yet  in  that  he  waves  them  all  here,and  refers  to  this  Book, 
and  this  Chapter  of  this  Book,  'tis  a  ftrong  Argument,  he  thought  it  the  moft  oppofite 
to  the  Prince's  inftrudhon,  Partem  Seriptura  pohticam  &  legiflativAm  ;  as  Aureelm 
his  words  are.  Well  he  knew,  good  Chancellour,  that  every  word  of  God  was  good ; 
but  that  thefe  were  like  thofe  of  Solomon's  Apples  of  Gold  in  Piftures  of  Silver,  the 
onely  words  he  could  artlyly  ufe  to  his  purpofe ,  Deuteronomium  eft  tfuafi  incenfa,  & 
perpetua  emtio,  eaejut  de  r**/*  Mofis,  c.  17.  v.  18.  juffttutnovi  Reges,elegendique  de- 
fcribunt  ftbi  Deuteronomium,  ut  difeant  timere  Deum,Scc.  faith  A.Lapide. 

I  t's  true  indeed  ,every  Book  of  Mofes  has  his  peculiar  excellency, as  it  anfwers  fome 
ufefiil  end  of  God  in  the  Production  of  his  Defigra  there  defcribed  :  in  Genefis  there  is 
defcription  ol  God  as  the  enjoyner  of  the  Law  •,  in  Exodus,  of  Mofes  the  Minifter  of 
the  Law  •,  in  Leviticus,  of  the  Heads  and  Content  of  the  Law  •,  in  Numbers,  of  the  Na- 
ture of  the  People,to  whom  this  Law  was  given ;  but  in  Deuteronomy,  there  is  a  fhort 
Recapitulation  and  ConcluGon  of  the  Law  given  -,  the  laft  words  of  Mofes,  moft  pithy, 
moft  memorable,moft  cull'd:  and  A.Lapide  fays  his  Book  was  made  upon  three  Caufes. 
Firft,  for  fupply  of  Mortality ,  becaufe  all  the  old  men  that  came  out  of  Egypt,  and 
heard  the  Law  delivered  on  Mount  Sinai  were  dead.  Secondly,  becaufe  Mofes  was 
now  to  dy,and  being  to  leave  the  people  of  his  care  and  love,  he  leaves  them  inftru&ed 
in  the  Law  by  this  Copy  ,  and  perfect  Accoropt  of  it.  Thirdly,  for  that  the  words  of 
Rulers  and  Princes  have  moft  fway  with  the  people  they  govern ,  he  leaves  them  this 
Book,  as  the  lading  Memorandum,  and  Journal  of  their  duty ,  and  enjoyns  Gover- 
nours  to  tranferibe  it,  that  by  remembring  it  themfclves,  and  ruling  their  people  ac« 
cording  to  it,  they  may  be  happy  and  beloved  as  Mofes  was.    For  fo  it  follows, 

Hunc  librum  legere  jubet  Mofes,  ut  difeant  timere  deum  &  cuslodire  mandata  ejtu 
qux  in  legefcriptafunt. 

Well  did  Mofes  know  the  temptations  of  greatnefs,  that  Kings  are  but  men  in  na- 
ture, though  G  ods  in  facrednefs  ■,  that  Power  is  apt  to  arrogate  a  Prerogative  above 
Mortal  Reftraints,  and  that  the  nature  of  man  frail  in  them,  is  apt  to  pervert  Gods  in- 
tention in  the  latitude  of  their  Commifllon.  Therefore  Mofes  claps  the  Clog  of  God 
onthe  King's  Confcience,  and  enjoynshim  to  read  and  write  over  the  Law  of  him  and 
his  Government,  as  he  will  anfwer  the  violation  of  it  through  ignorance  or  perverfe- 
nefs  to  the  God  of  that  Law,  in  whofe  hand  bis  life  and  breath  is,  o<  <ssn  xjus'«  JWS- 
£«£«  ,  &c.  faith  philo,  That  his  corrupt  Nature  being  aVced  by  God's  Sovereignty,  may 
by  fear  and  aw  of  it  be  retrained from  exorbitant  rigours, and  vain  exeurfient. 

Indeed,astheL»wofGodistbebeftBQok-,   k»  fear  ©fGodisfrom  tbebeftLeflbn 

mat) 


A  Commentary  upon  Fortes  cue.  35 

mm  can  learn. No  grace  has  more  ot  the  exakauonof  God,and  depreffion  of  maty  hen 
tear  has  ■,  and  no  man  h  is  more  need  co  have  God's  fear  in  him,then  a  King  that  is  free 
from  the  fear  of  man  onh;m. Saint  Bernard  makes  tear  prima  grattarum  ejuas  totius  Reli- 
gUnii  exsrdinm  eft ;    No  fear,    no  Religion.     Therefore  the  Wife-man  fays,    Fear 
God,  andkjep  his  Contmandtments,    that  it  the  whale  duty  of  man.  in  thelaft  of  Ecclcf. 
ltd  eft  prima  tin  ordin;  grariarttm  ftcnt  panpertas  inordim  Beatitudmnm,   faith  that  Fa-    j^Lw        Sp'r" 
ther.     Indeed  fear,  as  it  may  be  objected  and  accented,  as  it  maybe  tinctured  and  by-  L*.   dc  Abta- 
affed  may  in  Philo's  words  be  <nu.iZ*\or  x.*h,   an  ill advifcr .     It  may  be  fonat  in  our  ',aino-P!"- 
fh  pcaufeaftorm,  and  endanger  all  the  feremty  of  our  inward  peace  :  this  his  fear,  the 
ftar  of  man  •,  a  fear  of  incredulity, a  fear  of  inverting  God's  pofition  , making  God  lefs, 
and  man  more  then  he  is.     In  an  evil  fear,forbidden  by  God,  perfect  love  calteth  forth 
this  fear  -,  'tis  a  fear  of  fervility,not  ingenuity  •,  the  fear  of  Baftards,  and  not  Sons ;  'tis 
the  nail  in  our  heads,  after  the  butter  and  milk  in  a  Lordly  difh,  which  this  World's 
flatteries,  and  the  ^«/'s  of  infirmity  treat  us  deceitfully,  and  to  our  mine.     But  holy- 
fear,  to  fear  the  Lord  and  hisgoodnefs,is  the  felicity  ,as  well  as  duty,  of  not  onely  Sub- 
jects but  Princes :  nay,  'tis  paramountly  pertinent  to  Princes,  becaufe  the  onely  object 
of  their  fear,  as  a  Superiour  to  them,  employs  it,and  as  a  God  to  them,  deferves  it.  And 

this  the  Hebrew  phrafe  here  HST"']  tranflated  to  ^rimports :  for  'tis  none  of  thofe 
ordinary  words  thcholyLanguage  has^orordinary  tear  not  "Vl^the  fear  ofone,a  Gran- 
ger in  a  Land  that  is  not  his  own  ■,  as  Pfal.  cxx.  5 .  nor  J*H,a  fear  of  trifticity :  fo  Pfat. 

xxxviii.  18.  nor  t~?nj,   a  fear  of  modefty,   like  that  of  youths ,   who  blufh  for  fear, 
when  they  come  before  men  of  age  and  worship ,    Job  xxxii.  6.  which  we  call  a  run- 
ning our  heads  in  a  hole:,  nor  "OH  ,  a  fear  caufing  an  uproar  in  the  m\nd,ffa.  xxxii.  1  j . 
like  that  fweV"» ,  charged  on  Martha,  Tumnltuaris  circa  plnrima,  c.  v.   nor   "'J),  a 
fear  that  wholly  unmans  us,  Dent,  xxviii.  16".  nor?" <$Htf,  a  fear  taking  away  all  hope 
of  acceptance,  Efay  xli.  10.  Nor  this,  or  any  of  thefe  fears,  which  melt  down  the  fpi- 
nt,  and  make  a  manlefs  fufility  in  the  ponderous  and  mafculine  nature  of  man  :  none  of 
thefeisthe/ivjrhere.    That  which  Mofes leffons  the  King  to  learn  from  the  Lord's  ^*Ttn\t"L 
Law,  is  ^^.?,,,  which  is  a  fear  provoking  to  werfbip, and  draw  near  to  God  •,  fuch  a  fear  tmm  rtftnni,, 
as  argues  love  and  duty,  to  fear  him  |  fo  as  to  fear  him  onely,  him  always,   fo  as  to  caft  "'  """*'  iHid,m 
down  their  Crowns  and  Scepters  at  his  feet,and  to  ferve  his  glory  With  their  compleat  4^l?pAm,j4 
abfolutcnefs.     This  is  the  King's  timtre  denm,  but  it  has  an  adjunct  and  copulation,,  <"i'  tl»>  r»™- 
which  makes  it  both  appear  to  be  what  it  is  in  truth,  and  to  make  the  principle  from   Bemtrdus^. 
which  it  is  found  inafuitable    effect  ,  keep  his  Commandements  all  the  days  of  his  life,-  s*.  fiftr  cantic. 
This  is  that  which  ingratiates  the  fear  of  God  with  God,  when 'tis  feen  in  obedience  to  Cantic- 
him,  according  to  his  declared  Will,bis  Law,,  and  that  in  every  particular,  not  one,  but 
all  his  Commandements  •,    and  that  not  fometimes,  and  not  at  other  times,  but  all  the 
days  of  his  Iff  e.     This  is  to  be  upright  with  God,  as  was  King  David,  Then /halt  J  not 
be  afbamed,when  J  have  refpeft  to  all  thy  Commandements.     This  is  nen  cttrrert  per  man- 
data  fad  ambulare  in  mandatis  •,   to  make  God's  glory  the  end  of  Princes  Lives  and 
Reigns.     And  this  is  to  produce  what  in  our  Text  follows. 

Beet  timtre  deum  effttlus  eft  legis, quern  non  confequi  valet  homo  niji  prists  fciaivoluni '4- 
tem  Dcifiu*.  in  lege  fcripta  eft. 

This  is  well  inferred  from  the  prefurnption  of  its  caufe  ■,  to  write  the  Law,  is  the  way 
to  remember  it  •  to  love  ir,  the  way  to  practice  it  ■,  and  to  practice  it,  is  to  be  what  the 
Law  here  is  told  us  to  aim  at,  Fear  God,  and  kjep  his  Commandements,  fully  and  con- 
ftantly.  This  our  Chancellour  calls  an  effect  of  the  Law,  becaufe  the  Law  is  in  God's 
intention,  and  the  ordinary  way  of  his  difpenfation  ,  thus  to  difpofe  Kings,  as  it  offers 
them  the  Rational  and  Pieligious  anfwering  of  the  end  of  their  Power,  and  his  Pre- 
fcript :  for  Philo  makes  the  Law  as  Koy@-  e«©-  <aftm^ay ,  &c.  God's  declaratory  of  Llh  De  Mj™t- 
his  will,  both  a*  tot\hat  man  may ',  and  may  net  do.  And  therefore  ,  inafmuch  as  fear  Abrahami^.toi, 
is  a  poftnate  of  knowledge,  and  knowledge  the  means  of  ingenerating  divine  fear-,  and 
this  knowledge  is  conveyed  to  nsby  the  Law,according  to  that  of  the  Apoftle,  /  had  not 
known  fin  bit  by  the  Law.  Not  that  the  Law  has  any  efficacy  ,  to  illuminate  man  to 
an  efficiency  of  Holy  and  Reverential  Fear,     For  that  is  true  of  the  Law,  which  Saint 

Attgttftiiii 


j (J  A  Commentary  upon  Fortes  cue. 

imfiitunihH  Augufline  Wrote  of  Free-will,  Valet  libcrum  trbitrium  adtperabona,  ft  divinlttts  adjur 
Cj£;fti<»  m»  x>  vttHr  ^  quod  fit  humiliter  pettndo&  faciendo,  defertumvero  divino  adjutorio  quamhbet 
f dentin  lefts  txcellat \nuUo  mode  hnktlut  jnftiti*  fotiditatem,ftdinflatitmm  impiafuperbia 
•»Epi&.  dd  Hi-  &  cxitiojnm  tumor  em.  And  fo  in  another  place,  Nan-  &  lix  if  fa  in  hoc  adjutorium 
data  eft  Mis,  qui  ea  Uptime  utuntur  ,ut  per  illamfiiant,  vtl  quid juftitia  jam  acceperintw 
unit  gratia*  agant;  vel  quid  adhuc  eisdej.t  quodinftanter  petant.  Whereas  therefore 
the  knowledge  of  what  is  our  duty  to  do,  and  not  to  do,  is  faidtobe  theeffeftofthe 
Law,whkh  teaches  us  what,  and  how  to  do  our  duty,or  not  do  •  it  is  to  be  underftood, 
not  a  necefTary  effeft,  fuch  as  follows  the  caufc,  but  an  effect  in  order,  that  is,  where 
ever  fear  of  God  is,there  the  Law  of  God,  known  and  obferved,  has  been  the  ordina- 
ry means  of  producing  it,  and  not  onely  the  fefcue  to  point  us  to  our  LeiTon,but  the  in- 
ftigatouj-of  us  to  learn  and  praftife  it.  And  indeed,  to  this  end  has  the  Will  of  God 
concerning  man  its  patefaftion  in  the  Law,  that  man  might  not  be  under  any  lmpofiibi- 
lity  of  knowing  what  he  is,  and  is  not  to  do ;  nor  plead  ignorance,  when  his  onuflions* 
•  and  errours  fhall  come  to  Arraignment :  and  therefore  as  here  is  much  mercy  in  God's 
promulgation,  fo  is  there  a  call  to  us  in  it  of  eternal  gratitude.  For  the  Law  written 
on  the  heart,  and  rivetted  in  the  created  nature,  would  have  compurgated  God  from 
cruelty  to  his  Creature,  in  punifhing  the  breach  of  his  Law,  which  they  had  fuch  pre- 
vious and  plenary  warning  of.  But  in  that  he  has  been  pleafed  to  write  his  law,  and 
our  duty,  in  fuch  legiblc,and  indelible  Characters,  as  arc  learnable  •,  not  to  know  his 
Will  by  the  Law,  is  to  delpife  God  from  Heaven,  and  to  fin  againtt  our  Maker,  and  his 
Mercy.  To  fear  then  the  Lord,  as  it  is  an  aft  ot  fervice  to  God,  fo  of  mercy  to  our 
own  fouls,  becaufe  it  puts  us  out  of  fear  of  his  fury,  who  is  a  confuming  fire,  who  has 
power  of  foul  and  body  ^  and  it  puts-  us  into  the  proteftion  of  his  promife  ,  that  No 
good  thing  fhall  he  Wanting  to  thtfe  that  fear  him,  Pfal.34. 9.  And  focafmuch  as  this  fear 
is  as  in  God  caufally  ,  fo  in  the  Law  inftitutionally  •,  and  Mofes,  by  the  Spirit  of  Go"d, 
direfts  Kings  to  the  Law  as  their  Academy  and  Or  ac  alary  •,  becaufe  they  being  tifj.01 
w  t.D«vi't  fy^Jtf'j  8ic.  as  Philo  calls  them,  are  not  onely  to  ta\e  care  that  fecular  matter s  be  car' 
Mofu, /.«s+.  ryed  onweB  and  wifely,  but  alfo  the  matters  of  God  and  his  fervice.  Kings  and  all  in 
Authority  (hall  do  well  to  ftudy  the  Law,  that  they  may  know  to  do  the  Will  of  their. 
Lord  j  for  that  is  to  know  God  aright,  to  prafticate  his  fear  from  a  principle  of  Con- 
fcience,and  holy  affeftion  to  God.  When  not  to  oblige  nim  to  be  ours ,  if  any  aft  of 
ours  properly  could  fo  do,  but  to  glorifie  him  as  our  chief  good,  is  the  four  fc  of  our 
fervice,  when  we  ftudy  to  know,  that  we  may  be  ready  and  regular  ,  in  doing  what  we 
know  we  ought,  to  fhew  forth  the  virtue  of  him  that  has  called  us  out  of  dar  knefi  into 
his  marvellous  light.  This,  this  is  to  know  the  Will  of  God,  which  is  written  in  his 
Law  ■,  becaufe  this  is  pcrfeft  charity,  which  is  the  fulfilling  of  the  Law  -,  and  without 
this  all  the  Notional  and  Grammatique  Knowledge  of  the  Law  abftrafted  from  pra- 
.     .  ftife  of  the  duties  poftulated,  is  but  nothing.     So  true  is  that  of  Saint  Aurufiine ,  Pro 

Inpnwia  mm-        ,      .  i        t  n-  A         r  i-    ■  •     -•  a.    a  r  J   • 

mugm*  ex  p™-  fonts  opertbus fperafttterrenam  tjuandam  jeltcttatem  ;  tmftus  ts,nonejt  tjta  merces  fidet, 

£j»,  rial.  11.       car*  res  eft  fides,  vili  iHam  addixifii,  impins  ergo  es  &  nuBafunt  opera  tua,  moveas  licet 

in  bonis  operibus  laeertts ,    <*r  videaris  navem  optim  i  gubemare,  in  faxa  ft  ft  mat.    SO" 

that  Father  ■,  and  fo  our  Lord  Jcfus,  If ye  t\now  thefc  things  ,    bit  fed  are  ye  ,  ifyedt 

them. 

Principium  emnis  famulatus,  efifcire  voluntatem  domini  cut  fervitur.  Here  the 
Chancellour  proceeds  to  confirm  what  went  before,  from  the  confederation  of  do- 
fneftique  Order,  which  is  fuitablc  to  the  greater  Pohty  of  Kings  and  People  ^  nay,  of 
God  and  Man  :  for  in  Families  there  is  a  Lord  and  Servants  ^  the  one  commands,  be- 
caufe he  is  Matter  of  all,  and  his  Will  is  their  Law  :  the  other  obeys,  becaufe  he  is 
bound,as  he  eats,drinks,  is  cloathed,  and  lives  by,  and  under  his  Matter,  Now  in  this 
fervice, which  the  Chancellour  czWsfamulitixm,  as  after  Ftflus  he  does,  fcrvns  famula- 
*t-  47.  tHst tnc  h"rft  and  chiefeft  thing  is  to  know  the  Matter's  pleasure,  and  to  ftudy,  and  actu- 
ally anfwer  it,  Si' cum  inferior*  vivas,  quemadmodum  tecum  fuperiorem  vtUes  vivere. 
And  becaufe  the  Will  of  the  Lord  and  his  humour  was  beft  feen  by  frequent  being  in  his 
company.  Seneca  tells  us  antiently,  the  Matters  did  admit  their  Servants  to  eat  with* 
them;  yea,  and  that  the  Matters  might  fee  what  tempers  their  Servants  were  of,  and 
what  commands  could  beft  bear,  Jnflituerunt  diem  fejlum  quo  mnfolum  cum  fervis  do- 
mini vefctrentur,  fed  quo  utique  hcmresilli  in  domo  genre ,  jus  dicer  t  per  mi ftrunt,  & 

domum 


A  Commentary  upon  Fortes  cue*  37 

dtmitm  pu/tllam  Rempstbl.  e[je  jrsdic.t  erznt,  Ep.  47.  Servants  thus  ehcouraged,the  Ma*   , 
tferexpeftedareturmn  oblervance ;  no  difpvue,   no  delay,  tobefurenooppolition  : 
The  Servant  was,wh.itever  he  underiiood  his  Matters  plenfure  to  have  him  be,  accord- 
ing to  that  of  Philo,   Hiyii-oi/  iyxuMw  sunns,  &C.      The  onely  praife  cf a  Servant,    to    Ui.qm  ttrm» . 
thtn'^m  command  of hs  ^M-ifiers  flight,  but  to  do  all  to  his  utmeft  pUajure,  that  he  thmkj   <*"""•«"""•   '>  — 
he  wills.     And  therefore  God  alluding  to  the  Soveraignty  or' Earthly    Matters,   fays^   "'•  P-  4U* 
objuregatively  to  Ifrael.  If  I  be  a  Mafter,  where  is  my  fear  ?  Vbi  esl  obedicntiafervi 
Jub  imperio  domini  ?  and  the  Apofde,to  ftrengchen  the  authority  of  Mailers  over  Ser- 
vants, fays,   Servants  be  obedient  to  your  Af afters  in  all  things  ,  for  this  is  WeH-pleaftng, 
and  acceptable  to  G ' -d.     How  holy  Paul  obey  in  all  things  ?     yea,  in  all  things :  Sup- 
pofe  he  commands  Idolatry, or  Murther,  or  any  other  lin,    is  he  to  be  obeyed  in  this  ? 
Yes,  he  is  to  be  obeyed,  but  not  in  the  kind  of  the  command  he  exercifes,  in  the  Ser- 
vants difpolinon,but  not  in  the  aft  of  termination  to  fuch  his  command,  (fnm  dominus 
camis  a  domino  fpiritus  diver fum  imperat,mn  eft  obediendum,  faith  Saint  fe rom, and  Ter- 
tnllian,  who  owns  this  Canon,  yet  modifies  it,  fed  intra.  Unites  Difeiplin*.,    obey  him 
fp  far  as  he  obeyes  God.     Ideh  Romanas  leges  contemnimus,  ut  divirnt  jujfa  fervemus, 
faid  the  Martyr  Sy  'vanus,  i'j*»  0e3p  y*.r  fwvor  T?oiriwi<if.«sp,  &c.  We  worjbip  indeed  but  Minus  Marty*. 
one  God,  but  we  are  hyal fervant  s  to  Kings  and  Emperours,  praying  conftantly  for  them  ,    chuftiarV  '" 
that  they  may  wifely  and  worthily  difcharge  their  trufts  towards  their  people,    as  we  prefe/s 
their  people  ought  tJCxprefsloy.il duty  to  them.     And  Seneca  is  pofitive ,    that  virtuous 
minds,  contra  Remp.  imperata  nonfacient,  nulli  fceleri  manus  commodabunt.    Let  St  re- 
ticles flatter  Demetrius  never  lb  highly,  and  defire  the  Athenians  topafsaLaw,  Vt 
qme?ttid  Demetrio  Rcgi  placuiffet,  id  in  Deos  pi/im,  &  inter  homines  juftttm  tffet :    yet 
Integrity  will  not  fwallow  any  unjult  command,  though  it  dare  not  difobey  by  contu- 
riticya  j'uft  l-ower,  while  it  aftsunjuftly  :    but  in  things  that  are  indifferent,  in  things 
civil  and  prudential ,  there  the  Matter  is  fo  abfolute,  .that  the  fervant  is  bound  to  obey   coifonone  Ua- 
throughly  and  conftantly  ,and  has  no  remedy,  but  to  pray  wp  3  s  riy  puioy  omrinp*,  &c.  s»uwa.f.uu 
that  God  their  onely  Saviour  would  hear  and  relieve  them.     . 

This  was  the  ftate  of  Servants  bound  toobey  ;  yet  had  they  alfo  a  priviledge,  when 
the)'  were  veteranes  and  faithful :  For  then,  as  they  were  fecundi  liberi,  where  Chil- 
dren were,  fo  where  they  were  not, they  did  in  jus  liber  or  urn  tratiftrc.  To  which  pro- 
bably our  Apottlealluded,whenhe  made  the  priviledge  of  Adoption  to  confift  in  tran- 
flation  from  Servants  to  Sonfhip.  This  is  notably  (ec  forth  by  Abraham,  in  the  cafe  of 
Elia<*r  of  Damafctu  his  Steward,  Gen.  xv.  3 .  Be  hold !  tome  thou  haft  given  ho  feed,  and 
tne  born  in  mine  houfe  (to  Wlt,Elea^ar,  V.5  )  it  mine  Heir. 

This  Eleaz.nr  of  Damafcw  fo  called  ,  becaufe  he  had  poffibly  either  purchafeda 
hoafe  at  Danafcus,  or  had  fomc  Rule  there(noc  born  there)  is  in  Chap.  xxiv.  2.  faid  to 
be  p!U3  J2}  procurator  fit'ius,  or gubernator  dtmusjncujusmannh'elirtquamomnia 
que  mih:  f::nt ,  fai:h  Rabbi  fofeph,  fli us  difiurf at ionis,  Who  chetlrs  all  under  my  Roof. 
This  is  he  of  whom  Abraham  ix^s,  1rW  V~\V  haredttat  mihi,  that  is,  He  at  preftnt 
poj}e[fes  mine  for  me  ,  ayii  hereafter  /ball  poffefs  mine  for  himfelf.  Now  this  being  the 
compenfation  of  ancient  and  faithful  fervants,  that  they  may  in  time  come  co  this,  the 
principal  familique  prudence  is,  to  ftudy  the  Matter,  and  to  let  no  word  of  his  fall  to 
the  ground ,  no  command  of  his  be  neglefted  •,  and  this  is  fc ire  voluntatem  domini.  For 
fince  the  fervant  is  in  his  body,  his  Lords,  and  has  all  accommodation  from  his  Lord  -, 
what  is  more  reafonable,  then  that  his  Lord  fhould  be,  in  this  World,  and  in  things 
lawful,  all  in  all  to  him:fo  that  the  fervant  having  no  fphere  fo  proper  for  his  aftuation, 
as  his  Matters  will,  and  that  will  being  beft  obferved,  by  fettingonesfelfto  the  exaft 
knowledge  of  it,  the  Chancellour  has  fitly  made  if  the  firft  knack  in  the  van  of  fervice ; 
and  that  which  makes  the  Matter  pleafcd  with  his  fervant-,   and  with  his  fervice  as 

iuh 

L'gU  tamen  later  Mo(cs,primo  in  hoc  ediUo  (ffeftum  legis,  videlicet  timorem  Dei  com- 
Mtmordt,dcindeadcuftodiam  can  fie  ejus,  viz.mandntorum  Dei  ipfe  invitat,  nameffdhu 
P'ioreftqudmcaufainanimoexhortantis.  That  which  our  Chancellour  calls  Legifla-  l*.  De  Mohi£ 
tor,  philo  terms  Iip«n«79-  u'omt,  becaufe  Laws  being  'Jit-Ap*}*  8saV  ;  and  tolacred  thia.p.u*. 
purpofes,  for  order  and  dittinrtion,  fecurity  and  beauty,  the  deliverers  of  them  to  the 
people  they  ruled,  may  fitly  be  termed  iiaaVIo/  •  which,  though  all  Law-makers  de- 
fer ve  not  to  be  -,  becaufe,  as  they  may  rule  folely,  yet  not  be  Kings, and  People,  yet  by 

K  no 


?* 


A  Commentary  upon  Fortescue. 


tic.  lit 


no  Law:  fo  they  having  not  fo  much  of  Divine  Recritude  in  their  Titles  and  Tranfa- 
'ftions,  may  abate  in  ihe  deferts  and  right  to  fuch  nominal  Titles.  But  Mrfes  was  none 
of  thefe ;  he  obtains  power  juftly,ufesit  moderately, and  refigns  it  willingly,  when  God 
his  Principal,  determining  his  life,  calls  Jrjbuah  to  fncceed  him.  This,  this  indeed, 
was  it&v,  nay,  ju«».7*7ai'77,  fomewhat  above  the  rate  of  men  •,  for,  as  tinde  hebent 
tjnarit  ncmojtd  opporttt  habere.  So  when  'tis  had  5  oh !  to  keep  to  their  ftipulations  is 
death  to  them.  If  violation  be  more  advantageous,  no  fwafion  of  Religion,  no  fear 
of  lofingfame,  nodifguftoftheir  People,  keeps  fuch  lawlefs  and  boundlcftNaturesin 
aw,  they  will  do  what  Providence  prompts  them  to,  and  Prudence  fuggefts.as  a  necefla- 
contien.  Ton.  ry  Expedient,  though  they  do  perjure  themfelves,and  confound  all,  that  Laws  and  Po- 
10-  licy  has  diftinguifh'd ;  and  all  this  they  do,becaufe  the  light  in  them  ii  darknefs,  and  the 
fait  unfavoury.  They  confult  with  the  falfe  Oracles  of  flattery  and  felf-magnification, 
and  decline  God  s  fear  lefibn'd  in  his  Law.  Were  that,their  Councellour,thcy  would 
do  nothing  under  pretence  of  God,but  according  to  God,  not  rule,but  as  he  does,/»*- 
viter  &fortiter ;  firft  with  juftice,  and  then  with  courage,and  that  by  &  according  to 
God's  Law,  which  directed  by  God  ,  difcovers  the  foules  vanity,  and  inftruftto 
fear  God's  Power,  and  love  his  goodnefs,  as  its  compleat  reftraint  from  enormity.  I 
know  God  by  Miracle  can  inftrud  Kings,  as  he  rained  Metnnah,  and  raifed  the  A  poftles 
from  letterlefs  F  ifher-men,  to  learned  Metropolitans,and  profound  DoSours.  He  can 
do  by  his  abfolute  omnipotence  what  he  will,  and  therefore  is  not  obliged  to  qualifie 
Princes  with  fear  and  observance  of  him  according  to  the  method  of  Nature  or  Art, 
his  Will  being  the  Law  :  'tis  but  fay,  and  do :  fo  the  Chaos  teftified  a  paffivity  to  his 
information ;  nor  did  in  the  pre-exiftent  Matter  ought  refide,  that  had  any  refraftory- 
nefs  in  it.  It  did  not,  it  could  not  appeal  from  his  Will  v  for  that  had  no  fuperiour,  no 
equal.But  in  that,  God  now  difcovers  bimfelf  to  us  in  familiar  and  natural  methods,and 
leaves  caufes  to  their  natural  operation ,  ordinarily  intcrpofing  no  Power  to  fufpend  or 
impede  the  produftion  of  effects  from  caufes -,arid  inafmuch  as  the  effeft  is  firft  in  nature 
of  projed,  though  laft  in  order  of  time,  the  caufe  phyfically  precedeing  it :  Therefore 
the  Chancellour  advifes  to  get  holy  and  humble  fear  from  the  Law,  which  is  God's  un- 
doubted will  to  us  -  and  that  which  we  knowing,  and  doing,  in  fuch  knowledge  and 
deed  (hall  be  bleft.  This  is  the  fum  of  this  Claufe. 

Sed  quit  eft  timer  ifte  qutm  promittttnt  leges  obfervationibus  fuis,  vere  non  eft  timor  Hit 
de  ejuo  fenbiturjnod  ptrfrfta  char  it  as  for  as  mittit  t'morem.  Timor  tamen  Hit  li- 
cit fervilu  fecfe  adlegendum  leges ,  Rtges  concitat,fed run  eH  ipfe  proles  leg/is. 

Our  Chancellour  having  wrote  great  things  of  holy  fear,  and  made  it,  that  Lucifer 
which  fhines  in  the  Souls  firmament,  asaneffedtofGod's  Law  read  and  praftifed  , 
now  comes  to  limit  us  to  a  right  notion  of  it ,  that  we  may  not  miftake  its  counterfeit 
for  the  currant  and  noble  grace  of  fear  •,  and  this  he  does,  by  diftinguifhing  of  fear,  at 
a  nude  and  rude  paflion ,  from  what  it  is  as  a  complex  of  graces,  and  a  renovated  prin- 
ciple, which  makes  us  commenfurate,  in  fuch  degrees  as  humane  frailty  allow,  to  God's 
requiry  of  us  in  order  to  his  glory,  our  Neighbours  good,  and  our  own  perfonal  and 
foulary  felicity.  For  as  it  is  not  every  Medicine  that  cures,  every  Suitor  that  fucceeds, 
every  Valour  that  is  victorious ,  every  Speaking  that  is  oratory  ^  fo  is  it  not  every  fear 
that  is  this  fruit  of  the  Law  this  favourite  of  God.  There  is  fear  that  quivers  through  a 
guilty  pufillanimity  ■,  there  is  fear  that  precipitates  to  a  defperate  ferocity ;  there  is 
tear  that  finks  men  beneath  their  ftation,  into  the  ftupidity  of  dull  infefts  of  fenflefs  in- 
animation ^  fear  that  petrifies,  and  obdurates  to  an  immobility  -  fear  that  lethargizes 
the  fpirits,  and  makes  a  man  dead,  while  living.  Thefe  fears  may  fometimes  be  ufeful, 
and  God  by  their  Revulfions  work  great  effects  preparatory  to  the  fearofWorftiip 
and  Reverence,  fo  often  brings  the  terrour  into  the  Confcience,  and  thereby  pricks  the 
(inner  at  the  heart,  letting  out  all  the  purulency,  and  impoftumation  of  (In  by  its  Lan- 
cet ^  and  that  removed,makes  a  kindly  Avenue  to  his  fuller  work  of  Repentance  ancj 
Convcrfion.  In  which  fenfe,  Saint  Paul  calls  the  Law,  our  School-  Mafter  to  bring  us 
to£hrift:  becaufeas  the  School-Mafter  cultivates  youth,  and  weeds  out  byhisDifci- 
piine  all  the  trafh  ,  and  corrects  him  for  all  the  wilftal  breaches  of  his  Rules,  and  fo 
brings  him  at  laftinto  a  pliant  and  regular  temper  ,    in  whiih  all  after  proficiencies 

thrive 


TimrfiUtUi  «•»- 
tur  i  dnplici  ra- 
dice  j    I .    a     a- 
gnitione   divins 
magniwdims.    &■ 
a  dile&iine  Dei 
Atagonius  in  S. 
Secunda,  Dmi 
Thomz.    ji». 
Art.   t.     De 
Timote,/>.;«4- 


Timor  Dei  eft  me- 
ws reverent!*,  & 
culms,  A  Lapide 
in  Ecclus.'xxir. 
14«  f  ■  »*. 


•p  ■ 


Serm.  13.    inttr 
p&rvoi  Sermonci, 
Timor   Jerviltt 
quantum  adfer  • 
vilHiem  ejl  mains, 
tamen  quantum 
ad  fubftaniiam 
tft  btnas.  Arago- 
nius  in  fecunduM, 
Sciuudx.    Tho. 
9i».  Arr,  4.  De 
Timore, />.  zt%. 


B'Avila,  fj*3. 


Greg.  Naz.  Ordt. 
i  5.  <m  Etclef. 
/"•7  56  eipitffes 


A  Commentary  upon  Fortes  cue.  39 

thrive  from  their  implantation  to  a  great  and  graceful  increafe  :  fo  does  God  by  toe- 
ling  the  (inner  to  read,  and  in  reading  to  be  taken  with  the  terrours  of  the  Law  againft 
the  fin  he  is  guilty  of  ■,  fo  difmount  and  c  arefs  him,  that  for  ever  after  he  is  a  changed 
man  -,  that  as  God  did  call  off  Paul  from  his  eager  Pkirifiifm,  and  Saint  Angufiine 
from  his  prophane  Mankhifm,  by  the  voyce  of  his  power  and  mercy  effedually  touch- 
ing them  ;  fo  does  he  often  do  by  others ,  through  the  miniftration  of  the  Law  •  the 
threatnirigs  of  it  being  as  fo  many  voyces,  and  Counfelsof  defiftance  and  abhorrence. 
This  Saint  Bernard  counfds  the  (inner ''to  obferve  ,  that  he  may  be  happy-,  Fin 
tic ct dens  ad  fcruitutem  Dei,  ft  a  in  timorc  ,  fi  ex  timore  te feceris illius  fervum  , 
f*eitt  te  ex  charitate  amicum  fuum ,  &  fie  aqua  timoris  commutabitur  in  vinum  diletlio  - 
nis.  But  this  fear,  though  it  be  like  poyfon,  ufeful  by  the  modification  of  Omnipo- 
tencej  yet  it  is  not  the  fear  of  thofe,  whom  God  values  Jewels,  and,  as  fuch,  will  pro- 
tect, Mai.  iii.  *Tis  not  the  fear  of  God's  Eleft,  fpuriorumtitnor,nonfiliorum;  'tis  ti- 
mor  preda,wn  probitatis,  a  fear  that  preys  upon  the  vitals  of  ingenuity,  and  like  imbib'd 
fpirits  at  prefent  refrefhes,  but  after  grate on,and  overwhelm  them,  without  Godfan- 
ctifie  it  to  illuminating  purpofes.  Therefore  this  fear  qua  fuch  being  not  of  ftanch 
materials,and  loyal  compofure,  is  not  able  to  fortifie  againft  evil,  and  to  provoke  to 
good ■,  not  make  the  foul  as  compleat  towards  God,  as  the  Queen  of  Navar's  accora- 
plifhments  rendered  her  to  the  World,  when^r  not  onely  bore  up  the  degree  and  efti- 
mation  of a  Queen,  though /be  had  no  Kingdom,  but  kf ft  up  her  f elf ,  and  built  up  the 
greatnefsof  her  Son,  in  fpight  of  adverfe  fortune-,  but  it  flags,  and  renders  the  man  that 
is  acted  by  it  mercenary,  illiberal,  and  conftrainedly  onely  good,  being  fo  far  from 
enfranchising  the  foul,  that  it  fervilize  it ,  and  reduces  it  to  Jin  anguftation  of  per- 
plexity. 

Whereas  the  fear  of  God,  which  Jl/e/w  magnifies  as  the  Laws  work  inthefacred 
heart  of  Kings,is  qua  ft  auriga  anima,  qua  ft  nauclerus  anima,  qua  ft  fpeettla  anima ;  'Tis 
«a>7»e/S>  *»9{ffl57wi'  eor»vi'o(  A,  a  falutiferous ,  but  a  rare  endowment ;  and  a  good 
Prince  applyes  that  ofSjnefttu  to  the  fear  of  God,  makes  God's  fear  the  philofophy  he 

fetS  down  to,    x}  yuiyv  77  ytpttu  v(J.bj»  Simmy  *i  «ti  \-n  tpiKitrcfia.  yitoije  ,   in  Ef.    45. 

ad  Herculianum.  That  which  carryes  him  not  Phaeton-tike,  furioufly  up  to  the  Clouds 
of  Pride,but  Chriftianly,by  the  fafe  path  of  Humility,  fteers  him  to  fecure  his  immortal 
foul  from  thofe  exitials  that  are  occafioned  by  two  much  either  of*  prefumption  or  de- 
fpair,  gives  him  a  Profpedc  of  God  in  his  Soul.and  in  Heaven,  in  the  Throne  of  his  af- 
fections ,and  in  the  blift  of  his  divine  fupereminency  •  and  by  this  incoats  glory  even  in 
this  ftate  of  mortality  j  which  A  Lapidt, on  thofe  words  of  the  Son  of Sjrach,Chap.  34.  A  ugiiitit  /♦* 
1 S.  Blefted  is  the  foul  of  him  thatfeareth  the  Lord,  to  whom  he  doth  loole^,  and  who  is  his 
ftrength.  Thus  defcants  on,  parata  eft  anima  ( faith  he  )  fapientis  turn  infpe,  quia  per 
timorem, &  amorem  Deifperat  ccrtique  affequetur  fperatam  afe  Beatitudinem,  turn  in 
re, quia  beatitude  hujus  vita  confiftit  in  timore  ftlialijooc  eft ,*»  amore  Dei, quia per  cum  fit 
amicus, filius,  &  hares  Dti,&  cohares  Chrifti,  quare  ut  filius,  a  Deoprotegitur,  dirigi- 
tur ,  cmnique  bono  cumulatur.  Thus  he.  And  therefore  as  it  follows  in  our  Chan- 
celloHr. 

Timor  vera  de  quo  hie  loquitur  Mofis  quern  &  pariunt  leges,  eft  iUede  quodicit  Pro- 
fheta,  Timor  Domini  Sanctuspcrmanctinfaculumfaculi,  hie  filiate  eft,&mn 
novit  pcenam,ut  ille  qui  per  eharitatem  expeMitur,  namifte  a  legibus  profieifcitur 
qua  docent  facere  voluntatem  Dei  quo  ipfe  panam  non  mcrcsur ,  fed  gloria  demini 
eftptper  metuentes  eum,  quos  &  ipfe glorificat ,  timor  autem  i(le,  timor  eft  de  quo 
Job  poftquam  multifarie  Japicntiam  invefiigat,  fie  ait  ■,  ee(t  timor  Domini  iff*  eft 
fapientia,&  recedere  a  malo,inteHigentia  Job  xxviii.  Recedere  a  malo,  quod  intel- 
ligent ia  timoris  Dei  eft,  leges  doceni,  quo  &  timorem  h/tnc  ipfa parturiunt. 

In  this  conclufion  of  bis  firft  Chapter,  our  Cbancellour  has  reduced  into  a  compen- 
dium, all  that  he  writes  concerning  the  fub  jeft  of  Tear,  as  the  Leffon  of  the  Law  to  the  ~ 
Prince.  And,  as  in  the  former  Claufc,  he  (hewed  what  fear  the  Law  wrought  not 
as  its  proper  and  moft  noble  work,  that  is,  in  the  effeftuation  it  exprefleth  to  the 
mind,that  is  taught  by  God  :  fo  in  this  does  he  fet  forth  fpecially  what  it  is  in  the  ufe- 
ful and  proper  proceed  of  it  towards  a  gratious  and  well-inclined  pcrfon  -,  and  this  he 

doe» 


4o 


Caten.  Grate. 
PattUIT)./>.  4!  9- 

r£  i/ii » 


ntgywrn 
%$m  mtl  0t« 

»pa£/<.lfidof 
in  Job  xxviii 

Gtegerius  Theo- 
lo£.*f»d  Caten. 
Gizcorum  Fa- 
ttum  in  Job  xx. 
i»  *3«. 

1  Jet.  11. 

(jvw  oyuhif 
une'if  Si  iA- 

pi«    «/*»    TH< 

rtif  phvaeitu, 
Greg.  'N*z. 
Orat.  $3. 


yi  Commentary  «^o»  Fortes  cue. 

does  OUt  Of  that  of  the  Pfalmift,    Pfal.  .     The  fear  of  the  Lord  endures  for  ever  ". 

not  by  a  duration  of  time  ■,  for  the  abforption  of  \  aiih  by  Vifion,  srifa  Hope  by  Frui- 
tion,determines  all  fear,  as  it  is  in  order  to  beatitude  •  for  that  being  en  joyed,  fear,  the 
meanstoit,  is  lodged  i/1  its  end  •,  but  the  fear  <f the  Lord  endures  for  ever,  thac  is,  it 
makes  the  fearers  of  God  fo  walk  before  Cod,  while  they  arein  the  way  tolum  ;  as 
that  he  (hall  take  them  into  glory  with  him,  and  give  them  a  coeternity  of  beatitude 
with  him,  which  (hall  as  little  ceafe  to  be  what  it  is,  as  his  own  Effence  fhall :  fo  that 
he  being  for  ever  and  ever  his  united  to  lnm  by  grace,  fhall  in  glory  alfo  have  a  be- 
ing and  endurance  for  ever  and  ever,  or  elfe  for  ever  and  ever,  0?^7>  >s  an  ac- 
cumulate expreffion  ,  denoting  a  conftant  me  hod  of  God  in  all  diftributions  of  his  to 
men  by  hoi j  fear,  to  ufher  in  all  their  fubfequent  fcrvices.  And  this  is  but  as  the  way 
to  that  he  wages  ■,  whether  one  or  both  fenfes  amounts,but  to  the  acclamation  of  filial 
fear,  which  is  the  Oyl  of  Charity,  the  odour  of  a  fweet-fmelling  Sacrifice  to  God  :  fo 
far  from  beinginconfiftentwith  the  Charity, that  is,  the  bond  ol  perfection,  that  it  is 
the  very  Charity  ,  that  is,  the  Bond  of  Perfection.  Since  thus  to  fear  God,  and  keep 
his  Commandemcnts,  is  the  whole  duty  oi  man.  And  this  to  do  ,  though  it  does  not 
panam  ncn  mtrere,  as  the  Chancellour's  words  are ,  which  attributes  too  much  to  the 
of  us  operatum  ,in  the  defert  of  it  ■,  fince  all  our  righteoufnefs  is  but  as  a  filthy  rag  before 
God  ■,  and  when  We  have  done  all,  we  are  commanded  by  our  Lord  to  fay,  we  are  but 
unprofitable  fervants,va.d  fo  no  meritters,but  demeritters.  Yet  does  the  acceptance  of 
God's  mercy  crown  this  fear  fo  far  in  us ,  that  it  makes  us  more  then  Conquerours 
over  our  corruptions,  which  are  defervedly  our  fear,  and  entails  us  to  the  fure  mercies 
of  David,  which  are  emanations  of  fidelity,  and  munificence  infeparable  from  the 
fearers  of  God,  becaufe  founded  upon  the  veracity  of  his  immutable  Godhead.  And 
hence  it  is,  that  fob  his  determination  of  God's  fear  to  be  wifdom,  and  to  depart  from 
eviltcbeunderftanding,  thap.  2?.  is  literally  and  infallibly  to  be  underftood,  as  incfe- 
fatigble  ;  and  the  fame  is  expreffed  to  be,  becaufe  it  is  the  fear  of  the  fontal  and  dura- 
bly wife  being,  and  fo  is  objectively  Wifdom,and  it  worketh  a  practice  in  man  fuitable 
to  the  purpofe  of  God  in  his  Creation  and  Endowment,  <7»ff*  3S  irfw'^/S/oj,  &c.  A 
holy  life  is  the  fir ft  amimoft  excellent  Wifdom,  and  that  which  is  mo  ft  clean  and  acceptable 
With  God ;  which  is,  to  abhor  and  recede  from  evil,  as  God's  oppofite  and  Antagonift 
in  his  foul,  and  fo  argues  underftanding,  and  makes  him  fubjectively  wife  ,  becaufe 
wife,  both  the  witnefs  of  wife  actions,  fince  fin  is  abfolute  folly,  as  God  charges  it  in 
his  people.  Mj  people  have  committed  two  evils  j  forfakjn  me  the  fountain  of  living  waters, 
and  digged  to  themj elves  broken  Cifierns  that  will  hold  no  water. So  that  the  Law  of  God,in 
all  fenfes,  teaching  man  his  duty,  and  quickning  his  endeavour  by  grace,  imparted  him 
to  a  capacitation  of  it,  and  a  resignation  of  him  to  the  conduit  and  empire  of  it,  may 
well  be  magnified  by  our  Chancellour  in  this  firft  Chapter  •,  and  the  Scripture  he  re- 
fers the  Prince  to  from  the  Book  ofVeutercnomjt,  of  all  other,  be  the  moft  peculiar  to 
the  ends  of  hislnftruftion  in  the  fear  of  God,  and  to  the  obfervation  of  his  Precepts  all 
the  days  of  his  life  ■,  faying  of  our  Chancellour,as  Sjnefins  does  of  his  Herculian,  t.j 
%v*nnJiii<Ti£ycuT»<tb*ts,  &c.  If  there  be  queftion,  whether  there  be  Syrens,  ft  long  a* 
jottr  Inflrttttions  remainjhtj  willfut  them  out  of  queftion,  fmce  in  ever)  line  of  them  thej 
havefmh  melodious  notes,zs  wholly  Fertefcue,  the  Prince,and  render  him  unable  for  ad- 
miration to  contain  himfelf  And  fo  I  end  the  firft  Chapter,  referring  the  Reader  for  the 
fuller  fatisfactionof  the  latitude  of  holy  and  fervile  fear.,  to  the  many  Authours.whofe 
Works  have  much  of  it  -,  as  they  may  be  read  in  Fabian  fvftinian  his  Index  Vniverfa- 
lu.  Printed  at  Rome,  Anno  if>  12.  p.  529.  and  in  the  Scheie  men,  who  generally  have 
written  as  largely  on  the  Head  of  Fear,  as  on  any  other  common  place  whatever.  And 
fo  I  proceed  to  what  follows  in 


CHJF.  II. 

HtAC  C  fit  audivit  Princeps,  ereSlo  infencm  vultu  fie  locutus  tft~\  becaufe  I  look  up-, 
on  thefe  Dialogues,as  to  the  Perfons,  as  well  as  to  the  Matter  real,and  not  fictive : 
therefore  1  term  this  Chapter  the  Prince's  Replication  to  the  C  hancellour.     And  three 
rotable  thirgi  it  is  confidered  for :  Firft,  the  Prince's  civility,  in  a  fpecdy  repay  of  his 
k>ve;  hac  m  audivit  Princcps.    Secondly,    the  Prince's  preparatory  perneis,   toopi 

pbfe 


jf  Commentary  upon  Fortes  cue.  41 

pofe  his  youth  to  this  grave  and  wife  Ch.mcellour's  age  ,  ereSlo  in  fenem  vuku,  jic  loot- 
tns  eft.  Thirdly,  the  Prince's  pregnane  and  pithetique  Reply  in  the  following 
matter. 

Hrft,  the  civility  of  the  prince's  recurn  to  the  Chancellour' s  counfel,  is  notable :  no 
fooner  had  he  a  fenfe  that  he  was  obliged.but  inflantly  he  meditates  the  compsnfation  ■ 
htc nt  audivit  Princefs.  ' Tis  true,men  miy  have courtefies  done  them  they  know  not 
of,  and  then  their  detinue  of  thanks,  till  they  have  notice  that  they  have  received  ktnd- 
ncfs.is  their  excufe  :  but  when  a  kmdnefs  is  done,and  fo  palpably,  as  we  our  own  felves,  - 
are  privy  to,  and  convinced  of  the  reality  of  it  ■,  if  then  we  either  do  it  not  at  all,  or 
not  feafonably  ,and  while  'tis  warm  and  frefh,  we  do  amifs.  For,  as  ingratum  eft  bene- 
ficium  quod  dm  inter  manus  dantis  ha  fit ;  fo  is  the  thanks  fufpeftable  not  to  be  real, 
when  it  is  cold,  and  comes  by  grand  paws,  and  tedious  crawlings  to  thofe  we  ow  it  to. 
This  our  Prince  abhorring,  as  knowing  the  fufpition  of  ingratitude.too  great  a  blot  for  ' 

Ma  jefty  to  be  branded  with,  fuffers  nothing  to  impede  his  thanks  to  the  Chancellour, 
but  fends  by  the  fame  Poft  that  brought  the  Narrative  Packet,  his  recoil  of  acceptance, 
htc  nt  audivit :  no  Arrow  as  it  were,is  impelled  toward  the  Mark  •  no  thought  ejacu- 
lated to  its  obje<5t,  no  volubility  of  the  eye  more  quick,then  this  courtefie  oi  his  Prince-  .  ' 
ly  heart ,  htc  ut  Audivit,  that  is,  »ow  citim  audivit  quam  retribuit ;  well  knowing  thac 
of  the  Moralifi  was  true,  qui  ctto  dat.bis  dat  ■,  and  that  he  who  makes  no  hafte,  has  lit- 
tle good  will. 

It  is  I  know,  a  way,  of  narrow  minds,  to  defer  rependments,    in  hope  that  time  may 
wear  out  the  expectation  in  thofe  that  deferve  it,as  it  does  the  gratitude  of  thofe  thac 
are  defer  ved  of:  fuch  fpirits  are  frequent  to  vulgar  births  and  brats  of  felf-admira- 
rion,  who  are  content,  every  body,  fhould  admire  them,  and  as  divine,  offer  to  them  • 
while  they  in  no  fort  divine,are  immunificent  •,  no  rain  of  their  bounty,  no  fun-fhine  of 
their  favour  falls  on  their  adorers,  though  their  loves  to  them,  make  them  their  coftly 
Votaries :  all  they  fow  upon  this  Rock,  and  commit  to  this  Cormorant,  is  fare  to  be 
thin  come  up,though  thick  fown.     And  well  it  were  ,    if  fuch  degeneracy  were  the 
botch  and  deformity  of  men  of  low  degree ;    but  greatnels  fometimes  has  been  capable  mnb*Mu"l* 
ofthefe  ingratitudes  •   yet  the  Prince  takes  no  prefident  from  them  that  are  great,  but  "'"•  p>^»m 
not  good,  and  have  prelation  aT>ove  others  in  body  and  b!ood,but  not  in  mind  and  vir-  s"f,m"- 
tue.Therefore  his  practice  is  to  hafte  out  of  debt,  to  accept  of  what  is  in  love  prefentcd 
him,  and  to  reprefent  himfelf  the  owner  of  it:  this  is  the  rtrft  thing,  the  Prince's  acce- 
leration, reddere  quod  recepit,cui  receplt ; 

Hxc  ut  audivit  Princefs, 

Secondly,  the  Prince's  preparatory  pertnefs  is  notable ;  pertnefs,  in  that  he  takes  fire 
immediately  upon  theftroke,  and  kindles  by  his  own  innate  candor,  andtheveftal 
touch  of  his,  gentle  mind  ;  and  preparatory,  I  term  it,  becaufe  it  was  ordinated  to 
ufher  in  the  fubfequent  matter,  more  conveniently.  It  was  the  Preface  to  the  Dif- 
courfe,  and  the  Porch  to  this  Pupil-like  entertainment  of  the  grave  Chancellour.  Ereilo 
inft»em  vultn  j  he  does  not  roughly  frown,  or  rudely  grin ,  but  gravely  youth  out  his 
mind  to  his  Tnftruc/tor,  ereflo  in  fenem  vulttt.  Of  all  the  parts  in  man,  the  face  we  call 
the  Market-place ,  and  in  the  fae  the  eye  is  the  jewel  of  it.  Of  all  the  fenfes  of  man, 
fight  is  the  nobleft ;  not  onely  becaufe  it  is  the  Organ  even  of  our  Clarification  in  Hea- 
ven, and  char  which  we  fee  the  face  of  God  by,  but  becaufe  here  in  this  World  it  is  the 
inftrument  of  our  Earthly  Heaven,Wifdom,  and  philofophy  -,  which,  in  Pbilo's  words, 
have  their  initiation  from  no  other  thing  in  us,  i  t»«  iyt/MvUQ-^dic.  then  from  it  as 
the  Prince  of  the  Scnfes;  therefore,  though  he  calls  it  fmall  in  bul-k,  yetheadds,  'tis  ££•  ?!$"** 
that  organ  which  views  the  great  things  of  Heaven  and  Earth.  Thus,  as  Phidius ,  to  m0'M 
ufe  his  words,  Didostt  of  every  material,  make  Statues, Gold,Waod,St*ne,  Iron,  his  Art 
tfpcar.ng  i„  every  Figure,let  the  Materials  be  never  fo  trite,  that  an]  one  that  had  artly 
tyes  might  fee  him  the  Workman  :  fo  God  the  great  Art  hiteEl  of  man,  though  he  has  made 
him  to  ccnfifl  of  parts  more  and  lefs  noble  -,  yet  in  the  minute  ft  and  leafi  glorious  part  has  he 
inflaned  his  mat. hie  fs  power  andgoodnefs.  Alas  1  the  face,  it  is  but  a  ball  of  flefh,  and 
the  eye  but  a  bubble, which  Omnipotence  keeps  clear  and  plump ;  yet  how  inexpreffible 
is  the  prevalence  of  thefe  to  captivate  love  ,to  fearch  into  art,  nay  to  do  actions,  fecond 
in  a  fort.to  thofe  of  miracle  and  aftonifhment.     ' 

But  I  lay  no  more  of  the  face/or  that's  ipf a  or  is  {pedes  ■,  our  Prince  is  here  faid,  eri- 

t  gerc 


Tac.  lit.  is. 


^x  A  Commentary  upon  Fortescue. 

ut.  De  Ontov    gtre  vultum,  and  chat's  to  prefent  his  Will,  qua  pro  motu  animi,  infacie  cfienditur.     5o 
ii.iDcOcmoic    y-^^  Vkltiu  qui  fenfus  animi  pier  unique  indicant ;  and  Imago  animi  vult us  t B,  :ndi~ 
ccsoculi;  andasdeje&ionof  Countenance  fhews  a  guilt,  which  Cain  confirms  after 
that  fraticidial {acinus ,    when  God  told  him  his  countenance  was  fallen  from  his 
brightnefs  to  be  fad  :  fo  erection  ofCountenance  is  a  token  of  God's  primave  large  fs, 
f,t*  and  Nature's  innocency  rcfting  in  us.     iUc  vultus  noftros  trtxit  in  calum,  &  quit  quid 

miripZcum  magnumque  fecerato  a  fufcificntibus  voluit,  ice.  faith  Seneca.  Indeed,  the 
Antients,  and  men  of  wifdom  in  all  Ages,  have  made  the  Countenance  the  Horizontal 
Line,  upon  which  the  Una's  of  the  Mind,  and  the  poffeffions  of  the  Regency  there, 
turn  themfclvcs  open  to  a  perfect  view  ;  when  there  is  a  fad  difaftre,  and  a  lugubrious 
uncouthnefc  within,  there  will  be  a  flag  of  defiance  to  joy,  and  gentlenefs  in  theYi- 
fage  •,  there  will  be  ambiguus^  ac  confccleratus  vultus,  as  Horace  fays ;  Quintilians,  di- 
ut.t.c.t.  fiortus  vultus  y  Ovid'/  Durus,  ferinns,  Terribilis,  Trepidus,  Triftis  vult  us ; 
Seneca'/  Igneus  ,  Tumidi  &  truces  vultus.  There  will  be  Ovid's  Countenance  that 
Tnjeiim  &  it-  covets  abdere  vultus  fuos  tenebris,  z  Vc  Rimed.  Amor.  39.  Men,  in  thefe  cafes,  will 
gmtr  vitiu.  toto  vuitH  in  terram  procumbert ,  1 4  Mttam.  ^7,They  will  fhew,  what  troubles  the  fpi- 
rit  of  man  hating  prevarication  has.  And  when  again  there  is  contentment,  and  a  virtu- 
ous habit  j  when  all  is  placid,  and  averfe  to  mifcbief;  then  there  is  on  the  Virgin  Viftud 
Table,  the  Infcription  of  Decorus  fliletbus  ,Hilarisjngcnuus.'Xhen  there  is  Ovid's  Lett  us 
&  Itjuens  nitidus  vultus ,  and  Virgil's  Virgint  us ,and  Flacidus  -,  and  Claudian's  Cemptus 
&  CorufcMs  vultus.  In  fhort,  the  face  and  new  of  it,  is  an  undeniable  gnomon  of  the  in- 
terns that  reflect  their  beams  of  intention, or  remiflion,of  brightnefs,  or  obfufcation,ac- 
cording  to  the  nature  of  them  in  their  original :  So  that  whereas  our  Chancellour  tx- 
preffes  the  Prince  as  erefting  his  Countenance  on  them  ■,  he  concludes  him  pleafed  with- 
in, and  evidencing  of  it  in  a  conformity  of  looks  on  the  vifual  fuperficies  of  fo  compo- 
fed  a  foul  and  fenfe  •,  and  by  ereBo  vultu,  here  he  means  what  other  Authours  do  by 
the  moft  benign  Epithites  -,  and  what  Ovid,  Placido  vultu  rtfpice  me*  munera.  1  Far 
ftor.  4.  and  as  one  that  did  not  adder  e  vnltum  verbis  onely,  but  pr aire  verba  vultu  ami' 
call.  He  makes  way  for  the  main  addrels  of  his  gratitude  in  the  following  words,  fie 
locutus  efi. 

Scio  jCanceBaricyquod liber  Ocuteronomii,^«rw  tucommemorasfacra  Seriptura  volu- 
men  el~l,  leges  quoqne  &  Caremonia  in  eo  conferipta  ,  ttiam  facra  funt,  d  Domin* 
editti&ptrlAokn  promulgate,  guare  eat  legere  SanBa  contemplations  dulccdt 

Thefe  words  argue  the  Prince  both  gentle  of  nature,and  fatisfied  in  reafon  and  judg- 
ment •  that  as  by  the  one  he  accepted  the  counfel  of  age,  fo  in  the  other  he  owns  the 
gratification  of  youth  ,  in  the  firm  perfwafion  of  the  Chancellour's  Arguments  to  be 
valid,  and  his  quotations  Scripture.  And  to  make  his  ingenuity  more  tranfparent,  I 
fhall  firft  obferve  his  Affent  to  the  Canonization  of  the  Book,  out  of  which  the  Scri- 
pture-counfel  is  taken  •,  Deuteronomy ,  that,he  owns  to  be  Sacra  Seriptura  Volumen. 
Secondly,  his  Recognization  of  the  Laws  and  Ceremonies  in  it  as  facred,  becaufe  pare 
of  the  Canonique  Scripture  ,  Leges  &  Ceremonia  ineo  confcripta.etiam  facra  funt. 
Thirdly,  his  mention  of  the  Authour  of  them,  GOD,  d  D*mine  edita.  Fourthly, 
his  notice  of  the  Inftrument  of  their  Promulgation,  M»fes  ,  Et  per  Mofen  promulgate. 
Fifthly,  the  Conclufion  be  fubjoyns  ,  deduced  from  the  preconceffions ,  guare  eat 
legere  SanBa  contemplations  dulcedo  efi.  Thefe,  as  the  oratorious  and  pious  Prelimi- 
naries to  his  weighty  fubfequent  Reply , are  worthy  notice.    But  yet  I  proceed. 

Sed  lex, ad  cujus  fcientiam  me  invito*,  humana  efi,ab  hominibus  edita  &  traBans  ttr- 
rena:  quo  licet  Mofes^Dcuteronomii  leUuram  Rtges  Ifrael  afirinxerit,  eum 
per  hoc  Rtges  alios  ad  confmiliter  faciendum  iufuis  legibus  comitate yomnem  effugit 
raticnem  ,  cum  utriufque  IcBura  nun  fit  eadem  caufa.  ♦     , , 

This  Claufe  has  the  Nerves,  Sinews,  and  Ligament  of  the  Prince's  reafon  in  it,  and 
had  need  of  athletary  and  mafculine  Arguments  to  refolve  and  repel  it.  No  doubt,  the 
Law  of  God  which  Mofes  propofes,  is  that  which  has  an  ivjovm*  in  it  felf,  and  ought 

to 


A  Commentary  upon  Fortes  cue.  4.3 

to  have  a  more  then  moral  fwafion  on  men ,    my,  a  divine  Fmpire  over  them,  to  be-, 
lieve,cmbrace,  and  follow  the  Prcfcript  of  it  •,  the  reafon  is,    becaufe  flefh  and  blood  is 
non-pluffed,and  has  no  Rampier  to  raife  againft  the  Battery  of  its  Divinity  •,  God  does 
afllit  it  with  fuch  an  infeparabihty ,   that  no  wit  of  man  fhall  hold  out  fiege  againft  it  • 
butifhebenotfealedup  to  the  day  ofdeftruftion,  fhall  yield  up  his  reafon  and  prc- 
poflefGocs  to  it.     No  doubt  therefore,  but  Ifrael's  King  would  hold  himfelf  concerned 
in  a  punftual  confiftency  to  it.     God,  whofe  the  fpints  of  Kings  are,  was  in  it,  and  he 
dinted  the  edge  of  it,to  cut  through  the  oppolitions  of  all  argumentation  againft  it.  And 
therefore  it  was  capable  to  teach  the  fear  of  God  in  God's  method,   and  to  the  propor-, 
tion  of  his  requiry,becaufe  he  fitted  it  to  that  end.     JTwas  mighty,  through  God,  .to 
difmantle  the  ftrong  Holds  of  Satan,  and  to  refcind  every  obftrudhon  thatadverfateth 
that  end  of  God.     IthadamightyuAuthour,GOZ)i    and  a  mighty  Minifter,  ^c/m, 
and  a  mighty  appearance  with  Thunder  and  Lightning  •,    and  thence  ought  to  have  a 
mighty  power  with  Kings,  to  teach  them  how  to  rule  men  under  God,  that  they  and 
their  fubjefts  may  live  with  God  for  ever.     But ,    Sir  ChanceHour ,  quoth  he,  Saul's 
Armour  will  not  fit  David,  nor  will  the  Prerogatives  appropriated  to  this  one  onely 
Law,bc  appliablc  to  alI,no  more  then  the  Scribes  and  Pharifets  come  up  to  Mofes,  be- 
caufe they  lit  in  Mofes  Chair  :     Mofes  was  a  man  mighty  in  word  and  in  deed ,  his 
Law  was  written  by  the  Finger  of  God  ■,    the  Statutes  and  Appointments  of  it  were 
contrived  in  the  Divine  Mind ;    and  no  wonder,    if  they  directed  to  God  their  Center 
whence  they  originated :  no  wonder,    though  they  taught  the  Kings  that  were  to  be, 
what  they  might,and  might  not  do,   and  poffeffed  them  with  a  fear  to  do  the  contrary, 
and  with  a  care  to  do  their  pofitive  in  juu&on,  in  reverence  to  God  the  en  joyner,  and 
to  the  in/uncl:ion,as  a  part  of  his  Worfhip.     All  the  fcruple  is,  How  humane  Laws  that 
are  made  by  men^fubjeft  to  like  infirmities  with  others :  perhaps,  Tyrannos,  tructr. 
/«rf,prophane,per  jurious.     How  thefe  fo  weak  and  wicked  fhould  arrogate  the  autho* 
rity  of  God,and  command  indifputable  obedience  to  their  Laws.     And  how  Kings  that 
are  holy,pious,and  beloved,(hould  be  reafonably  thought  to  read  them.or  be  obliged  to 
conform  to  them  ■,  fince  ejualis  caufa, talis  effettus, (hrcv/dly  prefumes  the  Laws  of  vio- 
lence and  injurious  contexture  and  impreffion  like  themfelvcs.     This   the  Prince  ob- 
jects, as  holdinghimfelfnotfoftri&ly  obliged  to  perufe  the  Laws  of  England,  fince 
they  are  but  humane  in  their  fubjeft  matter,  and  earthly  in  the  objeds  that  they  re- 
fped.    And  this  concludes  the  fecond  Chapter. 


CHAP.   III. 

At  Cancellarius ,  feio,  inquit,  per  has  qua  jam  diets  (Princeps  clarijfime)  quant a 
advertentia  exhortationis  met  tu  fender  at  tjualitatem  quo  me  non  infim'e  concitas 
fuper  inceftis  nedttm  clariitsfed &  profundius  quodam  modo  tecum  difcettare. 

THefe  wordi  bring  in  the  ChanceUour  ,2cknow\edgitig  both  the  candor  in  thePrince, 
and  the  favour  of  the  Prince  to  him  ;  which  he  the  rather  here  mentions,  becaufe 
good  counfel,and  noblePrecepts,have  not  ever  fuch  returns  fromP  upils  on  theirTwfer/. 
'  fwas  rare  counfel  that  Seneca  gave  Nero,  in  his  Book  De  dementia,  which  he  fays  he 
begun  and  continued,  Vt  ejuodammodo  fpeculivice  fungerer,  &  te  tibi  ofleuderem  per- 
venturum ad vsluptatem  maximam  omnium.  And  yet,  though  it  had  the  fublimeft 
ftrains  of  rhetorique  love.and  pathetique  zeal  to  his  aggrandization,  that  it  might  po- 
lifh  the  roughnefs,and  attenuate  the  fuperbity  of  his  nature  tending  him  to  practices,  as 
victorious  oyer  paffion,  and  as  obliging  to  fubjefts  gratitude  ■,  as  Auguflus  his  was  ; 
whom  he  brings  in  as  juftly  glorying,/V*/h><7?/,  Carfar,  civitatem  incruentam,  &  hoc 

?uodmagn»  animoghriatus  e<,  nultam  tetotoorbe  fiillam  crueris  humavi  mififfe  •  yet  had 
e  no  other  anfwer  but  deaih  from  that  parricidial  Monfter.  But  bleffed  be  God,  our 
Chancellour  having  to  deal  with  a  fweeter  Nature,  and  receiving  from  him  better* 
proofs  of  radicated  virtue,  gives  him  this  due  Encomium  in  the  Exordium  of  this  Cha- 
pter. And  that  he  does  by  feveral  Gradations.  Firft ,  he  falutes  him  as  a  Prince  mofr 
excellent  ;  not  as  great,  but  good ;  not  glittering  in  the  Veft  of  Royalty ,  fo  much  as 
in  the  Virtue  of  Meekn«fs  and  du&ility  •,  In  maxima  pot e fiat e  hac  vtriffm*  animi  tern-  , 

ftranti* 


44- 


A  Commentary  upon  Fortes  cue. 


tii.  I.  De 

mentia,  [. 


fettitus  in 
Atic.  lib.* 
*.p.  531- 


legtt. 

m. 


liviut,Mii. 


do-  ptrantia  &  humAui  generis  incomfrehenfbilis  amort  non  eupiditAte  aliqua,  non  temeritAte 
incendi^nonpriorum  principumexempliscorruptttm,  quantum  in  ewes  fuos  lie  (At  experi- 
endv,  tent  Are,  fed  hebetare  aciem  imperii  fui  ;  as  SentCA  wrote  to  Nero.  And  then  k- 
condly,  not  fctting  light  by  the  grave  and  pithy  fuggeftions  of  his  experienced  State- 
Miniftcr,  who  had  wiih  loyalty  and  love  aflerted  his  Rights,  partaken  in  bis  misfor- 
tunes i  and  now  for  his  good,  affectionately  imparted  bimfelf  as  he  was  able  to  him. 
This  had  been  but  like  heady  and  gratelefs  Youth  ,    which  is  apt  to  neglect  and  forgec 

f'reat  defcrts,and  grave  defervers ,  which  the  Attique  Laws  cenfured  •,  as  VaL  Max. 
ib.  J.  c.  3.  witneffeth,  and  which  all  ingenuous  Natures  abhorred.  But  in  tbac 
he  docs  accept  the  counfels  ,  and  confider  them,  magnh  advertentl*  ,  intently 
and  with  a  fixation  of  mind,  to  be  conducted  by  them ,  and  to  admit  them  to  a  regency 
in  him.argues  him  a  high  favourer  of  virtue,  and  one  that  befpeaks  the  Chancellour  to 
continue  his  fervice  to  him,  and  that  not  in  the  ordinary  way  of  daily  aftancy,  and  ap- 
pearing at  this  Court  •,  but  of  diligent  ftudy  to  confider,  and  of  faithful  Refolution  to 
impart, what  he  conceives  fit  for  him  to  know  and  do  •,  yea,  and  to  convey  this  to  him 
by  a  method  of  effectuality  and  perfpicacity  •  that  by  delighting  him  with  the  method 
and  pleafure  of  the  Congrefs,  he  may  be  enamoured  with,  and  furprized  by  the  po- 
tency of  the  Reafon  •,  and  thence  be  formed  into  fuch  a  compofure  of  honour  and  ho- 
nefty,  as  may  for  the  prefent  make  him  the  darling  prince  •,  and  in  future, promife  and 
perform  him,  if  God  fee  fit,  the  renowned  King  of  his  Fathers  Subjeds  j  which,  thac 
he  may  by  this  means  come  to,  he  proceeds  to  dired  him  as  follows. 

Scire  igitur  te  voloy  a.  tied  nonfolum  Deuteronomii  leges ,  fed  &  omnes  leges  human* 
faertfunt-     £1*0  Lex  fub  his  verbit  definitur,  Lex  eft  Santrio  S Artel  a  jubens  ho « 
nefiay&  prohibens  contrari*  ;fanclum  enim  ejfe  oportet,   quod  ejfe  fanUum  de  fins- 
turn  efl. 

Here  the  Chancellour  fhews,  that  though  the  Laws  of  God  mentioned  in  his  Word, 
and  Deuteronomy  as  part  of  it,  be  primarily  y  and  ferfe  faered^eczuk  they  immediately 
come  tfontcfACro,  and  are  the  iftues  of  explicated  Divinity,  there 
being  a  kind  of  patefaftion  of  God  in  the  Wifdom  and  Order,  the 
reafon  and  necefhty  of  them,to  preferve  Natural  Religion,  Civil 
Juftice,  and  Social  Harmony  •,   yea,   and  todifpofemenby  their 
oeconomy,to  glorifie  God,  in  adoring  him  as  Supreme,  and  ftcu- 
ringhis  from  the  facriledgc  of  our  Infolence  -y  and  though  God  has 
implanted  fuch  Majefty  in  his  Laws,as  is  not  in  any  humane  Law  in 
the  World,abftraftcd  from  it ,  ye  are  all  Laws  which  derive  their 
force,  dlegenAturt  (  and  thofe  that  do  not,  are  no  Laws,  ac- 
cording to  that  of  the  Schools,*  JV*/?*  Lex  hx-mana  habet  vim  legit 
nifi  in  quantum  a  lege  naturx  derivatur  )  and  are  honeft,  juft,  pof- 
fible,  according  to  the  Cuftom  of  Places  and  Times,  advantage- 
ous to  common  profit,  and  plain.    Thefe  as  regulated  by    the  c- 
ternalLaw   of  which  they  partake  ,  inafmuch  as  from  it  they  are 
inclined  in  proprios  alius  &  fines.    Thefe  though  Humane,  in  re- 
gard of  their  Makers,  and  in  regard  of  their  Tether,  they  refpe- 
aing  humane  Converfation  and  Order,    yet  are  facred,and  do  re- 
fer to  God,as  their  Authour  and  Juftifier ;  yea,  they  having  a  rc- 
fpeft  to  that  which  is  God's  definition ,  Order  And  Charity ,  according    to  Phito'%  no- 
tion of  them,  5  ir(}cndiya.inLv,   &c.  yea, and  being  nothing  clfe  but  Ctr^vv^l*  /3«* 
mi  TtaKeuuv ,  The  Narrative  of  the  regular  and divout  Lives  of  the  Patriarchs    ,before 
the  Lav  on  Mount  Sinai  was  pubhfhed  ,  there  is  good  reafon  to  call  and  account  the 
Laws  of  every  Government  facred    and  feverely  to  puniflithe  violent  tnd  obftinate 
Contemners  of  them.     Siquisadverfus  easfeciffet,  facer    alicui  deornm  cum  familia 
pecunidqueeffet,  was  the  Romans  judgment  •,    and  Saint  PauI's  further,    He  that  re- 
fftsjbalt  receive  te  himfelf  damnation,  that  is,  (hall  have  a  fentence  in  his  Confcience, 
inprajudiciumfutftrijudicii.    That  the  Laws  have  cv&r  been  accounted  in  all  Nations 
facred.is  not  oncly  evidencible  from  the  nature  of  Laws,  which  point  out  to  man  his  du- 
ty, both  to  others  and  hmfclf;  frc  19  whence  P  kilo  terms  the  Law b*«m*  /<k«w,  as 

he 


ni/]*yaftm  \rh,  -nvrAtv  rf 
©1*1  ir/£  Cm  t*  ©!«  jtv*fi*vdt. 
x)  fXMSty  ifTHtMMt.  Trifmegifi. 
in  Pimand.  9. 

iucia>i  i-y  i  lup  h*}\o*  S A  aSiy, 
in  Minoe,  p.  564. 

Ditralmnt  Itfti  tliqutntU  i  j»rtn*t*r*!i,£r 
tiiunt  jnri  nturtii;  nee  cbjltt,  <jmd  '[fn*  fni 
ustwalt  eft  :nmn:ahilc  &  vernm,  am*)!iv.A 
vtrum  in fiu£ineri,  in  ctrtii  wttem  tafiiulii 
WMtianr,  &  mmaur.  cjuodd  chjervamiam 
if  Cum.  ttmtn  Jtmftr  barium,  tr  itj»nm  eft. 
Glofs.  inDigeft.  Uh.  I.  Tit.  I.  De  June 
&  Juftiria.f.  JJ. 

*  S*nBus  1  hom.f urnm  frima.ftcHnii.^ti, 
Trim*  ftcutit,  q   si.  ait  i. 


Dr.Sc  Stud  c.i ». 
Lib  quad  Dim  jit 
immwtbilii,  pag 

JOJ. 

Lib.  De  Abraha- 
tno.f.ts: 


A  Commentary  upon  Fortes  cue.  ty 

he  does  the  King,  yiutv 'i^^v,  adding,  that  as  it  is  the  duty  of  a  King  to  command 

what  is  to  be  done,  and  forbid  what  is  not  :     fo  is  the  *#>>«£«  w»  •jrpax.'Hor,  &c.   the  L,b-  /T*  De 

manner  and  mode  of  doing  and  not  doing  it,  the  propriety  of  the  Law:  and  hence  the  Law     '^°'' 

f  deriving  its  de(ccnt,non  populorum  jujfts,8cc.  not  from  the  Peoples  poVecr,   or  from  the   £>>.i .  De  Lejib. 

fudges  judgments,  but  the  rule  of  Re  a f on  and  Nature.     And  again,   Hanc  fapientijpmp- 

rumfut(fe,lkc.  I  fee  (faith  he)  the  Law  to  be  the  judgment  of the  wifefi  men,  not  flowing 

barely  from  the  conceptions  of  humane  nature, nor  iffuing  from  any  Seel  or  number  of  men, 

but  fome    thing    eternal ,  the    fyifdom    that   governs    all   the    World   by  commands 

tni  reftraints.)     Not  onely  from  this  ought  the  Law  to  have  great  efteem,  but  ever  c«  M.i.Detc- 

had  amongft  all  Nations  in  all  times.     They  called  the  Law  Kile/os  ivltuv,    the  Lord  f'b"s- 

j  j-  <  /  <  r  ■    n     i     t  ■       r         •  J      U         M.Antoninus, 

of  men  ;  adding,  o  za^.y»fias  Sptfavne  ,  a  Jmner  againjt  the  Lav  u  a  fugitive  -,  ana  wnen  m.io.  r.  tS- 
Crafus  asked  Pittacus,  what  Wa>  the  greatefi  thing?  »  tS  tmuk*  %»**.,  meaning  the   L,t-oe  Mundo, 
L^ws  wh'uhwere  Written  on  the  Barlej  of  Trees.    Plato calls  the  Law.rS  "ov\ct  t^dJ^no-it  ,  piutarcfeus,  De 
the    invention   of  truth,     picinus  in  primo  leg.   Platon.  derives  the   Laws  by  Mi-  Himero. 
nos ,    Lyeurgus  &  Solon,  from  three    Gods,     fupiter,    Apollo,  Minerva,  Power ,   *'£°  "  Minoe* 
Clemency,    Wifdom  ■,   this  argues  the  dignity  of  Laws ;    and   Plato  terms  them  politic,  f. $j«. 

uuuMJu£\*.  tS;  <tA»3-«*<,  fi/Aaxu  tiffnif,  Plotinus  apuovUf  JiirauK  ,  &C.  a  poWer  *<<:">•  <"•»•»»  t. 
§r  faculty  containing  all  harmony,  the  Joul  ef  the  Body  politique  ;  and  t  icinus  Oil  Lib.  n.De  Le- 
him,  fays, Legum  major  eft  quam  fyderum  author it as  ;    and  Plutanh    faid   much  of  g'^p-  »j7. 


Anead,  4.UI1.  3. 


1, 


the  Laws,  when  he  wrote  the  Laws,   *<«  t£  -ni  f'u&m  ap«Vd»/|/,  &c.  The  Laws  al-  c^u  *,*'LiV 
"frays  gives  the  firft  place  in  the  Commonwealth  to  him  that  dees  jufl  things  ,  and  under-   Anead.  3.  p . 
ftdnd<  things  profitable  to  Mankind.     And  in  another  place,  S>o(/©-    ivj*]m»  $*.<riK£>t   "*■'  Cermiti 
bmiai  -n  <2  i$*v<fmv;  yea,  they  were  fo  exaft  in  obferving  their  Laws,  that  vipon  ttxctpip.tij. 
mSfftel,  was  Gofpel  with  the  Antients,  be  their  Learning  and  power  what  it  would  t-ib.  *d.  time. 
be.     Paufaniat  replyed  therefore  to  one  that  asked  him,  how  the  Laws  came  to  be  fo  potphynuf %*' 
fixed,  that  no  man  durft  endeavour  their  change,  St/tJc  i'ofjas.<  rariyJ'foi^Scc.Becaufe  *im  Pythagor*. 
the  Laws  are  Lords  efmen,    not  men  of  the  Laws.     Hence  the  Laws,  as  i-\.i/Ji{  £  «p-  '*' Holften"- 
Bit  \hy@-,  all  men  have  fubje&ed  to.     The  EgyptianKiriep,  Nil agebant propriis  affe-  ut.DeSoa. 
Uibus,  fed  omnia  j u xta  legum  deer  eta.     Alcamen  refufed  the  gifts  offered  him  by  the  hom.  iiberr. 
Mifi'niAn',  ££uoniam  Ji  rccepijfem,  inquit,  cum  Itgibuspacem  habere  non  poteram.  Fj-   nkU,]t 
fifiratut,  though  a  Tyrant,  being  accufed  by  the  Areopagitt,  for,  violating  the  Laws  piutarchus  >» 
of  Scion,  fubmitted  to  the  judgment  of  that  Senate  according  to  them.     Auguslm  Co.-  Solone- 
/Wr.wben  he  had  violated  the  Law  of  Adultery,  by  him.  made,  in  beating  the  Adulterer 
with  his  Daughter ,whereas  he  fliould  have  delivered  him  over  to  the  Law,  was  dtfplea- 
fed  with  hirofelf  -,   and  when  he  cryed  oat  to  him  to  forbear,  becaufe  he  violated  his 
own  Law,      Auguflvu  forbore,  afliamed,  t^uum  tamen  ductbat  non  minus  fe  quam  alios 
Itgibm  parere,   as  pulgofus  words  it.     I  might  be  endlefs  in  quotations  of  this  nature ;      ' 
but  I  refect  he  Readers  to  other  places  of  his  Commentary,  where  I  more  largely  pro- 
fecute  this :    concluding  with   that  of  the  Moralift,  Hujus  opus  unnni,  eft  de  divinis      ty.jo. 
humanifque  veruminvtnire  ,    ab  hac  nunquam  recedit  juflitia,    pietat,  religio  &  omnis 
alius  comitatusvirtutumcenfertarum,  &•  inter  fe  cohjirentium,  hac  doc  nit  colere  divina, 
human*  diligere  &  penes  Deoi  imperium  ej[e,  &  inter  homines  cenfertium ', quod  aliquanr 
d>u  inviolatum  manfit,  antequam  ftcietntem  avaritta  di/fraxit,  &C. 

Whereas  then  the  Chancellour  fays,  Laws  are  facred,and  adds,  Lex  eft  fanclio  fanBa 
jubenshonefta,  &  prohi bens  contr aria  -,  What  dothhe  butfpeak,  what  God  and  Na- 
ture infpires  him  concerning  it  •  for  Laws  being  the  inventadeerum,  and  the  univerfal 
fuffrages  of  Nature,  propagating  good, and  impeding  evil,  are  fo 
defervedly accounted facred,  as   nothing  can  be  more,  becaafe     iM>" aniitmt itpm.  invntumm  i<g»m 

.1  r  L.     r         J  L  1  l        .  j  j  in    Dim*,,    fid  per  divirfimtmi**  *W 

they  are  from  the  facred  being,  example,  authority,  and  tend  to  a     „edu  relH,,rL.  uv  »nmn»rMimm  u- 
facred  ifftie,  God's  glory,    and  mens  good.     Which  confidered,    f^<«»r«™ *pud  Ficmum  ;»  ^»x<«"-   *"' 
though  the  Moral  Law  once  delivered  by  God  be  abfolute,  and    Minoe'  PUc8n-  r' s**- 
no  difpenfation  bv  man  can  be  allowed  for  the  breach  of  it  5  yet    u   .  Pet,.t    DeLeg,bus  A«ici«,  «*». 
is  there  a  kindoffecond  power,  next  to  the  pofitive  Law  of  fufpen-     pani".  i«h.  -  ' 

Con,  latent  in  the  nature  of  man,  and  that  by  God's  permiffion, 

as  it  were  authoritative,  which  may  be  exercifed  befides,  though  not  direftly  againft  ^  EXCUra. 
that  unalterable  Law,  «I  pt-mytv'iftfcu  Adju^m,  &c.  Later  Constitutions,  th*t  better  rtonuni.c4.ot 
fee  the  dt ft  Us  of former,  are  t»  be  prif erred  before  thofe  that  preceded  them  ,  huh  Mode-  geft.lib.  1.  Tjr. 
fiiniu.  lor  elk  emergent  virtues  would  be  without  reward,  and  vices  without  punifti-  ^;^P"n^,°oa" 

M  ment, 


q.6  A  Commentary  upon  Fortescue. 

ment,  becaufe  they,  as  em<i0/ **/*/,  being  not  in  the  ordinary  Canon-,  and  muft  on 
that  ground  be  parted  over,  as  if  Magiftrates  were  unconcerned  in  them.  And  this 
♦  ni0'  ^°ft'h  "vilprudcnce^ndfclf-prefervation,  the  fupreme  Law,  next  that  other,  obviates,  ard 
that  warrantably.  Philo  fays  Government  is  »oMi/oy  >y  wtKifovtv,  &c.  a  various 
and  prudent  adaptation  ef  man  to  times.  As  a  Sea-  Mafter  does  not  ulwajs  fteer  one  courfe, 
nor  put  ont  alike  Sails ,  but  varies  and  alters,  as  the  Seas  and  Winds,  and  his  Mar  chaw 
dit.es,  and  men  eccajion  •,  and  as  a  Phjfttian  does  not  always  give  ene  dofe,  but  varies  his 
prefcript  as  the  Fatient  changes,by  intentions,  remiflions,  repletions, all  to  health  :  fo 
fhould  a  Governour  order  his  affairs,as  he  fees  belt  according  to  emergencies,  regard- 
ing publiquc  good,  and  mens  profits.  And  this  Smeca  makes  a  molt  notable  care  of 
a  Governour  to  profpect  fo ,  that  he  needs  no  other  eyti  but  his  own  to  direct 
him.  And  hence  is  it,  that  as  he  propofes  Laws,  x^  <&«;«&<»»,  as  vieWaimperandunt, 
y ec  he  improbates  Plato's  long  Laws.preferring  fhort  Laws  foon  learned,  and  eafily  re- 
membred  far  beyond  them,  and  cry es  out,  nihil  videtur  mihi  frigidius , nihil incptins 
^.  »4.         quamlexsum  Prtlcgo-,  yet  does  he  fuffragate  to  the  ufe  of  additional  Laws  to   thofc 

that  are  conftkutional  and  primaeve,  according  to  the  requiry  of 
Budarus  <»  Pand.  priores,  p.  194.  extraordinary  Occurrences  i  which  furely  but  for  this,  would  be 
Jura  conftitui  oportet  in  its  tjua  fuch  an  hiatus,  as  would  fwallow  up  all  Gods  and  Mens  Conftituti- 
x*}iii  wAwor  accidunt,  non  in  ons.  .  For  though  it  may  be  difputable,  whether  the  World  docs 
Us  quaix.  7m&\hy*,  id  eft,  Us  qu*.  fenefcere  vigort  ■,  and  many,on  both  (ides,  have  variety  and  reafon 
flernmq;  accidunt,  non  in  Us  <jua  for  their  adhaefions  for  and  againft  it  •  yet  is  it  out  of  doubt,  thac 
nee  opinato,  vel  prtter  hominum  the  World,  in  the  acceptation  of  it  for  men,  the  nobleft  part  of  it, 
cpiniiHtm.  do  every  day  decrcafe  in  virtue,  and  with  their  new  fafhions,  new 

habits  and  diet,  introduce  new  vices  •,  which,if  not  caution'd  againft 
by  Laws,  (flips  cut  out  of  the  whole  piece  of  priftine  Wifdom)    all  that  is  facrcd  andxi- 
vil,  will  quickly  be  abforp't     And  therefore  as  Fabius  Cunttator  was  by  the  Romans 
called  Imperii  fcutum,  becaufe  he  taught  them  the  way  to  rnafter  and  ruine  Hannibal 
iA.\.f.  m.     by  not  fighting  him,  and  for  that  was  called  by  fornandes,  prima  redeuntis  &  revivi- 
U11.  syib.         fctntis  Imperii  [pes :  fo  true  fubfequent  Laws,  woven  out  of  the  materials  of  Legifla- 
tive  Wifdom,  which  the  Antients  had,  and  we  from  them  received  the  principles  in. 
Thefe  I  fay  improved,  are  rightly  termed  rcvivifceutisfapicnti*  natur alts  indicia,  the 
amputations  of  vice  and  eradicators  of  peftilent  annoyances,  and  Magiftrates  that  carry 
Abiw!*V  D*  t^em  on  t0  ^k  en(k  indifputably  to  be  adored.     And  therefore  that  King  amongft 
the  Bramins,  that  made  the  Law  againft  the  venery  of  Women,by  en  joyning  that  eve- 
ry Wife  fliould  be  burned  with  her  Husband,  was  an  eternal  Benefactor  to  the  Nation 
whom  he  governed,  and  to  the  Succeflionsofthem:     For  whereas  their  Luft  fatif- 
tinfchotten  in    fiab'e  by  others,  better  as  they  thought  then  their  Husbands  could  ,  made  them poy- 
im  vyjf«  n  ths  fon  their  Husbands,    to  enjoy  their  Leachers,   and  fo  filled  Families  with  degenerou* 
indii's,  t.  \t.      Broods:  his  Law  drew  them ,  for  love  of  their  own  lives,  to  do  nothing  againft,  but 
all  things  for  the  lives  of  their  Husbands,  that  they  themfelves  might  alfo  live  with 
them.    And  this  was  the  break-neck  of  that  Leachery;  and  fo  a  good  inftance,  that 
even  by  the  light  of  nature,  there  is  a  latent  power  in  Governours  wifely  to  enact 
fuch  Laws ,  as  times,  places,  perfons,  and  occurrences  fhall  require  •    and  fuch  enacti- 
ons being  facred,  ought  as  fuch  tobc  obeyed,  and  that  upon  the  ground  that  they  are 
janttt,  becaufe  they  do  fanflajubere  &  hentfta,  &  prohibere  contraria ,  and  have  no 
name  above  their  nature,  but  anfwerable  to  their  appellation,  according  to  our  Chan- 
cellour's  words,   Sanilum  enim  effe  oportet, quod  effe  jancl urn  definitum  eft. 

This  I  conceive  is  added,  to  difcriminate  juft  from  un  juft  Government :  in  juft  Go- 
vernment.a  juft  Law  is  the  Rule,  that  teaches  unicniciue  cjuodfuum,  eft  tribuere,znd  im- 
pedes and  puniihes  whatever  is  contrary  to  it  -,  that  makes  God  and  his  right,  mem 
aws,  and  expects  their  zeals  to  appear  aflerters  of  them  ■,  whereas  other  Governments 
fet  up  wickednefs  by  a  Law.  Nay,  are  fet  up  to  be  what  they  are  by  wickednefe  ■, 
fuch  a  Government  is  that  of  the  Turks,  and  was  that  of  the  Mammaluckj.  Now  as 
the  Government  is,  fo  muft  the  Laws  of  its  fupport  be  •  for  holy  and  righteous  Law» 
will  no  better  fuit  with  unrighteous  power,  and  un  juft  managings,  then  old  Cloth  will 
with  new  in  a  Garment ;  or  new  Wine  with  old  Bottles,  to  ufe  our  Lord's  compari- 
fon.  That  then,  which  the  Chancellour  intends,  is,  that  things  ought  in  nature  to  an- 
fwer  their  definitions  ■,  and  if  Laws  be  defined  holy  from  the  holy  Sanctions,  they  are 

pre- 


A  Commentary  upon  Fortes  cue.  4.7 

prcfuracd  to  command^  and  the  contrary  to  thcm,to  forbid;  Then  the  Laws  ought  to  be 
prefcrved  in  their  account  of  hoiy,from  forbearing  enactions  that  are  diametral  to  ho- 
neily,and  of  evil  report.      And  on  this  ground  the  Laws  of  England,  fince  Christianity, 
have  not  onely  eliminated  foolifh  Laws,    like  thole  of  the  Arrives,  that  yyomtn  when  piut  r.L       v 
thtj  ctupledwith  their  Hmbands^/bou/d  put  on  Beards  ;  or    that  ot  the  Rom tins  t  gainll  ~    • 

their  manumitted  fervants  ^  or  that  of  the  Lacedemonians,  y.tt  T{t?«ir  fxils-o^x ,   that  is,      «     p   2 
men  ftould  not  fuffer  their  Muftachto's  to  grow.     Not  onely  have  the  Laws  of  Eng-  Id/ L  <,»<£*  i 
land  avoided  fond  enaftions,but  alfo  eliminated  all  Ethnique  Laws,  and  Dr*]dix,e  Lu-  otnmtfummit, 
iioms-,  yea,andthe  Reformationhasiir.ee  refined  things,  which  in,  and  under  Popery,  p'550, 
had  at  leaft  negative  legality,as  difpenfations  for  Lcachery }  and  all  this  upon  the  Chan- 
cellor's Rule,  Sanftum  enim  e{fe  opertet ,  cjuodeQc  fantlum  depnitum  eft.  Again,  Lex 
eft  fancHofanclajubens,  &  prohibens  eontraria,  is  the  definition  of  all  Authours  accord- 
ing to  truth  it  fell";  as  is  proved  from  the  fore-cited  Authorities }  Ltx,  not  onely  a  lr 
gando,  from  the  obliging  nature  of  it,  becaufe  none  are  exempt  from  its  cogency  as  a 
rule  -y  but  alfo  lex  a  legendojuiapublice  legatur  tit  omnibus  nuns  fit.    Lor  though  of  late 
Laws  have  been  printed,  and  the  Laity  educated  to  read  and  pradtife  them  ■,  yet  in  the 
elder  times,  the  Laws  were  onely  read  and  proclaimed  from  the  authographon  of 
their  Entry,  that  all  might  at  their  peril  take  notice  of  it-,  which  was  oner  eafon,  I 
conceive,  that  Magna  Charta  beir.g  declaratory  of  the  antient  Common-Law  which 
obliged  all  perfons  ,  was  wont  to  be  read  not  onely  at  the  County  Town  by  the  She- 
riff, but  alio  in  Churches  once  a  year  at  leaft,  that  all  perfons  of  what  degree  foever, 
though  they  could  not  read,  or  might  not,  if  chey  could  read,  come  fafely  to  the  fighc 
andperufal  of  it,  might  hear  to  know  it. 

SanSliofancia  3  Not  ctnfenfus  pcpuli,  but  fanliio  PrincipU.  For,  though  Plato's  rule" 
be  much  to  favour  of  People  in  formarion  of  Laws  ■,  yet  he  fixes  the  fanftional  power 
on  the  prince  as  infcparable  from  him ,  as  God's  Vicar,and  under  him  Legiflator, 
and  fo  our  Laws  do  alfo.  For  the  enaction  which  gives  being  to  the  Law-Statute,  is 
the  Kings  -,  the  confenc  of  the  Eftates  is  but  Jine  ejua  nen.  The  Divinity  of  the  King's 
Un&ion  derives  a  facrednefs  on  the  Law -,  Subjcfts  co-operation  is  but  to  frame  them 
into  ufeful  methods,  and  to  draw  them  to  be  obeyed  more  willingly,  becaufe  con- 
fenced  to  by  their  delegates  in  their  parting.  And  to  render  them  more  probableto 
be  juft  and  wife.when  fo  many  Peers,  of  honour  and  learning,  Spiritual  and  Lay,  and 
wife  and  worthy  Gentlemen,  confider  of,  and  confent  to  the  enaction  of  them. 

Jubens  hcnefta&  prohibens  contraria.     This  I  faid  was  added  to  diftinguifh  between 
Law  and  Law  -,  for  'tis  not  the  outward  fan&ion  onely ,but  the  internal  virtue,  and  the 
excellency  of  the  end  and  drift  of  Sanctions,  that  makes  them  obligatory  and  cogent  on 
men  to  obey  them.     And  therefore  ,     if  a  Law  fhould  be  any  where  made  like  thofe  synt»gmit.  d« 
fore-cited,  ^or  like  that  which  Lilim  Giraldns,    out  of  Herodotus,  mentions  among  the  du*  iu(w. 
BabiUnians, that  the  native  women  fhould  once  a  year  couple  with  forraigners  ,   for 
their  recreation  and  content,  that  ( as  it  were  )  they  might  the  better  bear  the  company 
of  their  Husbands  and  Countrey-men  all  the  year  after.     This  Law,   1  fuppofe,  being 
fo  hard  and  obfeene,  fo  difhoneft,  and  fo  unnaturally  putid  ,  would  have  no  force  on 
men  and  women  further,  then  to  make  them  fuffcr  for  difobedience  to  it  ^  for  fince  the 
Laws  of  every  Nation  are  to  accommodate  the  people  of  it  in  their  way  to  virtue  and 
ferenity,  according  to  that  of  the  Orator,  Gcnftat  profeRo  ad  civiumfalutem,civit4-  cic. /«*.  }.  d« 
turr.que  incolumitdtem \vitamqne  omnium  tjmetam,  &  beatam,  conditas  e(fe  leges.     That  Leg- 
theMagiftrateisawordedLaw,  and  the  Law  a  filent  Magiftrate,  as  TuUie's  words  £""  De  Lcji' 
alfo  arc,  and  that  his  work  chiefly  is  met  x«*»r,  &c.    u  confult  and  put  in  execution  Plato  ».  De  Le- 
t kings goodgenerous.andjuft,     Confidcring  I  fay  this,  there  is  great  caufe  to  look  that  S'b /■•»«• 
Law  s  be  made  as  Laws  ought,to  the  promotion  of  things  honeft,  and  the  impediment  o  f 
immoralities.      For  Saint  Paul,  in  faying  the  Law  is  juft,  and  holy,  and  good,  did  but 
point  out  to  the  natural  endowment  of  Law  ,  and  thofe  three  glorious  Attributes  of 
God,which  the  Laws  emanated  from,  and  were  regulated  by. 

And  hence  is  it,  that  abftrad  thefe  ends  from  Laws,  and  they  are  no  remains  of  God 
in  man  ,  but  have  the  monftrofities  of  corrupted  nature,  and  execrable  contradiction 
to  God,  in  his  intent  and  purpofe  of  giving  them  to  men ;  and'infread  of  being  the 
lines  of  manuduftion  to  Heaven,  they  are  bonds  of  iniquity,  and  conducts  to  his  difho- 
nour  in  Natures  violation  and  dillortion  h  and  fome  have  thought  the  Statute  of  28.H, 

8.C7. 


<s 


r>tuu. 

|l»  jure  Belli.  & 


t»  Mfifitl.  Thorn. 
J.oplcio  iniir 
0f»fc*ld.  Tho. 
Mori  Cmctt. 
Anjl.  lmpnf 
lovaniz,is*6. 


Ulpianus,  ft*.  I. 
Inftit. 

-Divert.      DC 
Juftnia,  &i»", 
Tit.l.f-  !♦• 


Author  mart*' , 
De  VitaPythaj. 
»fui  Phocium, 
Bibl.  c».i*s. 
■Lit.  5.  De  Mori- 
bus,  ctj.  i. 


Jut.  Belli  &f 
ut.  p.  j. 


Lii.i.InSh.rtr.1. 

Coivinus  ■'■ 
Broiemaiibus 
Impcrul .  f.  I. 


i4  Commentary  upon  Fortes  cue. 

9.C.7.  iiH.i.c.S.  32  H.  8.  c.2s-  33H.8.  c.  21.  not  10  have  been  founded  up- 
on fuch  Piety , and  Juftice,  as  Laws  ought  to  have  been,  and  therefore  they  were  foon 
repealed  ■,  it  being  a  good  rule,  Alttri  detraherefui  commodi  canfa  contra  naturam  eft, 
&  ficinjuftum,  faith  Grotins  out  of  TuBy.  And  thereupon  confidefing  the  precife 
rule  of  our  Lord's,  making  Juftice  the  completion  of  the  Law,  and  the  Prophets,  and 
finding  many  mens  actions,  in  adminiftration  ef  Lav  diametral  to  it ,  I  cannoc 
but  bring  in  here  learned  Bndaus  his  complaint,  who  makes  fomc  men  even  in 
their  Jufticings,fo  far  felf-admirers,  and  felf-feekers,  Cum  J  ad  veritatis  mrmam,  &  ad 
(imflicitatu  Evangelic*  prafcriptum  exigere  juravelimus,  nemo  fit  tamftupidus  quin 
inte Hi gut, nemo  tam  vecors  quin  confite*tnr,fi  urgeat,  tarn  jut  &  fas  hodie  ,&■  jam  diu  in 
fanHionibm  Pontififiis,  &  jus,atque  aquumin  legibus  civil' bus ,  &  Principum  placi' 
titdefidert,  quam  Chrifti  rerum  humanarum  conditoris  inftitutayejnfque  difcipulorutn 
rittu  ab  eornm  decretis,&  placitis,qui  Cr€fi  &  Mid*  acervos,bonorum  fntm  effeputant , 
&  falicitatis  cnmnlum,*de<>  fi  juftitiam  finire  nunc  velis,  tjuomodo  prifcis  anSoribuspla- 
cuit ,  ejua  jus  f Hum  unicuique  tribuat,  vel  nultibi  illam  in  publico  invenias,  vel  (  ft  dicer e 
id  mihi  permittam)  culinariam  quandam  difpenfatricem  effe,  ut  fateamur  neceffe  eft,  five 
nunc  imperitantinm  mores  fpetles,  five  ciyium  inter  fe  &  popularium  affellus.  So  that 
grave  Pariftan  Chancellour. 

By  all  which  it  appears,  that  Laws  are  then  onely  facred,  when  they  are  to  purpofes 
facred,  and  enjoyn  what  God  and  Nature  dictates  them  to  ;  when  they  anfwer  the  end 
of  their  institution,  and  are  conform  to  the  principle  whence  they  actuate ,  which  be- 
ing juft  and  good,  becomes  thereby  accounted  facred,  becaufe  officious  to  man  in  his 
religious,  civil,  andfocial  capacity  ;  for,  fanUumeifeopertet^mdfanllumdefinitHm 
'fi- 

Jus  cnim  defcribi  perhibetur,  quod  Hind  eft  arsboni  &  aqui.  Cttjus  mtritt  quis  Sa> 
cerdotesnos  merits  appellat. 

This  definition  of  the  Law,  ars  aqui  &  beni ,  is  Ctlfuss,  and  Vlpian  from  him 
quotes  it  -,  this  the  glofs  well  explains,  jus  eft  ars.  Firft,  nt  dicas  definitum  jus  inge- 
nere,  &  fie  eft  ars,  id  eft,  fcientia  ftnita  qua  arttat  infinita.  For  art  is  nothing  effe, 
according  to  Porphyrins,  but  the  finite  learning  of  things  infinite.  Secondly,  it's  called 
ars  artta,  it  is  artificium  hominis,  nam  aultor  juris  eft  homo,  juftitit  Deus  ,  that  is  , 
though  God  give  the  rule  for  juftice,  yet  man  fits  and  difpofes  the  method  and  way  of  , 
its  convoy  and  application  to  men,  and  fo  'tis  art  •,  and  then  aqui  &  boni,  that  is,  it  ap- 
points that  which  is  aquum  &  utile,  good  and  lawful  in  it  fclf,  ufeful  and  beneficial  to 
man.    This  the  glofs. 

Now  this  delineation  of  the  Law  of  equity,  which  is  the  af%  *)  truyn  vra'vmr  rur 
*«tA«f,  the  principle  and  fountain  of  all  good,  as  Antiquity  terms  it.  It  is  fit,  it  fhouldbe 
further  confidered  ;  the  philofopher  calls;*//,  tl  inv,  that  evennefs  that  intercurs  the  ex- 
treams  ;  adding,  A  to  «<ftxo*,&c.  If  Injuftice  be  inequality,  then  Juftice  muff  be  equa- 
lity. And  he  fays,  it  confifts  in  proportion  and  comparifon,  when  boch  rewards  and 
punifhments  are  fuited  exactly  to  the  merits  and  demerits  of  men,  and  when  Magiftrates 
in  adminiftration,incline  neither  to  the  right  hand  nor  to  the  left. 

I  know,  there  are  learned  men  that  criticixe  between  jus  and  lex:  by  jus  they  un- 
derftand  that  natural  obligation  on  man,  which  the  Hebrews  called  T~\V&  ^  and  the 
Greekj  tt]ohn  ,  and  by  Lex,  conftitutedpofuive  Laws,  which  they  called  D^n^ 
JiKeuafMla.,  quedjuftum,  ut  quis  accipiat  ratione  Scriftura  aut  hgis  aut  confuetudinis. 
But  this  learned  Grotius  does  not  approve  of,  but  fliews  Jus  and  Lex,  have  a  promifcui- 
tyofufe,  and  homonymous  knie  in  Authours.  And  therefore  1  take  Jus  and  Lex  to 
import  all  one  -,.  and  though  G^ius  dis joy ns  lhcm,omnes  populi  qui  moribns  &  le gibus  rc~ 
guntpir,  partim  fuo  propria,  partim  cemmuni  omnium  hominum  j  re  utuntur  -,  yet  there 
want  not  inftances  of  Lex  his  acceptation  in  good  Authours,  in  the  large  fenfc  of  Jus. 
And  fo  1  know  our  Chancellour  intended  it,  fir.ee  the  Laws  of  particular  Polities,  be- 
ing extrads  from  the  natural  Law,  and  conducing  to  prefentation  and  order,  dcierves 
the  definition  of  ars  aqui  &  boni. 


Cftjtts  merit 0, qui snes  Sactrdjis  appellat. 


Here 


A  Commentary  upon  Fortes  cue.  49 

Here  is  a  ternary  of  Emp'iafife;  ■,    one,  in  cujus  merito  •,  another  in  Qms ;  a  third  in 
Sacerdotes.     The    firft    refers    us    to  the    Law  thus   beneficial  to    Mankind,    as 
meriting  from  it,  and  having  praife,  as  its  debt,  not  do:iary.     I  confefs,   the  phraf« 
eu'jus  merit')  ,    though    in    fom:  feufe    it    may  be  oppofed    to    cttjui  gratia ,  a 
good  Orators  phrafe ;     yet  here  it  has  an  identity  of  fenfe  with  it ,    and  leflbns 
us  to  return  praife  to  defert.and  glory  to  virtue.     God  hirafelf  accounts  our  praifes,  a 
wonhipofhitri;     H'  that  offerethm;  praife, glorifixb  me :      and  men  are  by  norhing 
mvepleafed  and  retributed  then  by  praife.     Oh!    to  heir  well,  is  the  dehcia  vita 
and  aqua  mirabilii ,    and  the  anrum  potabile  chat  all  brave  fpirits  digeft  contentedly.  Lih  D<.Gloria 
M.wfius  in  his  Book,  T>;  Gloria ,  ha;  given  us  a  large  account  of  the  virtues  of  men,  /» m.i.  iiiad 
as  their  Titles  to  the  glory  afcabed  to  them:  and  Camerarius  ,    after  he  has  fetforch  ^ome%im/"/!' 
He  ner  by  fuch  Eulogies  as  are  even  Hyperbolique  to  Rhetorique,  concludes  in  this  fu-  >«"«»,„,  Eat». 
pe  addition.that  above  fixty  famous  men  commentaried  on  him  -,  and  that  Enstathius,  £"  lm?"fi- 
w'10  extracted  his  laborious  Work  out  of  them,  onely  is  now  vifibte,  of  thofe  many  t  il^Heft™. 
and  famous  Writers.     And  yet  though  near  four  hundred  years  before  Herodotus,  and 
one  thoufand  before  Plinj  he  wrote,  or  two  hundred  and  fevency  years  after  the  Trt- 
j*«War,  according  to  Porphyrie ;  lince  which  there  is  no  Auchourfo  antient  among 
prophane  ones :  Yet  all  this  Traft  of  time,  and  variations  of  men,  he  has  for  his  Work 
fake  been  honoured.  N?q  «  tam'.n  magis  vitam  confervari,  &  adjuvari  igni  &  aqua,  \ 

quamomnemeruditionem  h*jns  pet*  monument  is  manifeftum  eft,  faith  Camerarius. 
Here's  a  cu)%s  merito,  with  a  wicnefs,  better  then  that  of  Sons  and  Diughters.  For 
whereas  few  men  live  in  them  many  Ages ;  fome  ,  not  an  Age  ;  the  beft  ,  not  to 
much  above  twenty  defcents.  This  Homer,  though  blind  and  ignoble  by  Birth  -,  yet 
in  the  percnnity  ofhis  Wit,  has  had  praife  in  above  twenty  Centuries  of  years.  This 
is  the firft  Emphafss  fatti  digne  me morati  &  defer ipti.  d"a?"r»r«,paj." 

The  fecond  is,  Emphajis  perfena,  quit »  This  is  not  quis  ntfeientie,  but  emineutia,  a  *t>**.3asL 
man  of  name  not  to  be  triobolarly  prolated.  And  this  was  Vlpian,  neither  he  that  was 
a  Sub-Tutor  to  Alexander,  and  Maftcr  ofhis  Rolls,  and  one  ofhis  Circuit,   and  itine- 
rant Counfel :  nor  that  other,a  Tyrian  born.and,  for  his  Learning,  made  the  Emperour 
Adrian's  Deputy  in  France,  and  (lain  in  an  uproar  there.But  our  Ulpi*n;was,Domitins  vofilm.  a. Be 
Vlpian  the  famous  Lawyer :  he  is  the  £nii,  in  Budaus  his  determination.  sector  kat. 

The  Digeft-  tells  us,  where  be  calls  the  Lawyers  Sacerdotes,  to  wit,  the  firft  of  his  /«- 
ftitutes-,  and  the  glofs  on  it  gives  the  why  he  fo  calls  them,  gma  ut  Sacerdotes  faera 
miniftrant,  &  conftciunt  it  a  &  ms  cum  leges  put  facratiffimt  &  at  jus  nnicui  que  tribuit 
farerdit  in  danda  panitentia  ,  fic&  nos  injudicanda  juftitia. 

Indeed,  the  Laws  of  old  were  under  the  cuftody  of  the  Priefts,   as  the  onely  men  of  M  ft       w 
honour  and  fidelity  ;  and  Creffolius  gives  a  good  reafon  of  it ,  Id  fapienter  macbinata  fift.i.  J'fiLm.' 
eft  divi»aprovidentia,8cc.     The  wifdom  of God  ,    faith  he,    in  the  modelling  of  the  Holj  t*  $  fb  rw 
Tongue,   has  fo  omvidentially  ordered  it ,    that  the  fame  word  Jboaldfignific  Prieft,    and  U?ur,   -flu*, 
Frince,    endowed  frith  great  Nobility  ■,  That  frhen  the  word  Priest  is  named ,  the  mind  x)  to  rmv  f*tv- 
of  man  might  be  lifted  up,  and  exercifed  upon  the  thought  of  fame  excellent  and  truly  noble  •navivfjMka. 
perfen..     For  fince  the  Law  is  ars  aqui  &  boni,  and  all  Matters  and  men  are  to  ftand  or  <ptyvnuJl<&- 
fall  by  it :  'tis  reafon,  that  facred  Jewel  fhould  have  a  facred  Servitour,  and  Protedtor,  n*»f  *to,i  x) 
whom  neither  favour  or  fear  fhould  be  fufpc&ed  to  corrupt.     And  to  preferve.  this  Ji^av  nprUJ 
from  defection,  and  the  opprobry  of  it,no  means  being  continuable  more  probably  ef-  Ka^Cim. 
fe&ual,thenvircueoffoul,and  nobility  of  defcent,    Antiquity  chofe  to  the  priefthood  "««»»  Politic, 
perfons  thus  qualified.     Alexander  ab  Alexandra,  has  reported  the  Cuftqros  of  all  Na-  ^1!^ Genial. 
tions  thus  to  do  ;  and  TiraqueRus,  his  learned  Commentator,    has  added  to  him  in  this  e. «.  ' 
kind.     Diodirut  Siculus  confirms  this,  lib.\  .c.  i .  and  when  Plato  would  have  them  be- 
gotten in  hply  Marriages,  what  does  he  but  intend  they  fhould  be  >4r«i«  k,  i  7»3?«f*-  uu.oeKepub. 
fM"«(  j*/3<,  be  nobly  endowtd  with  blood,  and- educated,   that  fo  am  -n  rHit  t? ip?f(,&C.  That 
both  from  their  nourifhment ,  institution,  anddefcent,  as  Clemens  Alexandrinus  phrafes  it,   Lib  *•  s«°n>«. 
they  may  be  rendered  fit  for  their  charge..     For,  according  to  Pythagoras,  they  thought  Stobitu5(  Strm> 
*»  "Va*"  t*  %f tiwov®-  lmoi>,   and  that  fUm  £*f anlSf* ,  that  noble  note  they  would  <n. 
have  upon  the  Priefthood,  *±;\*v  *v*y**i'o r*\*v, faith  the  Philofopher,  *.$*"•**$  w 
rvixttajflav^Tetv  Alain*,   and  c.  q.  av  n**c  Tilytr  Ivdj  -ni\n  i  nyU^[ta;   without  which   L'  7"   epu  ''U 
to  decermine  differences,and  diftribute  juftice  as  Gods  to  men  ,  Congregations  of  men 
cannot  fubfift,  Afir/ilius  Ficinus  on  Plato's  Conviv.amtris, p.io^.  has  told  us  the  Of-  r*£4H.  k«/.i. 

N  fice 


flato  Politic. 
F  ISO- 
F.utarcluis  in 
qujclt  Romania. 
t>  tw- 


in Pandrrt.f.14. 
edn.tiUi.  ■  5 14. 


Glafs.  f. 
It  I  nil. 


50  A  Commentary  upon  Fortescue. 

ficeofthefePrieftsasHeathenly,  they  were  venerated,  wt,  qut  kemintmctjuia  Deo 
arnica  ftnt,  quaratione  Dtohomtntsamici  fiant  t  nos  doctant,  qui  amorisiharitat/  01c 
modss  addeum,  ad  fatriam,  ad  fat  cntes,  ad  alios  tarn  ad  vivos  qv.tm  rd  drfi-  rifles  fit  etiihi- 
bendus.  And  hence  it  may  be  the  Egyptians  obfervtd  lor  Long  tine  ihat  Law,*/'  V*«r/ 
£a*iM*,&c.  no  King  reigned  but  as  priejied.  The  fame  Law  had  the  Greek:  in  fome 
parts.as  Pluiach  ceniitmt  it. 

Vlpian's  appellation  then  of  Sacerdotes,  as  applying  it  to  Lawyers,  was  in  relation  to 
the  old  Pricflhood  of  the  Jews  and  Heathcns,who  committed  all  their/*rr4  to  wife  and 
well  defcended  men  ■,  who  did  not  make  a  profeflion  and  gain  of  the  Law,  but  did  rtfti- 
fie  the  peoples  errours  by  their  learned  integrity,  which  Budaus,  on  this  word  of  the 
Pandeils,  thus  expreffes  ;  Siquidemfanclij/imarcs  eft  civilis  fapitntia  quemadmod.m 
antem  apud  antiquos  Sacer dotes  fui,  fingulis  diis  confecrati  erant  ,  qui  de  futuris  atqut 
agendas, conftdentibus  refponfa  dabant,  fie  venerandi  Mi  jurifconfulti,  omni  gtntre  litera- 
rum  inftruSiffimi,  gratuitam  non  qnaftuariam  jurifprudentiam  habentes,  in  publicum 
quotidie  frodeuntes,  unicuique  civi  confulentes,fe  antiquo  infiituto  prabebunt  ,&  tanquam 
oracula  juftitia  premtbant.  So  he.  Whereupon  Athemus  tells  us,  thefe  were  termed 
ihc  Heroes ,  and  rightly  too  •,  for  they  were  propitious  to  communities  ,  and  nothing 
ftudied  themfelves  more,  then  to  be  fitted  for  ufefulnefs.  But  how  the  Chancellour 
fhould  apply  this  to  men  now  a  days,  though  Lawyers,  I  not  well  know  •,  unlefs  in  that 
fenfe,  that  they  do  faerafcire  &  docere  1  t\n&\f  Sacerdotet  they  muft  be,  they  can  be 
one\y  Stccrdotes  brevium  detrum,  as  farro  calls  fome,  and  Gyraldus  after  him.  It  is 
true  indeed, learned  Hopperus  fays  as  much  as  may  be  for  them,  when  he  fays  they  were 
called  re«fiiy«-»i  •,  miSophoi,  as  Se mpronius  by  the  Remans  was,  becaufc  they  had  a 
concentration  of  the  pbilofopher,  the  Prieft,  the  Lawyer  in  them,  turn  quia  eh  [dentil 
prdditus  eft, turn  quia  fibi  prafit  ut  Philofophus,  Reipubl.  utjuri/cenfultusjibi  &  Reipub/. 
ut  facer dos. But  as  learned  a  man,  as  he,  tells  us,  whatever  the  Antients  were,  and  how 
great  their  deferts  were  ■,  yet  though  fome  of  their  Succeffours  in  time,  anfwering 
thera,ought  to  be  anfwered  in  fuffrage  of  honour  from  men  to  them  ■,  others  ought  not 
to  be  •,  the  great  Pari/ian  Chancellour  is  the  man  who  reproaches  fome  of  his  Contem- 
porar\cs,Difiiplinarum  omnium  non  modt  ignaros,fed  ttiam  contemptores,/Mtn>i@\*< ,  quafi 
omnem  liter  arum  elegant  iam  nitoremque  dictndiperofos,  Dollrinis  humanioribns  abher- 
rentes,  Rufticos,  invenuftos,  iUepidts,  hircofos.     Thus  he. 

But  1  forbear  more  of  this^though  I  think  the  Chancellor's  Etyrnologie  will  not  aeree 
to  the  name,as  it  denominates  univerfally  the  men,and  is  exegetical  of  then^for  they  do 
not  always  facra  dare, nor  do  they  ever  facra  docere.  FerdinandK'mg  of  Spain  knew  that  -t 
for  when  he  fent  PeJrarias  Vice-Roy  into  the  Weft- Indies,  he  forbad  him,  Juris  con* 
fultes  ant  caufidicts  fecum  deducere  •,  adding  the  reafon,  Ne  lit  mm  femina  qua  illis  re- 
gionibus  nulla  erant,  ab  ipjis  importarentur,  &  ptrnitiofa  eontagiont  pacem  illarum  ac 
tranquilitatem  interficerent.  The  like  is  reported  of  the  Panmnians,  that  when  Mat- 
thias Corvinus  their  King,  fent  for  the  beft  Civilians  out  of  Italy  to  fet  over  them,  they 
requefted  the  King  to  fend  them  back  again,  and  fo  he  did,  ad  lites  eorum  ingeniis  natas 
fedandum. 

Nor  did  our  Sacer  dotes  trulier,/"^™  dare,  or  docere,  here  in  England ;  for  in  H  jds. 
time  William  7*r^,and  Robert  X^»^fo»,pretended,as  Juftice  Itinerants  over  the  Land, 
to  reform  Juftice  •  but  inftead  thereof,  exaded  great  fums  of  money  from  the  Sub! 
jefts  for  the  King.contrary  to  the  Law.  So  did  Thorp,  2 4  E.  ?.  Berners;  E.  1 .  line , 
yea,  all  the  Judges  ,  except  Mtttingham,  and  Beckingham,  2>ui  non  abierunt  in  cenfi- 
■*  /iumimpiorum,i8  E.i.)  were  fentenced  and  executed  for  bafenefs  and  bribery,  .so 
1 1  it.  2.  there  was  but  one  skip  with  qui/olus  inter  impios  man  fit  integer, (mh  Sir  Hen. 
Spelman ;  yea,  in  H.  7.  his  time,  Empfon  and  Dudley  were  as  faulty  as  any  Mifcreants 
before  them,and  thereupon  executed :  fo  that  the  name  of  Sacer  dotes,  as  they  do facra 
dart  &  docere,  in  their  Etymological  import  is,not  infallibly  due  to  all  our  \atejurifpe- 
riti,As  to  the  antient  prementioned  Heroiques.Though  I  know  many  of  them  have,  and 
deferve  to  be  remembred  as  brave  and  couragious  m<*n  j  efpecially  fuch  as  fudge  Ha/et 
for  his  fidelity  to  .Queen  Mary,  Judge  Montague  in  Hen.  8.  and  Edward  the  Sixth  his 
time  -,  yea,  and  before  them  all, many  of  the  late  Judges,  Serjeants,  and  other  Profef- 
fojre  of  the  Law,  fome  of  which  yet  living  in  great  honour  and  dignity  ,  fufferedfor 
their  loyalty,  whatever  the  favagenefsof  the  late  troubles,  by  Fine,  Imprifonment,  Se- 

queftratiori, 


Sjr.tag.  17.    De 

Diis,  f.  46I. 

Hopperus,  Di 
vera.  Jurifptud. 
M.  4. /!/.  ;o. 


Fuciacm  i%  Pan- 

deft. 

T.  14  «A».Bafil, 

MM. 


HaQ.lzui    in 
frxfliM.Defludio 

militari. 


A  Commentary  upon  Fortes  cue. 


5i 


qucftration,  and  other  feverity,  could  poflibly  exprefs,to  their  edipfe  and  diminution-, 
notwithftanding  all  which,  their  loyalty  and  Conferences  kept  them  clofe  to  the  princi- 
ples of  Integrity,  which  they  arc  now  defervedly  compenfated  for,in  the  peace  of  their 
Confidences,  the  favour  of  their  Sovereign,  and  the  love  of  all  good  men  :  Which  is  a 
fufficient  ballance  to  the  levities  of  others,  as  weli  elder  as  later  ;  and  gives  me  the  juft 
occafion  to  aflert  a  truth,  to  the  honour  of  God,  the  King,  and  the  Nation  ;  That  the 
Laws  of  £>?£/W,diftributed  by  the  Reverend  Judgcs,are  with  more  integrity, and  im- 
partiality, accommodated  to  the  people  then  in  any  part  of  the  World,  Laws  are  ;  Nor 
is  there  any  Nation  under  Heaven  fo  void  of  corrup.ion  in  judgment ,  is- England  is,  - 
wherein  the  Judges  chofen  for  virtue,knowledge,  and  gravity  ,defcended  moftly  out  of 
Knightly  families,  and  endowed,for  the  moil  part,  with  great  Eftates.  Neither  need, 
r.or  poflibly  almoftcan,thofe  circumftances  confidered,  befufpe&edof  favouring  any 
thing,but  Juftice  in  their  Judgments  •  nor  fearing  any  thing,  but  to  offend  God,  the 
King,  and  the  Law  ^  if  otherwife  then  according  to  their  Oaths  they  (hould  do.  And 
hereupon  I  (hall  ufe  the  Pfalmifts  words,  Blefcd  are  the  people  that  are  in  fuch  a  cajet 
and  who  do  receive  the  Law,  a  Talibus  Sacerdotibus. 

Sacerdotes ,  then,  in  a  borrowed  fenfe,  Judges  and  Lawyers  are  -,  but  in  the  true  no- 
tion ofZJIpian,    and  our  Fortefcue  too,     1  fuppofe  Lay-men  were  not  intended  to  be 
exprefled  by  it  •,  for  they  did  militiam  fitius  quam  literas  adminiitrare  -,  but  in  all  parts, 
both  of  France , Normandy ,and  other  Nations,  men  in  Civil  Judicature  were,  till  E.  \ .   M.Paris,  m  Gu- 
rus time,    Ecclefiaftiques  -,  and  till  then  'twas  not  onely  nullum  Clericus  nifi  Cau/idicus,  ^Jtjt**1'' 
but  mllus  fudex  nifi  Cltncus.      And  when  the  Judges  of  the  Courts  of  Common-Law  )„  s,a"'  weftm! 
were  Clergy -men, they  would  not  fuffer  any  ufurpation  upon  the  Common-Law,  faith  i.*»*f  *•• 
Sir  Edward  Coil^,  to  their  honour. 

By  Sacerdotes  then,  Vlpianfiom  whom  our  Chancellour  deduces  hisinftance,  meant 
the  flower  and  prime  of  men,whom  the  Antients  exprefled  by  names,  alluding  to  their 
employments,  Ufcu,tnsx.!>$oi,  £<*'ko{«,  itf]au,7ihtir<u,  Hjnyyii,  >».&«{]«  Qt*ty»i  •    the  La-   Syntagm.  dn- 
tines,  Sacerdotes,  Curicnes,Org)cnes,  and  other  the  like,    of  which  Gjraldus  writes  -t   r"mI7 /•♦*»■ 
and  all  to  fliew  their  dignity  and  duty , to  whom  the  Myfteries  of  Law,  Juftice,  and  Re- 
bgion,  to  God  and  Man,  were  delegated. 

Sluia  tit  dieunt  fura,  leges  facrtfunt  ejuo  eas  miniftrantes>&  doeentes,  Sacerdotes  ap- 

lantnr. 


In  what  fenfe  the  Laws  are  facred ,  I  have  heretofore  (hewed,  and  that  is  as  they  are 
<£"fn(<*  ho* «}  Ji?ov,  the  invention  of  the  Gods,  and  from  them  delivered  by  Wife- men, 
isDemofthcncs  his  words  arenas  they  are  fo  prevalent  over  men, that  they  do  what  is  juft 
of  their  own  accord,  without  their  rigour  over  them  ,  as  Agefilatts  faid,  his  Subjects 
would.  An"d  when  they  have  fuch  a  Reverence  with  the  Minifters,  and  Difpenfers  of 
them,as  Glam  il  writes  of  in  his  time,M»f*  a<\uitatis,&  fua  ce/fitudinis  curia.Scc.  When, 
I  fay,thcfe  thatdo;«j  ^««rr,though  not  dare,  )thc  Judges  arefuch)  then  asuhe  Laws 
are  holy,  fo  do  they  deferve  to  be  accounted  reverend  and  worthy  -,  though  not  Priefts, 
yetPrieflly  men,  Fathers  for  Wifdom,  Oracles  for  Integrity,  and  Sanduarics  of  eve- 
ry excellent  thing  -,  becaufe  then  they  have  the  duos  fales  Sir  Edward  C«*itmentions, 
neceflary  to  their  ingrediency,  Salem  fafientia  nt  fit  inftpidus,&  falem  Confcientitt  He 
fit  diabolus.  And  how  great  Jewels  fuch  men  are,  frefolins  has  notably  in  his  Antho- 
Hiet  P-  52»  * 07, ad  174.  obferved. 

A  Deo  enim  (tint  «mnes  leges  edit  a,  -,  nam  cum  dicat  Apoftolus,  eiuod  omnis  poteftas  a 
Domino  Deo  e(l ;  leges  ab  homine  ctwditt  qui  ad  hoc  a  Domino  recepit  foteftatem, 
etUm  a  Deo  cenftituuntur  :  Vicente  autlore  caufarum  quicquid  facit  caufafc 
cn»da,facit  &  caufa  prima  altiori>&  mbiliori  mods. 

Which  words  contain  an  irrefragable  Argument,  for  the  facrednefs  of  humane  Laws 
made  by  a  lawful  Power.  For  the  Chancellour  being  to  deal  in  a  nice  point,  wherein 
Carnal  Reafon,  and  Interefts  in  Religion,  is  apt  to  byafs  beyond,  and  befides  the  one 
and  onely  mark  of  truth-  the  right  fixation  of  which,  having  a  flrong  influence  on 
practice,  and  parrying  a  not  to  be  refunded"  Argument  of  duty,  to  be  obedient  to  the 

Laws 


Oratione. 
Ctmr*  ^4rifiop- 
tmtm. 

Plutarch,  in  la- 

cmicis   Apothcj- 

mat. 

In  Prolog,  tutu 

Ub.hgHm,  Aug!. 


Pleas  Crown. 
♦  part./>.  i47« 


5* 


tii.    De  Corrc 
ftiont    Doiuti. 

Benifac. 

Dr.  Fern- 


ttrm.i.  De  Ver- 
bis Dom.fecmd, 
Maithacum. 


f  Kilo,  /.i.i.  /egi'j 
Allegory.  $7. 
£16.  De  Agricul- 
tura,  f.  iti. 
£lt.  fMI<  i«  Fo  ■ 

tiot    Infidias. 


A  Commentary  upon  Fortes  cue. 

Laws  of  Powers  for  Confciencc  fake.  This  fo  neceffary  to  prevent  Murmur  and  Re- 
bellion.which  firft  by  derogation  from,  then  by  infolency  againft  Magiftratique  power 
threatens,  ifnot  enervates  it,  our  Chancellour  backs  and  confirms  from  Scriptureand 
Reafon.  From  Scripture,  that  of  Saint  Paul,  Rom.  xiii.  1.  Let  tverj  feint  be  fnbjcil to 
the  higher  Powers,  fer  there  is  no  Power  but  of  God ;  the  Powers  that  be,  are  ordained  of 
Cod :  whofoever  therefore  refifteth  the  Power ,  refifteth  the  Ordinance  of  God  ;  and  they  that 
refift,  Shall  receive  to  themselves  damnation. 

This  Scripture  I  have  ever  held  the  Magna  Chart  a  of  Power  ,  and  becaufe  it  hath 
fuch  a  pat  and  dired  afpeft  on  the  Asportation  of  it,  pride  and  Treachery  have  ever 
difcharged  their  witty  Canon  on  it,  to  batter ,or  at  leaft  abate  the  Obligation  of  it :  nor 
Were  there  ever  more  dangerous  gloffes,and  religious  cheats,  put  upon  the  literal  truth 
of  it,  then  of  late  by  fome  of  our  feduced  pretended  Zealots,  and  their  Theological 
Enthufiaftiques.  For  though  the  A  poftle  has  guarded  this  Canon  of  fo  great  concern, 
with  all  poflible  ftrength,  through  which  nothing  but  levelling  fury,  and  Anabaptifti- 
cal  Treachery  can  polnbly  break  ■,  yet  have  as  great  endeavours  been  made  by  men  of 
more  pretended  fobriety,  as  could  well,  by  wit  and  ill-will,  be  machinated.  But  this 
Scripture  has,  and  I  hope,  ever  will  hold  its  own  with  all  fober  Chriftians  ,  as  well  of 
thefe,  as  of  the  Primitive  Ages  -,  and  fo  Saint  Auguftine  defended  it  againft  the  Dona- 
tifts,  who  would  difobey  Magiftrates,  upon  pretence,  that  God  was  rather  to  be  obey- 
ed then  they  ■,  which  was  true,but  not  in  their  fenfe  •,  and  then  boaft,  they  fuffered  for 
Confcience,  and  fo  were  Martyrs,  I  fay,  as  he  reproached  them,  faying,  Nonergo 
cjui.  proper  inianitatem,  &  propter  Chriftiana  unit  at  is  impiam  divifionem,fed  qui  propter 
jnftitiam  perfenuntionem  patiuntnr,  ii  Martyres  vcrifunt.  And  again,  Potefi  effe  im~ 
pier  urn  ftmilis  pana,  fed  diffimilit  eft  Martjrum  caufa.  So  that  divers  Orthodoxly 
amongft  us,  and  by  name,  and  very  early,  when  the  poyfon  of  it  did  but  pullulate,  rhc 
late  learned  Bifhop  of  Chefte r.  So  that  con(idering,what  is  in  the  Text,  and  whatlias 
been  faid  upon  it,  one  would  wonder,  what  confidence  of  man  durft  own  fo  reafonlefs  a 
Principle,  as  prophanation  of  this  Text,  endeavours  to  fet  up  to  the  ruine  of  all  Go- 
vernours,  and  confufion  of  all  Government.  For,  firft,  the  A  poftle  being  to  preach  a 
Doftrine  neceffary  for  the  fuffering  times  of  the  Church,  under  Ethniqne  Princes,  and 
rigid  Step- Fathers,  terms  them  yet  Powers,  and  Powers  ordained  of  God  ;  and  then 
knowing,men-fufferers  would  be  tempted  to  ftand  upon  terms ,  when  they  had  multi- 
tudes to  back  them,  and  fo  would  raife  a  purprefture  againft  the  Defign  of  God  in  his 
Churches  Clarification  by  fuffering,  and  On  the  wafte,  and  to  the  nufanceof  the  Lords 
of  thefe  Earthly  Soils,  publifh.es  obedience  and  fubjeftion  to  them.  Why^  they  are 
Powers,  and  higher  Powers  then  to  be  coped  with,  or  refilled  by  any  their  Subjects , 
while  they  command  things  lawful  and  mft,aftively,  when  otherwife,  paffively  to  be  0- 
beyed ;  Si  contra  Proconful  jnbeat,  non  utiqne  contemnis  pete  ft  at  em,  fed  eligis  majorife- 
vire  nee  huic  debeat  minor  irafci,fi  major  pralata  eft,  faith  the  Father  ;  yea,  and  as  there 
is  by  this  Rule  a  latitude  of  obedience,  fo  of  perfons,  every  foul,  not  one,  and  not  the 
other,  but  all,  high,  low,rich,poor,Chriftian,Heathen,Mafter,Servant.  Let  every  foul, 
faith  Saint  Pant,  hinc  jam  ajfumenda  eft  fides  tua  tane/nam  jcutum  in  ejuo  poffis  omnia  ja- 
cttla  inimici  extinguere,  faith  the  Father.  And  the  reafon  of  Power,to  be  in  all  things, 
and  by  all  perfons  obeyed,  is  ratiene  ertus  &  authoris  ;  'tisof  God,  appointed  and  com- 
miffionarcd  :'tisofGod,  his  eminently  ^  mens  in  Magiftracy  derivatively.  Now  this 
the  Chancellour  proving,  in  behalf  of  Powers  Conftitution,  extends  to  Powers  expreffi- 
on.  If  Magiftracy  be  of  God,  and  Laws  be  made  by  it,  for  theendsitfelfwasconfti- 
tuted,  then  Laws  are  of  God,  becaufe  effects  of  that  Power  which  was  ordained  by 
God :  fo  that  Scripture  is  an  Affertor  of  humane  Laws  as  from  God.  A  nd  Reafon  fe- 
condsit,  whatever  the  fecondcaufe  does,  the  firft  caufe  more  fingularly  and  nobly 
does :  Magiftrates  are  the  fecond  caufe  of  Laws,and  they  are  of  God.their  firft  caufe: 
therefore  Laws  made  by  them  are  of  God ;  by  men  his  Delegates,  whom  he  empowr- 
ing,  as  he  is  iav  t\av  A/jyt, the  foul  that  enliveneth  all,a.vSfa,  x)  WJipa.  t«?  %xeav  fkc.thc  huf- 
band  and  father,  that  begets  andfnpport  every  thing,  <*p;#  x}  iv^itfalivt  *Ly*  *nyri,the 
principle  and  fountain  of  original  wtfdom,  as  P  hilt's  words  are }  enables,  to  make  wifefy 
and  exadly  to  fee  obeyed  the  Laws  they  fo  make ,  as  the  Candle  lightning  argues  the 
Sun,the  enlighter  of  it  much  more  light,  and  the  fountain  of  the  Candle  light ;  and-the 
Earth  producing  food  for  man,  argues  the  Earth,  the  maternal  caufe  of  man  fo  fup- 

portcd : 


A  Commentary  upon  Fortes  cue.  53 

ported  :  fo  in  Laws  •_    what  Magiftrates,    as  the  fecond  caufe,  do,  seneca,  E[  «?.  h*c  txtmfUrU  nr»m  cm- 

isby.of,    andfromGod,  their  firft  caufe     And  hence  is  it,  that  fcf£^&?ZJ«Z£Z. 

the  Philofopher  fays  of  God,  that  he  is  not  blefled  from  one  good  tUxus  'fl  >^mu  bu  fii*ris  >ft  9»<u  Plato 

in  him,;**  Mir,  as  he  is  the  general  nature  of  all.     And    fo  ^mIT'™""'1*''  immutM">ini- 

far  as  thefe  refer  to  their  firft  caufe,  God,  are  indifpenfably  to  be  dc  Rcpubi.  w.M.  t. 
obeyed.upon  penalty  of  that  which  the  next  verfc  calls  damnation, 

£uarc  Jofaphat  Rex  Judae  ait  judicious  fuis,-judicia  qnavos  profertu ,  judicia  Dei 
funt,  2  Cor,  six.  &  vobijeum  Dens  injudicio. 

This  is  added  to  confirm  the  PrepoGtion/or  Jehofaphat  was  a  very  holy  King,  2  Ghro. 
xvii.  3,.4,?,  6.  and,by  God's  direction,  1  believe,  gave  thischarge  to  his  Judges  s  the 
intent  whereof  was  not  fo  much  to  incline  them  to  care  and  integrity,  from  fear  of  his 
feverity,and  ill  refentmen:  of  their  mifcarriage  •  but  from  confederation  that  they  were 
qua  Dei  funt  acluri;  yet  the  judgments  they  parted,  were  vice  Dti:  therefore  they 
fliould  do  as  God  would,  were  he  himfelfon  tie  Bench  •  fudge  rightcoufly  ,'  pud'  ifjJiv 
hbyu  <t  nexovx,  fays  the  Septuagint,  that  is, ye  Are  temporary  Gods,  and  are  fuch  as  have 
reputed  infallibility.  Take  heed,  do  nothing  rafhly  ,  nothing  contrary  to  evidence , 
nothing  for  favour,  fear,  or  wrath.  Remember  Kings  are  properly  Judges,  andfudg-  Ki«t}*me%m 
mints  properly  belong  to  them  from  God ; y  and  when  Kings  depute  Judges  to  bear  part  of  h"  Speech,  iiu. 
the  fubalttrn  Burthen  of  Government,  they  are  taken  into  a  near  conjunction  with  Kings  ■, 
for  the  fame  conjunction  that  it  between  God  and  the  King  upward,  it  between  the  King  his 
Judge,  downward,  faid  our  once  EngUfh  Solomon  of  famous  memory. 

This  Scripture  puts  a  great  dignity  on  Judges,  and  calls  for  a  great  circumfpe&ion  in 
their  duty  to  God  and  the  People  they  fit  upon :  For  though  it  was  primarily  and  per- 
fonally  fpoken  to  fehofaphat's  Judges,  who  judged  by  the  Mofaique  Law  -,   yet  inaf« 
much  as  the  words  are,  that  God  is  with  them,  h  \iy*t<  *em«f ,   all  Judges  that  have 
h!ayu  Kelctut,  are  within  in  it,one  way  or  other,  and  there  is  a  duty  on,  and  a  reverence 
to  them,  by  virtue  of  this  Scripture.     And  this  wife  Princes  apprehending,    conftitutc 
the  beft  of  Lawyers,  both  for  Learning  and  Integrity,   Judges,  fuch  as  Pomponiw  men- 
tiODi.Servittt  Sulpititu,  neque  enim  magis  itte  juris  confultus  quamjuftitiafuit,  itaque  ln  Pa_B<i^' fi  t- 
qua  proficifcebantur  a  legibus,&  a  jure  civili,  femper  ad  facilitate™,  aquitate'mque  refe- 
rebat,  wqueconjlituerc  litium  atltones  malebat  qudm  contrevtrftat  tollere,  faith  Budaus. 
And  fuch  as  Cains  Aquilins  ,  It  a  pi  ft  us  &  bonus  virfuit,    (Cicero  writes  of  him)  ut 
naturi  no*  difciplink  confultus  fuiffe  videatur :  it  a  peritus,  &  prudtns,  ut  ex  jure  civili 
hob  foi-.ntia  folum,verum  etiambonitas  nata  e(fe  videatur.  Fond  Judges  are  to  be  taught 
their  notes,  as  Nightingales  arc  by  their  Mothers,  and  to  make  Mufick  as  they  do,  *  Xm 
(udlr,  &c.     Not  for  favour, or  affcttion  ;  nor  for  reward,or  advantage,  but  for  pure  Ju- 
ftice fake,  and  in  obedience  to  God,  their  King,  and  the  LaVvs.     For  the  Laws  are  reguU  p1"'^^ *„;. 
permanentes,  ncn  nutantes  :  and  as  they  punifh  bribery ,and  pafiion,  as  in  the  fore-men-  milium, /ri- 
tioncd  Examples  is  made  out ;   fo  have  they  punifhed  ealinefs,  and  unjuft  lenity,  as  a 
blemifti  to  Juftice.and  an  ufurpation  upon  her.  Juflice  Ingham  fiii'm  E.  the  Firft  his 
time,  eight  hundred  pounds  for  a  Fine  fpent  on  building  the  Clock-houfe  at  Weftmin- 
fter,  for  razing  a  Roll  in  an  Action  of  Debt  recovered  againft  a  very  poor  man,  and 
making  the  thirteen  fhillings  four  pence  thereupon  entered,  fix  Shillings  eight  pence  ■,  SiriAw.  cooH, 
which  Juftice  Southcot  in  Queen  ElUtbeth's  time,  remembred  Cateljn,  the  Chief- Ju-  ff4rtirtfl",B 
(Vice  of.    For  when  fatelyn  would  have  exprefTed  fuch  a  like  mercy  to  a  poor  Wretch,  e .  7». 
Southcot  denyed  aflent  to  it,   faying,  He  meant  nottt  build  a  Cloekzhoufe. 

Ex  quibus  trudiris,    quod  leges  licit  humanas  addifceret  eft  addifcere  leges  f'acrxs,   & 
editiont  1  dei,  quo  ear  urn  Sludium  non  vacat  a  duleedine  csnfolationis  fantt*. 

This  is  a  good  inference,  and  carries  a  great  Argument  to  the  ftndy  of  humane 
Laws,  that  they  are,  in  a  fcnfejGod's  Laws,  becaufe  made  by  God's  Power,  and  to 
God's  end,  order,  and  juftice  •,  and  therefore  as  ftudy  of  Gods  the  priraaew  and  origi- 
nal Law,  whether  Natural,  National,  or  Mofaiqne,  is  thebeftadjument  to  theun- 
dcrftanding  of  thofe  humane  Laws,  which  are  formed  from  them  :  fo  the  comfort,de- 

O  light, 


fA  A  Commentary  upon  Fortescue. 

light,  and  benefit,  which  men  have  by  the  one  in  fuch  degrees,    refk&s  on  the  ftudy  of 
the  other'.as  makes  an  ample  compenfation  for  the  time  expended  about,  and  impend- 
ed on  them.     For  though  in  the  Laws  of  nature  and  men,    there  is  myfterious  abftru- 
fity,  which  toils  and  troubles  the  Learners  brain  ,    in  perfcrutatmg  and  undemanding  * 
them  •,  the  effects  whereof  are  vifible  in  the  morofity  and  feparation  of  their  Students,    - 
from  the  pleafures'of  conversion  and  diverGon  •,  yet  are  the  events  and  iffues  in  com- 
prehenfion  of  them  to  fuch  degrees.as  are  confe&aries  and  rewards  of  double  diligence, 
very  grateful,  and  perceptively  congenial  to  the  expc&ation  of  thofe  excellent  minds, 
who  after  bufic  difquifition  into  them  ,   reap  dnUedinem  confalatknit  fantla.     There 
may  God  be  feen  in  all  his  emanations  and  bounties  to  man,  in  the  Work  of  the  World, 
in  the  harmony  and  confent  of  Creatures,  in  a  natural  Worfhip  of 
$^m  cum  ft ityfmt  &  fartitm fini  enfin ■     God,  and  a  noble  confervation  of  thcmfelves  ,  in  the  various  ex- 
fit.^^d.cMmamumk^mmm.^m     prefi-,onsof  virtucs  and  vices,  according  to  xhe  differences  of  Cli- 

tmvtmhUimm  frtvi,  nihil  iHirui  J*r"tjt,       Y      '  ,  !.   ,  .     °  ,,  .,  - 

mMi.imam*T«m,  ««  Ma . ,mm* f*.«t «  matcsand  Tropicks,  under  which  Nations  are,  and  the  accidents 01 
imf*i,jm,miiuiiH,  ,n.fm«»m  *c,d« .  fid  thcjr  changes,  Subverfions,  Difcoveries,  and  Laws,  in  the  preva- 
tllffj^^Sm^^tmu.  m.  lencies  of  I nterefts,  which  hurry  up  and  down,  fublevate  and  de- 
De  vita  Beata.f  «j+.  prefs  perfons  and  things,  as  they  are  afted  by  the  Furies  and  Con- 

cerns of  their  Entrigo's  and  Compofures.  Thefe,  and  fuch  like 
particulars,  learned  by  ftudy  of  the  Laws  of  Nature,  Nations,  and  Countreys,  do  fo 
enrkhand  fortifie  the  mind  againft  penury  and  ignorance,  which  the  divinity  of  it 
abhors  ;  that  truly  'tis  not  poffible  to  be  a  ftranger  to  God,  the  chief  good,  and  to  be 
ignorant  of  the  wifdom  that  is  above,  while  we  ftudy  that, which  is  revealed  of  that  wif- 
Natat  o-wft  *om  >  in  thefe  fevcral  things,  and  in  the  traditions  of  them  to  us.  Hence  the  M»~ 
«Ks./.  1*7.  ralifi  lays  down  a  notable  Rule  for  the  chief  thing ,  a  Wife-man  is  to  propofe,  Eri- 
gerc*nimumfnpraminas&  promffafortun*-,  nihil  dignum  putare  quod  fpc  ret  y  quid 
tnim  habit  dignum  qnodconsupifc/u,  qui  a  divinorum  contemplation  qnotiet  ad  human* 
recederisfsonalitcr  caligabit,  quam  quorum  ockli  i'n  denfam  umbram  ex  elarofole  rediere. 
Now  this  attained,  and  a  man  fo  ratified  and  abftrafted  from  vulgar  feculences,  how 
can  this,  effected  by  ftudy  of  theLaWs  of  men,be  lefs  then  dulcedo  confolationis  •  not  that 
duletdo  ccnfolationit  is  bound  up  in  them.g'**  fucb^for  fo  they  do  me  rum  corticem\homimt 
tangere,  as  they  are  humane,  and  have  man  for  their  fcope  and  circumference,  fincein 
bis  capacity  they  amount  to  vanity  and  vexation  of  fpirit.  But  as  they  are  Directions 
and  Maaudufts  to  God, to  whofe  wifdom  and  power  all  thefe  are.  fub  je&,  and  in  whom 
they  are  what  they  are,  and  as  they  inable  the  mind  to  underftand  it  felf,  defignedto 
ferveits  principal,  and  by  every  exotique  advantage,  to  be  improved  to  its  principals, 
glory,  and  dignity  j  fo  the  knowledge  of  them  affords  dulcedinem  confolationis. 

Nee  tamen,  ut  tu  conjicit  dulcedo  hujufmtdi  caufafuit,  cur  Mots,  Re  get  lfraeI,Deu- 
teronomium  [egerepraciperat  -,  nam  can/a  hac,  non  plus  Reges  quam  pltbeiot  ad 
ejus  leiluram  provocate  nee  flu t  Deuteronomii  librnm  quam  alios  Pcntateucfii 
librot  legere,  pulfat  caufa  ifia. 

Here  our  Tcxt-Mafter  prevents  the  miftake  of  Mofet  his  intent  in  this  Prefcript  to  the 
Jfraelmfb  Kings,that  Deuteronomy  is  referred  to,  becaufe  it,  in  the  matter  of  ir5  or  in 
the  intent  of  God,  relates  to  the  pleafure  of  a  King  more  then  other  men.  For  God 
and  Mofet  in  it  takes  no  notice  of  this  ;  'tis  an  Argument  which,  by  the  bye,  has  a  fu- 
peraddition  comes  in,  like  that  *>f«s*3»!«7*«,  our  Lord  mentioned,  Matth.  vi.  jj.  that 
which  God  and  Mofet  from  him  commends  in  Deuteronomy  to  the  King  ,  is  the  utile 
duhi  AJfociatum  &  conjunilum,  theholinefs,  the  juftice,  the  conformity  to  God.which 
a  holy  and  divine  foul  counts  its  chief  comfort,  and  that  peculiar  erudition  in  the  me- 
thod of  Kinglynefs,  which  from  that  Book  Entry  is  perfpicuous  and  knowablc.  For 
though  all  the  parts  of  Scripture  are  full  of  Inftrudions,and  favoury  Precepts,  directive 
to  man  in  the  latitude  of  his  duty,and  holy  meditation  will,  by  an  effectual  Cbimiftry, 
drain  from  them  fpiritual  fucculency  :  yet  none  are  fo  fitted  to  a  King,  as  thofe  parp 
of  it  which  treat  of  Kingly  matters  t  Thefe  wcrdt,  infeafon,  have  the  beauty  of  Applet  */ 
Gold  in  Pifturet  of  Silver  ;  all  parts  alike,  all  parts  of  them  beauteous.  And  there- 
fore 'twas  not  the  fweetnefs  of  meditation,  nor  the  particular  affection  that  Mofet  had 
to  this  Book,  as  his  fofeph,  that  made  him  fpecially  refer  his  love  and  direction  of  tb« 

Prince 


e.  14. 


^Commentary  upon  Fortes  cue.  55 

Prince  thereto:  but  quia  inDeuteronomio^lmqukm  in  aliis  libris  vtteris  Teflnmenti  leges 

inferuntur  quibtu  Rex  lfrael  p >op ulumregere  obmxieus  eft,  ejufdem  mandaxi  circumftan-* 

tU  mamfeft'e  nos  informant ,  that  is,  as  i  faid  before  -,  becaufe  in  Deuteronomy,  as  the  fe- 

cond  thoughts  oiMofes,  the  Laws  formerly  delivered  but  in  pare,  and.as  it  were,con- 

fufedly,  as  the  emergent  occafions  produced  them,  iscompleated  anddigeftedintoafit'fietonms  h 

and  formal  method.     And  the  Prince  that  follows  them,  will  know  how  duritiam  mul-  Glaudl0' 

tar  urn  legum  ex  tquo  &  bono  moderare  ;  for  as  it  follows, 

SI"?  &  tt  frinceps  radem  causa  mn  minus  quam  Reges  lfrael  exhortatur ,t,tlegum  qui* 
buspopuluminfuturum  Reges,  tufisfoltuindagatory  nam  quod  Rtgi\[wz\di- 
Hum  tftyomni  Regi  fopuli  indentis  deum  Tjpici  diClumfuijfe  inteffigeudum  eft. 

Still  there  is  a  perfect  coherence  in  our  Jext,  every  thing  ufhers  in  its  fellow,  every 
antecedent  word  its  fubfequent,  and  tharupon  a  rcafon  of  order  ;  for  in  that  Mofes 
did  not  write  this  Law  as  a  Prefcript  of  Jfrael's  Kings,  and  determined  the  direction  to 
them,  in  the  line  of  their  order,  and  fucceflionot  their  Government;  but  made  it 
morally  typical  of  all  Governours,  and  Governments,  who  thence  ftiould  take  pat- 
tern. Our  Chancellour  tells  the  Prince,  the  direction  of  the  Law  in  Deuteronomy,  will 
reach  him,  as  well  as  the  Kings  of  lfrael;  and  that  God  having  given  the  Law  as  a 
Counfel  and  Prefcripc  to  all  Kings,  will  require  the  breach  or  negleft  of  it  from  all 
Kings,  as  well  others,  as  lfraels.  indeed,  fome  things  there  were  delivered  to  the 
ftws,  which  were  appropriate  to  them,  and  determined  with  their  Oeconomy,  the 
Rites  of  their  Priefthood,  the  Judiculs  of  their  Civil  Government,  was  literally  limited 
to  them,  though  there  was  fome  fiber  and  firing ,  as  it  were,  of  moral  duration  and 
influence  in  them  alfo :  but  foi  thing*  that  relate  to  converfation  with  God,  men,  and 
onesfelf^  that,  being  moral  in  its  nature,was  adapted  to  the  feVps  zn  trior  in  time  to  us: 
but  not  more  obliged  by  the  bond,  or  priviledged  by  the  franchise  of  it  then  others 
their  Succeffours.  And  therefore  as  our  Lord  renewes  the  Precepts  of  old  by  his  Go- 
fpel  mentioned  Matth.v.  and  Saint  Paul  fays,  What  is  written,  •  was  written  for  our 
inftrudion.  So  may  I  fey,  in  this  cafe  of  the  King,  as  referred  to  Deuteronomy^  God 
intended  the  direction  Ihere  to  all  Succeffours  to  the  firft  Kings  in  their  Kingfliip,  and 
to  fuch  enlargements  of  Governments,  as  time  fhould  difcover,  and  power  and  pru- 
dence erefl  -t  and  having  done  this,  the  counfel  or  command  there  reaches  all  in  their 
duty  to  undcrftand,  attend,  and  obey  it.     And  therefore  the  Chancellour  proceeds. 

An  tunc  non  convenienter  utilite'rque  propofui  tibi  mandatum  re  gibus  ifraelis  I  At  urn  de 
tornm  lege  addifcenda,  dum  nedum  ejus  cxemplum,  fed  &  ejus  author  it  as  figu- 
mlis  teerudivlt,  &  obligavit  ad  ccnpmiliter  faciendum  de'legibus  regal  quod 
annuthte  domino  htreditaturus  es. 

• 
This  the  Chancellour  concludes  with  asaredditionof  thepremifes ,  with  anappeal 
to  his  reafon,  f(|  juftification  ot  his  fervicetothe  Prince's  accomplifhment  therein  -} 
no  vain  ayrie  Romance,  no  nugatory  delight,  no  fordid  mendication  is  preferred  by 
our  Chancellour  •  thofe  would  weaken,  not  fortifie,  the  Prince's  mind  ■,  and  beweed, 
not  cultivate  it  to  an  artly  trimnefs ;  that  which  he  promotes ,  is  apparently  worthy. 
*Tis  theLawofGod,  Nature,  Nations, and  whatisasbecominghim,toobferveasany 
of  thefe.becaufe  thefe  all  brought  into,  and  become  the  Law  of  his  Government.  Now 
thisfoantient,  exa&,  approved,  idoneons  efteemed,  as  he  conveniently,  fo  profitably 
prefenting  to  him,was  a  good  office,  without  all  doubt  or  peradventure  :  many  things, 
experience  tejls  us,  are  convenient,  but  not  profitable,  (if  profit  be  calculated  accord- 
ing to  the  common  notion)  many  things  are  profitable,  but  not  convenient :  but  this 
beir  g  profitable  for  the  nature,  and  convenient  for  the  feafon ,  deferves  to  derive  an 
honour  on  the  giver,and  oblige  the  receiver  to  a  gratitude.  And  with  this  he  ends  his 
third  Chapter. 


CHAP. 


J< 


A  Commentary  upon  Fortescue, 


\yu /Ant   n- 
fidif  tiJk  ri 

I'healog.   *ftd 
Stobxum,  Sirm. 
ti:f.jc). 


DetfatiK.  D-o 
[um.Cic./»/r«6' 
nun. 


ty.7S.Jwc. 


*>.  !»• 


Plut.Iit.  De  Py 
tbiac  Otaculis, 


CHAP.   IV. 

Nonfolitm  Ht  denm  time  at,  quo  &  fafitns  tris,  frincefs  colendijjimt,  vacant  te  leges 
turn  Propheta  dicente,  venite  filii,  audite  me,  timirem  domini  doceb*  vos  -,  fedetiam 
ut  falicitatem,  beatudincmque  (  front  in  hae  vita  nancifei  foteris  )  if  fa  leges  ad  ta\ 
rum  difcifliuatum  tt  invitant. 

HErc  the  Chanccllour  profecutes  his  precedent  Argument  for  the  Laws,  by  (hew- 
ing,that  the  Laws  of  GoTernment,and  efpecially  thofe  of  England,  the  marrow  of 
all  the  fore- mentioned  Laws,  do  not  onely  inftruft  Princes  in  the  way  of  Religion  to 
God,  andofjufticetomen  ■,  butalfooffel£confervancy,  by  a  well-ordered  virtue, 
and  a  through-paced  prudence,  to  attain  temporal  felicity  ot  ftate  and  mind.  And  tha 
better  to  pofTefs  the  Prince  with  the  opinion,  that  this  the  Law  does,  he  engages  him 
to  the  belief  and  tryal  of  them  by  thefe  gradations. 

Firft,  in  that  he  complements  him,  as  Princeps  colendijjimus,  he  does  befpeak  him 
to  love  and  follow  the  Law  as  that  was  has  all  the  learning  of  right  living.and  j'uft  go- 
verning in  it,  and  that  which  makes  men  fubmit  willingly  to ,  and  venture  refclutely 
for  him,  men  being  apt  piefaniclque  colere  naturam  exeeRentem  &  prafiatttem,  as  TuBy 
has  it,  and  memoriam  beneficii  ctlere  memeria  femfeternti ,  as  the  fame  Orator  :  For 
though  ncbiliflimus ,  and  clariffimus,  may  make  men  dreaded  and  awed  -,  yet  cclcndijft- 
mus  fuppofes  a  virtue,  which  feifesontheReafonofman,  and  aws  his  Confcience,and 
thence  works  a  divine  veneration,  performed  to  a  Prince,  as  a  mortal  God,  whom 
Religion  commands  to  honour,  becaufe  good,  juft,  merciful.as  well  as  becaufe  great, 
terrible,  and  not  to  be  refifted. 

Secondly,  in  that  he  propofes  the  Laws  of  Government ,  as  founded  upon  the  Law 
of  God,  Nature,  and  Nations,  to  be  prefcriptive  of  all  virtue,  accumulated  in  the  fear 
of  Goi,  the  beginnwfofmjdom,  and  apply  es  that  Text,  which  King  David  fpake  as  a 
Prophet  to  the  Law,  as  hers,  in  his  mouth  ;  Come  mj  Children,  hearken  to  me,  J  VriM 
teach ion  the  fear  of  the  Lord.  Words  of  weight  and  wifdom  ,  like  thofe  the  Moralifi 
calls  for,  Non  mehercules  jejuna  effe  &  arida  volo  qua  de  rebus  tam  magnis  dicentur ,ntque 
enim  Philofophia  ingenium  renunciat :  for  the  ffalmifi  is  no  dry  bone,  that  lives  not  in 
pathetiques,  without  a  miracle  -,  his  words  here  do  not  fo  much/f ,  ut  res  o Bender e,b\It 
when  others  are  oratorious  to  no  purpofe,but  to  enchant  and  feduee,  to  cog  and  over- 
reach their  Auditors,  by  the  lurch  of  their  own  credulity,  hi*  animi  ntgotinm  agitur , 
non  quarit  ager  tnedicum  e/oquentem  fedfanantem,  as  the  lame  Moralist  goes  on  :  and 
therefore  thefe  words  that  he  tranfplants  to  fo  good  purpofe,  are  much  to  be  heeded, 
fince  they  propofe  the  counfel,  command,  and  praftice  of  a  prophetique  divine  King,  to 
she  Prince ,  that  the  Chanceltour  fuppofes  God  has  appointed,and  the  men  of  England 
ought  in  dae  time  to  have  accepted  their  King,  and  as  fuch  to  have  valued  him. 

Thirdly,  in  that  he  works  upon  paffions  of  love  and  defire,  which  fe  Prince,as  man, 
and  young,  might  have  eager  fet  on  felicity  and  bleffednefs,  as  attainable  by  this  fear  of 
God.wrought  in  him  by  the  Law.  This  is  to  decorate,  and  introduce  the  Law  into  his 
love,by  that  lata  porta,  which  is  auguft,  and  by  an  entertainment  of  amplitude.  In- 
deed, the  Chancellour  herein  feems  more  happy ,  then  Seneca  thought  himfelf,  when 
he  was  difcourfing  of  Plato,  Miie  res  inciderunt,  cum  forte  de  Platone  leaner emur,  etna 
nomina-dejiderarent  nee  halter ent  •,  for  whereas  that  Rhetorician  had  an  excellent  perfon 
tofpeakof,  but  by  exility  of  words  failed  in  a  reddition  of  him  commenfurate  to  bis 
merit,  and  his  mentioners  intendment  and  ambition,  to  evidence,  our  Text-Mafter,  as 
writing  of  a  better  fubjeft,  the  Laws ,  then  he  did  of  a  Plato,  who  was  but  a  man, 
paffant  through  the  Zodiaque  of  mutability  and  infirmity,  neither  wants  words  to 
waft  his  matter  in,  nor  matter  to  ballaft  and  carry  his  Reafon  to  his  Readers  perfwa- 
fion-  butha.\\i\gtemperamentamadp«»dns,  produces  it  to  a  very  ferious  andfavoujy 
purpofe,  telling  him,  that  though  life  was  ftiort,  and  felicity  in,  and  beatitude 
after  this  life,  was  the  inftigation  and  reward  of  all  Endeavours  in  Kings  and  Com- 
■  moners,  f»t»ioabi  u  y6  ftr<t9i?pa7<i,  Sec.  that  Princes  mufi  devote  to  God  Altars  of  fuflice, 
Temperance,  Magnanimity,  i  Xj»m,  not  of  Gold  and  Silver,    but  of  Virtue,  which  they 

rather 


A  Commentary  upon  Fortes  cue,  57 

rotifer  accept.  Yet  this  fo  truly  the  Miftrcfs  and  Minion  of  all  perfons  perfe&ions,  and 
perf.vaftons,  was  lodged  in,  and  acquired  by  the  irritation  and   irradiation   of  the 
Laws.     For  in  that  the  Laws  have  the  precepts  of  virtue  praAifed,  and  vice  abhorred,'  . 
and  in  that,  ferenity  of  foul,  and  fuccefs  in  affairs  affociates,  and  fame  and  heroique  Ca- 
nonization fucceeds  their  practical  punctuality,  what  can  be  more  truly  afferted,  nor 
more  really  allured  a  fequacious  and  virtuous  Prince,  then  that  he  living  according  to 
the  Laws,  fhill  be  made  an  amor  &  delicia  humani  generis  by  them,  and  attain  an  Ely 
Jium,noz  fiftive.but  real.his  hearts  wifhinot the  multa  vota qua fibi fateri pudet ,as  Senc-  ui.t.  Benef; 
ca  expreffes  it,  but  the  pauca  quafacere  coram  tefie  poflimus.Sach  defires  he  may  obtain  ?•  "7. 
of  God,  by  fuch  a  demeanour  of,  and  conforming  himfelf  to  the  Laws,  as  Selomonhai 
granted,    when  he  wifely  asked  it,  a  Wife  and  under  Handing  heart  -,    fuch  as  Hezekjah 
prayed  for,  Let  there  be  peace  and  truth  in  my  dajs  ;  ad  hnnc  difciplinatnm  te  leges  in- 
v  t.att,  faith  our  Text. 

PkHofophi  ndmque  omnes,  qui  de  felicitate  tarn  varie  difputabaut,  in  hoc  uno  convene- 
runt,  viz.  quod  felicitat  five  beatitudo,  finis  eft  omnit  humAni  appetitns. 

This  is  brought  in  tocompleat  the  Laws  to  the  purpofe  of  putting  the  Prince  in  pof- 
Cb.lity,and  poffeflion  of  felicity  and  beatitude,  by  following  the  direction  of  the  Laws : 
for  they  do  not  make  a  man  guefs,  and  look  upon  them  by  rote,  as  we  fay,  n  $  el&i- 
Tt&3* ,  &cc.  All  men  m.tj  asweUdo  this  as  wife  »«»,fays  Ariflotlc  •,    but  give  a  man  an  Metaphyfe.  «<". 
exact  and  perfed  view  of ,  and  direction  to ,  yea  an  inheritance  in  them.    For  as  the  I*'*1* 
mind  mikes  the  man  in  whom  it  refides,  «e<r@-  x)  evpytvi9a.1&,  as  the  fame  Philofo-  £>4.to.De  MoiU 
pher  lays  down  the  pofition :  fo  the  Laws  fcore  out  the  features  of  beatitude  and  felici-   bus'  *•  »• 
ty,  for  thofe  are  confiftent  onely  with  Virtue,  and  Juftice.which  they  alfo  fpecifie.  The 
Philofophers  therefore  who  were  the  antient  Nomotheta  among  the  Greeks,  acknow- 
ledged the  fum  of  alt  the  wifdom  revealed  by  the  Numina,  and  acquirable  by  men,  to 
conliil  in  felicity  and  bleflednefs,  the  adequate  end  of  virtue ,  beyond  which  no  man 
could,  no  man  did  ever  wifli ;  and  though  Seneca  condemns  them,  as  all  other  things, 
under  that  feeming  hard  fentence,  Tot  a  rerun*  natura  umbra  eft  ant  inanis  ant  fa/lax  : 
yet  in  his  89.  Epiftle,  as  he  recites  the  various  opinions  and  definitions  of  philofophy,      Xf.  it.  v      j 
and  philofophers  ;    fo  does  he  conclude,    Stude ,  non  ut  flits  aliquidfcias,  fed  ut  melius. 
And  this  to  follow  him  in,  there   are  two  things  that  are  to  be  touched  upon  in  this 
CUufe^    the  perfons  produced,  the  a&ions  they  are  reported  to  do  their  Conclufion ; 
Philofophers  are  the  men ,    Deputation  concerning  felicity  and  beatitude,their  recrea- 
tion and  employment  j   fixation  of  their  confiftency  in  virtue ,   that  their  confent  and 
agreement. 

Philofophi,ihe(e  were  not  onely  lovers  of  Wifdom,  but  mea,peni  divini, com  fired  to 
others,  Sri/  mflolo  *zv]i£optioi,  omni-fcient,  as  Theodor.in  Piatt  aflerts  ■,  and  Stcra-   iydt.f.s»t. 
tes  confirms  divinejThe  ground  of  philofopy  being  admiration, i  yi  dn^i  d^  */\f«pf<«   In  s°pi»ft»« 
n  du1b,  as  it  follows,  philofophers  muft  needs  be  admired,  as  the  onely  men  of  profun-    /„Thixt«. 
dity  and  miracle  that  were  almoft  not  underftood  by  men,but  thoughtGods  in  the  like-  ;.  us. 
nefsofmen.     A  nd  hence  Ficinns  makes  Plato  in  all  his  works,  propofing    nothing  fo  . 

requifite  to  a  Philofopher,   £>uam  copulam  ex  fort  undine  pariter  temper antidque  con-   pub.M.i.j>.««». 
flatam,  ut  per  ilium  alta  petantur,  per  banc  non  fpernentur  hnmilia,  &  utrimqut  nihil  un- 
tfuam  nimis  aut  audeas,   aut  metuas.     Plotinus  makes  a  Philofopher  fo  compleat,  that 
he  is  not  converfant  with  any    fpeculation    beneath,  t«  mfdyfiara  ,  &c.    A  Crafts-  Anead.,.w.,. 
Mafter  in  the  caufe  and  being  of  them,  which  he  calls,  i«{  tftim  fltaifi*.      Plutarch  f.n.u. 
accounts  them  fo  exadt,  that  he  enjoy ns  the  young  man  that  is  but  faluted  fuch ,  to  be 
careful  to  avoid  all  indecency,     leaftthe  jeftof  Menedemus  be  apply ed  to  them,  That 
tbtj  came  to  Athens  to  School  wife  ;  after  became  Philofophers ;   further  Proficients  then 
Orators, able  to  utter  their  Conceptions  with  applauft.      T  *  Ji  jjf ir«  «p«ii'r7@*  Mitirat,  at  L*t.  De  Profe- 
laftrude,   and  utterly  vain,  (woUenwith  arrogance  and  pride  ,    which  was  no  fruit  of  £,».'"  Deioera't. 
Philofophy, but  the  errours  of  them  the  Philofophers,  fince  Philofophy  taught,  ■mv\i-  gaU.f.ftt. 
ya$v»,6cc.  ever  j  thing  that  is  good,  and  nece ffarj  concerning  the  Gods. 

Yea,he  commends  Socrates,  at  grave  and  good fpeaking  from  a  right  *Ar«yiui  *«»*  i*j8*w»£s3$  71 
judgement  of the  caufes  and  natures  of  things.  Philoftratus  tells  us  rif  Wd^Jit  lifl*(.  Philoftr.iV 
the  Indians  did  much  honour  to  Phylofophen,  and  tryedthemfe-    vita  Afo\\onn,c.ii.p.g2. 

P  verely 


58 


Topical . I.  ft  '♦■ 
Ml*. 


I  De  Oratore. 
Budsus   in  ran- 
it&frurti.f. it. 


B.hetoric/ii.i. 

t.i. 

Lib.  i.  DlMo- 

tib.c.  j. 


ZA.t.DeMorib. 
c.  t. 

Cenial.  6*.  4.  e. 
14-    ™w  »al<< 

TirtijMtUi. 


A  Commentary  wporc  Fqrtescue* 

verely  before  they  approved  them  for  fuch ;  and  the  phylofopher,  in  making  a  Phylofo- 
pher  to  enquire,  ng.r  dhn^taj  *•«?»  iu]u?  *?<tyix*.7d/\tH ,  what  does  he  lefs,  then  make  it 
Divinity,  and  the  pratlicer  of  it  divine.  So  that  whatever  was  poflible  to  be  beloved, 
and  admired  in  man,  being  concluded  in  them,  we  may  well  fix  them  for  men  of  re- 
marque  ;  and  as  fuch,  record  in  our  minds  their  memories,  for  fo  the  Oratour  characte- 
rizes philofopheps  worthy,  Is  (j hi  ft >tde at  omnium  rerum  divinarum  &  humanarttm 
vim,maturam,  caufafque  noffe,  &  omnem  Irene  vivendi  rationem  tenere  &  perfequi.t  nomine 
hoc  appelletur. 

The  Difputation  is  next,  many  men  of  many  minds,  and  all  men  fo  far  in  love  with 
their  own  fhadow,  that  they,  from  different  apprehenfions,  proceed  to  different  de- 
terminations,and  fo  to  oppofitions,  heats,  and  civil  Wars,  which  fill  the  World  with 
Conteftj,  and  Hurries ;  and,  in  the  end,  loofes  Science  in  pafiion,  and  Rcafon  in  oppo- 
fition. 

Ariftotle,he  makes  felicity  to  confift  in  fuch  a  fatiation,  as  arifes  from  the  prefence  of 
fome  ufeful  virtues,   right  eoufnefs , courage  ,wifdom,  Scc.joyning  with  them  corporal  goods, 
a*  health,   firength  ,  which  fome  eaH ,    bona  via:  ■,  but  beatitude  he  terms  d.y*.Svy  tJ 
ixii^tv  tuft-n!mefvdm,8ic.  the  greateft  of  goods,  the perfection  of  acquirement '/,    the  end 
ofailion ;  honum  patria,  as  Divines  call  it :    yet  the  fame  philofopher  fays,  that  learned 
and  wife  men  have  digladiated  about  it,   and  counts  the  rehearfal  of  their  varieties 
altogether  ufelefs  ;  yet  he  fays,    T3<i^tuli^it/«vit7?«x,  &c.  Well  to  live,  and  well  to 
do,  is  to  be  bleffed.  Alexand.  ab  Alex,  gives  a  large  account, that  philofophers  thought 
all  blifs  confifted  in  ttio  &  auiete  ;    and  furely ,  ii  all  aftion  be  to  reft,  and  reft  be  cef- 
fation  from  labour ,   and  that  be  felicity  or  beatitude,   as  our  Chancellour  confufes 
them  -,  then  our  Chancellour,  and  the  philofopher,  lib.  10.  Tie  Morib.  c.  7.  are  at  an 
accord:     And  though  they  do  logomachize,  to  try  maftery  of  words   and  wit;  and 
thereby  to  beat  outdifcovery  to  greater  perfection, and  to  fpin  a  finer  thred  of  artfand 
give  it  a  renovation  of  beauty  and  delight;  yet  are  they  confederate  in  the  main,  and 
do  not  vary  in  the  definition  of  the  nature,  but  the  wording  of  their  apprehenfion  : 
for  they  make  not  felicity  or  beatitude,  to  refide  in  fenfuality,   or  vifceration,  in  vio- 
lence or  depredation.inmorofity  or  fallen  incommunicablenefs ;  but  in  that  afilmila- 
tion  of  nature,    to  the  chief  good,  and  prime  caufe,  God  5   and  to  thofe  figures  of  his 
immaculate,  unalterable,  and  influential  good,  which  he  has  communicated  to  excellent 
C  reatures ,  and  by  which  they  are  rendered,  efteemed ,  and  unvulgar.   And  this  I  take 
to  be  the  fenfe  of  our  Chancellour,  in  making  Felicity  and  Beatitude  tant  amounts,  not 
that  they  in  Logical  acceptations,  or  in  Critical  examinations,  are  exactly  the  fame  ,- 
for  though  they  moftly  agree,  yet  are  they  unlike  enough,  to  admit  •  a  difcrimination } 
but  becaufe  the  main  ingredients  to  their  perfection  are  the  fame ,    and  the  reward  of 
both  one,  as  to  what  we  apprehend,  the  fame  virtue  being  the  via  rcttato  blifs,  the 
finis  itineris.  And  hereupon  thofe  learned  men,  that  did  difceptare  de  modo,  difagreeing 
in  die  collateral,and  lefs  material  circumflances,  coincided  in  the  upfhot,  which  is  their 
determination,  quod  finis  eft  omnis  humani  appetittu.hnd  their  conclufion  is,that  beati- 
tude aiad  felicity  is  the  end  of  all  mans  defire  ■  of  his  defire,  as  rational  $  not  onely  «*•/- 
rnt'dttit  oTxpitu  ,  a  meditation  of  Veifdem,  as  fh'tlo  calls  it ;  but  a  wifdom,  which  is  \rti- 
s-mmh  9h»c  ,  &C     as  he  enlarges,  and  carries  a  man  to  fuch  a  mailer]  ofhimfelf^  andfucft 
a  magnification  of  his  Miftris  nature,  and  her  and  his  Maker  God,  as  puts  us  upon  de- 
firing  him  as  our  chief  good, and  every  tjoing  at  our  happinefstin  order  to  ,  and  our  beatitude 
with,  and  in  fruition  of  him ;  for,  as  the  fame  Philo  obferves,  no  receptacle  can  be  fie 
for  God,  rrhbM -irvyti  7*ah'«{,  &c.  but  the  foul that  is  purged  and  prepared  to  receive  himy 
the  be  ft  good.   And  therefore  the  fupreme  good,    take  it  as  Moralifts  denominate  it, 
animus fortuita  defpiciens,  virtute  latans,  ant  invicla  vis  animi  perita  rtrum,  placida  in 
aQucumhumanitatemulta,&  converfantium  cura  ■,  or,  fummuntbonumq^d  knefium 
eft.  Ep.  71.  Exnaturavoluntatefegerere,    perfttlus flatus  in  quo  quis  fummum  voti 
fuiinvinit.    Take  it  for  fuch  a  Resolution,  as  makes  a  man  a  free  man,thoughin  Pha- 
laris  his  Brazen  Bull :  yet  all  this,   if  it  could  be  feparate  from  virtue,  were  nothing  - 
Senec  <>.«7.      J%uis  fit  fummi  beni  locus,  quar is  ?    animus,  hie  nift  pur  us  &  fantlus  deum  non  capit. 
Alas!  alas!  they  are  but  refrafted,    and  minute  determinations  of  the  chief  good  that 
Philofophers  make  •  They  are  ftrangers  from  the  Common-wealth  of ifrael,  andignerant 
of  the  Covenant  of grace ,  and  without  God  in  the  world  of  their  fancy  andopin.ttion.  Their 

wits 


Ltt.Oc  Congref. 
qier.    trudit 
XM"«,p.4jf. 


Lilr.  De  hit  Ver- 
bis leCpuit  Noe, 
p.  Hi. 

Seneca,  DeBca- 
tavita.  ji.  fr), 
£f>p.  it. 


^Commentary'  upon  Fortes  cue.  59 

wits  are  a  wool-gathering,  they  feek  living  light  in  thedifmal  and  tenebrious  Caves  of 
their  obcecated  mind,  where  the  true  lighc  is  not  •,  all  the  good  they  can  reach  to,  is, 
to  x?«^5  TAti  ?*-1*'i<ut  &}*■  9 »<*"  ■>  as  Arrianus  fays,  to  live  according  to  Natures  norm  ln  EPifl«c-  ''*• 
anddifcoverj:  my,  though  Porphyry  be  the  director  to  feek  good,  iv  rl  ovviira.i,  &c.  '*'''*' 
in  conjunction  with  the  A uthour  of it ,  the  fenl.  Though  therefore  they  agree,  the  de- 
fires  are  carryed  to  beatitude  and  felicity  ■,  yet  in  that  they  fpecifie  it  fo  different  from 
the  truth  of  its  being,  they  confer  little  to  fatisfaftion:  nor  have  they  at  all  fatiated  in 
their  difcourfes  of  Philofophy  about  thefe,  and  other  points,  the  World  in  any  age  j 
though  they  have  been  the  Patriarchs  of  Herefies,  and  illaqucated 

many  in  fnares  of  ill  belief,  andfuffurated  time  and  parts  from  o-  ?hUtfi/M.  r«ri*nhd  iismiccrum,  tt. 
ther  matters,  (more  Books  being  writ  of  Philofopy,  andphilofo-  df%  (?™™ZZ'f  "f™'"*?**"- 
phers,  then  of  any  Science  whatioever,)  as  is  evident  in  Fabian    a*,  peiagianos.  r 

fuftinian's  Index,  and  in  other  Bibliotheckes.For  there  have  none 
of  the  great  Se&s  of  them  agreed,  but  been,  if  not  diametral,  yet  divers  from  one  ano- 
ther.    For  while  the  Peripatetiaues,  Ariftotelians,  or  walking  Fhilefophers,  then  which 
fort  of  men,  Tally  fays,  Nihil  eft  uberius,  nihil 'ernditius,  nihil  gravius ,   determined   Clc-iA«<i- 
felicity,  or  beatitude  in  virtue.  1  he  Stoiaues,  or  Zenonifts,  whom  their  Matter  taught  in  3  Tufcui. 
a  Porch,  called  in  Greek.,  ro*,    and  thence  are  named  Stoiaues,   though  they  do  re  con- 
.  cinere,y  ct  verbis  do  dijcrepare,as  Tullie'%  words  are,with  the  Peripatetiaues ;  for  their  |u°c  Nat' de0" 
Beatitude  is  in  honefty.    from  both  thefe,  Epicurus  his  followers  with  him  differ-  for 
thefe  either  determined  it  to  reticle  in  pleafure,  as  reflecting  on  the  Garden  where  Epi- 
curus is  faidfirfl  to  principle  his  Clients,    according  to  Demetrius  Magnefuis  his  ac- 
count of  their  Inftitution;  or  in  exemption  from  forrow,and  a  vacuity  from  all  paffion, 
and  the  felicity  of  it.     Now,  though  I  fay  all  thefe,  ore  tenus,  did  differ  ■,  yet  in  the 
urrfhot  and  conclufion,  they  coincided ;  for  the  Stoiaues  honefty,    and  the  Epicureans 
pleafure,  is  but'in  other  words,  the  Peripatetiaues  virtue,  fince  the  one  and  other  ab- 
ftraded  from  virtue,  as  the  mean  and  rule  of  them  are  but  vana  f>  e  xilia  nihila  -,   and 
fo£f»V«r«jhimfelfis  quoted  by  our  Chancellour.    To  conclude,    nihil  cjfe  voluptw  Beara'vitaV  °; 
fumfine  virtute  ■,  and  (o  Porphyrins  Wmitcth  beatitude  and  felicity,  i  tIuu^wJXm,  &c.  f.  <ss. 
not  to  be  fafcinatinV  and  venereous  pleafure  that  inch  Ants  the  mind,  but  vrave  and  ferious  De  Vlta  p3r,hi- 
pleafure,  which  cmjijts  mpurcncjs  of  virtue :  rtu  %*i)tg.Ktn,QCC.  excrctjtng  ttfeifinjuft,  Hoiftein  imerp. 
good,andnecef[arf  alliens  of  life.     And  therefore  Philifcus  in  Dion,  mifcalculated  Bea- 
titude, while  he  made  it  to  be  in  a  found  body,and  an  avoidance  of  cares,  which  who- 
ever enjoys,  mfla.  r<t  mfiiivfcutitriav,  &c.  hat  the  fruit  of  all  felicity.     This,  I  fay, 
is  not  rightly  accented,  becaufe  it  terminated  felicity  to  a  felf-fruition,  andnot  to  any  oioni»  Hift. 
thing  without,  and  above  it,  which  Porphyry  rightly  called  conjunction,  which  its  An-  £,t',-cic«° 
thousand  the  Scriptures,  make  to  be  in  the  knowledge  of  God.    This  is  life  eternal,     " '  !'1%' 
to  know  thee  the  onelj  true  God,  andwhom  thou  haftfent  Jefus  Chrift,  and  in  the  enjoyment 
tfGodin  grace  and  glory.     Bleffedis  theman,  toVphemthc  Lord  impute  th  no   fin,  andin 
whofe  fpirit  t  here  is  no  guile.     There  is  God  enjoyed  by  his  potent  prcfence  in  the  foul, 
chafing  away  all  corruption  irconfiftent  with  him,  and  refining  the  foul  from  the  impu- 
rity of  its  lees  and  dregs.      And  they  /hall  be  with  me,  'that  where  I  am  ,    there  jh  all  they 
bealfo^  which  is  the  promife  of  Chrift  to  his,    as  their  compenfation  and  beatitude  -, 
which  is  the  fruition  of  them  in  glory.     For  fo  faid  the  Spirit,  Bleffed  are  the  dead,that 
die  in  the  Lord,    for  they  reft  from  their  labours  ,  and  their  Works  follow  them. 

VndefcEl*  UU,ut  dicit  Lconardus  Aretinus,  in  hoc  concordaverunt,  ejuodfola  virtus  eft 
ejua  felicitatem  operator. 

This  Authour,  Leonardus  Aretinus,    is  not  that  Florentine,  which  Pogeiut  fo  accla-  /"  Fafiicrio  r#- 
mates,in  the  Epiftle  he  writes  to  him  about  ferom  o(  Prague, but  one  of  the  fame  name  £™  %%%£. 
and  kindrcdvmuch  elder.    Pojfeuine,   and  Gefner,   make  no  mention  of  this  Authour  •  ,«*  fo.  "il"  * 
but  Drat:dius  does  to  his  infinite  advantage,  making  him  the  Authour  of  many  excel-   V'""*'™  *>&<>■ 
lent  Books  -,  amongfl:  which,  this  Ifagoge  here  quoted,  containing  ten  Books  on  Ari-  \Tw,xqi, 
ftetle  aA  Nichomach   is  not  the  leaft  worthy.  It  was,  Ifuppofe,    aManufcriptinour  iw^ii.tfrfiir, 
Text-Mafter  his  time ;  butabout16c7.it  was  printed  at  fean.     And  it  is  a  notable   ,i,IiI**- 
Difcourfc  of  Moral  Philofophy,  that  part  of  Philofophy  that  concerns  the  manners  of 
men.     Now  though  that  of  Seneca  be  true,    Non  auicauid  morale  e/tr,fo»os  mores  facit ;      zeiji.  m. 
yet  may  they  be  called  Morals,    cjua  ft  n*n  aperte  &  ftatimflcxu,  vel  fi.bfidio  aliam  ad 
boms  mores  dvcunt,  faith  Lipfius.  And  of  this  nature  are  Morals  in  Philofophy,  becaufe  m" '"  '"'""■ 

they 


do 


■K/f  ummfiB* 
difctpltnd   etna 
quxidm  difapU"* 
formuU.fdUlt, 
finJinm.  ratu  vi  ■ 
it.    Cici  De 
Orater. 
StS*  &  ruie 
vtts.     Cic  prt 
Cslio. 


Lactiius,^.  755. 
idit.  Colon. 

tut. 

Lacttius  in  Epi- 
CAto.f.  ifi.  tin. 
Colon.  1 61 6 

Gatt'ciliUiA- 
ihici.  Lib.  I. 
DeFxIic. 


In  rrocmie. 


{  De  Morib. 


»^MK  7*A©- 
7  4*4(2. 

5Metaphyf.c.i«, 

p.  IS6. 


ii  Commentary  upon  Fortes  cue. 

tiicy  do  componere  /tnimum^  as  natural  Philofophy  docs  fearch  into  caufes  of  things,  and 
rational  philofophy  difculs  the  propriety  of  words.and  ftrufture  of  Arguments.  Seneca 
in  his  89.  Epiftlegwes  us  a  large  account  of  philofophy,  and  the  contrariancy  of  Philo- 
fophersoneto  another,  in  ftating  and  differing  Philofophy  :  yethiscondulionis,cvr»- 
ft  rtrnm  ex  mturalip  arte  font,  argument*  ex  rationali,  atliones  ex  morali ;  fo  that 
Amine  writing  of  the  moral  part  of  Philofophy, had  unavoidably  to  do;  which  felicity, 
and  beatitude,as  the  end  of  all  man's  defire  and  tendency,  in  the  practice  of  virtue.  And 
that  which  he  is  quoted  for, as  coagulating  all  the  Sects  of  philofophers,  (and  Seels  de- 
noted habitus  animorutn  &  inflituta  Philofophica  circa  Difciplinam,  that  is,  additions  to 
a  particular  proteffion,according  to  the  reverence  men  have  of  him  that  inftitutes,  and 
as  chief  in  it  profefles  it )  all  thefe  Sects,  I  fay,  he  amafling,  as  it  were,  into  one 
term  of  expreflion,  declares  them  to  own  virtue  alone,  the  means  to  attain  felicity  - 
that  is,  in  other  words,  no  felicity  is  enjoyable  by  man,  but  in  a  ftate  of  reduction  of 
nature  to  its  primaeve  purity,  and  in  a  fubferviency  to  its  Maker,  in  all  thofe  actions 
wherein  his  pleafure  is  notified :  which  Seneca  words  more  elegantly  to  my  fenfe  then 
Ordinarily  -,  Vt  quanti  quidque  fit ,  judices ,  that  w*  rightly  under/land  what  every  thing 
is  ;  Vt  impetum  ad  ilia  capias  ordinaium,temperattimque  ,  that  is,  that  we  love  and 
hate,  ufe  and  not  ufe  it,  according  as  it  is  auxiliary,  or  obSlrutlive  to  our  end,  in  plcajing 
God  and  our  /elves.  Vt  inter  impetum  tuum  atlionemque  convenUt ,  ut  in  omnibus  iflis 
tibiipftconfintias,  that  is,  that  in  the  rife  t»,  and  aHion  of  our  virtue ,  ne  do  nothing  but 
what  is  rational  and  proportionable  to  our  being,  who  are  made  after  the  Image  of  God  on  our 
reasonable  foul.  This  is  truly  to  be  happy,  to  be  what  we  ought,  and  onelyfuch-,  all 
other  felicity  is  but  nominal,  it  l&trZ,  weab^  remifs  felicity,  but  a  Badgers  footed  feli- 
city, halting  before  the  beft  friend  it  hath  to  commend  it  •,  for  to  Epicurus  concludes, 
eu  $  ifilai  tJ,  &c.  all  virtue  con/iSls  in  pleafurt,and  to  live  delightfully, is  tobe  happy. 

So  that  all  Sects  of  Learning  and  Wifdom,  though  diverfly  denominated  ,  as  thofe 
from  the  place  of  their  birth,or  firft  appearing •  as  the  Elicnfes,  Megarenfes,  Ere- 
trici,Cjrenaici ;  or  of  their  teaching  and  Inftitutor's  School,  as  the  Academics,  and 
Stotcjues  -,  or  from  guifes  and  accidents,as  the  Peripatetiq ues  -,  or  from  reproaches,  as 
the  Cyniques  •,  or  from  effects,  as  the  Eudemonici  ■,  or  from  their  heighth  and  pride,as 
the  */a*am£w(  :  From  the  nature  of  their  Writings,  and  names  of  their  Mailers,  at 
the  SoerAtifis,  and  Epicureans.  Thefe,  and  all  other  Scds  of  them  recited  by  Laer- 
tim,  yet  do  all  make  up  an  harmonious  fuffrage,  that  virtue  onely  operates  felicity. 
And  this  ^r^waflenting  to,  and  corroborating,  is  here  quoted  by  our  Authour  ,  in 
the  following  words. 

f%uo  &  Philoftphus  ,    7  Politic,  felicitntem  definiens  dkit ,  quid  ipfa  efi  perfect  us 
ufus  virt'utum; 

This  definition  of  Ariftotle,  is  the  fame  with  what  he  fays  otherwhere;  fordif- 
courfing  of  felicity,  and  aggravating  the  glory  and  luftre  of  it,  he  fays  it  is  termed  by 
fome  n'otnait ;  by  others  empia.  This,  or  that  excellent  endowment,  as  Prudence, 
Wifdom,  Beamy  ^  Strength,  Riches,  Friends,  which  were  but  flips  from,  and  diminu- 
tives of  it-,  but  he  concludes  it,  <x*»a  a'ptw  Hk  dftjil,  that  it  was  a  concentration 
of  them  all  in  their  end,  and  nobleft  refolution ,  and  an  arrival  at  that  which  was  the 
met*  ultima,  ultra  quodnon:  And  hereupon  he  concludes  it,  titi-mt  »  hat  avrhuinp- 
yn&,  theperfetlenjtymentofthecnd,  and  that  per ft 'illy.  Now  in  that  he  calls  felicity 
the  perfect  ufe  of  virtue,  he  means,  that  virtue  is  the  means  to  it,  and  then  is  perfect, 
when  it  has  its  end  for  which  it  was  defigned,  and  to  which  end  it  is  the  vehiculation : 
So  that  felicity  being  the  perfect  ufe  of  virtue,  argues  its  end  in  that  endlefs  beati- 
tude, which  we  living  having  not,  cannot  be  properly  faid  to  have  the  perfect  ufe  of 
virtue  ■,  yet  comparatively  we  may,  as  we  are  laid  by  others,  who  are  lefs  virtuous  • 
and  fo  Heathens  that  know  not  God,  lodging  Beatitude  in  thefe  inferiour  accomplifh- 
mcnts,to  any  remarkable  degree  obtained  .above  the  vulgar  account,  that  perfects  vir- 
tue which  is  by  them  cxprefTed.bo  the  Philofopher  calls  that  per- 
fect, «  uu»  'In  '«£«  77  A«i8«f  ;  to  which  there  is  nothing  to  be  expe^ 
tied  addable,  becaufe  virtue  is  perfe&ion  it  [elf.  This  is  their  notion 
of  perfeift  ufe  of  virtue, when  a  man  is  fo  affueted  to  virtue,  and  ha» 
fuchaconqueftoverhispaflionsofallforts,  that  he  can  conform 
himfelf  to  his  exa<ft  duty,and  neither  defire  more  then  he  has,  nor 

fear 


S  Metaf>hjrf.  c.\i.  p.ttf. 
VirlHi  preprii  dilfa  tSt  Imtilm  ctmfitum  />». 
ttnlitm  in  y.tumo  grtdu  ptrfiRiimi  fno  acini 
dtbiiHi,  Atiafoniusi'n  StnSum  Them. At- 
tics .Dt  vimttfidti  Exp'ic.Text.  p.  1 10. 


A  Commentary  upon  Fortes  cue. 


6t 


la  Lit/,    De  Ml- 
giacioae    Abra- 


fear  more  then  he  ought,  nor  endeavour  to  do  otherwife  to  God,Man,  or  himfelf,  then 
as  perfeft  virtue  limits.  This  is  ihe  perfetfus  ufusvirtutum,  which  Saint  Paul  tranflates 
into  carrying  a  Conference  viid  of  'offence  both  towards  God, and  towards  man.  But  Saint 
iWs  definition  of  it,  tranfeendmg  the  Heathen's  notion,  is  not  to  be  infilled  on  as 
Ariftotle'%  meaning,  which  went  no  further,  then  that  before-mentioned.  More  of 
this  might  be  added  out  of  Durand,  «y«*rra,,Saint  Thomas,  and  Arragonius,  and  Aurc- 
lius  onhim:  Alfo  from  Scotus  ,  Parifienfis,  Turrecremata,  and  others  the  School- 
men, who  have  treated  of  perfeft  virtue,  and  the  ufe  of  it.  But  I  refer  the  Reader  to 
them,  avoiding  the  fuperfluicy  of  quoting  them  here,  and  concluding  with  that  of  >»»"",*.  j»* 
Philo,  that  God  doing  all  things  like  himfelf  in  weight  and  meafure ,  %t;y£fl<u  rdt 
JTraxfljK ,  &C  indulges  his  Creature  nothing  defective  beneath  perfect,  though  not  in  the  ab- 
foluti  andexael  all,  yet  in  fuch  degrees  as  he  accepts  perfect.  And  thus  Noah,  Daniel, 
^£,and  others  have  l>een  accounted  perfeft  by  him,and  been  blefTed,in  fuch  the  perfeft 
ufe  of  virtue,from  him. 

Hs  jam  prtjuppofitis  confiderare  te  vole,  etiam  ea  cju<t  [etjuuntttr  leges  humane,  non 
aHndfunt  ejuamregultcfnibus  perfecle  jufiitia  edocetur.~\  This  is  to  fet  forth,  that  as 
beatitude  is  attainable  by  virtue,  fo  virtue  is  by  knowledge  of  the  Law  :  And  as  all 
virtue,  fo  that,  which  though  inclufively,  is  general  •,  yet ,  in  common  underitanding, 
one  particular  Juftice.  This  the  Law  inclines  to,  and  teaches  a  Prince  fo  the  method  of, 
as  nothing  elfe  befides  it  can,  or  does.  For  Laws  being  the  wifdom  of  Ages,  and  men 
having  fuch  additions,  and  fubftrafttons ,  as  make  their  compilements  fymmetrious  to 
their  end,muft  needs  be  the  moft  faithinl,  and  unerring  Counfellours,  which  hascaufed 
Monarch*,  in  power  and  wifdom,  to  dye  for  Laws,  and  the  iriru*.  »3»,  as  well  as  for 
Religion,  becaufe  Religion  and  they,  direftingoneruleof  Juftice  equally,  call  for  cou- 
rage and  conftancy  in  mens  obfervance  of  them.  Now,  though  it  were  too  bold  a  con- 
fidence, for  any  one  to  arrogate  this  rule  of  perfeft  juftice  to  any  fingle  body  of  hu- 
mane Law  ^  yet  it  i$  well-befeeming  a  fober  man,  to  own  the  Chancellour  in  his  vin- 
dication of  humane  Laws  as  fuch  •  becaufe  fome,  or  other  Laws  of  men,  dofupply 
what  others  wan: ,  and  fo  amongft  them,    while  yet  they  are  together,  but.  human*  ) 

leges,  do  notwithstanding  perfecle  juftitiam  edocere.     For  fince  the  Rule  of  Juftice  with 
men,  is.  b;Laws  of  their  Government,  and  thetopiqueCuftomsofthe  place  of  their 
being  ,  and  thofc  are  knowable  by  ftudy  and  practice,  and  the  knowledge  of  them  in 
bo:h  kind,  is  the  perfefteft  acquifition,our  nature  is  capable  of.     In  the  fame  fenfe  they 
may  perfectly  be  known,  may  they  be  accounted  perfeft  Rules  of  virtue  •,  fince  the  vir- 
tue perfefted  in  us  by  the  Law,  is  but  a  conformity  in  praftice  to  the  fpeculation  we  have 
of  it.     And  hence  it  is,  that,  as  in  common  fpeech,  we  call  that  a  perfeft  Copy,  which 
is  verbatim  to  the  original ;    and  that  a  perfeft  Child  which  has  all  the  integral  parts, 
and  that  a  perfeft  book  which  has  no  leaves  torn  out :  fo  the  Law  may  be  taken  for  a 
perfeft  Miftrifs  of  Juftice,  when  it  gives,  y^a  to  wim),  Rules  for  fufiice,  andisasinde- 
feftuous  in  it,  as  integrity  of  method  and  prudence,  equity  and  exaftnefs,  compofed  by 
man,and  generally  approved  by  experience,  can  arrive  at  ■,   which  Budaus  well  expref- 
fes,    SLl°d  in  legibus,fenatus  ctnfultis,  rebus  judlcatis,juris  peritorum  authoritatt,  editlis 
Magift  rat -turn, more,  aquitatcconfiBit,  &c.  This  is  the  rather  to  be  infifted  on  warily, 
becaufe  all  Laws,  like  all  Law- makers,  arc  not  always  fach  as  virtue  requires.  Nay.no 
Laws  or  men,  how  tranfcender.t  foever,  are  either  in  their  prefent  times  fo  well  balan- 
ced, or  againft  the  necefficy  of  emergent  changes  and  accidences,  fo  omnifciently  pro- 
vided for:    but  there  will  need  fome  either  abolition  of,  or  mitigation  from,  or  decla- 
ration about  them,  and  their  fenfes  in  them.    Conftantine  was  a  brave  man,  and  inten- 
ded fplendidly,in  building  anew,as  to  the  Laws  and  Polity  of'tt,Con(lantinople.No  doubt 
but  he  had  aji  the  thoughts  of  perpetuity  in  his  head  imaginable,  and  refolved  to  live  in 
the  glorious  memorial  of  that  juftly  ordered  Government,  which  in  the  memorial  ofhis 
name,  did,  in  a  fort,  immortalize  him  :     yet  Ignatius  remembers  us,  multas  leges  ro- 
gavit  ,quafdam  ex  bono  &  tquo,  pUraftjue  fuperflnas,    nonnullafquc  feveras  ,  frimxfquc 
urbem  nominis fid  adt.:ntumfa(tigium  evthere  molitus  eft,   ut  Romac  urn u lam  facer et. 
And  Groti»s,  that  memorable  man,  then  whom,  1  think,  few  have  been  more  profi- 
tably learned,  acknowledges  fome  Laws  imperial  are  not  j'uft  •,  as  that  of  wrecks  at  Sea, 
Nulla,  tnim  prteedente  probab.li  caufa,  dominium  fttum  alicui  auferre  mera  injufiitia  efit 
iaitb  he :  yei,  he  further  fhews,  that  the  Heathens  abominated  any  thing  like  this,  that 

CL,  men 


In  Pindeft.  *«• 
orcs,f.i9.  tiit. 
Baffl. 


Lib.  10.  DeCon- 

ftamino. 


6z 


]«f.  Belli.  &fa- 
u/./it.j.  c  7. 
f'7S. 

Brechxu*  ad  It- 
gim.il.  Lit.  De 
Vcrboruw  figni- 
ficaiione.f.m. 
Zj*.  i.f.%17. 
Budcus  in  Fand. 
f.i%S.tdit.  Bad. 
Euftaihius  <» 
i  Iliad. 


L'pfuis  11    .V»/i» 
ad  ficundmm.fo  - 
litir.  Tom.  1. 
Oper./i.  no. 


£<i.  i.De  Vera 
Jurifprud.  1rV.11. 

TttguU  tfl  flari- 
urn  rtrum  csmptn- 
dit/ft  narration* 
falla  tratUtio. 
Glols.wTit.  3. 
Digeft.  Delegi- 
bus   Senatufque 
conrultis,f.7+. 


Ltt.i.  De  Lefib. 


In  11  c*lil>.  19 
SanRi  ^iugHfli'ii. 
Dc  Civit  Dei. 


Paoinianut./ii.l. 
Define  e.i.  Di- 
gtft.  '//.I.W.J. 

I.ii>.+.DeBenefic. 
«.  11.   " 


£?.  71. 


£"'*.  7-  De  tefto  • 
lio  oaere. 


A  Commentary  upon  Fortescue. 

men  fhould  lofe  their  lives  and  goods  for  fubmitting  to  God,  who  caufes ,  and  allays 
winds  and  ftorras  at  his  pleafure.  Alike  hard,  not  to  fay  unjuft,  they  thought  thofc 
Laws  of  the  Nations,  that  panifhed  Children  for  their  Fathers  crimes  ,  wh;di  God 
Interdicts  in  Ifrael,  as  Ethn.que,  and  irrational ,  laying,  The  Stnjhall  not  bear  the  ini- 
quity of  the  Father-,  nor the  Father  of the  Son,  but  the  foul  that  fmneth,  it  P  all  die.  The 
like  iniuftice  was  uithe  Laws  of  the  Per  fans,  and  Macedonians ,  vowing  their  Neigh- 
bours heads  in  facrifice :  Thefe,  JWrtj/ta.Laws  made  by  menjike  the  Poets,  At  a  sffen- 
ftonis  &nox*  contubernalu,  Jcu^nir  tt,  for  her  enmity  and  fpight,  as  it  were,  to  Man- 
kind.TAa';?*/  ir6fd*«f ,asfhe  is  fet  forth  diulc-like,(«Tt)  i  JiifaKQ-  i  <tt1,y.tllatr&)huh 
Suidas.l  fay,  Laws  fo  made,  are  not  probable  to  have  any  reftitude  in  them  •  and  there- 
fore the  Statute  of  1  M.tSeb.c.  1  .cenfures  and  repeals  thofe  Statutes  of^sf/.  B.c.Z2. 
28  H.  8.  c.  7.  for  though  Laws  they  were,becaufc  the  elkblifhments  of  Power  ■,  yet  juft 
Laws  they  were  not,  miftaken  and  mif- named  Laws  onely  Coufin-germans  to  thofe  of 
Nebuchadnezzar, Dan.iu.  which  made  denial  to  worfhip  the  Image  he  idolatroufly  fee 
up  capital,  Laws  chey  may  be,  and  thofe  accepted  by  great  and  wife  Nations,  as  the  Sa- 
/djwLawsare^but  yet  hard,and  againft  the  opinion  of  Nations^yeajdetermination  ofcW 
in  Zelophrhad's  Daughters  cafes ;  yea,  and  againft  the  experience  of  Females  fit  to  rule, 
where  righced  to  it  ;  witnefs  (^Elizabeth,  and  witnefs  the  judgment  of  our  (late  and 
Law,  which  eftabiifhes  the  Crown  on  the  Heirs  Female  of  our  Kings/or  want  of  Male, 
1  Q.Mary,  the  fecond  Pari.  c.  1  .Thefe,  and  the  like  Laws,  may  be  unjuft,and  therefore 
are  not  rtgula.qmbus  perfect  c  jxftitia  edocetur,  but  injuries  to  Governments,  and  unjuft 
Ufurpajions  upon  the  reafons  of  the  Subjects  to  be  governed,  £lui  leges  injufias  con* 
ftituit,  non  Dtijedfus  ore  loqui  dieitur,fuis  niti  inventionibus ,  ex  ambitionis,  libidinis, 
avarititfontibns  dtduilis eujufmedifunt  omnes  leges Tjrannorum,  &  Hjpoeritarum,  qua 
non  adjuftitiam  in  Rempub.  indacendam,  fed  ad  opinatum,  &  falfum  commodum  eorjtm 
qui  i/l.ts  condunt,  diriguntur,  faith  Hop perns.. 

Which  confidered,  our  Chancellours  (hafts  againft  this  inconvenience  and  mifchief, 
are  not  fhot  at  random,  but  prudently  levelled  at  the  mark  he  aims  at ;  fatisfaftion  of 
the  Prince,  that  the  Law,  as  ars  aeui  eft  boni,  is  the  beft  and  faieft  difcipline  of  admini- 
ftrative  virtue.  And  hence  is  it,  that  he  calls  Laws,  Rules:  now  Rules  do  not  in- 
cline to  things,  but  things  conform  to  Rules  ^  becaufe  there  is  no  ametry  m  Rules, 
but  a  fixed  and  exaft  reftitude  ,  Rales  being  truth  adapted  to  ends  of  ufe ,  and 
tracks,  according  to  Wifdoms  difcovery  of  her  felf,  in  the  praftiques  of  Sciences  arid 
Myfteries :  fo  the  Laws,  as  Rules,  are  not  to  condefcend  to  mens  mutable  humours,  but 
to  retain  their  ma jefty,and  immobility,  as  Rules  do ,  and  ought  ■,  allowing  always  Rea- 
fon  and  Magiftracy  regent  in  it,  liberty,  in  Ileitis  &  huneftis,  to  alter,  as  Prudence  ad- 
vifes,  and  Providence,  in  affairs,  (hall  over-rule  them. 

While  then  Laws  are  Rules,  and  fuch  as  do  perfette  jttfiitiam  edocere,  they  muft  be  of 
high  defcent ,  From  the  Father  of  Lights,  larded  with  virtue  and  wifdom.in  every  pare 
and  nook  of  them :  not  framed,  as  if  Epicurus  were  their  Patron  ,  who  taught,  that 
nothing  was  \cA,fahnaturkfedmetu  :  or  according  to  Thrafimachas  his  latitude, 
whom  Plato  brings  in,  aflerting  that  to  be  right,  which  is  pleafing  to  the  chief  Power  j 
but  underftood,  as  S*l{  itiut  intended,  whom  Tullj  reports  to  have  referred  all  things, 
adtojuitatemfacilitare'/ntjHe,  and  as  the  anient  Lawyers  direfted  their  learning,  Tol- 
Lre  ccntroverfias  nun  conilituere.  And  that  purely,^  pax,  &  inter  homines, &  in  unites, 
CHJnfqtte  fervetur  animo,  quit  nil  majus  natura  ipjagandet,  faith  Vives. 

And  good  reafon  there  is,  that  the  Law  fhould  be  a  Rule,  by  which  virtue  is  io  per- 
fectly taught,  fince  it  has  all  that  can  go  to  make  a  Rule,fuch  as  it  ought.and  is  pretend- 
ed to  be,  menfura  aqui  &  boni :  For  befides  its  influence  from  God,  Papinian  in  his  de- 
finition of  it,  Lex  eft  commune  praeept urn,  virorum  prud'ntiam  cenfitltum,  delillorum 
<ju&fpontc,velignorantiacontrahrtnt!>r,coercitio,  (ommmis  Keiprbl.  fponfic.  I  fay,  in 
this,  he  has  publifhed  thedefertsofthe  Law  to  be  received  for  a  Rule.  For  befides 
that  Senea  in  thenameofall  wife  men,  calls  the  Law,  jnfti  injtftique  regula  ■,  and 
writing  of  honefty,  fays,  Hoc  nee  remitti  nee  intendi  poftc,  non  m.gis  qnkm  regulam,  qui 
rettum  probari.  folet,quam  ft  fleEtes, quit  quid  ex  ilia  mutaveri',  injuria  eft  retti,  Paffing 
by  this,  the  Rule  has  profit,  firmnefs,  and  delight  in  it,  which  makes  is  accommodate  to 
every  Artift,  and  to  every  perfon  that  is  concerned  in  it.  And  hence,  as  Vitruvius  pb£ 
ferves,   the  Rule  in  every  part  of  Architecture,  though  he  reduces  lengths  ad  I, neon* 


<*5 


•E/.loJ. 


Pr«Murma,  t. 


Lib.t.  DeFinib. 
»7- 


Lib  Dc  Venjo- 
Jilpiud  z.  tit.  3. 


^Commentary  upon  Fortes  cue. 

&  regulam  -,  heights  ad  perpendkulum  ;  and  corners,  ad  normam,  and  refpond  they 
all  muft  to  thefc,  or  elfe  there  is  not  juft  menfuration.  So  does  our  Chancellour,  in 
terming  the  Law  a  Rule,  refer  perfeft  virtue  to  it,  as  well  to  be  gain'd  by,  as  prote- 
cted in  it.  Nor  is  there  any  virtue  learnable  by  any  man,  but  what  the  Law  can,  and 
will  teach  him,   if  he  will  hear,  and  obey  it. 

And  as  Demofthenes,  whom  F liny  ftiles,  iUe  norma  Oratoris  &  regula,hid  not  been 
an  Orator  (o  eminent  ■,  nor  at  all,  if  he  had  not  conformed  norma  loquendi.  Nor  he, 
in  Tuilj  ,a  good  man ,  had  he  not  refolved,  Dirigere  vitam  ad  nor  mam  ratumis.  So  can- 
not the  Prince  be,  what  he  ought  in  charity  to  be ;  good  to  his  own  foul,  nififervatfr 
ills,  qua  qnafi  delapfa  de  caleeft,  adcognitiontm  omnium  regulk,  ad  quam  omnia  judicia 
rert.m  dirigentur  -,  as  Ttillj  fmartly. 

Which  confidercd,  no  wonder  though  the  Chancellour  make  Juftice  that  is  in  man's 
Law ,  infeparable  from  the  Law  •,  becaufe  God,  the  Fountain  of  it,  has  inftru&ed , 
and  commanded  man  in  place  and  power  under  him,  to  promote  and  practice  it,  as  that 
which  is  a  Ray  of  him,  and  raifed  by  him  to  an  elleem,  as  the  Architc&onique  Virtue 
that  includes  all  others  ,  fince  Confequens,es~l  ut  qui  ad  legem  ft  applicet,  fufiitia  quoque 
eadem  opera  adharefcat,  nam fecundum  regulos  Geometrical  quacunque  um\  &  eidem 
funt  aqualia,  inter  fe  funt  aqualia,  faith  Hopperus. 

Juftitia  vera  quam  leges  revelant,non  ell  iUa  qua  eommutativa,  vel  difiributiva  vaca- 
tur,  fen  alia  quavis  particulars  virtus,  fed  efi  virtus  perfetta,  qua  juftitia  lega- 
lis  nomine  defignatnr. 

Here  our  Mafler  difclaims  that  narrow  fenfe  of  Juftice,  which  miftake  may  impofe 
upon  him,  and  lays  claim  to  the  latitude  of  Juftice,  as  that  which  is  in,  and  teaches  men, 
from  the  Law,  the  practice  of  it.  And  this  the  better  to  obtain,  he  premifes,  that  Ju- 
ftice, as  it  is  in  fente,  and  effentially  in  God,  is  like  God  hirofelf  infcrutable,  having  the 
vail  ofinacceffible  glory  before  it,  and  dazling  mortal  eyes  to  aninpercepsionofit  j 
which  yet,  through  the  mediation  of  the  Laws  compofed  by  wife  men,  and  worded  apt- 
ly to  ordinary  capacity,  is  in  fuch  a  meafure  revcaled,as  it  may  be  learned  in  fome  com- 
petent meafore  by  them.  And  this  adds  much  to  the  renown  of  the  Law,  thatitdif- 
eovers  fo  excellent  a  Jewel,  as  harmonizes  the  World  ,  and  keeps  it  in  any  tolerable 
Concord  ,  which  becaufe  Juftice  does,  'twill  be  pertinent  here  to  write  fomewhat  addi- 
tional, to  what  is  before  delivered  of  her. 

Juf!lce>,  either  is  confiderable  alone,  as  one  of  the  Virtues,  or  as  complex,  and  inclu- 
ding all  virtues  in  ber.  In  the  firft  fenfe,  my  Tcxt-K'after  intends  her  not  here  -,  nor 
(hall  i  in  that  here  inlarge  on  it :  but  as  fhe  is  the  Leflbn  ,  that  the  Law  learns  both 
Prirce  and  People  h  fo  fhe  is  to  be  acknowledged  fummarily  all  virtue.  The  Schools 
define  Juftice  to  be  retlitudo  impretfa  voluntAti  a  rtUitudine  rationis  qua  dicitur  Veritas  , 
and  vaft  difpures  they  have  about  her :  yet  all  agree,  that  fhe  » the  Aurora  of  all  Perfe- 
dion$,arrended  by  fuch  an  equipage,as  no  Monarch  beneath  Jehovah  has.  For  if  Sole 
men  in  all  his  Royalty,  be  not  doathed  like  a  tender  and  trite  Lilly  of  the  Field,  which 
every  eye  may  look  upon.till  it  have  looked  it  felf  into  darknefs^  and  every  hand  touch, 
till  it  hath  defloured  its  gIo;y,and  withered  into  deformity :  How  unlike,  in  the  pomp 
and  grandeur  of  their  Train  ,are  Solomon's  Peers  to  this  his  peerlefs  Miftrifs  that  is  to 
them. 

Tanquam  inter  ftellat  luna  minor es. 

Tttlly  makes  fix  Virtues  to  attend  the  Train  of  Juftice,  Macrtbius  feven,    Androni-  Lib   De  Motib 

tus  nine,  Arifictle  and  Theogins  all  virtues,  &  rh  £  i-n'p*»v,«  tIw  IkUu  *(*}Lu,  &c.  Xe-  ,.',  &  5? 

nophon  fays    the  fame,    calling  it,   fuyir'n  -nyj*,  &c.     The  greatcft  Art  the  guetn  w-*\Defta&' 

•/  all    excellent  Virtues  ,      PJus  the  Pythagorean,  as  I  find  him  in  Stobaus ,    is  fo  £.        Socra' 

ifported  with  i; ,   that  he  calls  it  igfuvU  ,   and  adds  no  man,    without  it  can  ■?«*>•  *i»r.ui, 

be  accounted   wife  or  nrpnanimous.     plato  makes  it  fo  beloved  of  the  gods,    that  1'f  I0  De  a„. 

bfhU  condition  nrver  o  diftrefed,    theyviB  never  for fakf  him  alive  or  dead,  becaufe  he  it  publ. 
nfefxltothi  P:  biiuf ..  id  fo  Hkj  the  gods  themfelves.    EpiQtttu  makes  the  fame  account 

ofit,  ' '*<,t*>h(n<T.<*&.&c.  every  place  ufafe,where  a  juft  man  lodges.    Infinite  to  **—*+*<*• 
this  purrxfe  are  the  accounts  might  begiven  of  the  Encomiums  of  fuftiei :    but  thofe 

arc 


SmBui  Thorn. 
fnm*ficmi*, 
9«o.  *tt.\.  O. 
Lcflius   Dc  lu- 
ftit.  8c  Jure. 


6\ 


Aug.fifuj'.De  ci- 
»it  Dei. 
Budzu;.   ix 
Fandert.  f.JU 
titt.  Bilil. 


Me;hoJiui. 


Lit.  i.  Com.  Ju- 
ris Civilis.t.ij. 


Dion.Cafs.  Hifl. 
lit  44./I.1  J«. 
Tartu  (rim*, 
p.  Il«. 


A  Commentary  upon  Fortes  cue. 

are  but  tinfel  Clicking*  to  the  glorious  tyres,  and  invaluable  orpaments,  Scripture  puts 
on  her,  f.ifUce  u  the  habitation  of  God's  Throne,  the  exemplification  of  his  ejfentiul  Afu- 
gnitude,  and  iHuftricitj  to  us.  The  Lord  is  known  by  the  judgment  he  executeth.  Juftice 
is  the  whole  duty  of  man,  and  that  wLch  prepares  him  for  every  good,  againft  every 
evil :  'tis  the  Eftablifher  of  Thrones,the  credit  of  Weights  and  Mcafurcs,  thefweetner 
of  Crofles,  Zmmjt  4" jr»«  *i*tv>p<t,  as  Saint  chryfftome  notes  it ;  yea,  that  winch  is 
"H$i.yv,@-  T*»1o3t»  in  it)  o/Miit,  round  every  way,  univerfally  the  fame  at  all  times,  and 
to  all  perfins, according  to  the  differences  of  circum fiances, which  are  to  be  taken  in,  in  exer- 
citial  Juftice.  So  that  the  Laws  of  Nations  being  artes  aqui  &  £o»i,and  adminiftring  to 
People  under  the  regency  of  them,  fuch  juft  proportions  of  punifhment  and  reward 
good inftrnction,  and feafonable prevention,  in  good  and  evil;  and  being ftraight , 
certain, fafe,ufeful  rules  of  life,  both  in  the  ruling,  and  ruled  parts  of  Societies,  and  the 
tropiques  upon  which  Communities  are  harmonioufly  managed  ,  they  may,  in  very 
r^glu,  be  allowed  Weight,  according  to  our  Text  -Matter's  Ballance,  in  thofe  words, 
uibuspcrfeelc  ju/titia  edocetur.     For  fo  DcneUus  alfo  afferts  them,  in  the  intendment 


offiis  words,  and  in  thatfenfe  which  Wife-  men  difpenfe  themin, ftquamur  potiut  quod 
juftum  &  dcjuum  qndm  quod  ftrillum  eft,  quod  ftriilum  jus  nihil habet  auUeris  prater 
verba,  effcit  ut  ft  maxime  contra  ejus  fententiam  &  voluhtatem,  at  vero  fententia  non 
verbis  aft ringenda  eft,  fed  verba  potius  fententia,  atque  adee  aquitati  fervire^debent,  qudm 
fervari,  eft  ex  mente  legls  ;  and  that  the  performance  of  this  is  a  neceflary  part  of  the 
Laws  Juftice,  Salmuth  upon  Pancirel,  doth  in  many  examples,  and  by  fundry  authori- 
ties, make  good.  This  fhall  fuffice,  for  what  our  Chancellour,  out  of  Leonardus  Are- 
tinus,  Homer,  and  Ariftotle  quotes,  to  the  phrafe  of  Juftice,  as  it  is  the  Parent  of  all 
other  Virtue  ■,  and  particularly  the  Prerogative,  and  Royal  Embelifhment  of  Kings:  lor 
fo  it  follows. 


Euryp'td.  in  A'c- 
mxo.m  Stebxus, 


S'.obaul,  Strm. 


Cerda  in  vh* 
Vitgilii. 


In  Panegyt. 


ttlon.Cars.  Wfi. 

/«.5!.ps"s7-"'"' 
Leunclavii. 


Juftitia  vero  h*e,fubjcBum  eft  omnis  regalis  curt,qusftne  M*  Rex  juft  c  non  jadicat.nec 
retti  fngnart  poteft. 

In  this  fentence  ,    our  Maftcr  applyes  Juftice  to  the  King ,   as  the  Rudder  that  muft 
move  and  actuate  him  that  is  the  Mover  and  Spirit  of  all  his  Government  :    For  in  Go- 
vernment,   the  King  and  the  Law,   though  two  in  number,  yet  are  but  or.e  in  nature, 
both  making  but  one  Head  •  which  Head,  our  Authour  fays,  ought  to  be  filled  with  no 
Proclamations  but  Juftice,and  the  care  of  it.    Care  did  I  fay,   yes  to  purpofe  ■,  Princes 
find  it  fo,  that  rule  well  and  juftly,    4<iC  <p<L  -m  (uyLhct,  tu-yLha.  k,  *£.%<*  wj, :    Oh  !  the 
tortures  and  troubles  of  Crowns!    what  anxious  thoughts,  what  difconipofcd  p!ea- 
fures,  what  Earth-quakes  of  popular  murmure  and  infolence,    does  greatnefs  totter 
upon?  Antigonus  had  fo  mur'..  of  it,  that  on  a  day,when  a  poor  Woman  admired  him  for 
his  Diadem  and  Purple  Robe-  he  cryed  out  to  her,  0  Mother,  if  thou  kneweft  the  guilt 
and  trouble  of  thefe,  ix.d*'fm  x.oiy>i*(,    &c.   that  is  ,  thou  Would' ft  not  take  it  up  from  the 
ground,  if  there  it  lay,  and  thou  may  ft  have  it  for  taking  up,    the  charge  attends  it.     In- 
deed, did  people  know  how  real  defervers  Princes  are  of  their  duties,    what  laborious 
Bees  they  arc  to  bring  them  the  honey  of  peace ;    what  Clouds  of  plenty  they  are,  and 
all  to  difgorge  their  Tributes  and  Cuftoms   in  protection  and  orderly  government  of 
them,  they  would  make  more  Confcience  of  duty  to  them  then  now  they  do.   Efl  tnim 
ea  hominum  conditio,    ut  ft  quando  juftum  Rcgem  nattifunt  velint  potisti  iUifubdi  quant 
ejfe  liberi,   etiamft  Rex  hie  fit  Tjrannus ,    quare  Dominari  te  &  ttbi  Orbi  conducit,   was 
Virgil's  counfel  to  Auguflus,  wen  he  was  in  a  quandary,  whether  to  hold,  or  refign  the 
Empire.     For  what  Pliny  faid  to  one  is  here  true ,   Par  ins  tibi  imperistm  dedit,    tu  Hit 
reddidifti,  ultro  dantemobligaffi,  communicate  enim  imperio  fo/icitiortu,    illc  feenrior  ft- 
Uus  eft.     People  have  more  from  Princes,  in  care  and  vigilance ,  for,   and  over  them , 
then  Princes  have  from  people,  in  tributes  and  perquifites  of  their  Crown,  which  they 
carefully  wear,  to  thofe  purpofes  of  publique  good.     Which  confidered,  that  fpeech  of 
Auguftus  to  hi?  Livia ,  ih  yj,p  \hd'%&v,  &C.   who  woman  can  be  quiet  a  mement,  who  hot 
fo  many  and  great  Enemies  within  this  Government,  &C  is  but  what  all  Kings  and  Chiers 
do  in  their  minds  fpeak, .  and  have  too  juft  caufe  to  bemoan  ■,    as  that  which  makes  them 
fometimes  neceffarily  ad,  what  they  do  not  applaud,  as  exactly  juft.     What  then  they 
do  bcfides  the  Rule,  and.  beyond  Juftice,    lycson  them  toanfwer  to  God;  for  their 

Square 


A  Commentary  upon  Fortes  cue. 

fquare  and  cether  is  Juftice  thats  the  oncly  tub  jeft  matter  that  Regality  fhould  expreft 
care  in ;  and  that  done,  fecurity  will  flow  in  upon  King  and  Kingdom.  For  to  promote 
this  there  is  a  kinde  of  neceflity   in  a  Prince  to  take  this  glorious  Mancipation  on  him. 
And  did  not  God  kindle  ambitions  of  glory,  by  publick  benefkencies  in  great  mindes, 
they  would  never  deny  themfelves  the  delights  of  private  living,    to  take  the  envy  and 
murmure  of  Government  and  Rule  upon  them^    for  when  Subje&s  fleep,   Princes 
wake  •  when  they  eat  and  drink  to  freedom,   Princes  are  to  keep  cool  heads,  that  they 
may  be  ripe  and  ready  in  counfel  and  action  •,    when  they  love  and  marry  whom  they 
pleafe,  Princes  are,  and  muft:  be  bound  up  by  Reafon  of  State,  and  marry  to  their  bed 
lntereft,  and  ftrongeft  Allyance  •    when  they  command  hours  for  private  devotions,and 
hug  their  pillows  as  their  eafe,  calling  offcare  with  their  cloaths  ^  Princes  are  matters  of 
no  privacies  v  hurried  they  are  up  and  down  in  the  day,  and    perplexed  in  the  night 
with  myriads  of  thoug!its,tumultuating  one  upon  another  •,    every  fhadow  prefents  fu- 
fpition  and  fear  to  them.     And  they  knowing  not  what  a  moment  may  bring  forth,  are 
in  no  moment  hereby  quiet :  when  they  fee  a  Subjeft  popular  and  wife,  they  fear  his 
difcontent,difaffe<ftion,  and  the  fruits  of  it  Rebellion  :    When    they  hear  of  Multi- 
tudes querulous,  and  parties  among  the  people  ,   their  prudence  aims  to  head  none  of 
them  i  but  to  ballance  them  both,  fo  that  neither  may  have  the  advantage  of  other,  but 
the  Law  regulate  both.     When  they  obferve  Princes    their  Neighbours ,  in  warlike 
paradoe,  they  muft  arm  too,  that  the  noife  of  their  vigilance  and  preparation,  may  pre- 
vent what  is  malevolently  defigned  from  abroad  againlt  them.     And  when  their  own 
Subject  are  in    Arms,  they  take  care,  left  they  fhould  not  be  diftributed  into  their 
firft  particles  without  inconvenience.    When  they  are  to  court  Forreign  Favourites, 
they  are  dubious  to  truft,  where  they  have  not  tryed,  and  found  fidelity  •  and  when 
their  way  is  made,  then  their  care  is  to  improve  by  fubtilty,  what  prudently  they  have 
gained.     For  not  to  proceed  wifely   in  what  is  begun  ,   is  to  retrograde  in  publique 
reputation  ■     and  to  proceed  fafter  then  the  good  fpeed  of  Affairs  diftates,  is  to  be 
lcfsadvifed  then  Princesoughttobe.     When  Affairs  are  on  foot,    they  muft  be  Cup- 
plyedwith  Inftru&ions,  money  and  all  other  neceflaries  ■,  and  when  they  are  brought 
to  their  growth  and  birth,  then  the  cafe  is,  how  to  produce  them  gallantly,  and  to  be 
moderate  under  the  interpretation  of  them  with  men,  whofc  bolts  will  bediverfly 
(hot,  and  cenfures boldly  delivered  upon  them.     Thefe,  and  myaads  of  fuebjike  emer- 
gencies, difcompofe  the  lives  and  peaces  of  Princes,  and  great  men,  and  deny  them  the 
ferenaro'sandcalms  that  privacy  delights  their  pofleflburs  with.     When  Bajazet  the 
Fourth  had  loft  his  Son  Ortbobultu,  and  his  City  Sebaftia  ,    he  could  ling  no  Notes  fo 
cherrily  as  the  fhepherd,  whom  he  fighingly  cryed  out  happy,  becaufe  he  had  none  of 
them  to  lofe. 

Yet  th-fe  cares  are  all  but  in  order  to  the  higheft  care  of  Kings-  JufKce,  which  be- 
ing the  pro  fed:  of  God,  in  the  government  of  the  World,  calls  them  as  dutiful  Chil- 
dren,wife  fervants.and  worthy  Patrons  of  Popularities,  to  imitate  him  the  Father,  Ma- 
tter, and  Defender  of  his  Creation,  and  the  Polities  in  it,  which  they  can  no  ways  to 
the  lifedo,but  by  Juftice. 

Ju^ice  is  the  cement  and  foul  of  all  Polities,  the  hinge  upon  which  order  winds  it  felf 

into  humane  accommodation.      D'mdorus  writing  of  the  virtues  of  Noah,  concludes, 

that  he  taught  them  ibx>    n    J)x.<uoinjrm!>,  &c.   Juftice  and  integrity  of  foul  above  til. 

And  Tragus  fpeaking  of  the  Golden  Age  under  Saturn,  attributes  this  to  it,   Tanujw 

ftitit  fuijfcfertur^ut  neqxefcrvierit  fub  illo  auifcjuatn,ntc  tjuicauam  private  ret  habuerit, 

fed  omnia  communia,    &  indivifa  omnibus  fuerint,  veluti  unum  cunElU  patrimontum  effet. 

TaJft  away  Juftice,and  all  that  we  fee  and  read  of, becomes  Chaos.    Take  away  Juftice, 

and  what  are  Kingdoms  but  Magna  Latrtcinia  •,    and  Kings,     but  violentia  numina. 

Take  away  Juftice  ,   and  what  are  Laws  "but  nude  &  nugatoria  CeretncnU  ;  pompous 

nothings,  and  ridiculous  Gloworms.    Takeaway  Juftice,   and  what  is  property  and 

priviledge,  but  libidim  holoauftum  :   and  who  may  not  by  Ababs,  and  fons  of  Belial, 

be  made  a  Naboth  for  his  Vineyard?  Set  afide  Juftice,  and  all  Religion  to  God,  and 

order  amongft  men,  ceafes..    Yea,  Juftice  being  the  end  of  Government,  (  cujus  qui- 

dem  ret  argumentum  eft, quod  qui  primus  inter  mortales  a  Deo  cenftitutus  fuit,  Melchife* 

dec,  id  eft  t  Rexfnjlitia,  faith  Hopper  us )  is  fo  neceffary,  that  it  cannot  be  removed 

R  without 


6i 


Bibliothec.  W.s. 
Juftin  hi.  «. 

Stnffui  Auguft. 
Ut.+.'Di  tivit  Dti 
Alciat./ii.  De 

Voi beium  fig- 


Lit.  De  Juflit. 
Principis. 


Z.it.«.DeMotib 

'•  12. 

Lit.  ♦.  Keipub. 
*.  I*. 


A!cht.«4  Its-  i ! 
Lit.  DeVerbor 
fignific  f.41. 


66  >f  Commentary  «pow  Fortescue. 

without  the  diflblution  of  all  :    Tis  the  Sun  in  the  Firmament  ,  God's  Bow  in  the 
Clouds,  an  eternal  witnefs  of  his  love  to  man. 

gut  fine  iUa  Rex  juft  t  non  fudicat,nec  relic  pngnart  piteft . 

This  is  added,,  to  (hew  the  necefiity  of  the  prcfence  of  Jufticc  in  every  aft  of  Rega- 
lity Peace  tnd  War  are  the  two  hands  of  Government-  and  both  thefeare  to  be 
bound  and  loofed  by  Jufticc.  And  hence  has  it  ever  been  the  care  of  good  Princes  to 
be  juft,  that  they  may  be  beloved,  and  well  reported  of :  and  thus  onely  they  knowing, 
they  muft  be  by  the  Laws  of  their  Government  ftri&ly  ftood  to,  has  made  them  keep 
to  it  refolutely  and  throughly,  Roni  Principis  eft  fummum  honorem  legibus  exhibere,  nee 
Kopperas.u.  De  qnicquam  fine  ill  is  nifi  ultima  necefiitate  tanquam  tempeftate  cogente  agere,  nt  ft  titter  fa- 
Irfu.  Priccipii.  fiMt^H4nctpspericlllHmfccon)iciaty  &  loco  Regis  Tyr  annum  fc  txhibeat ,  is  a  States- 
mans  rule  from  the  great  Secretary  of  Nature  •  who,  becaufe  the  Laws  are  rcfpe&ive 
of  the  good  of  many  concerned  in  them,  makes  the  obfervation  of  them  fo  important, 
that  he  concludes,  That  a  good  King  more  eyes  his  Peoples  good,  then  his  own  greatnefs. 
That  then  Peace  and  War  are  regulated  by  the  Laws ,  proceeds  from  the  juftice  of  the 
King, who  is  Head-Difpenfer,and  Proteftour  of  his  Laws.  And  hence  it  is,  that  the  Wif- 
dom  of  Kings  has  ever  admitted  their  Laws  to  be  of  the  quorum,  in  condufions  about 
them:  yea,and  from  this  is  it  that  moftly  Peace  and  War  has  been  fucccfsfully  managed, 
where  Juftice,according  to  Law,  has  aflociated  them.  For  God  having  intcufted  power 
with  Princes,  to  felicifie,  and  not  ruine  their  people  by  it,  piefcribes  Jufticc,  as  the  me- 
thod of  its  difpenfation  to  this  end  •  and  the  Laws  of  God  and  men  ftating  Juftice  in 
every  application  to  them,  conduces  Princes  to  their  Prerogative,  and  inftrufts  people 
in  thejr  Allegiance  readily  and  religioufly  ;  fo  that  the  Law  being  ars  aqni  &  boni, 
and  juftice  the  end  of  it,  being  that  which  Prince  and  people  are  made  happy  by,  there 
is  reafon  that  the  Law,  in  alfertion  of  Juftice  ,(hould  be  adhered  to. 

Vnde  cum  perfe&ut  tifus  virtutum  fitfalicitas,  &juliitia  hnmana  qua  non  nifi  per  It- 
gem  perfetlt  nancifcitur,  ant  docetur,  nidum  fit  virtutum  efellus  fed  &  omnis 
virtus. 

This  is  the  recolle&ion  of  the  premifes  to  produce  the  corclufion,  which  our  Text- 
Mafter  makes  in  juftificationoftheLaw,  and  of  the  excellency  Of  Juftice  tanghc  by  it. 
For  fince  the  end  of  all  a&ive  virtue  is  felicity,  &  that  is  acquired  by  nothing  more  then 
Juftice^nd  that  Juftice  is  fpecificated  by  the  Law,  which  is  the  Rule  and  Model  of  it,and 
which  onely  can  teach  it  perfectly,  and  make  the  knowledge  of  it  productive  of  thofc 
fruits,which  arecomportable  with  Juftice,in  all  the  latitude  of  her  relation  to  God,men, 
and^a  mans  fclf,  it  reafonably  follows,  that  not  onely  the  Lawisexcellent,asit  is  rcpleac 
with  Wifdom,  and  anfwers  the  ends  of  Gubernative  Policy  •  but  as  it  implants  in,  and 
exercifes  the  mind  that  is  furnifhed  from  it,  with  that  perfect  notion  of  felicity  by  vir- 
tue ■,  which  becaufe  it  is  a  complex  of  all  attainable  goodnefs ,  and  furnifhes  a  man  to 
every  good  word  and  work,is  here  called  Juftice  •  for  fo  are  the  next  words. 

Seqnitur  quod  fttftitiafruensfalix  per  legem  eft,  &  per  earn  ipfe  fit  beatus,  enm  idem 
fit  beatitude,  &f alii  it  as  in  haefptgaci  vita. 

fuftitiafruensfalix  per  legem  eft.  The  phrafe/r*<w  referring  to  the  Will  ,  £>uia 
frui  eft  in  volmtate,  helps  much  to  the  comprehenfion  of  the  Chancellour's  meaning , 
That  the  felicity  which  man  attains  by  the  knowledge  of  theLaw,  arifeth  from  the  de- 
light of  the  fubjeft,  in  which  it  is  to  Juftice  •  when  in  the  Apoftle  Paul's  words  ,  I  de- 
light in  thj  LaW  in  my  inwardparts  ;  or  as  the  Prophet  David  faid,  /  had  hid  thy  Lav 
in  my  heart,  that  Ifhouldnot  fin  againft  thee.  In  this  cafe,  the  Soul  that  is  every  way 
quadrate,  and  that  looks  to  all  God's  Commandements  with  an  indifferent  and  juft  eye, 
not  daring  to  difpenfe  with  any  part  of  his  duty,  may  well  be  pronounced  happy  by  thd 
Verdict  of  Law.  For  God  has  given  it  that  juft  confidence,  that  it  fliall  ftand  in  Judg- 
ment, that  it  (hall  not  fear  evil  tydings,fince  its  principle,  which  is  fixed  on  the  Rule, 
leads  to  Beatitude,  and  to  what  is  the  porch  of  it,  humble  confidence.    And  indeed, 

what 


»*K*v  •  (uyt- 
f  or  f$iy  i 

Stobacus, 

Serm.i.p.Z. 


if  Commentary  upon  Fortes  cue.  6j 

what  can  make  a  man  happy,  but  that  Juftice  of  principle  and  practice,  which  the  Law 
juftifies?     And  what  of  this  nature  does  the  Law  allow  as  a  virtue,  worthy  its  encou-   ^"'{a/'uM 
ragement,but  that  which  is  tending  to  Juftice :  There  is  a  mutual  reciprocating  of  Ec-   «><»«  «/<?«»  ;»- 
cho's ,   Jtwixt  Law,  Happinefi,  and  Juftice  •  they  anfwer  each  other,  as  parts  of  that   fiJ°"*'j"m  & 
Line  of  Communication  which  connects  H«w»  *»d  Fart h  together  :    For   when  all   V'rluLmlT'fid 
things  are  at  a  ftun,  when  Beauty  gives  way  to  putrefaction,  Riches,    Honours,  and   nm  '">•<"* Afco- 
Wiidom  weep  out  their woMhrcyid^ighteoufncfsdeliveretk  from  death;   not  from    ^ phtjoie-"5' 
death,  as  a  debt  to  Nature  ,  for  it  is  appointed  for  all  men  once  to  dye  :    but  from   num.  tn,   De 
death,  as  a  terrour  ■,  from  the  defpair  of  comfort  in,  and  mercy  after  death.     This  it   Serm  Latino' 
dchvcrethfrom,  thus  in  Hezekjah's  cafe,  That  Remember,  O  Lord,  I  have  walked 
before  thee  with  an  uf  right  heart,  was  his  Cordial   againft  the  cutting  off  of  his  days  -t 
it  being  the  courfe  ofGod,  to  give  unto  all  men  fomewhat  of  comfort,  or  terrour  in 
their  departure,  fuitablc  to  the  merit,  or  demerit  of  their  lives. 

But,  I  trow,  there  is  another  fenfe  more  genuine  of  this  fufiitiafruensfalix  per  le- 
gem eft  ■,  which  is  this,  he  that  has  the  benefit  of  Juftice,  is  by  the  Law  happy;    for 
that  the  Magiftrate,  which  is  the  Lving  Law,  is  appointed  by  God  to  fpeak,  and  do 
comfortably  to  thofe  that  live  under  his  charge,    and  are  inoffenfive  to   his  power. 
And  truly,  it  is  no  mean  degree  of  happinefs,  which  the  Juftice  of  Magiftrates  conveys 
to  thofe  under  their  charge,  if  the  particulars  of  it  be  duly  weighed  ;  To  live  peaceable 
lives  in  all  godly  nefs  and  hone  ft  J,  to  fit  tinder  our  own  Vine  and  Fig-tree,  and  to  poffefs  ones 
good  things  in  peace;  todrink,of  the  water  of  our  own  Fountain,   and  to  have  the  credit 
and  comfort  of  God's  blejfing  on  our  propagation-,   to  keep  our  fleece  on  our  backs,  andnet  to 
have  thtmjbaven,  and  our  lives  t&ktn  from  us,  to  colour  the  injury.     To  have  the  know- 
ledge if  God  run  down  in  the  Land  lik*  *  mighty  fir  earn,  is  happinefs,  carrying  its  witnefs 
with  it.     And  bleffed  are  the  people  that  are  infmh  a  cafe- ;   and  with  this  outward  ad- 
vantage, have  the  Lord  for  their  God.      But  aithis  is  from  that  juftice,  which  the  Law, 
by  the  Magiftrate,  makes  good  to  us.     Were  it  not  for  juftice,  the  LaVcs  Grandfir,   and  $'££';""?' 
from  the  fruitful  Womb  *f  Order,  which  Magiftracj  doth  impregnate,  who  Vpouldbe  happy ,    ,,,,„,  fcoc  ,„im\  & 
bkttbzfe  whofe  powerful  wicltednefs  carryed  them  forth  to  drinkjoealths  in  the   Bowels  of  the    %>«"•  'fi  ?»- 
SanUuary ,  to  prophane  the  holy  things  cfGod,and  to  violate  the  f acred  rights  of  men.  But    '£*  N*™„j[lrit 
bleffed  be  G  od,  there  is  a  bright  Star  in  the  Firmament  of  Rule,  which  illuminates  the    »«•  i<u>  pmrmn 
dowdy  face  of  Force,   and  makes  us  fee  Juftice  expanding  her  Wings  of  Protection,  fo-    Zfi7Hm^»"Td 
vency,  and  comfort  to  all  her  Clients  ,  and  fhe  can  do  no  lefs  then  chear  all  that  love  «m^«, 
and  follow  her ;  for  fhe  is  a  B.  ay  of  the  Light  fprung  from  on  high,  and  is  defcended   i"°d  'J1  *4&fi 
with  a  Cornucopia  of  good  to  Mankind.     And  therefore  the  Chancellour  had  a  good  Zmt^ll^Zu, 
reach    whenhefaid," fuftitiafruens  falix  per  legem  e&  ;  for  as  he  told  the  governed   »•'""  *•»«*««, 
their  happinefs,  fo  the  Governour  his  duty,  winch  is  to  love  juftice  in  himfelf,  that  he    '^f^Jj,""''^ 
may  admmifter  it  to  his  Subjects.    For  it  is  a  fin  not  to  be  j'uft,    and  a  greater  in  the   hn  lyamf/iw- 
Prince,  then  in  the  People  ,  becaufeof  the  eminency  of  the  one  above  the  other.    And   J"**^****" 
that  Prince  that  is  unjutt,  and  yet  will  be  owned  as  Cuftos  utrinfcjuetabuh,   had  need    ^i]T>3a' 


tin* 


feize  his  Subje&s  reafon  as  an  1-fcheat,  and  make  a  Law,  that  people  (hould  believe  no-    proji*it.  Hopn< 

thing  good  or  bad,  but  as  it  is  publifhed  to  be  by  him  j  for  if  men  be  left  to  the  juft  la-    ^fri^8*"' 

titudeof  their  Reafon,they  will  conclude  him  no  worthy  Princethat  is  not  juft.Where- 

fore  the  happinefs  that  people  enjoy    under   juft  Princes,  is  not  onely  from  their  good 

will,  free  corct/fion,  and  gracious  indulgence,  but  from  a  benefit  alfo  drilling  down 

from  Princes  by  the  Laws  of  Nations,  on  People,  as  the  Vallies  which  they  water  ,  and 

therefore  LaVvs  are  accounted  publique  Treafuries,  that  buy  out  common  Jlaverj  into  En- 

franchifement.     A  nd  therefore  the  Law  is  called  by  the  Greekj  >t^@-,fome  fay  *  A/mi, 

which  f  gnifies,to  diftribute-  as  telling  us.that  whatever  happinefs  fubjecFion  has.is  from 

the  juftice  of  Kings  by  their  Laws.     Eurypides  fays  there  are  but  three  virtues  which  he 

would  have  his  Child  \e&rti,Te  fear  the  Gods, to  honour  our  Parents,and  to  reverence  vipm 

K»/'r»<  'Em;/ of  fhe  common  Laws  e/Greece^a's  conceiving  the  reverence  of  the  Law  to  be 

next  duty  to  God,  and  our  Parents  :    and  whatever  affurance  Government  has,   is 

from  the  fame  fourfe  •,  for  the  Law  of  Natural  Juftice  teaches,  that  protection  is  to  be 

recompenced  with  fubjecFion,  and  fubjecFion  to  be  maintained  by  prote&ion  •,  both 

which  arc  belt  kep;  up  by  Juftice ;    which  Juftice  makes  man  happy  according  to 

Law. 


ttobxm,Sirm,I. 
f.t. 


£8 


A  Commentary  upon  FortescueI 


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S!*«  &  ftr  earn  ipfe  fit  beat  us,  &C 

Well  added,    for  no  man  can  be  fure  of  a  good  end  from  an  ill  beginning,  non  habet 
evint Hi  fordid*  prada  htnts  ^  the   juft  God  has  joyned  together  Juftice,    which  is  in 
erfeft,  all  virtue,  to.happinefc,that  men  may  know  the  way  to  the  one  by  the  other.  For 
men  muft  pay  toll  at  the  Caftle  of  Juftice,  before  they  come  to  the  Balileopolisof  Hap- 
pinefc.  And  fince  Pain  are  fo  beautiful  in  their  con  junftion,  the  Chancellour  has  by  an 
elegant  Synonyma  identified  bcatitudo  &  fxlicitas,  at  leaft in  hasfugaci  vita,  in  the  con- 
dition whereof,  we  men  are  onely  meet  apprehendcrs  of  them.  For  he  fuppofes.that  the 
upfhot  of  all  man's  motion  in  his  calling  and  fphcre,  is  but  to  attain  reft  -%  and  that  reft, 
from  the  toil  of  life,  he  fixeth  in  his  Chair  of  Ssate  old  Age,  under  the  Canopy  of  his 
Night-Cap,  and  in  the  Robe  of  his  Gown  ,    having  in  his  hand  the  fcepter  of  his  ftaff, 
and  his  Cough  as  the  Herald,  making  room  for  him  to  the  grave.     Now  that  obtain- 
ed,   he  accounts  himfelf  happy  to  live  in  credit,  dye  in  peace,   leave  a  good  name  to 
furvive  him-  that's  all  that  the  beatitude  and  felicity  of  this  life  amounts  to  ,  and  this  is 
only  attainable  by  Juftice.T/«  j*/r,faith  the  Wife- man  Jhall  be  hud  in  tier lifting  remem- 
brance ;  and  in  another  place,  the  memory  of  the  dead  Jhall  be  blefed.     And  this  blef- 
fednefsfhall  the  Law  pronounce,  when  it  teftifies,  that  we  have  lived  to  the  true  and 
juft  purpofes  of  life.    For  we  were  not  made  to  ftndy,  ferve,  love,  and  delight  in  our 
felves,  but  to  ferve  our  Maker,  to  love  our  Neighbour ,    to  promote  Virtue  in  our 
felves  and  others.     And  this  we  ought  to  do,   confidering  that  it  is  our  duty,   and  we 
muft  give  an  account,    ijJjj.W,  tjuando,  qnibtu ,  quart,  feamus  ^   wk,  for  the  nature  i 
when,  for  the  time  ■,  to  whom,  for  the  perfons  j  wherefore,  for  the  motive  to  our  doing  ; 
yea,and  confidering  above  all,that  the  dine  we  have  to  work  in,is  but  fugax  vitafiiott 
time,  flippery  time,  gone  like  a  tale  that  is  told,  parting  as  fhadow,    as  a  brook  •    time 
paft  before  us,  time  paft  after  us,   time  prefent,  called  life,  onely  ours :    therefore  we 
ought  to  be  aftive,  while  the  day  lafts,  becaufe  the  night  comes ,  wherein  no  man  can 
work. 

Cujtu  &  per  juftitiam  ipfe  fummum  habet  bonum. 


The  Chancellour,  as  one  in  love  with  Juftice,  makes  the fummum  benum  of  life  to 
confiftinit^  and  fo  it  muft,  confidering  he  aflcrts  it  beatitude  and  felicity,  which  is 

Stob.  p.808.    ibe  fummum  bonum  of  any  thing^for  what  is-the  beatitude  of  a  thing  more  then  the  per- 
fection, and  what  is  the  perfection  lefs  then  the  felicity  of  it :   fo  that  there  being  as  per- 

B»fiwiC/V° '**'  k^  a  concord  m  cne  Chancellour's  words,as  foul  ;  1  cannot  but  wifh.that  may  bein  our 
times,  which  learned  Budaus,  fpeaking  of  the  Areopagitt,  fays  of  them ,  they  were  fuch 
friends  to  juftice,  that  they  would  endure  no  Oratory,  left  their  affection  fhould  be  led 
afide  from  the  truth  ,  to  favour  that  party  which  had  the  beft  Language  in  its  defence , 
and  did  fit  on  Judgments  in  the  dark,  that  they  might  not  be  led  by  favour,  or  know 
friend  or  foe  ^  yea,  that  their  integrity  might  appear,  he  adds  out  of  Ifocrates,  Tantism 
prifcos  illos  Areopagitas  menumentum  virtutis  ac  continent  it  fua,  illoin  loco  pofteritati  re' 
liquijfe,  nt  etiamfno  tempore  quo  jam  mores  antiques  multum  degenerate  conquerituryeb- 
fervatum  effet  eos  qui  moribas  aliequin  intolerandis  ante  a  fuiffe  vidtbantur  ,  ft  qttovis 
modo  ad  Areopagiticum  forte  conflium  obrepftrant ,  tnm  demum  temper  Are  fibi  folitos 
effe,  &  tanquam  locigenio  afflatos,  ex  ingeniofuo  migrare.  tnalleque  inBitutis  tanticcn- 
jilii  tjudm  injitis  fibi  vitus,  nut  ingenitis  infifitre.  To  this  1  fay  ,  Budaus  adds,  XJtinam 
benignitate  divlna,  in  ampliffit><a  curia  noftrajimilis  aliquis  pofthac genius  exiftat.  By 
all  which  it  appears,  that  Juftice  is  a  moft  excellent  virtue,  and  that  which  our  Chan- 
cellour both  pradifed,  when  in  office,  and  had  the  comfort  of  having  fo  done  ,  when 
exofficed  ^  and  this  makes  me  conclude,in  commendation  of  Juftice. 

Tamen  non  nifi  per  gratiam  lex  poterit  ifta  operari. 

t 

Herein,  as  in  other  places,  the  Chancellour,  like  a  devout  man  ,  and  a  knowing 
Chriftian,  recalls  his  former  extolling  of  the  Law  (as  the  Rule  of  Juftice  beftowing 
upon  man  the  felicity  of  this  life  )  by  interpreting  himfelf,   as  afcribing  the  main  work 

to 


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eputentia,     extre  ■ 
viam  fervjtHlem, 
tJ-  lAwtrtMtm 
rdmcjttunl.    Hop 
peru;,/ii.  De  In- 
Itit  Principi*. 


>f  Commentary  «powFoRTB5cuE.  6f 

to  Grace,  and  co  God  the  giver  ofit.    For  though  that  be  true  of  Laws,  which?/*  ?a 
defiresofmen,  St**  j3«ahJ*«  Siit  Su  «j»«'£o",    &C.    when  God  intend:  well  to  any  man,  or 
place,  heratfes  up,andincreafesgoodmeninit ,    which  MoreHtu  fays,  has  been  verified 
in  France,  wherein  Reges  fapienter  &  jufte  regnantes  ad  noucis  feptenos  eonceffit :   yet  Tr*fatimt  iti. 
all  that  ever  Art  or  Nature  does  to  our  perfection,  is  nothing,  without  God's  con-  Sen«-  t>«  re- 
currence and  benediftion  in  that  gracious  Providence,  which  effectuates  what  it  will.   Vlde*t  '  I+' 
Now  this  the  Antients  called  by  many  names,  asdefirousto  convey  it  moft  to  the  ad- 
vantage of  its  fplendour.      Mofes  termed  it  8i2  JiLflvhtv,  the  finger  of  God  •,  and  Sole, 
ir-en,?**  -xn&iGod's  Hand;  Pindar,  9t?  -m.hi^Mv,  God's  Palm ,    Plato,  flw'ap (moi^v , 
God's  Lot ;  Ariflotlt,  %hav  /J/nu/r,  that  divine  virtue  which  contains  every  thing  in,  and 
brings  every  thing  about  to  it ;    the  old  Acadcmiques,    hiyot  rl  v  e/>o«c*c7<*»  &c.    Reafon 
moderating,  and  ruling  powerfully  in  all,  Ah'*?  iytfttviav,    that  divine gubernation  and  »r- 
der  of  all  things.  Thefc,  I  fay,  in  other  terms,  mean  the  fame  with  yanv  ww>7<*  i»s(y*m.r, 
thatfpecial  grace  and  favour  which  he  beftows  on  man,    and  by  which  he  makes  the 
Law  effeftual  to  this  purpofe  in  him.     For  though  I  well  know  the  Law  is  juft,holy,and 
good,    and  all  Laws  have  the  moft  prefumptions  of  fucceli  ,  in  what  they  undertake  to 
teach,  and  feldom  do  lead  into  any  thing  beneath  the  moft  exaft  habit  and  aftion  of 
virtue ;  yet  in  that  they  do  this  in  conjunction  with,  not  abftrafted  from  divine  grace, 
I  think  it  juft  to  afcribe  all  the  pcrfeftion  in  virtue  that  man  attains  to  by  the  Law, 
to  God's  bleffing  which  derives  energy  to  it.  Indeed  the  Law  can,    as  a  Syftem,  and 
collcftion  of  divine  truths,and  prudent  Rules,  method  us  in  juftice,  and  teach  us  to  ufe 
virtues,  in  order  to  beatitude  -,  that  is,  excite  the  faculties  apt  to  take  and  retain  princi-  Dumu).  ?'*• 
pies,  it  can  propofc  the  rule  to  the  understanding,  and  thence  to  the  will  and  affefti-  **•*»•**•»•■ 
ons.    But  it  cannot  perfwade  his  ear  to  hear,and  nis  heart  to  embrace  what  is  good,and 
accordingly  to  doit,   Quia  adhunc  attnm  Bern  nos  adjuvat  &  interims  confirmando  Dift.17.30. 
voluntatem,ut  adaHumperveni*t,&  exteriitsfacultatemoPerandiprabendo  -,  as Dr. rand  f'rV' 
notably.    This  is  folely  an  aft  of  grace  from  God,  whole  Prerogative  it  is  to  do,  and  u.d«6ma' 
not  to  do,as  he  pleafcs  ■,   and  therefore  without  God,    man's  free  will  is  nothing  ■,  no-  W. 
thing  without  God's  co-operation.    He,  he,  nauft  carry  our  endeavours  to  their  ifTue, 
or  they  will  be  abortive,and  have  no  figures  of  amiablenefs  in  them.  And  therefore  our  Bon»rentur./».» 
Chancellour  has  written  no  more  here  of  grace,  then  the  Schools  generally  aflert.  And  Dift.i7. 
Bmliftr,  though  he  would  allow  as  much  to  man's  will,  and  Piety's  merit,  as  may  be  ^ming-  %*, 
prefumptuoufly  arrogated,  yet  brings  in  a  four-fold  grace  of  God  indulged  man,  fait-  3*J-  ''*■  *• 
able  to  the  four,  fold  evil  he  i»immerfcd  in:     The  evils  are,    i.  Combat  with  Satan's    , 
temptation.     2.  The  Vrrath  of  God.     3.  The  guilt  of  fin.     4.  The  fequel  of  fin.     The 
grace  that  God  vouchfafes,  are,  Protection,  Deliverance,  Extraction,   Salvation.    So 
that  the  triumph  ofafinner  over  his  toil  and  impoflibili ties ,  is  from  this  grace  of  God, 
which  enables  him  to  every  good  word  and  work.     This  grace  is  therefore  as  the  gift 
of  God  to,  fo  the  work  of  God  in  us ;    'tis  that  which  excites  us  to,  retains  us  in ,  and 
rewards  us  for  well-doing  ■,  becaufe  it  is  a  largefs  of  God  to  us  exprefiive  of  eudochy, 
»nd  complacentialnefs  •,  it's  that  which  God  anfwers  men  by  :  if  not  fecundum  i  dent  it  a- 
tern  defideriorum,  y ct  fecundum  aquivalentiam  :    if  not  juft  as  theydefire  ,  yet    in  the 
beft  expofition  of  their  defire,  that  is,  in  fuch  good  as  he  fees  beft  for  them.     No  won-  P.  Mirandul.  /» 
der  then  that  Heathens,  in  all  great  undertakings,  addreffed  to  their  Gods,   praying  Hpwp.  r.j./.i«. 
their  aid  and  influence,  fince  they  found  themlelves  impotent  to  reach  any  things  of 
remotenefi  without  them.     For  God  himfelf  has  declared  it  his  Prerogative,    to  blefs, 
undcurft;  toraifeup,  and  pull  down.    And  the  Law  can  do  nothing,  either  to  con- 
vince of  fin,  or  conduft  to  virtue  ,  but  as  God's  fefcue  in  Magistrates  hand.    'Tis  God 
above,that  muft  open  the  eye  of  the  undtrftanding,  and  incline  the  heart  to  good  ■,  yea, 
and  'tis  God's  grace  onely,  that  when  the  good  and  excellent  path  of  life  is  difcovered, 
puts  man  inland  keeps  him  on  from  halting.or  deviation  ;  not  onely  by  an  aft  inform*-  Dl(t,t(. » t.«t.»: 
tionis  &  denominatienis  fubje #»,prefenting good  to  us,fed  redditionis  optris  meritorii  -,  as  f.  j»j 
Vurand  too  durely  phrafes  it,  that  is,  rendring  it  accepted  in  the  beloved  Lord  fefus. 

The  confideration  of  which  brings  in  grace  in  Scripture,  under  fo  many  honourable, 
and  ufeful  attributes,  that  it's  hard  to  think  of  benefits,  whereof  our  nature  and  con- 
dition is  capable,  which  this  grace  and  favour  of  God  does  not  accommodate  us  with ; 
it  reftrains  from  fin,  it  excites  to  duty,  it  conflifts  with  defpair,  it  aftuatcs  faith,  it  ercfts 
fortitude,  it  debafes  pride,  it  adorns  humility,  it  promotes  fcif-denial,  it  is  viftoriouflyi 

$  valiant 


7° 


Km  it  exiflimei 
dtnum  Del  jure 
ktrtAita.ru  ftfii- 
dire,  ita  vi it  Kit 
fieurus  dt ««  aunji 
ttunajuam    ftritrt 
fa/iii.  nefutilt 
cmmfoTti  ntruxi- 
ril  milium ,    & 
fuli/traxerit  dt  ■ 
num.   tu  animi 
eincidat  fr  tri- 
fiiir  aukm  vppor' 
tit,  fiti. 

SmCfus  Betnatd. 
Serm.i  l .  in 
Cant.  Cantic. 


Ld>.  j.  DcNitur. 
dceiuin. 


l  Offic. 


Ken  dat  nttur* 
■virtutem.urs  e(l 
bmum  fieri,   De- 
irat  tllit  jujtilia, 
durat  frudimiMj 
dltrM  tlmptran- 
tU  tcfimtud; 
omnibus  hit  virtu- 
tibui  btbibatji- 
milt*  tjutitm 
rudis  vim,  virtus 
nan  connnt.it  unu 
vw  nifi  infntuto  & 
tieRt,  fr  td  fun- 
mum  nfiidui  ex. 
'rcttaticne  feriu* 
£•  Senccfy  .*>. 


A  Commentary  upon  Fortescue. 

valiant  againft  the  enemies  of  the  foul;  yea,  it  keeps  the  heart  cquanimous,  neither 
prefumpcuous.nor  defpondent,  but  equilibrious,  asaSonfhould  be,  between  the  fear 
of  duty  and  mercenarinefs.Hereupon  St.  Paul  afcribes  this  mutation  from  a  Pha- 
rifte  to  an  Apojile,  to  be  of  grace  •,  By  the  grace  of  God  I  am  that  l\am,  teaching  us  to  put 
our  felves  for  the  fortunation  and  felicitous  fequel  of  adions  on  the  mercy  of  the  Al- 
mighty, whereip  no  min  that  rightly  aims,  and  religioufly  means  to  that  end,  can  pof- 
fibly  mifcarry.  All  that  we  have  to  do,  is  to  walk  regularly  and  humbly  before  God, 
and  thereby  our  inward  man  will  be  kept  from  predominancies  inconfiftent  with  this 
grace.  For,as  in  the  body,the  prepotency  of  malignant  humours,  impedes  the  opera- 
tion of  the  noblcft  Potions  ■,  fo  in  the  foul,  till  grace  have  obtained  the  mattery  over 
the  brutal  and  lower  liegents,  there  is  no  effeds  of  grace  probable  to  appear.  It  muft 
be  God  that  flrfl  excites  ,  then  by  a  concomitation  crowns  our  endeavours  with  a  deli- 
red  iflue.  He  gives  recompence  to  diligence  by  wealth  •  to  patience  by  vidory  •,  to 
humility  by  exaltation  ;  to  penitence  by  pardon.  All  that  art  and  induftry  can  do  (ab- 
ftraded  from  this  grace  as  its  benedidion,  which  includes  it's  fiat)  is  nothing.  Lewis 
the  Ninth  of  France  was  a  wife  and  pious  Prince  ,  yet  he  made  but  two  Voyages  againfi 
Infidels  •  one  into  Egypt,  and  the  other  into  Barbarj ,  and  mifcarried  in  both.  In  the 
firft,  he  himfelf  was  taken  prifoner,  and  his  whole  Army  overthrown.  Jn  the  latter, 
he  dyed  of  the  Plague.  Citfar  Borgia  fearing  that  his  Father  Pope  Alexander  the  fixth 
dying,  the  Papacy  would  come  into  the  hands  of  his  Enemy,  ordered  affairs  fo  dexter- 
oufly  as  he  thought,  that  which  way  foever  they  fteered,  he  flhould  be  out  of  danger : 
Pope  Alexander  fhortly  after  dyed  ;  and  Cafar  Borgia  fell  fo  fick,  that  he  could  exe- 
cute nothing  he  had  deiigned  ■,  and  fo  the  Popedom  came  nnto  his  profeffed.  Enemy : 
fo  that  the  Chancellour's  Pofition  is  moft  true  ,  Nen  nift  per  gratiam  lex  poterit  ifla 
eperarii. 

Neejue  legem  ant  virtntem  Jinc  gratia  tu  addi/cere  poteris  ,  vel  appetcre,cum  ut  dicit 
Parificnfis{in  libra  fuo  cur  Deus  homo)t> irt»s  homini*  appetitiva  interior  per  pee- 
catum  originale  ita  vitiata  eftt  ttt  ftbi  vitiorum  fuavia,  &  virtutum  afpera  tpera 
Japiant. 

This  is  added,  to  (hew  how  impotent  the  beft  Prefcripts  of  Nature  are  to  any  excel- 
lent and  certain  end,  in  their  abftradion  from  God's  grace :  neither  the  whole  duty  of 
man , which  our  Chancellour  means  by  the  Law,  in  which  'tis  propofed  •,  nor  any  part  of 
it  contained  in  fingle  virtues,  can  be  either  defired,or  pradifed  by  us,  but  with  ailiftance 
of  God's  grace.  Firft,  we  cannot,  appetert  legem  aut  virtntem,  without  grace  ;  for 
appetuntnr  que  fecundnm  naturam  fnnt,  declinantur  contrarians  Tnlly's  rule.  Now  the 
nature  of  man  is  fo  averfe  to  virtue,  as  fubverted  from  its  created  reditude,  that  it  op- 
pofes  it  felf  to  it,and  declines  it  fo,  that  if  it  be  brought  upon  the  love  and  practice  of  ir, 
it  muft  be  by  a  divine  perfwafion,  and  fweet  compullion,  from  grace  moving  the  Will  to 
follow  an  enlightened  underftanding,  and  engaged  affections.  And  then  fecondly,  man 
cannot  addtfeere,  that  is,  not  onely  learn, as  Oratours  fometimes  ufe  the  word,but  tjnafi 
alicjptid  adder e  adea  qua  didicerit,  as  our  Text  intends.  NomancSnadd  to  what  na- 
ture inftruds  him  in,  concerning  virtues  divine  and  moral,  but  by  grace  ■,  for  thereby 
onely  corruption  is  difcovered,and  the  means  of  recuperation  and  rcftitution ,  by  im- 
provement, revealed.  Neither  of  thefe  fo  necefTary  to  our  compleatnefs,  are  attainable, 
but  by  the  grace  of  God,  which  brings  the  light  and  truth  of  God's  difcovery  to  the 
Conscience,  in  compunction  and  contrition  •  and  then  carryes  the  convinced  fob  jed  to 
Jeftu,  the  anchor  ,the  price.the  pattern,thc  donour  of  integrity,  from  which  corrupted 
nature  is  the  lapfe.  Indeed,  in  Heathens ,  and  pure  moral  men,  there  may  be  fuddain 
options,  and  palfionate  tranfports,  refkded  from  the  terrours  of  natural  Confrienco, 
which  may  cajole  a  man  to  ingenuous  confeflions,  and  feemingly  ferious  proteftations 
"  of  amendment.  But  thefe  beingthe  produds  of  no  folid  and  fincere  convidion,  but  the 
fruits  of  God's  terrour,which  he  often  in  jeds  into,  and  fometimes  long  continues  upon 
wicked  men,  are  but  fptendida  peccata,no  ads  of  grace,but  of  power  :  which  as  a  Creft- 
tour,not  a  Father, God  exprefles  himfelf  to  his  Creature  in.  By  thefe  he  over-wrought 
Balaamto  blcfs,  whom  he  refolved  to  curfe,  and  Abimelech,  not  to  take  Sarah,  whom 
he  refolved  to  proftitute  ■,  which  had  they  not  been,  neither  the  good  words  of  the  one, 

Let 


A  Commentary  npon  Fortes  cue. 

L:t  me  die  th:  death  of  tin  Righteous,  and  let  ni]  Utter  end  be  l-.fee  unto  his,  Numb,  xxiii. 
nor  chechul  deeds  of  the  oiier,    in  noc  touching  carnally  Abraham's  Sarah,  had  not 
ficcceded  their  action* ,  wa.cli  were  previous    and  ordinated  to  the  contrary.     So 
tha:  whatever  th;:fc,  and  other  Heathens did,  in  order  to  felf-raaftery  ,  nrgnanimity, 
contentation,  patience,  jutice,  chanty,  though  they  are  effects  of  general  grace,that 
is,  of  the  largels  of  God  the  Creatour,  to  man  his  creature  ,    yet  are  they  but  imperfect 
works,  becaufe  they  did  them  as  lures  to  theif  own  fame ,  and  as  defenfatives  of  them  - 
felves  Irom  mifcarrying  in  the  deluge  of  cenfure  and  defamation,  which  hurries  down 
in:o  the  lake  ofdifhonour  all  fordid, illiberal, debauched  courfes^and  hence  they  del'erve 
to  be  accounted  not  fo  properly  virtues,as  the  umbra's  of  them  :  becaufe,  beyond  the 
Elyfium  of  fame,  there  is  no  reward  for  thefe  •,  for  fo,  according  to  their  calculation-,  is 
their  reward  in  this  World  :  for  all  they  aimed  at,  was  to  appear  to  men  ^  God,  the 
principle  of  their  activity,  was  fuperiourto,  though  not  at -all  in  their  intendment  and 
purpbfe-    and  fubjected  they  were,  to  what  they  could  not  oppofe.     Bona  ipfa  opera 
qua  faciunt  infideles,  non  ipforum  ejfe,fed  illius  qui  bene  utitur  malis,  faid  chat  renowned 
lather  of  our  Churcb  againft  the  Pelagians.     And  therefore  there  is  vaft  difference  be- 
tween the  Works  of  Grace  and  Nature,  of Heathens  and  Chriftians  -,   becaufe,  though 
in  the  excernity ,  and  materials  of  them,  they  may  have  an  equipollency ;  yet  in  the  in- 
tention, rule,princip!e,and  purpofe;  (which  bears  away  the  reputation  with  God)chere 
is  no  ag  eement.     The  rightcoufnefs  of  thefe  gracious  fouls,  exceeds  therighceoufneis 
of  Scnbes  uni  Pharifees,  who  yet  were  exact  and  rigid  in  the  Rites  of  their  Worfhip. 
The  wifdom  of  thefe  re  iches  to  eternity  •,  they  corifider  their  latter  end, and  defire  God 
to  teach  them  to  apply  their  hearts  to  wifdom.     The  charity  of  ihefe ,   is  notonelyto 
thofe  of  the  houfhojd  ot  Faith,   but  to  all  Mankind  ■,  not  oncly  to  a  cup  of  cold  water, 
but  to  actions  of  heroicknefi,  whereby  Coals  of  fire  are  heaped  upon  their  Emmies  heads. 
The  patience  of  thefe,  is  not  to  the  lofs  of  their  goods,    but  lives  ,   fo  they  may  keep 
their  fouls  fpotlefs.    The  perfeverance  of  thefe  is  futh,  that  wich  feb,    though  God 
kill  them,  they  will  put  their  traft  in  him  :  the  humility  of  thefe  is  fo  real,  that  they  put 
their  mouthes  in  the  dufl:,  and  bemoan  therafelves  with  Ef  hraim,  Jf  I  have  done  evil, I 
will  dofo  m  more.  Thefe  are  the  fruits  of  God's  Canaan  in  the  foul,  which  worldly  men, 
as  falfe  Spyes  mifteporr.    Thefe  are  faceb's  hands,   as  well  as  Jacob's  voice  ■,   the  fame 
in  decd,as  in  word :  there  is  no  tincture  of  Alchimy  or  alloy  in  thefe.they  arc  all  Gold, 
whereas  nature  gives  men  but  the  Vermillion  offeeming :     this  prefents  the  Rofe  and 
Lilly  of  perfect  beauty.     And  hence  comes  it  to  pafs,  that  God  owns  it  as  his  work,  and 
promifes  hirafelfthe  reward  of  it  unto  the  foul,  vide  quid  Chrifiiani  facere  poftint  quo- 
rum in  melius  per  Chriftum  refiaurata  eft  natnra,  &  qui  divmt  gratia  juvantur  auxilio, 
faith  the  father.    Which  confidered ,  'tis  well  added  by  our  Chancellour,  that  thus  to 
do,  is  divint  bonitatis  bentficium,non  human*  virtutis.     For  as  it  is  not  flefh  and  blood 
that  reveals-it,  fo  is  it  not  flefh  and  blood  that  performs  it,  mtura  hum  ana  etiawfi  in 
iUaintegritate,  qua  audita  eft,permaneret,  nulla  modo  feipfam  creatorefuo  non  adjuvantt 
fervaret,  quum  igitur  fine  gratia  Deifalutem  nonpotuit  cuftodire,  quam  accepit,  quomodo 
fine  gratia  Vei  pott  ft  repararr^  quod  perdidit,  is  Saint  Auguftint's  judgment.      For  if 
by  the  power  of  nature  feparate  from  grace, the  virtue  of  Juthce  could  by  the  Law  have 
been  taught  and  learned,  man  needed  no  other  School  but  that  to  teach  him  bis  duty, 
and  to  make  him  actually  perform  its  dictate.     But  inafmuch  as  our  Lord  has  taught  us, 
that  without  him  we  can  do  nothing  as  we  ought,  and  God  will  accept ,  and  the  holy 
men  of  all  Ages  have  recurr'd  to  God's  gi ace,as  the  fine  qua  non  to  their  progrefs  and 
fuccels:    it  highly  befits  us  to  afcribe  all  to  grace,  and  to  difdaim  merit  and  felf-fuffi- 
ciency  ,   that  he  alone  may  have  the  honour,  who  is  the  authour  andfinifher  of all  good  in 
ms.     For  it  is  one  of  the  great  and  undeniable  explorations  of  Omnipotence,  and  that 
which  argues  God  the  Regent  and  Provider  of  the  World  ■,  that  he  makes  every  thing 
accountable  to  his  end,and  fubfervient  to  his  purpofe,   not  onely  the  proper  effects  of 
grace,  renovation  of  principle,and  melioration  of  practice,  but  alfo  the  punifhments  of 
grace  defpifed  and  neglected,  Sicut  mali  Dei  bonis  malt  utuntur  dum  non  corriguntur ; 
fie  contra  Deus,  etiam  mali/  coram  bene  utitur  adjnftitiamfuam,  &  excrcitationemfuo- 
rum,  faid  the  Father  ■,  and  to  the  fame  purpofe  Syncfius,  <u  ^kutiucI  Juviyme,  &c-  that 
is,  even  the  finfal  liberties  men  takj  tofatiate  them'felves  with  fin,  ttw^  out  God's  jufiifi-. 
cation  In  th:ir  punifitment ,ani  fatisfie  the  pious,  that  he  muft  needs  be  good,  who  gives  fojaft 
rules  to  lift,  and  they  be  out  of  meafure  finfal,  that  obey  them  not.  No 


*i 


Bradward,    De 
CauTa  Dei,  tib.z* 


Beda,   cap.  13. 
comrii  Julianum. 

^Sali  vellt,  mali 
f*rere,male  dicere, 
male  cegitare  de 
quocjuam  ex  a^uo 
vetamttr. 
Tenullianui 
Apolog.  t.3,6. 


Bradward.  lib.  1 . 
c  J.f4«7. 


I fili.  la(.  ad 
Paulinum. 


St.  Auguftin. 
£>•  S». 


Epifi.  r7. 


yz  A  Commentary  upon  Fortescue; 

.  No  wonder  then  the  Scripture  fays,  obedience  is  better  ffcr*/4m/j«,-becaufe'facrin*ce 
being  a  devoir  of  the  man  externally  conforming,  may  flow  trom  the  lefs  noble  and  de- 
generous  propofal  that  men  make  to  themfelves,  of  aflimulation  to  thofe  they  converfe 
with,  and  are  planted amongft  ,  by  complying  with  whom  fame  and  advantage  is  acqui- 
rable.which  they  call  humana  virtus,  and  from  i  eafon  and  experience  is  moved  and  pro- 
moted ■,  but  to  obey  God,  in  owning  his  goodnefs  the  motive,  and  his  power  the  Pa- 
rent of  what  we  attain  toby  (ludy.aftion,  friends,  fortune,  and  to  account  our  fclves 
and  all  collateral  aids,  blind  and  paffive  feconds  to  his  omnifciency  and  wifdom,  the 
energy  and  effectuality  of  the  firftcaufeGod,muft  be  divina  benitatis  benrficium  ,  no 
man  can  difclaim  what  he  loves  fo  dearly  himfelf ,  but  he  that  in  the  glafs  of  God's  per- 
fection fees  his  weaknefs  and  infufliciency,  and  by  the  maftery  of  mercy  over  his  corru- 
ption, afcribes  all  he  is,  or  does,  to  his  Makers  good -will  to  him,  and  the  enablement  he 
has  from  it. 

Nam  tunc  leges,  aua  praveniente  &  concimitante  gratia  omnia  pramifja  operantur  to- 
toconamine  addifcenda  funhdnmfalicitatem,  auafecundum  Philofophos  eft  h)c  finis 
&  complement  am  human*  deftderii,  earum  apprehenfor  obiinebit ,qnt  &  beat  us  ille 
trit  in  hac  vita  ejus,  pojjidtns  fnmmum  bonnm. 

This  is  a  good  inference  from  the  prcmifed  aflertton-,(ince  all  mans  chief  good,byPhilo- 
fophy  is  made  to  confift  in  felicity  or  beatitude,  this  felicity  or  beatitude  is  attainable  by 
Juftice^thisjuftice  taught  and  learned  by  theLaw.the  Law  made  effectual  byGods  grace 
accompanying  it.Hence  argues  theChanceMor  ;if  fuch  be  the  attainments  by  theLaws.then 
the  Laws  of  God,  Nature,  Nations,a're  to  be  chiefly  learned  by  a  Prince,Indeed  the  Ar- 
gument has  as  much  of  cogency,  as  utili  and  decorum  can  give  it  •  and  while  there  is  a  tyc 
of  grace  upon  the  Laws,  without  which  they  are  counted  ineffectual,  there  isfno  fear, 
fupererogation,  or  attribution  of  ought  to  them  in  derogation  to  grace,which  is  the  gift 
■  of  God  by  them;  as  it  is  not  bread  that  fupports  life ,  nor  air  that  cools  and  re- 
frefhes  the  inwards ,  nor  light  that  promotes  order ,  nor  phyfick  that  procures 
health,  but  God's  fiat  and  creative  permiffion  and  benediction  ,  whereby  not  onely 
their  innate  and  fpecifique  virtue,  in  a  beneficent  exertion,  accommodates  it  felf  to  , 
,  but  is  conducted  and  confirmed  by  the  omnipotence  of  God  fo  to  do  :  fo  is  it  not  the 

Law  that  can  bring  the  mind  by  underftanding  the  definition ,  to  affect  the  direction, 
and  execution  of  juftice,  except  God  incline ,  and  circumact  the  heart  to  the  comple- 
tion of  it  ■  and  that  by  a  grace  of  prevention,  taking  out  of  our  way  thofe  rubs  that  im- 
ply avocation,  making  us  of  unwilling  willing  ■,  and  then  by  carrying  on  thofe  begin- 
nings to  procedure,  by  breaking  out  the  crepufculum  into  the  bright  day,  nefruftra 
velimus,  that  is,  by  a  flirting  us  to  run  the  race  with  patience  thai  isfet  before  us,  loclting 
tmtofefus.  O 'tis  a  rare  Profpect  of  the  Crucifix,  that  brings  us  to  make  our  felves 
vild,  and  of  no  reputation,  that  we  may  be  obtainers  of  preventing  grace,  and  do 
the  will  of  God,  by  aid  of  his  co-  operating  grace.  Our  Lord  fefus  gave  us  the  prefi- 
dent  to  follow  him,  thatwemightbeenjoyersofhappinefiwithhim,  Gratias  agamus 
domino  &  falvatori  noflro,  qui  nos  null  is  pracedtntibus  merit  is  vulntratos  curavit,  &  ini- 
micos  recenciliavit,  &  de  eaptivitate  redemit,  de  tenebris  adlucem  reduxit,  de  morte  ad 
fit  am  revocavit,  &  humiliter  eonfitentes  fragilitatem  noftram  iUius  mifericordiam  deprc- 
tM.  i  Komi!.  cemur%  ttt  quia  nos  mifericordia  fua  prtvertit,  dignetur  in  nobis  mnfolnm  no*  cuftodirt^ 
Homil.  14.  fed  &  auger  e  muntra,  &  bene  ficia  fua  qua  ipfe  dignatus  (ft  dare,    was  Saint  Auguftint'% 

The  Auihsur '•  wnlel  •  And,  O  Lord,  grant  me,  who  am  thj  poor  valet,  and  have  prefumed  to  write  of 
juyertoCod.  thj  grace,  fuch  ajfiftanct  of  thy  preventing  and  concomitating  grace,  that  I  may  neither  fin 
againft  them  by  my  pen,  or  in  my  lift,  but  that  J  mtyfo  write  of  grace, and  fo  live  to  grace , 
that  it  may  appear  J  covet  the  grace  I  write  of,  and  magnifie  the  afpftance,  that  in  this  un- 
worthy endeavour  of  mine, thy  grace  afford  me  j  while  my  heart  confeious  to  it  felf  of  many 
faljhoods  in  frimdjhip,  andcoolnefsinzeal,  to  the  glory  of  thy  grace ,  yet  prcfumesto 
cry  out  with  Saint  fercm,  Semper  largitor,femper«*e  denator  eft,  &c.  Thau,  O  Lord 
art  always  bountiful  andgiveft,  O  let  me  be  an  ever  receiver  from  thee,  for  it  will not  fuf- 
fice  my  hungringjeult  that  etice  thou giveft,  unlefs  thou  often  and  tver  giveft -,  lam  cove- 
tous to  have  the  moft  lean  of  thy  gracious  bounty  :  as  my  foul  is  never  fatisfyedwith  recei- 
ving, fo  let  not  thy  grace  befatisfied  v  it  h  giving  to  it  ;  for  the  more  it  hastthe  more  it  deftres 


A  Commentary  upon  Fortes  cue. 

if  thee.  Thus  that  Father-,  and  I  from  him:  For  ,  without  this  continual, and 
effe&ual  inpx,  how  fba'i  I  write  tright  of  grace,  which  worlejth  in  us  whatever  is  right  in 
the  fight  of  thee  mj  gracious  fudge. 

Without  grace  then,  the  Law  is  ineffe&ual  to  bring  Princes  by  Juftice  to  beatitude , 
fince  it  will  not  inform  them  of  the  excellency  of  virtue,,  nox  fubdue  them  to  its  method 
by  efficacy  of  conviction,  which  makes  practique  virtue ,  and  carries  to,  and  ends  in 
beatitude,  but  by  help  from  above.  Moral  fwafions  are  weak  Phyfick,  to  carry  away 
peccant  humours  prepofTefling :  it  muft  be  grace  from  God  that  vehiculates  them  to 
the  parts  difaffe&ed,  and  by  them  works  evacuation  and  reftitution  to  a  better  habir. 
If  our  righceoufnefles,  that  are  as  filthy  rags,become  clean  garments  before  God :  if  our 
Salt  that  has  loft  its  favour,  be  favoured  by  his  acceptance  j  if  our  darknefs  become  light 
in  the  Lord,  through  the  Lord  of  Lights  irradiation  on  us  j  if  our  covetoufnefs  of  the 
Earthly  Mammon  be  converted  into  the  earneft  coveting  of  the  beft  things  •,  if  inftead 
of  crying  out  againft  bur  felves',  when  we  have  done  all  we  can,  that  Vee  are  unprofitable 
fervantsjs  our  Lord  commands  us.  It  muft  be  the  work  of  grace. 

Our  Lord,  in  room  of  that,  makes  himfelf  that  blefled  Call  to  us,  Come  ye  blefed 
children  ofmj  Father  receive  the  Kingdom  prepared  for  joh.  This  happy  change  is  from 
fomething  of  God  in,  on,  and  with  us,  his  grace  of  prevention  and  concomitance.  This, 
this  is  the  foul,  rule,  guide  to  the  Laws,  wherein.Juftice,  as  the  way  to  beatitude,  is 
depofited.  And  without  this  grace  of  God,the  Worlds  ^hilofopy.the  Laws  learning  , 
nay,  Juftice  to  the  higheft  proportion  imaginable  tor  man  to  arrive  at,  will  be  but  Ap- 
ples'of  ^oisiw, beauteous  in  appearance,  but  rottennefs  aud  nullity  in  the  proof  of  it :  fo 
true  is  that  of  the  Wife- man,  even  in  this  riches,  as  well  as  in  any  other  ■,  The  bleflng 
of  the  Lord  maieeth  rich,  and  he  addeth  ho  for  reft  thereto. 

And  therefore  no  wonder,  though  our  Chancellour  fays ,  toto  ctnamine  addifcendet 
fi/nt  leges,  when  he  joyns  the  grace  of  God  with  the  Law,  and  makes  the  Law  facred 
by  its  conjunction  with,  or  rather  fubferviency  to  God's  grace.  For  this  premifed  , 
nothing  can  be  imagined  more  pleafing  and  profitable  to  the  Reafon  and  Religion  of  a 
prihce,then  the  Laws,  becaufe  they  lead  to  the  chief  good  by  the  beft  aids  j  to  God,  by 
God.  This  is  no  other  then  Scripture  Divinity  ,  God  the  chief  good  apprehended  by 
Faith  in  the  eye,  Hope  in  the  heart,  C  harity  in  the  hand,  Humility  in  the  knee,  per- 
severance in  the  foot,  which  are  all  but  other  wordings  of  grace ,  preventing  and  ac- 
companying. Since  to  attain  thefe,  as  there  is  no  means  but  that  of  Gods  grace  in 
chief,  andoarobfequioufnefs  to  it,  as  the  confequeut  of  it:  fo  are  thofe  to  be  fol- 
lowed to  this  heavenly  purpofe  toto  ccnaminc ,  no  faint,  remifs,  refrafted,  minute  de- 
fires,  will  do  to  purpofe  this  deed.  This  Heaven  on  Earth  is  for  the  violent  and  labori- 
ous Bees,  that  let  no  endeavour  pafsuntryed  to  attain  it ,  refufe  no  hazard  or  toil  to 
conquer  and  atchieve  it.  He  that  wraftles  with  God  in  prayer  night  and  day  ,  he  it  is 
that  does  toto  conamine,  endeavour,  knowledge  of  the  Laws :  For  Conamen  here  figni- 
fies  not  fo  much  the  act,  as  the  endeavour  and  defire  to  it,  which  expreflcs  it  felfin  a 
fixation  and  unmovablenefs  ofintention  upon  it,  when  all  the  man  fets  to  it  (cenari  ma- 
nibus,  pedibus,  is  Te  rence  fays ,)  'tisfuch  anexpreffion  as  Cicero  meant,  when  he 
ufes  magno  conatuftudioque  agere,  to  fet  out  induilry,or  a  c onattts  cum  impe tu,  fuchan 
one,  as  Beafts  and  Bruits  exprefs,  when  they  arc  carryed  to  or  fro  from  things  they 
love  or  hate-,  7 '« do  what  we  do  with  all  our might,  as  Solomon  'swords  are:  This  is  toto 
conamine  addifcere ;  nor  can  it  well  be  other  wife,  for  it  is  in  order  to  the  greateft  and 
utmoft  good,  to  Juftice,  the  delight  of  God,  and  perfection  of  a  Prince :  yet  this , 
though  infilled  on  with  all  imaginable  ftrenuity ,  will  not  be  effe&cd  but  by  grace  •  and 
that  prefent  and  concurring,  nothing  can  be  wanting  •,  That  God  has  declared  the  true 
£/;jr4r  thatjnakes  what  ever  it  touches  partaker  of  its  virtue,  and  transforms  it  from 
what  it  was ,  to  what  Is  more  excellent  ■,  "not  by  Sir  Edward  Kellets  myftical  jugling 
(  no  better  then  commerce  with  Satan  )  whereby  brafs  is  transformed  to  filver  and 
copper-wyre  into  gold,  as  fome  Chymifts  report  him  to  have  done.  For  that  lightly 
and  unlawfully  come  by,  as  lightly  aBdloofely  goes  ^  as  it  is  faid  to  do  with  him,  who 
wasfo  vain  as  to  give  four  thoufand  pounds  worth  of  gold  wyre  away  in  Rings  at  a 
Maid-fervants  Wedding  •,  no'fuch  effect  of  this  Elixar :  Grace ,  it  turns  an  hard  into 
a  foft,  a  proud  into  an  humble,  an  hypocritical  into  a  fincere  heart  ■,  yea,  it  teaches  a 
mantodelightinthcLawofGodintheinwardman,  and  to  be  defervedly  what  Pits 

T  re- 


75 


The  Auihoji's 
Ejaculation. 


Si»ic»tcj»t  eft 

vtdoria  fttgnus. 
non  eft  ex  fe 
itgwii  fed  ex  *Dei 
graruita  volun- 
tatt ,    ipm  ir  di- 
gnum  vtftoria  ef. 
ficit,  &yittorem- 
Bradward,  lib.z, 
c.  6.   ad  fiuem, 
f.+90. 


AnJr.  $.  4. 
Tr»  •  QuitiM  27. 


Theatrum  Chj- 


74-  ^  Commentary  upon  For.tkscue. 

reports  FeckenhArt  Abbot  oipyefiminjler  to  be,  ErAt  in  eo  (  faith  he)  in/ignis  pittas  in 
J*  /S.'"pt(i«       Denm,  mira  chat  it  as  inproximos,  fmguUris  obfervdntid  in  majores,    mitts  dfabHit.is  in 
inftritrts,  inlets  humdnitds  in  omnt:,  multiplex  dotlrina,    r tinnitus  faenniid,   inert ii- 
bilis  Religionis  Cdthtlic*  *.tlm  •,  and  while  a  man  obtains  this  by  the    Law  ,  is  he  not 
amply  compensated  ?  has  he  not  the  utmoft  bhfc,  this  {late  of  viatorinefc  is  capable  of  * 
I  trow  yes,  and  if  fo,  then  the  Laws  of  God  and  men  from  them  are  the  moft  ready 
and  uferul  accomplishments  of  Kings  and  great  men,   becaufe  they  put  them  into  blifs 
in  their  deepeft  miferies,    and  in  the  unnaturalleft  defertions  their  vicifiitudes  can  ac- 
quaint them  with.  For  that  princes  may  be  unhappy  in  accidents  of  life,  is  but  what  has 
w<^E(j"lio'  been,    will  be,  muftbe,   ^  $  rv » it  JbxjfJ-mloi.  Now,  faith  Plutarch,  the  moft  defer- 
jitir°  *  vine  men  have  been  moft  incumbred,  moft  affli&ed,  moft  ruined  -  but  in  that  they  can 

be  chearful,  patienc,  humble,  and  holy,  under  the  preffurcs  Providence  permits  to 
impend  them,  argues  a  great  enablement  from  God,  who  gives  grace  to  thofe  that  beg 
it,  fuitable  to  his  own  glory,  and  their  good 

And  this  1  conceive  our  Text-Mafter  found  experimentally  in  htmfelf,God  had  made 
him  a  Martyr  for  Loyalty,  a  Champion  for  the  Laws,  whom  becaufe  they  could  not 
bend,  (who  would  have  their  wills  the  Law,  and  not  make  the  Law  their  Wills)  they 
refolve  to  banifh,  and  break  in  mind,  fortune,body  •,  and  he,  though  he  had  undoubt- 
edly many  friends  of  Henrj  the  fourth's  party ,  who  would,  and  could  have  made  his 
peace,  and  procured  his  freedom  to  live  at  home ,  yet  he  rather  chofe  to  live  free 
abroad,  then  a  flaveina  freeCountrey  ,  and  under  a  free  Law,  as  Enghni  ought  to 
have  been,  but  was  not.  Hereupon  his  lcifure,  andlofsof  practice  by  bufinefsac 
home,  proves  his  opportunity  toftudy  God,  affliftion,  men,  his  own  heart,  more  and 
MU.u».  more  throughly.  And  now  he  cryes  out,  Jf  it  had  not  been  for  God's  Law  his  delight, 
he  hdd  perijbed  in  hit  dfflittion.Now  he  owns  gratefully  to  God  ,  that  it  was  good  for  him 
tt  be  dffliBed.Novi  the  fruits  and  comforts  of  Juftice  in  his  profeffion,  place,  practice, 
quondamly  return  on  him  the  reward  of  their  integrity  :Sure  he  that  writes  fo  divinely 
of  Juftice,&  prelfcs  the  Law  as  the  Rule  of  Princes  in  it,found  the  Juftice  of  Laws  great 
fubterfuges  to  bis  difconfolacy.and  retreats  to  his  once  miftakes  of  God's  dealings.  The 
greateft  difcovcrics  men  have  of  God's  light  and  truth,are  from  the  midft  of  Lightnings 
and  Thunders,  Affli&ions  Storms  end  in  a  calm  of  merciful  fublevation  ;  when  the 
bufti  burns,  and  is  not  confumed,  lfdae's  throat  is  under  the  knife,then  the  Ram  caught 
by  the  horns  is  welcome  to  Abraham,  as  God's  provifion  for  a  facrifice  of  redemption. 
So  often  as  I  think  of  Patmos,  the  place  of  Saint  fohn's  Revelation  of,  and  profpeft  into 
the  myfteries  of  glory,  of  which  the  fuller  fight  is  referved  for  hereafter,  I  cannot  but 
conclude  our  Chancellour,was  made  what  he  fo  divinelyby  liis  being  driven  from  houfe 
and  home ;  for  now  he  being  taken  ©ff  from  the  troubles  of  vifits ,  and  diftra&ions  of 
bufinefs,  which  ftorm-like,  comein  crouds,  and  crofs  waves  of  different  import,  ha9 
thereby  leifure  to  converfe  with  God,  and  to  commune  with  his  own  heart ;  and  being 
removed  from  the  impulfion  of  this  World's  Hell,  which  by  force  and  fraud  either  ter- 
rifie  or  allure  men  into  fnares.  The  judgment  that  he  ( in  this  condition  of  feparation 
being  more  impartial )  gives,  carryes  the  ftronger  reafon,  and  will  be  more  influen- 
tial.by  how  much  the  more  fincere  it  is  prefumed  to  be,  fince  nothing  fo  embafes  coun- 
fel  and  inftrudhon ,  astheprae-occupationofintereft  ,  to  the  proportion  and  fcope  of 
uu&  j!!tu!!!r*'  which  it  is  often  experimented  mercenary  :  which  being  not  to  be  fufpefted  in  our 
^titm  iH,fi  Chancellour,  renders  his  words  not  onely  fwafive,but  in  a  fort  imperative,  as  they  flow 
fkm«mm*iivi-  from  tne  a|moft  infallible  Oracle  and  Fountain  of  great  Learning,  crave  Experience 
muguu    Hop    entire  Affection,  and  noble  Loyalty. 

perus,  lib.  nnico, 

cipis.    '*    tn        Vtrt  ttfinonhacttmoveanttiuiregnumreclurm  ts,movtbuntte,&  drBabunt  dd  d^,- 
fciflinatnm  legit  Prophet  a  verba,  iicentis,  emdiminirffii  jndieatis  t  err  am. 

Still  our  Text-Mafter  proceeds  to  inculcate  on  the  Prince  a  valuation  of  the  Law , 
which,  though  he  had  by  many  pregnant  Arguments,  commended  to  him,  he  yet  fur, 
ther  urges  from  a  higher  Authority  then  that  ofphilofophers,  and  men  of  age  and  wif- 
dom  :  For  though  it  were  enough  to  youth,  that  antiquity  found  in  the  way  of  righ- 
teoufnefs,  commended  this  or  that  to  them,  becaufe  multitude  ofyears  teach  wifdora , 
and  the  Spirit  of  God  in  that  counfel  or  command  ,  Thru  fk Alt  rife  up  before  the  Hodf- 

bedded, 


^Commentary  upon  Fortes  cue.  75 

headed,  gives  youth  to  know  his  acceptation  of  refpeft  (hewed  to  them,  then  which, 
greater  cannot  be  tcftified  then  to  be  directed  and  inftru&ed  by  them :  yet  the  Chan- 
cellonr  brings  in  the  irrefragable  advice  of  God's  Spirit,  by  the  Kingly  Prophet,  in 
the  perfon  of  Chrift  Jefus,  who  being  the  Prince  of  peace,  as  well  as  power,  allures  all 
his  Delegates,  to  fubmit  themfelves  to  his  Scepter  willingly ,  throughly,   conftantly, 
and  to  be  leflbned,  that  thus  to  do,   is  to  advance  their  power,  and  attone  the  difplea- 
fure,  that  obftinacy  may  treafure  up  againft  them  :  Be  in(trttBed  (faith  he)  ye  Judges 
of  the  Earth.    Now  this  he  brings  in  out  of  the  fecond  Pfalm ,  not  primarily,  (for  then 
he  might  have  been  thought  to  diftruft  the  efficacy  of  his  pre- engagements  of  the  Prin- 
ces reafon,  fincejufhee  lodged  in, and  learned  from  the  Law,  is  of  concern  enough  to 
moveaman,  aPrince,  in  order  toaKing,to  value,  and  endeavour  to  underftand  the 
notion  and  praftice  of  it,  asthe  fine  qui  non,  to  his  very  efTence  and  being  ^fuch.) 
But  the  caufe  that  this  Scripture  is  fuperinduced,  is  rhetorically  to  overbear  the  Prince, 
that  all  excufe  laid  afide,  he  fhould  as  a  man,  and  as  a  King,  inceflantly  apply  himfelf 
to  holy  inilruction  in  the  will  of  God,   revealed  in  his  Law  moral,  and  in  the  extracts 
from  it,  the  National  Laws  fitted  to  his  Government.  For  though  true  it  be,  that  per- 
haps when  our  Chancellour  wrote  to  the  Prince,  Henry  the  Sixth  was  alive  4  or  if  dead, 
the  Prince  was  not  actually  King,  as  in  Title  and  Truth  after  his  Father  the  Chancel- 
loo r  conceived  he  ought  to  have  been  :  yet  the  good  Chancellour  befpeaks  him,  to  pre- 
pare before  againft  the  time  of  tryal,    to  imitate  Solomon's  Pifmire ,  that   laid    up  in 
the  Winter  of  ruines  ftore,  againft  the  Summer  of  rule,  provokes  him  by  all  the  engage- 
ments of  Providence  and  probability,  to  antedate  his  Regality,  and  become  a  King  in 
Learning  and  Endowment,  before  he  becomes  King  infa&and  acknowledgment.  And 
this  he  does  not,  by  kindling  in  him  thoughts  of  revenge,  and  flames  of  abhorrence  to 
thofe  perfons  and  pra&ices,  that  raifed  War  againft  his  Father,and  forced  him  abroad  ; 
yea,    threatned  his  never  return,  but  by  courting  him  to  learn  of  God,  how  to  want, 
and  how  to  abourd  i  how  to  be  without  fubjeft  or  fubfiftance,  and  how  to  ufe  both 
moderately,  and  to  the  ends  of  God's  glory,  and  Govemours  inftitution :  which 
wifely,  ar.d  well  to  learn,  he  direds  him  to  attend  the  counfel  of  holy  David,  a  King 
and  a  Prophet,    Extttroaac  Cafar,    a  man  of  valour,  and  a  Prince  of  piety ,     to  be 
inftrufted,  and  that  becaufe  he  is  to  judge  others :  and  thereupon  that  he  may  not  ei- 
ther not  do  what ,  or  do  otherwifc  then  what  he  ought' to  do  to*men  ,  as  one  of  the 
Judges  of  rhe  Earth,    to  be  well  grounded  in  knowledge,  the  rule  of  aftion.    Now, 
though  I  know  it  becomes  not    any  Subjeft  to  treat  of  the  duties  of  Princes  but  with 
jeverence,  which  many  men  have  forgot  in  their  late  Treatifes  concerning  them  :  yec 
"Thall  1  be  bold  to  touch  upon  this  fubjeft  here,  as  my  method  leads  me,    in  the  Expofi- 
tion  of  this  Scripture,  though  that  but  fhortly,  modeftly,  and  I  hgpe  with  fubmiffive 
wifdom  above  offence.    The  quotation  then  out  of  Pfal.  ii.  3.    Erudimini  ijui  j*dica- 
tis  terrain,  'though  it  was  largely  intended  to  all,  to  whom  inftruftion  is  proper ;  yet 
prefly  and  primarily  was  diredtcd  to  the  great  men  of  the  World,    whom  the  Prophet 
forefaw  to  be  induftrioufly  compofed,  and  pertinacioufly  refolved,   againft  the  recepti- 
onofChriftinhisGofpel,Government,andDoftiine.     Andthis  I  fuppofe the /»/</- 
mifi  had  revealed  to  him  particularly  from  God,  whofe  prefcience  and  omnifcience  dif- 
coveredit  tobefuchin  the  Revolutions  of  time,  and  productions  of  men,  that  both  the 
prenunciation  of  it  might  accord  with  other  Prophecies  in  the  teftimony  and  truth  of 
mens  oppofition  to  the  Son  of  God  ;  and  that  as  the  godly  might  be  prepared  not  to 
ftumblc  at  it ,  fo  the  wicked  might  be  left  without  excufe ,   when  their  pertinacy  fuf- 
fers  the  juft  indignation  of  God's  Son  againft  them. 

Which  premifed,  the  words  have  refpeft  to  fomewbat  implyed,  and  fomewhat  ex- 
prefled  :  The  implication  is,  that  great  men,  Judges  of  the  Earth  ,  need  inftrudion  : 
not  onely  as  they  are  men  in  common  with  others,  fubjefted  to  the  confequences  of 
fin,  which  have  labefaded  all  the  Integrals  of  created  Faculties,  and  made  us  dark  in  our 
Intellects,  averfeinour  Wills,  dull  in  our  affections  to  good  •,  yea,  in  a  fort  eftranged 
ns  from  the  love  of  duty  to,  and  fubjedion  under  God,  bat  as  they  are  perfons  pecu- 
liarly elevated  above  others,  ?pt  to  be  flattered  by,and  inflamed  from  the  vain  delufions 
of  their  Parafites,  that  they  are  made  believe  (unlefs  God  give  them  more  humility  to 
know  themfelves)  the  beft  and  happyeft  of  men,when(God  knows)their  Cedar  hcighth, 
lyes  in  the  ftorro  and  heat  of  all  temptations  -y  and  having  fuch  fnares  about  them,  better 

were 


j6  A  Commentary  upon  Fortes  cue. 

were  it  for  them  to  hear  of  the  frailty  of  man,of  the  juftice  of  God,  of  the  duty  of  hu- 
mility.   Thefe  more  commemorated  in  their  reprefentation  of  thing*  to  them,  would 
render  them  more  happy  in  their  fouls  and  bodies,then  often  they  are.  Ahab  loved  not 
^  -     Micaiah,  the  Holy  Ghoft  fays,  becaufchetoldhimthe  truth.whcn  all  the  Prophets  of 

i  ~ ""  *  Ta?  B**l  covertly  betrayed  him  to  fin  and  judgment ..  yet  Auguftttt  did  not  fo  by  Mtctntu, 
.  «**  '  4 "  when  he  was  more-ftiarp  then  fome  think  he  needed  ;  for  fince  he  kept  him  a  favourite, 
fro^ltyLk.1'  as  one  that  fhould  bring  him  of  anger,  And  cool  his  enragings,  he  gently  bore  ,  yea,  he 
ij.f-sst-  kindly  took,  and  accordingly  dcfiited  from  his  feverity,  when  his  friend  put  in  that  ru- 

brique,  *Av«cti3i,&c.  Arife  Sir,  you  have  been  terrible  enough.  It  is,  1  confefc,  ahap- 
pinefs  to  ferve  Princes  of  mild  and  duftile  natures ,  whofe  hearts  reflcft  on  foft  and 
virtuous  friends  with  candor  and  kindnefs  j  which  Auguftut  was  fo  fretjiient  and  fer- 
vent in,  that  next  to  the  indulgence  of  God,  who  gave  him  a  good  nature,  andado- 
ciblenefs  to  be  guided  by  love  and  experience ,  which  fedates  jealoufic  and  rage ;  he 
owed  as  much  of  his  liability  and  glory  to  his  noble  Livia,  and  his  prudent  Macenatt 
as  to  any  other  Princely  endowment,  or  benediction  he  enjoyed;  which  that  florid, 
ment'T*^  am*  ftuPcn(houfly  eloquent  Moralift  does  incomparably  mention,  Htc  turn  dementi* 
Tio.  Adfalutemfecuritatemaneperduxit,  &.C.     This  Piety,  faith  Seme  a,  aciompaniedvvith 

Clemency,  arrived  him  Atfafety  andfecurity  .-  this  mad.c  him  a  Conqiierour,  before  he  had 
Actually  cone] itered  hit  infoltnt  and  implacable  Foes  i  This,  at  this  day,  makes  him  dead,fd- 
mous  above  mofi  living  Princes  j  men  voluntarily  for  this,  not  by  command,  account  him  of 
a  God-like  goodnefs  ,dcfcendedlj  a  Parent,  andagcod  Prince  to  his  Countrey  j   andthatbt- 
canfe  he  faffed  by  contumelies,  which  Princes  often  take  VDorfe  then  injuries,  and  revenged 
them  not.    Thus  Seneca  of  him.     But  he  could  not  fay  fo  of  Nero,  though  his  Pupil,  and 
one  whom  he  put  more  milk.then  blood,  in  the  principles  of  his  education  ;  his  guin- 
ejuennium  fhewed  what  he  was  from  hisMafters  tuition^cfore  the  vices  of  great nefs,an<J 
the  luxuries  of  effeminacy  had  enchanted  him,  he  ought  to  have  reafoned  with  himfclf, 
Ego  ex  omnibus  mortalibns  placui,cletltifauc  fum  ejui  in  terris  deorum  vice  f anger er,  &c. 
lit. t.  De  Clem.   I  y0f  all„en,  am  favoured  of  the  Gods, .  and  deputed  to  be  their  Deputy  on  Earth;    this  fa- 
vour and  prelatUn,  {ball  not  make  me  wrathful  andcruel ;  nor  [hall  either  the  heat  ofyouth% 
or  the  rail  nefs  of  choler,or  the  vain'glerj  of  being  k»own  in  my  dreadful  power,  prcv»ke  me 
to  befavage  :  but  ny  ambition  JhaH  be  to  purehafe  glory  by  virtue,  and  to  earrj  the  [word 
a*  an  emblem  of  feverity  to  awe  vice,  but  to  fupfert  virtue  :  fo  will  I  be  ruled  by  Law  and 
Reafon,  At  if  1  kept  them  within  my  heart,    and  would  make  ufe  of. them  at  I  hadtcca/ton. 
This  ought  to  have  been  bis  thoughts, and  according  to  this  his  Mafler.theCultivator  of 
him,hoped  he  would  prove.     But  Nero  had  fo  debauched  his  mind  by  effeminate  tran- 
fports,that  all  the  imbibings  of  his  educations  were  expectorated.  Now  all  the  Lenitives 
and  Morals  that  art  can  prefcribe ,  are  Apocryphal,  and  come  too  late  either  to  be  wel- 
come, or  followed.  Nero  was  proceeded  Tyger,  fuch  a  degree  in  inhumanity,as  had  no 
name  before  him.To  tell  him,»o»  regem  decetfava,&inexerabilis  ira,to  proclaim  to  him 
affability,love,comp!yance,  as  that  which  would  not  make  him  execrable.but  adorable, 
was  fuch  a  Solaecifm  to  his  ranting  Rcfolution,  that  he  counted  it  melius  ncn  nafci  quam 
?•/»*  *<iei  f»i      inter  publico  bono  natos  numerari  ■,  yea,    fo  impatiently  did  he  fuffer  his  fury  to  be  in 
d,f,imitu  ru*fit,*t  danger  of  allaying,  by  themildnefsof  hisMaftcr,  andthemajeftyofhis  Reafon,  that 
m7duTmZnJur    ^e  °Pencd  tyrannoufly  the  veins  of  that  body  ,  the  foul  whereof  lodging  in  the  blood 
Tunonfve  K«  •  and  fpirits  then  expiring,  had  impregnated  him  with  better  prirciples.     Die  Seneca  did 
rone.  a  Martyr  to  Ne  re's  rage,  who  endeavoured  to  make  Nero  mild  and  virtuous?  I  could 

tell  you  of  Demetrius  Poliorcetes,  fauf anion,  the  Lacedemonian  Alcibiades,  Agathocles, 
Pififiratus,  Sylla,  Catiline, Mark_  Anthony ,  Domitian,  Manuel  Cmnenus,  Oj^Kingof 
Mercia,  Pope  Alexander  the  Sixth  :  All  which,  ar.d  fundry  others,  who  had  emi- 
nent vices  as  well  as  virtues,  and  r.ot  well  obferving  the  Rules  of  praftiquc  virtue,  had 
need  to  be  inftructed  againft  forgetting  God,  tbemfelves,  and  their  people.  .  Thiscon- 
firms,  that  they  need  inftru&ion  ,  becaufe  their  plethorique  fortunes  and  ftations  are 
fubjeft  to  more  predominant  vices,  and  their  ears  are  lefj  (then  is  neceffary  )  fuppled 
by  virtuous  freedoms,  and  fcrious  monitions,  foftning  the  heart, and  lifting  it  up  in  gra-j 
titude  to  God. 
C  to  Eicon  b»-  Tnisour  late  manyr'd  King  Charles  the  Firft,  confidering,  breaks  out  into  this  ex- 
fiL/.H7.  preffion,    Publi<\uc  Reformers  had  need  firfi  act  in  private,  and  practice  that  en  their  own 

hearts,   which  they  purpofe  to  try  en  ethers.     Chriji's  Government  will  confirm  mine,  not 

uver- 


A  Commentary  upon  Fortes  cue.  77 

tverthroW  it,fince>as  Iorvn  mine  from  him  ;feldefire  to  rule  far  his' glory, andthc  Churches 
good.  So  he  that  was  the  bell  of  men  and  Kings  his  contemporaries  ,  difcovercd  the 
teachings  of  God  to  him  in  his  afflictions :  And  as  that  they  need  inftrud:ion,is  implyed, 
fo  that  they  may,  and  ought  to  be  inftru&ed,  is  expreffed,  and  that  by  a  King,  Peer  to 
any  Succcflbur  mKing(hip,anda  Prophet, which  no  King  after  him  I  think  was,  Sola- 
mon  cxcepted,who  was  his  Son  •,  if  a  Prophet  he  was,  which  I  am  not  Aire  of. 

Erudimini,  faid  he,  to  the  Judges  of  the  Earth,who  was  himfelf  a  Judge  of  the  Earth- 
not  thereby  to  become  an  authority  to  infolcnt  fpirits,  to  reproach  or  difcover  the  na- 
kednefs  of  Princes,  if  any  fuch  there  be,  as  Ch*ms  in  all  times  have  curfedly  done :  no, 
nor  to  render  Majefty  cheap  by  thefe  abafemen:s,  which  even  fufpition  of  defeft  in  feme 
degree,occafions.     But  the  Erud.mini  here  is,  ImSj  x)  awM^Hy  t»  pug*  ,  'tis  to  follow 
and  imitate  nature,  embrace  f'ain  and  naked  truth,  d'urn  fuauoif  <op%n-/tvi ,  to  fee  good 
Laws  and  right  ("enfiitutions  obeyed  in  aH  farts  of  Government,  as  P  kilo's  words  are  ;  and  £/t  Deremu-. 
this  to  do,    as  to  do  it,  is  that  which  is  infculft  on  the  Table  of  man's  heart, to  obey  God,  lentia,  ^,ts 
Vvho  has  fixed  Governors  to  rule  for  him,  and  will  have  account  of  their  trufts  from  them..     ^s6u 
So  is  it  to  be  followers  of  God  as  dear  children,  in  all  thofeimitableafts,whkhasa  Father, 
and  King  of  order,    he  propofes  to  them  in  his  example.    The  prophetique  King  here 
takes  great  men  to  task  as  their  Monitor,   and  he  bids  them,  ^PJP,  cafligate  vos,  he 
bids  them  underftand,  that  whereas  God  has  given  them  exemption  from  mens  cafti- 
gation,  yet  he  requires  they  fhould  reftrain  and  curb  themfelves^  for  the  root,  "ID Vf 
ligmfiesfuchareftnftion,  as  men  in  bonds  and  fetters  have,  ne  fro  fua  libidine  evagt-  Pagniru, ;. 
t»r  &  vivat :  'tis  not  barely  to  know ;  for  that  the  Holy  Ghoft   have  exprefledby  Y«bo. 
^|Jr1 ,  for  of  that  the  wife  King  fpeaketh,    Prou.  xxii.  6.    Teach  a  child  in  the  trade  of 
his  jouth,  that  is,  as  Rabbi  Jonah  expounds  it,  teach  him  faufatim  faulatim,utfcrre  fof- 
fit  ■,  nor  is  it  an  inftrudtion  like  that  of  Tyro's,  who  learn  methods  of  War  and  Com- 
bat by  exercife  ■,  for  then  the  word  would  have  been  !®7,  as  the  Pfalmifl  ufesit, 
Pfdl.  xxxiv.  i » .  Come  mj  little  children,  hearken  unto  mi,  and  IwiH  teach  you  the  fear  of 
the  Ltrd:  norisTt  HT,  fuch  a  fear  as  is  preparatory  to  God's  inftrucrion,    fuch,  at 
Kimchi  fays,  implyes,  frjtparationem  verboram  cujuspiam  in  alterum  cum  rationibus  & 
o&cn ficne  juris -,  but  it  is  chiefly  ~*Q\ ,  that  is  here  ufed.  And  the  Prophet's  fcnk  is, Learn 
to  k»oV?  God's  mercy  to  you,  that  though  he  has  prelated  you,  yet  Vis,    that  you  fhould 
deny  your  felves  what  you  might,    to  do  what  you  ought.     This  is  that  the  holy  King 
invites  his  fellow  Kings  to  ■,  and  the  holy  Prophet  counfels  them  that  govern  the  Earth, 
in  God's  name  to  do  ^  and  that  becaufe  they  are;  udicare  terram.     Indeed,   theconGde- 
ration  of  duties  incumbent  on  men  in  power,  fhould  make  them  as  lefs  feekers,  fo  lefs 
ferversof  themfelves  in  it :  for  befides  that  it  is  a  burthen  roo  heavy  for  the  mod  At- 
Untietnt  fhoulders,  which  has  ever  been  the  reafon  why  Deputations  have  been  fo  fre- 
quent, and,  that  of  old,  as  Jethro  counfelled  Mofes  ,    and  as  Patercnlus  tells  us,  was 
among  the  Romanes,  and  as  is  in  ufe  at  this  day  with    us ,  snd 

amongft  our  Neighbours.     Men  in  power  had  need  to  have  extra-     \,ri  •**««»«  «*•»*. »«» w*j»'»  «^'<«»"k"  ** 
ordinary  parts,  and  felf-matteries,  to  know  and  perform  their  pla-    S£SBft3^tt£ 
ces  to  a  confeientious  and  creditable  latitude.    Cod  requires  Ta-     vmmm,  «f  i,Vm  Aujuftm,  M.Agnppa 
lenrs  for  Talents,    every  ten  Talents  of  power  mult  have  ten  Ta-    ^"'^^fft«i!ior.uIo.,».t>.i«.vi»« 
lentsotjulhcetomen,  and  glory  to  God  returned  tor  it.     And    c^^tm.trmmfhiffL,,  &  H»ft"r'"»i"ra: 
hence  comes  it  to  pafs,  that  the  Erudimini  here  has  much  more  in    turfaanUtu.  Patercui  UK  i. 
thefcope,  then  the  meer  phrafe  carryes  with  it.     For  my  part,  I 
humbly  conceive  thofe  three  heads  of  Saint  Paul's,  predicated  of  the  Gofpels  Revela- 
tion, that  is ,  teacheth  to  deny  ungodlynefs,  and  to  live  foberly,  righteoufly,  and  godly  in  this   x  T'""  "' 
frefent  evil  World,  is  whatever  this  Erudimini  imports,  nay,  whatever  God  has  in  ex. 
perflation  from  Kings, the  bed  and  God-Iikeft  of  men.     To  Ave  foberly  to  ones  felf,  fo 
as  to  have  a  reverence  to  ones  body,  becomes  every  man,   but  efpecially  a  Prince,  be- 
caufe he  is  9«or  t2  ,  a  diety  inflejh  •,  and  if  he  be  the  Oracle  that  men  repair  to  for  fe- 
tation of  doufcs,  reparation  of  wrongs,  prefervation  from  violence,  and  example  to 
virtue  ;  to  keep  his  head  cool,  his  affections  reftrained,  his  defires  moderate,  isthe  way 
to  be  quadrate  to  bis  dignity,  then  he  will  not  errein  judgment,   when  he  judges  im- 
partially firft  his  own  body  and  foul,  and  keeps  fuch  quarter  in  them ,  *(ht  ii  ir^n 
ftitof,  ice.     that  ht  fuffers  nothing  to  be  done  by  him,    but  Vvhet  is  fuitable  to  nature's 
rule,  and  tht  good  of  Mankjnd.    This  the  Emperour  M*r\  Arttnnus  prefcribes.  This  J„  citaket'i*' 

V  takes 


7» 


LiiA.  StH.il. 

In  i'i4.4.  Ii|. 

f.  145.  Coin- 
raemar. 
Sf,fl.  I». 


Ety  xt».  if. 


Lit.  (.  Seff.to. 
f.ff 


Hift.Nat.  U.c.t. 


King  7  *««  to 
Trince  tf»w/. 
/i*. I .  Bafitic. 
DOr»n,  Smnrt 
before  the  firft 
Soolt. 


y^  Commentary  w/ww  Fortescue. 

takes  off  all  thofe  exubcrancei,that  befot  andlofe  princes  in  obfeenity  and  difloluteneft. 
To  live  nghteoufly,  that  is  the  joy  of  all  Subjects  •,  becaufewherc  it  is  radicated  iuthe 
foul, 'twill  diftribute  it  fclfinallexpreffions  of  power.  The  fame  Fmpereur  gives  a 
noble  advice  p)  ^rufft^/SiAti,  nottovtander  from  the  puntl  and  indivifibility  tffuftice, 
but  ever  to  have  juftice  as  the  Rudder  that  fleers  us  ,  im  fdm  f  *r1«tn<tf  ,  ckc.  n  witch 
over  the  tnder  Handing,  and  hold  it  free  from  love  of any  appearam  e.  The  learned  Gata- 
Ittr  glofles  thus  on  the  words,  Ne  aberres  vel  tantum,  aut  ab  aquitate  in  contttibus,  nut  k 
veritate  in  affentienibus.lhii  is  that  which  Settee*  magnifies  fo,  in  that  it  does  not  virtu- 
tem  dare  voluptati ,  fed  nullum  bonum  putat  nifi  hone  ft  um  ,  ana  nee  hominis  nee  fortune 
tnnneribus  deltniri  foteft,  cujus  hoc  fretium  eft,  nen  pe{fe  pracio  capi.  But  to  live  godly, 
that's  the  top-leffon  of  Princes,  'tis  dobtrina  principi  cengrua  ,  becaufe  it  keeps  all  the 
Sp  ings  and  Artifices  of  aftion  and  contemplation  in  awe  ■,  God  himfelf  declares  ihisufe 
to  be  made  of  it,  1 4m  a  great  King,  faith  the  Lord  of  Hofts,  and  Ifwear  bj  mjfelf 
ever j  kneeJhaM  bow  to  me.  Kings,  though  compared  to  men,  they  are  Gods,  not  to  be 
bowed  againlt  their  wills,but  to  be  bowed  to  that  they  may  will  well^  yet  to  God,they 
are  men  fubjeft  to  his  Iron  Rod,  and  his  word  of  mutation  works  on  their  fouls,  bo- 
dies, and  affairs.  Hence,  not  onely  the  Apoftle  prefixes  the  true  fear  of  God  to  the 
honour  of  the  King  •,  but  Antoninus,  according  to  the  fenfe  of  Scripture,  gives  the  rule 
to  all  Kings,  as  well  as  other,  a!J>*  GiSf.  Fear,  faith  he,  the  Gods,  and  then  ai^t  dvZfi- 
w«,  preferve  men.  AH  government  of  men  ought  to  be  to  that  end,  which  Julian  al- 
1  cadges  Marcus  Antoninus  toanfoer  to  Silenus ,  ri  (UfxiiS^  r*<  8tJf ,  So  to  live  over 
men ,  at  to  be  both  juft  and  merciful  to  them  ,  as  God  is  juft  in  point  of  pnnifhing  errours, 
merciful  in  point  of  relaxing  burthens.  Veus  eft  mortalis  juvare  mortalem  ,  &  hac  ad 
attrnam  gloriam  via,  hie  eft  vetuftijftmus  refer endi  bene  merentibus gratiam  mos,ut  tales 
numinibus  adferibant,  faith  Pliuj. 

So  that  all  thefe  confidered,  the£r»Jj»w»»»herehasmuchinit,  and  aftrong  force  it 
carryes  to  the  gaining  of  Princes  to  follow  it,if  they  would  be  fubjeft  to  the  reafon  of  it, 
the  Prophet  is  no  lax  and  faint  Rhetorician  in  this  foft,  yet  (ignificant  language  ;  but  he 
does  by  a  pathetique,  arlxare  &  movere  verbis,  as  our  Text-Mafter  comments  on  him  ■, 
he  does  movere  vigore,ind  arUare  ratione,nni  as  he  fets  all  his  fpiritual  love  on  work  to 
perfwade ,  fo  all  his  learned  Reafon  to  compel  and  over- rule  the  Judges  of  the  Earth, 
fcire  inftitutum  Bet,  &fequi  difciplinatum  legis ;  for  at  learned  King  fames  of  happy 
memory  once  wrote. 

God  gives  not  Kings  theftile  of  Gods  in  vain, 
For  on  his  Throne  his  Scepter  do  they  fway, 
And,  as  their  Subjetls,  ought  them  to  obey, 
So  Kings  Jhould  fear ,  and  ferve  their  God  again. 
If  then  you  weuld  enjoy  a  happy  Reign, 
Obferve  the  Statutes  of  your  Heavenly  Kinir, 
And  from  his  Law  make  all  jour  Laws  tefpring, 
Since  his  Lieutenant  here  ye  Jhould  remain. 
Regard  the  juft,  beftedfaft,  true,  and  plain, 
Reprefs  the  proud,  maintaining  aje  the  right,     • 
Walk^always  fo,  as  ever  in  his  fight, 
Who  guards  the  godly,  plaguing  the  prephane  j 
And  fo  ye  fhaUin  Princely  virtues  Jhine, 
Refembling  right  your  mighty  King  Divine. 

And  this  our  Chancellour  fetting  out  fo  emphatically,  makes  me  conclude  him  to  be 
Rara  avis  in  terris.  One  in  his  own  foul  fo  juft,  and  fo  inceffant  an  Oratour  with  the 
prince,  for  Law  and  Juftice  according  to  it,  that  to  other  Acurfiuflcs ,  Legulei  viliora 
eligentes,  non  juris  confulti,  as  Budaus  words  it,  he  deferves  to  be  accounted  a  Servius,  a 
Pomponius,  a  what  not,  that  proclaims  him  a  Saint  of  the  Long-  Robe :  And  as  Bu-» 
dtus  wiftied  to  France  in  his  time,  (and  a  learned  and  wife  Chancellour  he  in  his  time 
was )  fo  in  my  humble  and  hearty  wifh  to  England,  Vtinam  vero  nunc  tresfervos  ha- 
beremus  pro  fexcentis  iUis  Accurpanis,  id  eft,  tres  virosjuftos,  pios,germanif«ue,&  ut  ita 
dieam,  majorum  gentium  juris  confultos ;  that  is,  fay  I,not  as  he,  in  the  fpecifique  words,' 

but 


/Commentary  upon  Fortes  cue.  jp 

butinanalogieofgood  withes,  would  to  God  we  had  rr.oie  good,  and  lefs  bad  Law- 
yers then  we  have.  And  this  I  wifh,for  God,  the  King,  and  the  Countreys  fake,  that 
Religion,  Allegiance,  Jultice,and  Charity,  might  be,  by  their  Learning  and  practice, 
the  more  and  better  promoted.    But  1  return  to  the  Text. 

jv*0*  enim  ad  eruditionem  artisfaClivt.  aut  mechanic*  titc  movtt  Frophetd,  cum  non  dh 

f<rf,Erudimini  qui  colitis  terram,  nee  ad  eruditionem  fcientu  tantum  theoretic* 

quamvis  of fortunaj "uerit  incolis  terra,  quia  gtneraliier  non  dicit,  Erudimini  qui 

inh.xbitatis  terram,  fed  folttm  ad  difciplinam  legis,  quA  judiciaredduntur,  reges 

ffecialiter  invitat  prophet  a  in  his  verbis ,  Erudimini  qui  judicatis  ti  rram. 

Thefe  words  our  Text-Mafler  adds,  as  an  expatiation  and  ornament  of  his  main  Ar- 
gument ;  not  that  he  thought  it  not  fufficient  to  carry  the  weight  he  fuperftructed  it , 
but  to  obviate  any  miftake  of  the  fenfe  of  Scripture,  apt  to  be  diftorted  through  pee- 
vifhnefs,  or  miftaken  by  ignorance.  To  redifie  which  digreffions,  from  the  intend- 
ment of  the  Prophet,  our  Chanccllour  propofes  this  allegation  of  the  Holy  Ghoft's,  as 
directly  relative  to  Rulers  of  all  ranks  -,  not  onely  as  they  are  men,  for  fo  they  are  con- 
cerned in  common  with  all  others ;  but  alfo,  and  chiefly,  as  they  are  the  higheft  and 
molt  influential  of  men,  either  to  good  or  evil.  And  becaufe  they  may  be  engaged  to 
do  good,their  Architect  who  has  built  their  power  fo  many  Stories  high  beyond  other 
mens,  whofe  foundations  are  more  in  the  duft,  and  whofe  houfes  are  of  Clay,  when 
theirs  are  of  Cedar  and  Marble  ■,  whofe  Companions  are  the  Dogs  of  the  Flock,  when 
thefe  fit  among  the  Gods ,  is  by  the  Prophet  more  prefly  catechetiquc  to  Princes , 
not  onely  to  call  them  to,  but  to  inftigate  them  by  the  commemoration  of  their 
received  bounties  from  God,  to  learn  their  duty,  and  practice  their  fubjection  to,  and 
zeal  for  him,  that  has  fo  dignified  them. 

It's  true  indeed,  there  is  an  Erudimini,  which  all  men,  at  all  times,  in  all  ftations, 
need  j  the  Apoftle,by  the  Spirit  of  God,  callson  Chriftians  to  ftudy,and  exhibit  to  view 
that  Catholicon  that  cures  prejudice,and  commends  to  peace  and  Charity,  Let  jour  mo-  Phil . ' 
deration,  faith  he,  be  known  to  aS;  and  there  are  particular  Scriptures  exhortative  to 
men  inmechanique  and  active  Callings,   which  are  to  be  heeded,  God  has  left  no  man 
without  his  mor  talis  genius,  his  hJlv  futtsnexn ;  yea,    and  his  Monitor  from  above, 
fuch  Scripture -dictates  as  if  he  follow,    he  will  pleafe  God,  and  pleafure  hirofelf  in 
the  peace  of  a  rightly  informed  from,  and  rightly  conforming  Confcience  to,God.  To 
this  purpofe  are  Scriptures  applicable  to  particular  conditions :     The  Priefts  are  to  read 
the  Law,  to  freferve  their  favour  as fait,    and  luftre  m  light,  toftudy  to  fbew  them/elves  Mirk*f«. 
workmen-,  To  carry  Cnhiences  void  of offence  both  towards  God,  and  towards  men  ;  To  *  J",1"^,15' 
become  all  to  alt, that  they  may  gain  fome-,  and  the  pecfle  are  to  enquire  the  Law  at  the  Priefts    Mal.j  ,7!    : 
lips.     Count^thofe  that  labour  in  the  Word  and  Doctrine  worthy  of  double  honour -,    receive   \  T,m  ,,,7- 
•with  all  metknefs  the  ingrafted  Word  able  tofave  their  fouls ;  To  labour  to  make  their  cal-   ;*  pl't'iVo. 
ling  and  eUUionfure  -,   To  prefs  forward  to  the  markj>fthe  price  of  the  high  calling  of  Cod  phil  J>4. 
»"*  thrift  Jefus.    Thefe,   and  fuch  like  Scriptures ,  are  accommodated  for  inftruction 
of  Prieft  and  People. 

There  are  other  Scriptures  adapted  to  other  purpofesofpractickufe.not  to  be  proud,  jam  4*. 
for  God  rcfifts  the  proud  ■,   not  to  glory  in  abundant  Revelations,  not  -m^itvl*  -nt/jctA*   Ada«- c,liLl- 
v*htt/li(*ir,to  lift  up  our  horn  on  high-,  not  to  glory  in  riches,  wifdom,  beauty,  ftrength,  i,'"'^.^*8" 
but  to  glory  in  this,  that  we  know  God  ;  to  glory  in  the  crofs  of  our  Lord  Jefus,whcre-  J«  »•*»• 
by  the  World  is  crucified  unto  us,  and  we  nnto  the  World.  To  Parents,  not  to  provoke  GaU,I+> 
their  Children  ■,  to  Children,  not  to  difobey  their  Parents  •  to  Servants.to  be  obedient  zphcCfi.f,*. 
to  their  Matters  ■,  and  to  Matters,  not  to  be  hard  and  fevere  to  them  •,  to  Wives,  to  fub- 
mit  themfelves  to  their  own  Husbands  ■,   and  to  Husbands,  to  love  their  Wives  as  their  Ephcf  s "*"• 
ownflefhv  to  Chriftians,to  love  one  another,  and  to  provoke  each  other  to  love,  and 
to  good  works  •,  to  Souldiers,  to  be  content  with  their  wages,  and  to  do  violence  to  no  Luk«  ,..l4 
man.  To  Schollers,  to  be  wife  to  fobriety,  and  not  to  feared  into  the  fecret  things  which 
belong  to  God,but  content  themfelves  with  things  revealed.     To  people,  toobey  thofc  DcuuM»' 
that  are  fet  over  them.    To  fear  God,  and  honour  the  King,  and  to  give  fubjection  to  Heb1JI7, . 
every  Ordinance  of  man,for  the  Lord's  fake.     Thefe,  and  fuch  like  knptuces,  are  in-  iPet.i.u'. 
ferted  into  God's  Holy  Word,as  particular  documents,  to  particular  perfons,  ftations, 

degrees 


So 


Eicon.  BaGlte. 
».i».f.i77. 


Bafilicon.  Do- 
ion.  "Sttk^t. 
f.l+t.fii. 


LiL.4.St8.1. 
f.li. 

Gatakeri     An- 
notat.   n/it+. 
fiB.Lf.  11  a. 


Quid  in  C'f'ti' 
bits  rarum  tonff 
riei  perftiua  fa- 

Ftaftn.  >»  Epift. 
«W  Suetonium 
DcAuguflo. 


A  Commentary  upon  Fortes  cue. 

degrees  of  men.  But  this  Scripture  before  us,  Erudiminiquijr.dicatisterram,  is  the 
Scripture  that  concerns  Kings  and  Judges,  that  they  fhould  conlider  what  God  requires 
from  them,and  what  their  Prelacies,  ex  tam,  imports  them  to  do.  And  this,  ir  ever 
any  man  did,  1  believe  our  late  King  Charles  the  blcffed ,  was  taught  by  God  to  do  : 
Hear  him,  /  never  had any  vittory  ,which  was  without  myforrow,  becAufe  it  was  on  mint 
own  Snb)elts,  who,-likj  Abfdom,  dyed  many  of them  in  their  fin  -,  and  jet  I  never  fuffercd 
any  defeat ,  which  made  me  defpair  of  God's  mercy  and  defence  :  when  Providence  gave 
me,  or  denied  me  vttlory,  my  defire  V?at  neither  to  bsaft  of  my  power  ,  nor  to  charge  God 
foolifily,  ^ho  I  believed  at  lafr  would  make  all  things  workje.gether  for  my  good.  I  wijhed 
no  greater  advantages  by  the  War,  then  to  bring  mine  enemies  to  moderation,and  my  friends 
to  peace.  J  Was  afraid  of  the  temptations  of  an  abfclute  Conqueft,  and  never  prayed  more 
for  viClory  over  others,  then  over  my  felf :  when  the  fir ft  wot  denied  me ,  the  fecond  teas 
granted  me,  which  God  faw  befi  for  me.  This  was  the  Piety  and  probity  of  a  King,  vi- 
vendoncbilis,  moriendo  nobiiior ;  which  I  believe  he  had  conveyed  to  him,  through  the 
mercy  of  God,  by  the  inftruftions  of  his  learned  and  pious  Father  of  happy  memory 
King  fames,  the  firft  Kirg  of  England  of  his  name,and  the  fecond  Solomon  in  the  World, 
as  I  believe.  For  hear  him,  concerning  a  King's  Chrillian  duty  towards  God.  Thmk\ 
net  therefore  that  the  highnefs  of  your  dignity  diminijheth  your  faults,  much  lefs  givtth  you  « 
licence  to  fin  •,  but  by  the  contrary, your  fault  Jball  be  aggravated,  accord  ng  to  the  height-h 
of your  dignity ,  any  fin  that  ye  commit  not  being  a  finglt  Jin,  froeuring  but  the  fa.lcfene. 
but  being  an  exemplare  fin ,  and  therefore  drawing  the  whole  multitude  to  be  guilty  of  the 
fame-,  remember  then  that  this  glittering  worldly  glory  of  Kings  is  given  them  by  God,  to 
teach  them  to  preafe,fo  to  glitter  andfhine  before  their  people,  in  all  works  of  fan&ificatiott 
and  righteov.fnefs,  that  their  perfons,as  bright  lamps  tfgodljnefs  and  virtue,  may,  going  in 
and  out  before  their  people,  give  light  to  all their  ft eps.  And  in  the  fecond  Book,  treating 
of  the  King's  duty  in  his  office,  he  faith,  A  good  King  thinking  his  higheft  honour  to  con- 
f.fi  in  the  difcharge  if  his  calling,  emtloyeth  all.his  ftudy  and  pains  to  procure  and  n.aintaus% 
by  the  making  and  execution  of  good  Laws,  the  welfare  and  peace  of  his  people ;  and  as  their 
natural  Father,  and  kindly  Mafter,  thinkjth  his  greateft  contentment  ftandeth  in  their 
profperity,  and  his  greateft  furety,  in  having  their  hearts,  f/ibjetling  his  own  private  affe- 
ctions and  appetites  to  the  weal  and  fianding  of his  Subjects,  ever  thinking  the  common  in- 
tercft  his  chiefeft  particular  ;  which,  by  the  contrary  ,  an  ufurping  Tyrant  thinking  his 
greatest  honour  and  felicity  to  confift  in  at  taining  per  fas  vel  nefas,  to  his  ambitious  pre- 
tences, thinkrth  never  himfelffttre,  but  by  the  diffenticn  andfatlions  among  his  people,  and 
counterfeiting  the  Saint,  while  he  once  creep  in  credit,  Will  then  (by  invert  ng  all  good 
Laws,  to  fervconc/v  for  his  unruly  private  aff  eel  ons)  frame  the  Common-wealth  ever  to 
advance  his  particular,  building  his  furety  upen  his  peoples  mifery,  and  in  the  end,  as  a 
fiep-fathir,  and  an  uncouth  hireling,  make  up  his  own  hand,  upon  theruinesoftheRefub- 
lique.  Thus  ircomparably  that  King. 

By  thefe,  and  the  like  fenfes,  which  good  Kings  have  had  oi  their  duty  to  God  and 
men,  it  appears,  that  the  Prophet's  words  here  to  Kings,  are  of  more  confequence,  by 
how  much  they  tend  by  the  greateft  project  ,to  erd  in  the  greateft  emolument,  that  of 
Kings  bettered  both  to  God  and  men  in  their  beneficence,  as  I  may  fo  fay  to  both,  in 
that  they  do  as  Marcus  Antcninus  advifes,  MtiJiv  hityyt^ut  «'x»,  &c.  Do  nothing  rajbly 
nor  vainly,  nor  other  wife,  then  as  exactly  correfpends  with  the  rule.  When  they  do  as 
Artifts  do,  in  mint<tijfimis  quibufque  artisfua,  &  pracepta  ob/ervant,  &  fpecimen  edunt, 
it  a  &  Apelles  ex  tinea  unlet  dutlufolo,  Protegeni  inmtuit,  faith  this  learned  Commen- 
tator on  him. 

Which  confidertd,  as  good  Princes  are  to  be  ever  folicitous  of  their  duties,  and  vigi- 
lant over  their  thought*  and  works,  that  they  warder  not  to  an  eccentricity,  and  difho- 
nour  themfelves  by  the  re:urns  of  the  ventures  they  have  made  unhappily  on  them: 
So  are  all  good  Subjects  to  pray  for  their  Princes  in  fecrct,  and  pitry  their  temptation?, 
rather  then  revile  their  feduc^ions  by  them.  I  or  Princes  had  need  of  great  graces,  and 
felf-  denials,  that  remain  virtuous,  where  every  Wit,  every  Beauty,  every  Courage, 
is  their  humble  Servant,  and  gives  themfelves  a  free-will  offering  to  before  they  aifc, 
them..  No  wonder  then  the  fear  of  God  is  Called  the  beginning  ofwifdom,i\A  fufiice  the 
eftablifber  of  the  Throne,  and  both  prcfled  by  our  Chancellour  from  Afofes  and  S»lo~ 
won,  asPrefcriptstoKings,  becaufe  they  being  in  excelfo  pofiti ,    as  they  hav  e  gre.at 

ilorms 


A  Commentary  upon  Fortes  cue.  8t 

ftorms  to  fhake  them,  fo  had  need  to  be  firmly  rooted  in  the  love  of  God  ,  and  in  care 
and  watchfulnefs  over  themfelves,    for  their  Subjects  fakes.     Yor  if  they  that  are  the 
Guard  be  furprized  ■,  if  the  Wall  of  the  Vineyard  be  broken  down  •,    if  the  fticpheard 
wander  out  of  the  way,  and  bcloft  in  the  Wildernefs  of  fin,    where  no  path  of  God  is;  Mli„  frincife, 
Religion,Peace,Order,  Honefty,  Renown,  Power,  all,  evaporates  anddiffolves ,  Kings  /*«*•"  »•>*•*  '»• 
are  Bonds  that  keep  all  together  they  are  nerves  and  finews ,  veins  and  arteries,   that  ",T,^,,"ZZm. 
preferve  ftrength,  and  convey  nutriment  to  the  body  :  they  are  Suns,  and  Moons,  and  /•««*»«  dtuit- 
Stars,  all  Conftellations  of  felicity  to  the inferiour  World  their  Subjects,  who  move  *"*•      . 
from'them,  if  they  keep  their  brightnefs  by  day  and  night,  fufferingnofintaftativeof  rc°panc0usm 
the  Confidence  to  reign  in  and  over  them  ■,  but  by  humility,and  feverity  of  life,  refcue 
themfelves  from  the  Hciipfes  ofimmortalities ■,     All  the  World  will  love  and  fear  them,  ^"'dTocaffio 
as  good.and  great,  and  all  mouthes  will  be  filled  with  acclamation  of  ihem,  as  they  did  f.  i56.  Rom/ 
in  So  lo  man's  Cafe ;   B'efiedbc  God  who  has  given to'Dn\\<i a  wife  Son  to  reign    over  this  ?j"PtctU1?;.    . 
great  People  ■,   and  as  they  did  to  Antoninus,  whom  the  Senate  acclamated  thus ,     An-  sevenj^.iog"'" 
tonine  fie,  diite feruent.     The  like  to  Alexander,  (b)   to  Seuerus,(c)  to  Gordianus,{d)  (')  Capitoiimu 
to  Claudius,  (e)  toTacitus,  (/)  to  Probus.  (g)    Yea,  'twill  be  faid  of  them,  as  JjKKfc 
'twas  of  the  Medkean  Family.     In  Cofmo  Mcdiceo/#<7  hoe  in  frimis  admirandum,dic.  («)  Ttebe'.iius 
This  was  mofi  admirable  in  Cofmo  Medices,  that  though  he  himfelf  were  unlearned,  he  lfl^'^l7',fe 
loved  the  Lear»ed,and  allured  them  to  him  by  rewards  and  honours  ;    and  his  Father  Lau-  pn*. 
rentius  Medices  w*s  both  himfelfa  learned  man,  and  lovedthe  learned  -,    which  eaufed  the  (£)ld*m'  M»J- 
World  to  fay, that  the  family  of Medices,  were  the  Patrons  of  Learning,  who  rcftored  Arts  nJ^/Lwnem 
almost  lt(t, and  gave  the  Greek  and  Latine  Tongues  a  refurreition  in  their  learning  and  *  Pontii.i»Prs- 
bountj.  Oh  'tis  a  rarcCharader  the  Princely  PopeZr«  the  io'1'  has,7»  iSt  orbis  amor, Sic.  '■"• '""  Vllli™- 
Th»u,0  peered  \xo,art  the  Worlds  darling  and  delight, the  reflorer  of  Peace, the  determiner   uirichus  Hntte- 
of War,  the  authour  tffafetj,thefetlcr  of  troubles, the  Father  of  Studies, the  Nurfe  of  Arts,   "u«  dc  L«>ne 
the  reftorer  of  att decay  in  Science.  For  when  a  Prince  follows  the  Orator's  rule,  xf »  t3?  xa;tfe%[^xl' 
«p^o»7*  icaKliM,  &f.     when  hffeeles  rather  to  be  rich  in  fame  then  wealth,  when  he  endea-  liberates,  tf.  7. 
vours,Z%Chryfantasi\\i,  ioyj*v  dytSit,  &c-  *  good  King  difereth  nothing  from  a  good  ^"°^D'  F*' 
Fath;r ,  isTullias,  the  old  jR#w<f>»  King,    was  to  his  Stib  jects,   hwV/tm*  mxinat,  Sec.    a£" 
when  he  accounts  his  Subjects  children,and  is  to  them  a  Father ;  when  he  is  in  his  Reign  not  Dyonif.Halicar- 
a  Darius,  Ka.rni\t(,  *  narrow  minded  Prince  ;  nOTiCambjfes,  Acnrtrnt,     afeyereand  Haodtt'libt 
violent  Lord,  Whom  no  man  can  either  obey,  or  reftft  ■,  but  a  Cyrus,  a  Father,  ejuia  mitts, 
bonus, bcnt$cus,benignut  :     A  Prince  that  thus  is  taught  of  God  to  know  his  mercy,  and 
to  make  men  blefc  God  for  the  fruits  of  it  that  they  find,  in  living  peaceable  lives  under 
him  in  all  godlynefc  and  honefty  :  fuch  a  Prince  defcrves  to  have  the  happinefs,  which 
Nicoles  faid  Phyfitians  had,  on  -ni<  uXt  \-n[vy\d.f,    &c.  whofe  virtues  the  Sun  and  all  Anton.  £>IU8. 
tyed  men  fee  with  admiration  ,  andtheir  frailties  not  fee  ineharity,  butburj  them  in  grate-  '''•»• '»*• 
fnlforgetfulnefs. 

Etfe^uitur  ne  ejuando  irafcatur  dominus  ,  &  perentis  de  via  jufia. 

This  is  quoted,  as  it  is  added  irr the  Pfalm,  to  acculeate  the  perfwafion,  to  learn  to 
know  how  to  judge  for,  as  God,  that  is  righteoufly.  For  though  it  be  enough  to  a 
good  man,  to  do  what  is  good  and  juiit,  becaufe  good  and  juft  are  the  properties  of 
God,and  the  provifions  of  his  Inftitution  in  Magilkacy  :  yet  forafmuch  as  the  fervility 
of  our  nature  being  the  effect  of  fin,  evidences  hs  more  driven  by  fear,  then  drawn  by 
love.the  Holy  Ghoft  has  brought  up  theduty  with  a  danger  in  the  failer  of  it :  And  the 
fenfe  is  this,  that  the  wifdom  of  God  is  not  to  be  perverted  by  us,  nor  the  power  which 
he  has  intruded  great  men  with,  to  be  abufed  to  rage  and  fury,  which  is  but  the  back- 
fide,  and  dark  Representation  of  that  Cloud,  in  which  Magistracy  is  wrapped,  for  its  fur- 
ther and  fulfer  awe  on  Mankinds  difoiders,-  left  God  reveal  from  Heaven  his  wrath  a- 
gainft  fuch  unrighteoufnefs  of  great  men,  and  they  perifh  from  the  right  way ,  that  is, 
left  when  they  are  too  big  for  men  to  deal  with,  God  take  them  (hort  by  death,  or 
other  anticipation,  and  they  have  not  the  juft  power  continued  to  them,  which,  while 
they  had,  they  unjuftly  abufed.  And  this  indeed,  is  a  great  Argument,  which  ftiould 
move  men  in  power  to  fludy  knowledge,  and  practice  of  their  duty  ■,  toconfider,  that 
God  is  higher  then  they,  thatthey  are  but  difpenfers  of  his  talents  ■,  and  that  therefore 
they  ought  to  carry  wife  minds.and  wary  hands,  in  ordering  publique  affairs.Oh  1  hap- 

X  py 


8* 


Sidcnias,  U.i. 
Ef.l. 


£fii- 


•hi.  DeAbfti- 


A  Commentary  upon  Fortescue. 

py  was  that  Goth,  Theodoricl^,  and  happy  thofc  people  under  him.  In  bonis  jaSibus 
facet,  in  malts  ridet,  in  neutris  irafeitur,  in  utrifaue  philofophatur  ;  when  Goverr.ours 
are  concerned  in  no  pa ffion,  but  as  it  (till  is  in  fubferviency  to  God's  end  in  their  Go- 
vernments felicity  ,then  are  they  out  of  fear  of  the  Son  of  God's  wrath,  and  their  perifh- 
ing  from  the  right  way.  Nay  then  that  is  more  true,  then  Seneea  perhaps  meant  ir, 
Dedit  tibinaturajlTa  qua  finon  defervcris,  par  Dee  furge s ,  bee  eft  fummum  bonum,  quod 
ft  etcupas,  incifis  deerum  ejfejecius,  nonfupplex. 

Nee  felum  legibtu  quibus  ju/Htiam  cenfequeris,  fili  Regis,  imbui  tt  jubet  facra  Scri- 
ptura,fed&  ipfam  jujiitiam  diligere.  Ttbi  alibi  prtcepit,  cum  dient^iligitt  jufti- 
tiam,  quijudicatis  i*  rr*«,Sapientix,  c.  i . 

Still  our  Chancellour  fills  the  Prince's  ears  with  frefh  Reafons  ■,  fain  he  would  that  he 
fhould  be  juft,wbo  is  a  King's  Son,and  he  hopes  is  to  be  a  King  in  God's  time:  And  here- 
upon,as  he  had  formerly  acquainted  him, that  Juftice  he  muft  know  and  pra&icei  fon  ow 
he  tells  him  .that  the  muft  do  what  he  does  not  fo  much  in  policy,as  in  love  to  Juftice:  not 
becaufehe  would  be  well  thought  and  fpoken  of;  not  for  thac  it  is  commodious  to  fix 
Government,  though  this  is  a  warrantable  motive-  but  from  love  to  Jufticc,as  the  imi- 
tation of  God,and  a  partaking  of  his  effential  perfe&ion  in  fuch  a  meafure  as  we  arc  ca- 
pable of,  and  it  is  poflible  to  be  derived  on  us.  And  hereupon  Princes  are  to  love  Juftice, 
and  to  hear  the  Laws  that  commend  it  •,  which  Laws  were  not  made  by  men  ol  force, 
i  t etfjif  aafMt]®-  xj  S\jvtL?wTi*i  JWLVh  ,  as  Porphjrus'i  words  arc,  but  t&vfifn  rjfj  -pj- 
yjit,  by  wife  and  worthy  men,  who  confidered  them,  as  they  were  fuitable  to  the  rca- 
fon  of  Nature,  and  the  Religion  of  right  Reafon.  And  thus  our  Chancellour  preffes 
it  from  the  firft  of  jvifdom, v.  i.  as  both  a  Moral  Divinity,  and  aDivinc  Morality.  Thac 
which  both  to  Heathens  and  Chriftians  as  men,  is  commendable,  and  without  it,  what* 
ever  is  feraphiquely  pretended  in  either,  is  juft  nothing.  For  wherer.s  the  Text  in 
rvifdom  is,  Love  rightetufnefs,  je  that  be  fudges  of  the  Earth  :  our  Tranflators  refer- 
ring to  Texts  in  the  Canon,  fuitable  to  this  Apocrypha  in  the  Margent,  mentioned 
i  Kings  iii.  ?.  The  words  are,  Solomon  loved  the  Lord,  talking  in  the  Statutes  e/Da- 
vid  his  Father ;  and  Efaj  Ivi.  I.  where  the  words  are,  Thtu  faith  the  Lord,  keepje 
judgment,  and  do  fufiice :  which  put  together,  do  in  their,  and  any  good  man's  fenfe 
amount  to  our  Chancellour's  drift,  That  to  Jove  Righteoufnefs,  is  to  love  the  Lord 
the  fountain  of  it,  and  the  belt  way  to  fee  him  with  his  reward  with  him,  that  is,  with 
comfort  and  falvation  from  him,  is  to  keep  Judgment,  and  do  Juftice,  that  is,  to  do 
Juftice,by  keeping  Judgment,  fince  no  King  can  be  juft  to  his  own  power,  and  peoples 
preservation  ,  who  keepeth  not  the  Judgment  to  difcern  of  good  and  evil,  and  dili- 
gently fearcheth  not  out  the  conveniencies  and  contraries  ithat  are  in  his  Government, 
and  fuits  not  Laws  congtuous  to  them.  And  fo  our  Chanccllour,and  I  after  him,  con- 
clude the  fourth  Chapter. 


Lit.     De  Abia- 

Ut.ljqu  Alle- 
goLumm.f.n. 


CHAP.   V. 

Sedquemodo  jujiitiam  diligcre  poteris,  fi  nun  prime  legum  fcientiam  quibus  ipfa  cogno- 
fcatur,Htcuwjut  apprehenderis. 

IN  this  Chapter ,  the  Chancellour  prefents  the  key  to  this  invaluable  Cabinet  of  Ju- 
ftice, in  which  all  the  Wealth  of  Heaven  and  Earth  lodges ;  and  though  he  has  before 
me,  and  I,  in  all  humility,  after  this  great  example,  have  been  bold  to  write  of  it,  what 
to  rude  and  loofe  minds  may  feem  fuperfluous  -,  yet  on  fo  noble  and  neceffary  a  head, 
containing  under  it  all  virtue,  efpecially  in  a  Prince ,  as  he  has  not  fparingly  invited 
me  to  proceed  5  fo  (hall  I  not  abruptly,  and  with  difrefpect  to  fo  fuperiour  a  prefidenc 
and  command,  defift,  but  further  ampliate  the  dignity  of  Juftice,  as  in  thefc  words  of 
this  Chapter ,introduftory  to  its  fubfequents,  'tis  expreffed  to  us. 

That  Juftice  is  lovely,  befides  thofe  many  precited  Authorities,  philo's  attribution  to 
it,  is  notably  confirming  of  it,  i^vov  iJiv  SiKaitaivnt,  &c.  Nothing,  faith  he,excels  Ju- 
fiicetbut  it  pre  fides  all  other  things,and  adorns  them  aU :  yea,  it  is  ^Tupoj®-  w  »/J/,  &c. 

a  fruit- 


^Commentary  upon  Fortes  cue.  83 

d  fruitful gut 7? \chtrifbing  the  foul  in  all  conditions.  But  how  to  come  at  Juftice,to  know, 
and  love,  ar.d  poflefs  her ,  is  chat  which  the  Chancellour  moft  drives  at,  to  inform  the 
Prince  of,  and  to  enamour  him  with. 

This  he  refolves  to  be  the  knowledge  of  the  Laws,   as  the  Repertory  and  Mine  of 
Juftice,  wherein  God  has  manifeftcd  himfelf  to  Mankind.     Hopperus^   a  very  learned  In 'l»=  "re  of 
CouncellourtotheKingof  Spain,  an  Authour,  for  the  knowledge  and  ufe  of  whom,  I  d**0**. 
owe  the  firft  difcovery  to  the  Lord  Chancellour  Ellefmtre  ,^  though  the  fuller,  to  my  L«.  i.  Devera 
very  learned  and  worthy  friend  Mr. Langford,  a.  Bencher  di  Grays-Inn,  a  notable  Coa-  Junfpwd. «.»«. 
templatour  of  this  Authour.   I  fay,  Hopferus  calls  the  Lm.fummam  divina  mentisra- 
t'untm,&  vocettt  cum  bonitate  &  pitentii  conjunttam,  <\ua  pofiu  in  Republ.  jubet  ea,  cj hz 
faeiend*  funt  ,&  prohibit  contraria,  ut  exhaufta  injufittia   fufiiiia  particeps  efficiatur: 
According  to  which  computation,  all  Laws  are  effentially  the  fame,  as  they  came  from 
one  God,  but  differ  gradually  ,as  they  came  to  be  revealed,  or  as  the  fub  jefts  they  re- 
fpeft,are  various.    By  reafon  of  the  latitude  whereof,  and  the  denomination  of  things 
juft  and  unjuft,    according  to  the  varieties  of  Laws,  there  was  a  neceflity  that  the 
wifeftofmen,  fhould  both  at  firft  make  them,  and  after  expound,  and  adminifter 
them. 

And  good  reafon,  the  beft  and  braveft  of  men,  fhould  have  to  do  with  Laws ;  fince 
they  arc  the  Standards  of  Juftice,  and  the  Rules  of  Confcience,  in  matters  civil,  and 
not  mala  perfe,  both  to  Kings  and  People •,  and  upon  this  ground,  not  made  by  advice 
of  raw  and  hot  headed   youth,    thole,  of  old  ajp/febant  curia  foribus,    &   concilii 
fublicifpetlatores,antequam,cenforteserani,isTacttus  teaches  us.but  as  Juftice  was  fpe-  d^"'"^/' 
cificated  by  nine  fcveral  Laws,   the  divine  Law,  the  Law  of  Nature,  ofNations,  of  the  mufit 
Church,tbeQvilLaw,CuftomaryLaw,thcLawofHoncfty,Ncceffity,  Pofitivity,  as  T«r"  p»mi.Dc 
Phdvorinus  has  noted  it,  and  according  10  all  thefe  things  are  determined  juft  •  fo  the  „"!"'""* 
Jufticers  of  thefe  Laws  had  need  have  great  abilities  to  know  and  apply  their  Judgments  hn*> 
to  the  feveralmes  of  tbem,and  their  emergencies.     The  confederation  of  which ,  in  the 
confequenceofit,  has  diftated  to  men,  prudently  to  acquiefce  in  the  judgments  of 
learned  and  well-parted  men,  as  thecompetcntcft  distributers  of  Juftice  to  the  reft  of 
the  World,  who  being  better  qualified  to  aft,    yet  are  Iefsexaft  in  matters  of  defign 
and  decifion  then  they  :    So  that  the  great  work  of  enablement  to  Legiflation,for  which 
Tabius    and  Sabinus  were  called  the  Cato'i  ;  Domains  Vlpi*ttf  and  Julius  Pairfus, 
the  two  Poles  Vertices  Legum  -,  I'cmfcnius  rhc  Oracle  skill 'd,  ufque  adfinibriam  &  ex- 
tremafcientiarum;  Papiman  Juris  Afylum,  the  Prince  of  Law  ,  and  Refuge  of  difirefs  : 
Ifay.that  which  proclaimed  thefe  fo  ufefiil  in  their  times,  was  the  univerfal  Science  they 
hadofrigh:  and  wrong,goed  and  evil ,  and  the  Catholique  difquifition  that  they  had 
made  of  the  ufages  and  apprehenfions  ofNations,  and  men  concerning  them. 

This  they  termed  Knowledge,  the  door  to  praftique  Juftice,  and  wifdom  of  aftion  : 
So  EpiSetus^  ifitnrjaiTii  swap*,  &C.  firft  Knowledge  enters  into  man,  then  her  fifiers 
Fortitude  and  fufiice.  Tor  as  in  the  World,  the  firft  Creature  was  Light ;  fo  in  man,  In  c<beiis  Tl. 
the  initial  virtue  is  Knowledge, which  is  not  barely  the  ufe  of  ReafoD,  but  a  diftinft  and  Uiia,f.«. 
applicative  appofite  life  of  it  to  perfons  and  things.  For  by  this  method,  doth  God  in 
nature  carry  man  to  improvement  and  aftion  j  by  hisfpeculativclntclleft  he  under- 
ftandsgood*;  by  his  praftical  Intellcft  afftfts  it;  by  bis  reafon,  he  difcerns  be- 
tween good  and  evil  ■,  by  his  freedom  of  will  he  choofes,  by  his  will  confents,  by  his 
wit  finds  out  mediums  to  his  end ,  and   by  a  dofe  of  all,  comes  to 

the  mark  he  aims  at.     So  thatas/tawr/awmarfhals  them-,  that    $•**  fafiu  pvcifit,  mqinttn  rynfimttt, 
which  Senfe  perceives,  Imagination  represents.  Cogitation  forms,    XtCS.  %&£$£  £ 
the  Wit  fearcbes  out,  Reafon  judges  of,  Memory  retains,  and  the    Ui,.«nri«w'nfl  tddHcitjatmu  »j». 
Underftanding  apprehends,  and  is  brought  on  by  contemplation  ,     Fa[,e  Primi  c  •***  P'7»- 
that  is  faid  tQ  be  Knowledge :     So  that  the  knowledge  of  the  Law, 
that  the  Chancellour  ufhers  in  here,  is  not -knowledge  of  compiehenfion,  which  the 
Creeps  call  &]*\au.Bxiti*  j  for  that,  though  fome  Oratours  ufe  promifcuoufly  with 
axpprehendert ;  yet  J^r'*/i//<»wdifcriminates,  Ldtior  comprehenjio,    lays  he.     For  lb  to  £»*.» .»•».*•>, 
know  the  Law,and  JuHicc  from  it,  is  impolTrblc  for  man,  unneceflary  for  a  Prince,com- 
prehenfion  in  this  fenfe  being  bon» m  patrid  non  via,  peculiare  Dei  &  deificornm,  non  ho- 
minum,  according  to  that  of  Saint  Paul,  We  knew  but  tn  part.    But  knowledge  of  ap- 
prehenfionis  that*/'* ad tnenfuram  refertur ,  \mh*.ufrdvnr.     'Tis  to  fee  as  far  into  a 

Mill- 


84.  A  Commentary  upon  Fortes gue. 

Mill-ftone,  as  the  opacity  and  compa&nefs  of  the  body  -will  fuffer  ,  and  our  optique 
vigonr  can  pierce  to.    This  mediocrity,  in  our  knowledge  of  the  Law,  is  that  which  tfie 
Cnancellour  puts  the  Prince  opon  attaining  ;    For  although  deep  fpeculations  become 
Profeffours  of  Arts,who  live  and  thrive  by  the  fame  and  gain  of  their  procedures  there- 
in, yet  to  men  who  ftudy  for  delight,  and  to  know  how  to  regulate   themfclves  to 
God,  and  to  others,   leffer  proportions  ofcriticalnefs  and  profundity  will  ferve  :  yea, 
it  fometimes  falWout  by  God's  judgment  on  curiofity,  that  our  fin,    in  fearcbing  be- 
yond our  tether ,    brings  us  to  arrive  at  averfation  from  God  the  chief  God,  and 
enmity  againft  his  Image  in  his  adorers,  and  to  be  made  up  of  ill  ingredients,  as  W- 
f  hjrie  was  •,  of  whom  H«li~ienitis  profefles,  he  can  give  no  other  reafon  of  his  hatred  of 
D'  Vpor*iiSiU    Chriftianity ,  and  that  madnefs,  that  he  vented  againft  it,  jQuam  quod  Animus  an  a  bills 
«.«!'       f  T'  '  fermentot  urgent,  &  nimia  truditionis  copainflatHS,femet  ipfm  noncaperet,  ita  &  hujus 
txtmplo  pat  nit,  mundi  fapientiam  infipientiam  effe  apnd  dcttm.     So  that  the  apprehenderi* 
here,is  a  term  of  reftraint,  wherein  the  prefcriber  limits  the  univerfality  of  his  coun- 
fel,  'the  Princehcwould  have  to  know  the  Law,  becaufeit'sthcRuIeof  Juftice,  and 
that  the  Crown  of  Government,  and  that  the  Earthly  Paradife  of  Kings:     But  this 
knowledge  he  would  have  modeft  and  moderate,  true  for  the  nature,  but  not  ambiti- 
ous of  ultimacy,  to  know  ultra  tjMod  non,  to  boaft  and  brave  with,  but  as  ihe-Sttiquc 
advifes,  t»1oi«  /fWvt,  &c.    to  (hew  our [elves  bettered  by  it  •  men  that  are  intent  upon, 
and  ad  according  to  reafon,  and  are  not  a&ed  by  tranfports,  and  giddy  fanaticifmes , 
which  makes  much  of  what  is  little,  and  mOft  of  what  is  nothing,  but  folly  and   mad- 
nefs. 

Difit  n.tmque  Philofophus  quod  nihil  amatum  niji  cognitum. 

This  the  Text  adds,  to  make'knowledge  of  the  Law,  more  to  be  affected  by  the 
Prince,  becaufe  'tis  the  means  of  loves  both  admifiion  and  perfection.  For  as  there  -is 
no  defire  of  that  we  know  not,  fo  no  degree  of  defire  of  it  and  love  to  it,  further  or 
other,  then  the  knowledge  of  it  is  inus.  'Tis  true  good  is  the  object  of  love  ^  but 
becaufe  good,  is  not  to  us  good,  but  as  known  and  apprehended  fo  by  us :  therefore 
the  Philofopher  firft,  and  our  Chanccllour  next  from  him,  tells  us,  nihil  amatum  niji. 
Aneid  j.Ms.  cognitum,  which  brings  to  my  thought  the  wifdom  ofplotinvs,  in  making  love  the  con- 
f.s.  fequence  of  knowledge,  to  be  defcended  from  the  two  extreams  of  W*  indigence,  and 

no? ©-  affluence ,  to  fhew ,  that  it  is  the  mean  between  their  ex- 
^imr  cumatfHicbffmaaijKafi « patn  &  ceffes,  'and  compounds  want  and  abundance,  to  make  a  conjunct 
« futchri  cpunnt  m  (um  ,jm  tbfint,*  ,n    content  •     for  as  if  it  were  all  good  ,  and  wanted  nothing,  'twould 

amautt  cmifpeSa  quafiex  matte    ducat  mr  i-  ill.  J  •        L  c  ■  rr    n  r      •  r  ■ 

mm.   Fhavorim.j.  i,i>.   De  excel,  hom.     not  'ook  abroad  in  the  power  of  a  communicative  effect  :  fo  if  it 

part<  prima,  cj.p.it.  were  wholly  void  of  good,  and  clogg'd  with  mifery  ,  ii  *ya$iy  £r 

'  ''    *!  iro-n  {.n-mrti-,  it  would  never  endeavour  after  goad.    The  power  and 

providence  of  God  is  then  notable,  in  fo  dexteroufly  compofing 
things,  that  as  knowledge  occafions  love,  fo  love  improveth  knowledge;  fince  as  that 
,  we  love  we  enquire  into  -,  fo  that  we  enquire  into  we  love  :   fo  fays  experience  from 

reafon  by  the  Philofopher  here  quoted,    Dicit  ndmqut  Philofophus.    ThisJ>hilofo- 
phe  here  is  Arifiotle,  the  Mafter  of  Alexander  the  Great,  called  here  fo  w  \fyy\w , 
andK*T  vTKvyjw  ,   becaufe  no  lefs  a  Conquerour  of  Art  and  Nature,  then  his  Pupil 
was  of  People  and  Gountreys  :as  the  one  did  reduce  all  to  his  power  by  puifTant  Armies, 
laying  level  all    oppofition  againft  him,  and  making  the  inacceffablenefs  of  their  fituati- 
on  and  obftruction  plain  before  him,  that  every  one  might  fee  Alexander  a  Conquer- 
our, who  chalked  out  his  quarters  every  where,  and  had  no  more  to  do  then  veni  ,vidi 
vici :  fo  the  other,  in  his  fubtile  philofophy  ,  and  laborious  HiOory  of  Nature,  did 
denude  thofe  fecrecies  that  before  him  were  not  known,  and  made  men  after  him  a  fair 
accefs  to  the  moft  cryptique,and  obftrufe  Veins  ar.d  Mines  of  intellectual  riches^  which 
the  learned  World  finding,  attribureto  him  more  then  mortal  Eulogies ,   and   prefer 
him  in  their  Doxologics  beyond  any  that  is  meer  man.  I  know  the  Greeks  had  high  va- 
lue of  Socrates,  and  Pythagoras -,  the  Indians  of  ApoHonins  Tla.ns.us';    the  Poets  of 
Hercules  and  Tullj,  taking  this  rife  from  the  interpretation  of  the  Oracle,  which  froth 
the  Bees  fitting  on  Plate's  lips.when  but  in  fwadling  clouts,  prefaged  his  incomparable 
i.*DsDiD«n»tt'  E'0(Jucnce  \  ^ough  I  fay  Ttrllj  admire  Plato  fo  far,  that  he  terms  him,  Bens  Fhilofo- 
Deirum.  8nl'"    f  forum,  Devs  illewfter  Plato,  as  he  wrote  to  his  ftiend,  Princtps  ingenii  &  doUina, 

Cic. 


A  Commentary  upon  Forte scue.  .  Si 

C**.  Qxlfit.fratri.  lib.  i.     Ex  Agitator  omnium  rhetor  urn  in  Orat.  2.  4.  though  he  Calls 
Plato  gravijjimvs  ■,  yet  Ariftotle  will  carry  the  name  of  the  Philofopher,  a  name  given   J*™1****^ 
him  for  his  eminency  in  knowledge,  for  which  the  Antients  gave  names  of  honour  ac-  voffius  h#.  . 
cording  to  their  peculiar  merits  -,  Bion  chey  call  a  pn7wy*«"{,  r/tf  Rhetorician  j  Arr'w   SpffcXf'1* 
nHs^tK%\^i,  ths  lover  of  truth  ,   Athentus,  a/ wareera  «ir»«  ,^.*  Wife-man  at  Meals  ;  Antiq  e.»»' 
Jrr^a  a  y-ay>ip*  ,  f£?  Geographer  ;  Dpni/tns  i  m^tnymrn,  the  Defcriber  ;  Stepha-   Dugatdus   ,„ 
ntts  Bi***ttin*s  0  i9mey?«t5@",  th;  Writer  of  Nations  and  Cuft»ms  •,    ^*/w»    £  *•*££-    /X'</5».g^. 
ji*7»f,  the  Apoflate;  Hermogenes  Rhetor, o-rti/  rinati^ymii,  the  writer  of  the fiate  of  LWy  /»;«;», 
f4*/f/  5  Herodian  Grammatical ,  i  rv/jnti  i,the  Artifi  5  Charobofcus,  i  •nxr/m  yt^yiii,   h'm-^M-  f.**7- 
the  Countrey  Artift  •,  Charon,  5  aopfyuCe,  the  ferryman,  &c.     Yea,  in  our  own  Na- 
tion, it  has,  and  is  ufed  thus ,  2?^<?  was  called  the  venerable,  Halenfis  the  accurate,  .SY?- 
mr  the  fubtile,  Bradwardine  the  profound,  Ockham  the  invincible,  Hooker  th«  judicious. 
AH  which  names  were  given  them,    not  ad  txcitandam  invidiam  ,  fed  adperpetuanddm 
memoriam  of  their  incomparable  refpe&ive  merits.     In  like  manner,  as  the  Holy  Gboft 
does  affix  reproaches  on  evil  men  ,  as  on  feroboam,he  who  made  Ifrael  to  fin,  &  malo  \  J[J£K£^L 
exem9lo,&malo,pracepto;    and  Ahab,  he    who  fold   himfelf  to   do  wickednefc,   M«h.»«. 
ex  malo  propofito,  &  in   malum   fintm , .   and  fudas,  he  that  was  called  Ifcariot 
the  Tray  tor ,  becaufe  he  fold  his  Matter ,  Malo  genio,&  pro  malo  lucre  •  and  commends 
the  virtues  of  good  men,  by  terms  of  Diginity  ,  as  Abraham,  the  Father  of  the  faithful-, 
Noaly  he  Treacher  of  Righttoufnefs  -t  Mofes,  the  Law-giver,  and  friend  of  God ;    Job  the 
pat  ente(t  man  ;    David,  the  man  after  God's  own  heart  -,  Solomon,  the  wifefi  of  men-,  Paul, 
the  Apoftk  of  the  Gentiles ;  John  the  Divine.     So  other  prophanc  Authours,  in  the  like 
cafes,  have  done ,  and  by  fo  doing ,   as  they  have  ftained  and  battoon'd  the  Coat- Ar- 
mour of  divers  Heclors  in  villany  and  Hcrefie ,    fo  have  they  adorned  with  all  poflible 
Trophies  of  virtue  the  memories  and  names  of  others.     Amongft  whom,  Our  Arifiotle 
the  philofopher.is  not  the  leaft  nor  laft  to  be  placed  ;  to  make  good  which  Verdift,  a 
Jury  of  Authours,  good  men  and  true,  (hall  be  produced  to  confirm  this  Title  on  him  j 
not  fo  much  in  the  name  •  tpihimpQ-,  for  all  Authours  allow  that  to  him,  but   in  the 
merit  fo  to  be  called.  -j^  pytha. 

Porphyrins  fays.che  Pythagoreans  did  account  Ariftotle  a  Collector  from,    and  4  Re fi-  ft*  /•*•*• 
ner  of  Pythagoras  his  Difeoveries  and  Dotlrine,  as  he  was  the  .tenth  eminent  perfon  AifarrtbM 
from  him,  after  Plato  the  ninth  :  and  this  muft  argue  hhn,  as  both  judicious  to  be  able  riTpkoti^' 
to  do  it,  fo  notably  benefited  in  Science  by  fo  doing.    Plato  gives  fo  large  a.teftimony  J*1* 
ofhim,  in  calling  him  ir*.yvam<  ,thi  Reader  of  aM  Authours ,  that  he  almoft  deifies  him, 
and  makes  him  to  Books  by  ivctyvum  ,  what  Saint  Paul  afferts  God  to  men  in  bis 

V^i'mytaTnt.  , 

Jlmntilian  knows  not,  ( though  he  himfelf  be,  otoratours   one  of  the  firft  three )  **«*•&*« 
what  to  write  worthy  him,  Jguid  Arifiotelem,8cc.  what  fhatt  Ifaj  of  Ariftotle,  whom   °m*tfli*' 
J  know  nit  wlotnce  mofily  to  commend,  for  knowledge  of  things  and  Booths  beyond  meafure, 
fweetnefs  ofexpreffion,acutenefs  of  invention,  and  variety  of  all  Learning.  '»  •*»  Ariftw. 

Ammonius  records  ofhim,  that  in  Philofophy  CmoC'ifax*  t£  dv$?a>7ni>*  (itT& ,  he  tX-   *A(  w«  ((if 

eeeded  the  proportions  of  man,  having  gone through the  exact  courfe of that fiudy.  >'   e>*JVf  r5^»r. 

.  And  wbac  could  Laertius  fay  more  then  hedoes ofhim,  when   he  publifheshim  the  ^4^Am: 

great  Master  of  Arts,  and  fums  up  his  Works  to  44  5  290  Verfes.  1  m, ' <u  vLa*  & 

Plutarch  afcribes  much  of  Alexander's  Vi&ory  to  the  parts  that  Arifiotle's   inftitu-  fin-  *******& 
tion  raifed  and  enlarged  in  him.  ,  ,.  v     ■*. 

Ayerroes    ( as  I  find  him  in  Rojjcltus)  accounting   him  aprodogie,  and  Blazing  Pym»nd./i*.i; 
Star  of  knowledge,  breaks  out  into  thefc  words,  Landemus  deum  tsui  feperavit  hunc  '*»•/•  »*• 
unum  ab  al'us,  &c.      Let  us  give  thanks  to  God,  that  has  feparated  this  one  he  to  a  perfect 
knowledge  of  4II  things,   having  appropriated  wifdom  to  him,  whom  he  cats  the  father  ef  , 

Philofophj,  and  Mafier  of  Method.  Hiiim»  N«*>. 

Pliny  pubhfhes  him,  virfummus  in  omni  doelrma  ■,  which  is  as  much  as  if  he  had  laid,  M.  ucit.  &  hi, 
He  had  read  whatever  tya*  written,  and  digeftedinto  ufe  whatever  he  had  read.  •  iTeadim. 

Tullj  extols  him  as  the  flumen  orationis  aureum,8cc.  the  Golden  Sea  of  Speech,  mofi  ad-  l*  0tt'-  '• 
mirable,  and  abundantly  inowing.    Yea,  fo   far  exceeds  himfelf,  that  he  pofitively  *z"Ot,t0re- 
avers  Arifioteles  is  the  He,  whom  1  mofi  admire.  ■     u\,.i,  &«««♦ 

Seneca  grants  him,f/j<  Captain  ofallgotd  ^r//,making  Theofhrafitts  his  famous  Difci-   »"«• 
Die  beloved  by  huh. 

Y  Voftu-t 


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prmei.  Edit. 
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7n  Apologia. 


VolTiai  cwiim 
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yf  Commentary  «po»  Fortescue. 

r#^?w  calls  hira  Magnus  Ariftoteles,  tun  Philofophus  mtdo fummus  ,&c.«of  ««/p  *  £rf« 
Philofopher,  but  a  Patron  to  H>fio>J  and  Poetry. 

Caufabon  protefts  him,  fummnm  (  bent  Dim  )  wmww,  &c.  the  mofi  excellent  mate, 
the  Eagle  of  Philofophj. 

Duval  compare?  Arifiotle  %  Works,  and  fo  him,  to  the  Purple  Veft ,  Vrhich  A  lctftlie-  _ 
nes  had  to  the  fponder  end,  for  which  Dyonifius  the  elder  gave  one  hundred  and  twenty 
Talents-,   adding,  nihil  h)c  vile  vidtas,  nihil ab ]t  ft  um,&c. omnia pulchra,  htnefia,o:ii- 
ma,  praflantijfima. 

And  Budaus  fays  as  much  as  they  all  in  thofe  words,  /;  author  aui  res  omnes  ratione, 
&c.  He  is  the  man  if  ho  rationally, and  in  a  way  of  Science,  treats  ofaU  things  ;  yea,  even 
of  theft  things,  which  without  him,  would  hardly  have  held  capable  of  fucb  treatment. 

Well  then  might  Aristotle  be  called  I  piAe^ot,  though  he  had,  as  Aldrovandus, 
Gaffendus,itid  even  Plutarch  himfelf  make  good,  fundry  miftakes,  as  no  man  is  without 
them  (no  not  his  Correctors)  though  after  him  incomparable  Authours ,  fince  he  not 
onely  (hewed  the  way  to  all  after  ingenuity,  but  even  made  it  fo  facile ,  that  not  to 
exceed  him ,  (which  is  not  ever  the  happinefs,  though  the  poffibility  of  after  discove- 
ries, is  a  piece  of  non-proficiency,)  as  Picus  Mirandula  has  at  large  difcourfed. 

This  I  the  rather  here  touch  upon,  becaufe  the  paffions  of  men  have  been  fo  keen 
and  virulent  upon  account  of  this  Authour  •  fome  crying  him  upasthebnely  he, 
pant  pofi  Deos  Deus,  and  making  his  philofophy,  and  all  of  him,  fo  far  divine  ,  that 
to  vary  from  him  in  a  tittle,  has  been  by  them  cenfured  ot  folly  ,  and  to  oppofe  and 
decline  him,  condemned  for  a  kind  of  Sacriledge.  Others  fo  fervently  afted  againft- 
him,  that  they  thought  no  envy  truculent  enough  to  his  perfon,  no  feverity  too  tare 
for  his  Writings.  As  when  he  lived,  he  was  fain  to  peragrate  ,  to  avoid  the  fury  of  de« 
ftru&ioninhisownCountrey,  every  Momns  carping  at  him,  and  bedirting  his  name 
with  their  mordacious  Libels,  till  at  laft  he  made  the  Proverb  good,  TJ  Te^wo»  took 
y<Z*  5Y??«-,  for  his  learning  made  him  welcome  abroad,  whom  it  could  not  render 
quiet  at  home  •,  which  fhews  the  benefit  of  breeding,  whereby  men  fupport  themfelves 
under  the  viciffitudes  of  fortunes,  which  Nero  comforted  himfelf  with,  when  he  was 
fore- told  by  the  Mathematicians,  that  he  fhould  be  deprived  of  his  Empire ;  and  Dyo- 
nifius oiSyracufe,  found  hisonely  refuge,  when  his  Tyranny  left  him,  to  take  up  tke 
Trade  of  teaching  Arts  and  Mufique.  I  fay ,  as  Ariilotle  had  thefe  ruffles  alive,fo  fince 
has  he  been  courlely  dealt  with  by  pafilonate  men,  and  the  ftorms  of  their  fervours  an* 
pellcd  by  interets.  The  whole  Tarifian  Colledge,  in  Anno  1229. 
decreed  his  Books  to  be  burned ,  as  ill  Dodtrine  to  men,  and  Bla* 
fphemy  againft  God. 

And  Philo  long  ago,  though  he  debacchates  not  againft  him,1 
yetfpeakswkhanindifferency,  which  amounts  to  a  reproach, 
'AetTOTthiit  Ji,  &c.  Arifiotle,  faith  he,  whom  1  know  not  how  pioufly  and  found!) learned, 
fays  fo.  AH  which  tells  us,  that  envy  attends  great  parts,  as  many  have  to  their  for- 
row  found  it  ■,  and  further  more  fhall.  And  therefore, though  great  parts  are  feldome  fo 
kept  in,  but  time  and  aftions  evidence  them  :  fo  do  they  often  make  their  havers  un- 
happy ;  fome  in  making  them  feared,  and  pack'd  abroad,  leaftj  as  Eclipfes  to  Favou- 
rites, they  fhould  darken  them ,  that  would  be  all  that  luftre  and  favour  can  make 
them ,  or  putting  them  upon  fuch  thriftlefs  fearches,  as  wafte  fortune,  and  reduce  them 
to  need.  So  far  are  men  from  admiring  and  loving,  what  God  has  made  confpicuous, 
as  was  this  Philofopher  Arifi  otle,  v/hohaiconfummatamfcientiam  rerum  omnium,  as 
Mirandula  makes  good  againft  the  Afirologers,  that  their  eye  is  evil,  becaufe  his  has 
been  good.  So  much  of  this  Philofophus  in  our  Text.  Now  of  what  he  wrote,  Nihil 
amatum  ni/i  ctgnitum. 

ThisPofmon,  interminis,  as  here,  is  not  from  ought  I  can  find  in  the  Philofopher," 
but  the  fenfe,  and  very  near  the  words  of  it,  is  in  him,  in  thefe  words,  *«*«  Ji/k.<r>&>.i*, 
x),  &C  that  is,  all  Learning,  andViftipline  in  Art,  is  from  antecedent  knowledge,  which 
isfoneceffary,  that,  as  without  the  fenfes ,  no  orderly  and  pleafant  life,  ifanyatall, 
can  be  ■,  f6  neither  without  knowledge  can  life  of  love  be.  Hence  the  philofopher  makes 
fociety,  familiarity,  and  alliance, furtherances  and  progrefes  to  love ,  and  the  height  h  of  it 
friend/hip.     Plotinus  confirms  Arifiotle  ;  for  he  calls  love  to  be  ^'orep or  tv  rm  4^'«' 

8f*£(r, 


SattOtl  mStiO- 

nc. 

■ 


Rigorous  iWitarhilippi  Augufti  *<4Anntim 
Ilij.Campanella.tfi  quit  «i  dectttrtjeri- 
hrt  nut  Itjjtrt  frnfumtrtt ,  vtl  <JMCK»ji<e 
audi  natett. 


Lib.  quid  mundus 
fit  mamtftiUlit, 


A  Commentary  upon  Fortes  cue.  87 

«f5£">  &c*  *n  implanted  apprehenjton,noti$H  and  cognation,  on  which  his  Commentator    jjjSJJ^'   $.. 

obferves,  AttusquideminteHdrusomninoimmobilis  eft,  atltu  imaginationis  omnino  m»~    ocad.  j.^'.j'ss. 

£>'/*'/,   rftfjw  dcnique  rationis  eft  mixtm,  neque  poteft  anima  effe  congmum  univerfi   mt~ 

diumnifitriahxcinfepojjjderet,  And  Plato  calling  love  Eros,  and  Plotinus  a^/*  ha., 

ving  its  fubftance  from  vifion,  fecmes  to  conclude  love  a  matter  of  knowledge  .-  for 

though  it  be  true,  that  love  may  not  know,  neither  that  which  is  moft  lovely,  nor  all, 

that  is  lovely  in  the  Object  it  loves,  yet  it  is  alfo  true,  that  where  ever  any  degree  of 

love  is    there  is  fome  knowledge  introdudory  to,  and  obfignatiue  of  it ;  for  love 

moves 'from  the  underftanding  to  its  termination  in  the  wHl,  and  before  the  ad  of  the 

will,  there  is  no  liberty  in  the  intellect  ■,  fo  that  when,  what  the  underftanding  prefents,    Uv  Ro(rcIil 


mm 


the  will  complyes  with,  then  lore  warms  it  felf  in  the  affedions,  and  thence  communi-  wPymand.  £».»'. 
catesitfelftotheobjedofit,  and,theobjedoflove  being  good,  and  goodbeingthe  *' *t*7- *■*•{• 
ob  jed  of  knowledg,  it  followes,  that  as  whatfoever  we  deiire  to  know,  we  love  to  ob- 
tain, fo  what  we  obtain  by  knowledg,  we  love,  as  good  :  and  nothing  can  be  the  ob- 
jed 'of  love,  but  what  is  fo  made  by  the  profped  ofknowleeg,  which  God  confirms  by 
feveral  Texts  in  holy  Writ,  when  he  promifes  that  all  his  fhall  know  him,  from  the 
leaft  to  the  greattft,  and  what  then,  they  fhall  know  him  as  the  means  to  their  truft  in 
himi  which  is  the  perfedaft  ad  of  love,  They  that  know  thy  name,  will  put  their  truft 
i«  thee.  And  our  Lord  intended  this  in  the  order  of  thofe  words,  If  ye  knew  thefe  things, 
titled  are  ye,  if  je  do  them. 

£hare  Fabius  Orator  ait,  quod  faliees  efent  artes  ft  de  illis  foli  Artifices  judica- 
rent. 

This  fentence  of  guintilian's  is  fome  what  like  that  of  Plato's,  which  Marcus   Auto- 
ninus  had  almoft  alwayes  in  his  mouth  florere  Ctvitates,  &c.    That  Cities  purified    jj^j;'^; 
when  either  Philoftphers  ruled  them,  or  they  that  ruled  them,   were  Philofophers.     Now   nini. 
this  Fabius  wa9  Fabius  guintilian,  (fon  to  Fabius  Cauftdicus,  Grandfon  to  the  guin- 
tilian  Declamator,  which  Seneca  makes  his  Contemporary,  and  the  renowned  tutor  Llt.  6. ^^wai. 
to  Calms,  and  honourably  mentioned  by  Martial, 

Quintiliane  vaga  moderator fumm*  invent a, 

Gloria  Romanac  Quintiliane  tog e. 

To  Rome's  youth  learnings  law,  Quiniilian  gave,     '  lEpijr.jo, 

Their  long  Robe  by  his  glory  became  brave. 

yea,  not  onely  famous  in  Rome  for  notable  defence  of  caufes  viva  voce,  bat  eviden 
cingaMagiftry  in  thatiaculty  by  his  inftitutions  of  Oratory    and  his  Declamations 
which  to  this  day  are  of  great  cfteem  and  authority,  and  that  fo  upon  the  account  not 
onely  of  parts  but  virtue,  if  he  pradifed  what  he  wrote  -,  for  befides,  that  he  began  his 
twelfth  Book  with  a  Chapter  entitled,  Ncn.poffe  Orator  em  effe,  nifi  virnm  bonum  ;    back- 
ing his  aflertion  with  nervous  reafons,  concluding  Mutos  uafcere,  &  egere  omni  ratione 
fatimsfuiffet,quamprovidentiamunerainmutuamperniciem  cenvertcre -,  all  good  Au- 
thours  do  give  him  Charaders  not  contrary  to  the  merit  of  fuch  virtue  and  learning  .• 
Trcbetitu  Pollio  publishes  him  Deelamatorcm  Oentris  humani  actttijftmum  ;  Sidonitu   j^*^!,,, 
ApoHirtaris  mentions  acrimoniam  ^uintiliani,  others  term  him  Roman*  eloquentia  Cen- 
for,  Coripham  Orator  urn,  Criticorum  omnium  Kttmjt-amt,   Optimus  decendi  artifex,  Demefter. 
Orator,  eximins  ac  neceffarius.    Now  this  Fabius  is  not  called  Rhetor  (  as  thofe  were,  qui  £*.  ».  *>  Finib. 
artem  Orattriam  profitentnr,  &  dicendi  pracepta\tradunt,  as  TuSy's  .words  are  ;  for 
thefe,  though  by  fome  made  equivalent  to  Orators,  I  take  a  form  below  them  )  but 
Or^er  of  the  rank  of  thofe  whom  7W/7  defcribes,   Orator  eft  vir  bonus  dicendi  per it us, 
qui  in  caufu  publicis,  &  privatis,   plena  &  perfcUa,  MitnrEloquentia  ;  fuch  as  were  not   '•  D<  o»ior. 
onely  Advocates  at  home  but  Embaffadours  abroad,  Fadcrum,  pacts,  bcM,    indaciarnm  i.Detegib.   % 
Oratores,  of  thefe  Seneca  in  his  40,  and  1 00/  Epiftle  writes  notably.    Thus  much  of  our 
Fabius  Orator  who,  now  of  what  he  wrote  here  quoted,  Faliees  effent  artes  fide  illis 
foli  judicarent artifices  :  by  arts  he  meanes  that  which  Sipontinus  defines  effe  facultatem 
qua  praeeptis  qtiibuidam  ac  regnlis  continetur,  Tttlly  makes  it  conftare  ex  multis  animi 
conceptunibus  -,  indeed  when  all  is  faid,  it  is  but  reafon  of  pradice  and  obfervation  fol-  +  Academi-  «• 
lowed  by  diligence  which  comes  to  be  dux  certior  quam  natura.  As  all  ingenious  inven-  ♦•■De  Finib. 
tions  are  termed  arts,  fohave  arts  attributions  from  Authors  fuitable  to  the  variety 
and  diverfity  of  fuch  Inventions,  there  is  Jmperatoria  ars,  armornmars,  Medentium  Quimiiian.  /»>.  »• 

ars,  '•'•'• '7- 


Lit.  ti.  IaOic. 
Orit.  ft  I, 


88 


A  Commentary  upon  Fortes  cue. 


|.  Dt  rii.ibai. 

Tr»  ftnui: 
I  Dc  Divitiat.' 
J*  J. 


lit.  1. 1. 14  4- 


l.De  Orator. 


it  prudmtittu  ;«- 
die  am  e,  tjntm  in- 
vmftcti  it  mmfiril. 

TemiUiana*  A- 

pol.  c.  I. 

EraT.  Adag.  Chil. 
i.fat.j.p.iii. 


ars,  Magicaars,  Palaftricaars,  every  thing  that  is  what  it  is,  excornitione  &  c'tm- 
prehenfune  rerum,  Tullj  allowes  art. 

Now  whereas  he  fayes,  Falices  ejfent  artes,  he  means  as  much  as  fortunata  &  fuc- 
ctdtntej :  fo  Virgil  3.jEneid.  Vivite  falices  quibus  efi  for  tuna  peratla  :  fo  Tullj,ad  cafum 
fortundmquc  falix  vir  -,  fo  quod  bonum,fau(tum,  falix.  fortnnttumque  effct,  prafabantur     - 
rebus  omnibus  agendis  antiqui,  his  meaning  is,  'twould  be  a  gaudy  time,  and  arts  would 
be  undoubtedly  profperous,  if  onely  they  which  had  art,  were  Judges  of  art. 

Si  dt  Mis  folijudicarent  Artifices,  that  is,  if  onely  men  of  Judgment  in  arts  might 
judge  of  arts,  for  though  I  know  any  man  is  counted  an  Artificer,  who  exercifes  an 
art,  yet  as  to  this  knk  of  £>«intiliAn,  that  is  required  to  be  taken  in,  which  he  fayes, 
Attifex  eft  qui  percipit  Artem :  and  fo  Fefius,  Artifices  diQi  quod  fcientiam  fuam  per, 
aBus  exerceant,  five  quod  apt  €  opera  inter  fe  artlent,  fo  flirt,  lib.  22.  C  24. 

'sotiax.  Artifices here  are  men  of  proficiency.  Matters-,  fo  Tullj  calls  exaft  men 
A^hirfit*' Jen".   ^c^di  artifices  &  dcttores,  and  fuavitatis  Artifex  confuetudo,  and  morbi  Artifex,  and 
tjfHimfrmimm    generally  every  Excellency  is  called  artifice-,  from  whence  I  gather,  our  Tcxt-MaQer 
thought  arts  then  onely  well  dealt  with,  when  they  were  not  concluded  before  heard, 
nor  judged  by  injudicious  men,  but  had  a  legal  and  rational  try al  per  pares. 

Which  if  it  were,  arts  would  not  hear  fo  ill  as  they  do,  fome  reproach  them  as  the 
roads  to  mine;  breed  up  a  man  ingenioufly,and  a  beggar  by  all  means  he  muft  be  -,  that 
is  the  prattle  of  ignorance  Aijulw  ttivjtn,  Sec.  Art  is  to  men  the  Pert  of  misfortune :  and 
Julius  Gr acinus  found  it  fo,  whom  the  Hiftorian  writes  to  be  a  Senator  of  great  elo- 
quence and  wifdom  in  ordering  publique  affaires,  but  he  adds  Usque  virtutibus  iram 
Caii  Cacfaris  meritus.     Indeed  many  brave  men  finde  it  fo  through  the  occult  provi- 
ttkt.  Metaphyf.  denceofGod,  and  the  manifeft  envy  of  men,  »£'i»Mti<t,  &c.  Ignorance  make  a  for* 
tune  -where  knowledg  onely  difconers  art,   this  is  the  lot  of  fcientifiqueneffe  often,  but 
not  always  -,  many  multitudes  of  men  have  by  learning  and  arts,  come  to  riches,  ho- 
nour,  whatnot?  when  they  have  been  fo  happy  to  be  understood  aright,  and  lived  in 
an  age  and  place,  where  arts  were  acceptable  and  fairly  valued ;    for  which  Virgil  was 
not  onely  by  Augufius,   who  therefore  was  his  munificent  Patron,  but  alfo  by  the 
tit.  i.  Saturnaf.  great  wits  of  ages,  Macrobius  long  ago  gave  a  noble  teftimony  of  him,  Eft  t  am  fcientih 
profundus  quam  amanus  ingenio,  miranda  eft  hujus  Poitt,  <jr  circa  noftra,  &  circa  exter- 
na [Acr  a  doUrina,  non  poteft  intelligi  profunditas  Maronis  fine  divini ,  &  humani  juris 
fcientia  -,  fo  Plinj  terms  Dim  folertiffimarum  aurium  folcrtijfimus  bl Auditor  -,  Cerda, 
Do«tf».rand,SVrw«.rarenotbehinde,  but  above  all  Scaliger,  Resjlendent  gemma  in 
ejtu  CArmint  j  componit  mtUita,  &  netlArea  •,  Addit  tot  venuftAtes  quot  verbA  -,  Jneft  in  ea 
fhrafis  regia  &  ipjius  Apollinis  ore  digna,  fie  puto  loqui  deorum  proceres  in  caleftibu* 
eonciliis,  non  fi  ipfe  Jupiter  Po'eta  fit,  melius  loquatur ;  thefe  incouragements  do  the 
learned  give  learning  by  the  values  of  them.  And  hence  comes  it  to  pafle  that  learning 
is  fo  neceffary  for  a  man.in  power.     For  learning  in  a  man  of  power  and  place  makes 
him  unprejudiced,  and  cleares  his  Eyefight  to  an  Eagle-eyed  clarity ,  it  diftinguifhes 
between  Subjects  and  accidents,   between  what  learning  does,  and  what  the  man  in 
which  learning  is,  does  •,  and  when  it  condemns  the  man,  it  juftifies  his  art  •  hence  comes 
jguintilian  to  account  art?  bappy,  jf  Artifts  onely  judged  of  them :  becaufe,  they  will 
not  onely  value  them  as  they  are,  but  not  undervalue  them  for  fome  adjunft  defeftsj 
Protogenes  valued  one  plain  line  of  ApcSes  xznc\  the  foam,  or  any  minute  and  unbeauti- 
ficd  particle  of  Pitihire  from  Zeuxis,   or  any  he  that  does  ;»'*£«*<•  aternitatem.   Or  one 
ientence  of  Mafculine  wit  boldly  and  bravely  worded,  fhallhave  more  Commendation 
from  a  knowing  and  accomplished  Matter  ,then  all  the  Hecatombs  and  Pyramids  of  rodo- 
montado'd  Impertenances,  which  are  Darlings  to  the  plebs,  (hall  hive :  whereas  others 
judge  of  arts  as  blinde  men  do  of  colours,  hab-nab,  bit  or  mifs,    no  matter  whether, 
crying  up  as  the  fuperftitious  Athenians  did,  a  falfe  god  ±  nay  infenbing  an  Altar  to 
the  unknown  God,  when  they  decry  the  true  one  onely  God  ;  fo  they  advancing  trite, 
vain  vile,  artleffe  art,  decry  real  and  regular  art,  reverfing  the  Efcutcheon  of  refti- 
tude,  and  making  that  vile  which  is  excellent,  as  Polamcn  the  Grammarian  did  Ijy 
Marcus  Varro,  the  moft  learned  of  the  Romans,  whom  he  called  Porcus,  wben  he  was 
the  Jewel  of  his  age  -,  and  thejewesdidby  our  Lord,  whom  they  made  a  Devil,  and 
a  friend  of  Publicans  and  finners,  and  the  Ethniques,  did  by  the  Christians,  whom  they 
proclaimed  diflurbers  of  Governments,  and  flagitious,  when  none  were  more  holy, 

hum- 


Li*.  17. 


Seslig.  lit.  J. 
Virjilio. 


Petrui  Ciiniius 
lit.  9.  c.  10.  Dc 
honcfta  difeijl. 


A  Commentary  upon  Fortescue. 


8? 


humble  and  fubmifs  then  they  •  I  fay  while  men  and  things  are  thu$  mifjudged,  and 
the  keen  edge  of  ill  will,  or  the  blunt  of  ignorance  is  turned  to  them'in  their  judgement 
of  them,  no  Halcyon  dayes  of  art  can  be  hoped  for.  But  when  God  reduces  things  to 
rights,  and  puts  men  of  art  in  place  and  power,,  then  arts  are  like  to  thrive,  quia  judi- 
cantnrab  artipeibus,  as  the  Poit  faid  of  that/ ope, 
Exceluit  doSos,  dottier  ipfe  frius. 
And  therefore  that  reproof  of  TuHj  is  very  appofitely  to  be  brought  in  here,  Hie 
quidsm  qnamvis  eruditus  fit  ficut  eft,  hue  Magiffiro  conctiat  Ariftoteli  cauere  ipfe  de- 
cert,  bene  enim  illo  Proverbio  Graccorum  pracipitur,  quam  quisque  norit  artem,  in  ea  fe 

for  fince  that  of  the  Harper  in  Athenaus,  i^Joi  m  nMWsof  «/«'»  -nx^t  Lih-  «•  i>e.pno- 


i.Tufc.  Queft. 


exerceat , 


ever j  man  is  the  proper  eft  fudge  of  his  own  harp  -,  learning  and  arts  are  never  properly    r°Phift- 
judged,  nor  to  the  proportion  of  their  merits,  till  they  be  judged  by  Artifts. 

Jgnotum  vera  nonfolum  non  amari,  fed&  Jftrrifolet,  quo  Poe'ta  quidem  fie  ait,  omnia 
qua  nefcit,  dieet  fpcrnenda  Colonus.  * 

If  knowledge  be  the  window  that  lets  in  love,  ignorance  is  the  nu&nce  thatannoyes 
tndobfcuresthelightandluftreofit,  for  it  does  not  onely  caufe  an  inexpreffion  ,of 
love,-  but  an  exprefiion  of  hatred  its  contrary,  fince  hatred  of  good  arifes  from  igno- 
rance of  it-  for  did  we  know  good  to  be  what-it  is,  we  would  love  it  as  we  ought, 
which  caufed  the  Philofopher  not  onely  to  light  a  Candle  at  noon  day,  to  feek  a  wife 
man  in  the  multitude  ;  but  profefle  that  if  virtue  could  be  denuded,  fo  that  men  could 
tee  her  pulchritude,  they  would  be  impatient  to  be  abfent  from  'her,  and  to  be  in  any 
condition  wichout  her. 

Indeed  it  is  a  part  of  the  penal  pravity  of  our  natures  to  be  ignorant  of  the  life  of 
God,  and  without  him  in  our  under  ft  «ndings  t  and  while  we  continue  in  this  obececation, 
tu  God  is  not  in  all  our  thoughts,  fo  is  nothing  more  the  ftudy  of  our  corruption  then  to 
fet  light  by  his  Counfel,  Commands,  Rule,  Spirits,  Son,  all  that  has  his  Impreffeon 
it,  and  the  reafon  is  onely  from  our  ignorance  ©f  God,  he  is  not  in  all  our  thoughts, 
and  hereupon  not  before  our  eyes,  but  inftead  of  loving  him  as  the  moft  excellent, 
(  which  knowledge  of  him  would  reprefent  and  perfe&ly  aflure  to- us)  we  poftpene 
him  to  all  objefts  we  prefer  before  him  in  love  as  we  apprehend  above  him  by  our 
Knowledge  -,  and  fo  the  rule  is  in  all  things,  fo  far  they  are  loved  and  defpifed,  as  they 
are  more  or  lefle  known  by  us. 

Every  thing  (ayes  Solomon,  has  a  feafon  in  which  it  is  raoft  gay,  and  in  every  man, 
and  creature  there  is  a  pleafurc  and  grandeur  which  with  the  contraries  of  them  are  ap- 
propriate to  them  jvdrfMtrtv  l*vQ-,8cc.  faid  the  Moralift,^  horfe  delights  in  his  traces, 
the  Ox  becomes  his  Toal^  ,  the  Dolphin  f  leaf eth  himfelf  topaffc  by  the  Ship  under  fay  I,  and 
to  fee  men  his  darlings  aboard  them  ;  the  Boar  loves  hunting  and  the  prey  of  it  -^  the  Dog 
is  eager  on  his  fport  according  to  the  fcent  of  his  kjnde .-  and  fo  amongft  men,  iTtyvVbv* 
finTiheS  mZ-deffy&LC.  The  Coulter  pleafes  the  Swajn  at  Vec/l  as  the  Scepter  the  Prince  • 
and  the  fword  as  highly  accomplifties  as  the  Souldicr  thinks,  as  the  book  does  the  Scho- 
lar him,  fo  much  is  the  love  of  man  tethered  to  himfelf,  and  fo  does  he  philautize  his 
own  feature  and  the  objects  of  his  pompous  Fancy,  that  he  is  apt  to  make  that  bis  Can- 
ton, which  Seneca  layes  dovrn,Tantum  favientifua  quantum  Dee  omnit  atas  patttjft  ali- 
quod  quo  fapiens  antecedat  Deum,  on  which  Muretut  writes,  Impia  &  intoUerabilis  arro- 
gantia  Stoiorum,  quo  non  fatts  ejfe  docebant  fapientem  fuum  cum  Deo ex  aquocempenere, 
nifi  etiam  anteponerent,  and  juftly,for  the  excefle  of  his  pride  ought  he  tobe  condemned, 
who  thus  raifes  a  Scalade  againft  the  Knowledg  of  God  and  the  humbling  effe&s  of  it. 

Which  alas  to  their  juft  grief,  if  they  had  eyes  to  fee  -and  hearts  to  mourn  for  it, 
not  onely  the  beft  of  men  are  ftabjeft  to,  but  even  the  bafcft  v  not  almoft  he,  that  is 
hardly  worthy  to  be  fellowed  with  the  dogs  of  a  wife  mans  flock,  but  abounds  in  con- 
ceit of  himfelf -,  not  onely  Alexander  will  be  a  God,  Julius  Cafar  make  a  Marriage 
between  Heaven  and  earth  in  his  power  over  both,  Oil  avian  reduce  the  mettal  of  Rome 
to  a  Vaflalage  under  him,  beginning  to  dare  the  Senate  at  twenty  yeares  of  age,  and 
keeping  Royfters  about  him,  who  (hall  nofe  the  Senators,  and  tell  them  pointing  to 
their  Swords,  H>c  faciet  fi  vos  non  fectritu,  No  wonder,  though  thefe  Monfters  in  s^on( 
Manhood  Leviathan  like,  fwallowing  %up  all  thought  of  God,  Mali  malorttm  dam* 

Z  ntm 


Plutarch.  U.  j7 
«sfet  ZhSvpi- 

ttf. 

Athenzu*  dipno- 
fophift.  lib.  8. 


!></.  Ji- 


ts Q- 


.  p©  A  Commentary  upon  Fortescue. 

■H*r.fiM»i  (Mm.  Hum  &  fttktrts  &  Sacerdotes  &  cultorts,  as   the    Lather  terms  them  ,   are'fo  hot- 
"/"  *Jr\    beaded,  but  to  find  the  fax  and  tail  of  Mankind  thus  eu^Hr  iv  w>ik»,  to  fine  II  of  pride 

jortuns  &■  von*  t  r  t         <\  n  t  r  *  » 

mtns  dM»r.  Vw.    that's  iomewhat  ftrange  •,  yet  molt  true,  lo  it  follows, 

Wj0-  £l*odicitycct>a  <ju;dam,    Omnia  qua  ntfeit  dieitfpernenda  coltnttt. 

This  is  a  VerfeoutoffomeofthePoct  Minors,  thefenfeof  it  is,  That  even  the 
reafonleflcftot  q»eri,  who  are  but  one  degree  on  this  fide  Bealls,  have  yet  the  feniuality, 
or  fenCelcfsnefs  rather,  to  contemn  what  they  know  not  j  which  made  Mars ,  the  So- 
crates of  Poets, fay, 

0  fort  unfit  os  n'mium  civis  btna  ft  fua  norint,    A  gricolas, 
1  Geor*'  o  ftrtunate  the  Countrey  Strain, 

Though  hit  life  be  a  life  of  fain. 
Accounting  them  happy  in  that    Countrey    ferenity,  which  their  life  ©f  exemption; 
from  trouble  gives  themuhough  God  knows,ftupid  fouls  that  they  are,  they  are  feldom 
thankful ,  or  contented  with  what  they  have.    This  onely  they  excel  in,  that  they  can 

Adag  $  cent  3    iu<*8e  as  we"  0I" *tlh  am*  d"leei  as  any  mcn»  an('  ma^c  **  ntc'c  uk  °f  iCi  beyond  rude 
chu.  i.         '  huffs,  and  high-  fhooe  infolence,  in  which  fenfe  the  ^<iȣf  is  verified  of  them,  Iituqkoi 
ifrtfoi  frond   and    ignorant  ;    not  i&*\u  *e!£w*i><,  eonfpicuom  and  illnftrictu  in  alls  of 
hofpitaHtj  and  kjndnefs  ;  but  «£**<>«  jA«1o/,    whom  their  hat  pinch  affefits  not,     becaufe 
they  underftand  it  not.     This  makes  them  think  themfelves  the  beft  of  the  pack  of  men 
that  live  in  Kingdoms,  becaufe  they  know  not  wherein  by  men  of  more  exad  breed- 
ing and  parts,  they  are  out-gone. 
».  De  otitore.        What  this  Cohnus  is,  needs  little  explication  •,  properly  it  imported  cultor  agrorum, 
iim'm  °e  Na!'   a  nus^an^"  Inan>  whom  TuHj  gives  Epethitcs  of  Optimum, parciffimus,  msdefhffimus,fru- 
galijjimus;  and  as  it  imported  a  Citizen  of  Rime    tint  abroad  to  plant,  and  obliged  to 
in  Afin.  j.        live  according  to  the  Remane  Laws ,  fo  had  it  alfo  a  note  of  depreciation  on  it,  and  dif- 
fered a  little  from  a  flave  :  to  which  Plant us  alludes,  when  he  fcoffingly  fpeaks  of  Cblo- 
nus  catenarum ,for  one  held  in  prifon.     And  7w//r,when  he  would  turn  men  to  the  moft 
ill.   De"v«bo-  barbarous  Mailers  of  reafon,  bids  m,acolcuo  rationes  accipere.     Concerning  thefc,  th« 
mm  fignific.      Digefi  fpeaks  much  -y  and  ^/f«Wcorithc227,h  Law.     Our  Law  alfo,  becaufe  they  arc 
f'**0'  men  of  narroweft  reafon,and  lowtft  breeding    decryes  them  all  offices  of  note  ,  no  man 

of  this  rank  can  be  Juftice  of  Peace,  Knight,  High  Sheriff,  or  Member  to  Parliament. 
Yet  thefe  men  having  skill  in  Countrey  affairs,  and  being  ignorant  of  any  thing  beyonrf 
the  Plough,  and  the  Utenfils  of  Husbandry,  contemn  Books  and  Arts,as  ufelefs  andun- 
neceffary. 

Et  non  coloni  ftlttm  vox  hat  e§c,  fed  &  doctor  um  feritiffmorum  ejuoqtic  virorttm. 
Which  he  adds,  in  confirmation  of  the  rule  he  gave,  that  nothing  is  beloved  further 
then 'tis  known :  for  not  onely  the  vulgar  fort  of  men,  who  covet  no  accomphfh- 
ments  befides  how  to  dig,delvc,fow,rcap,hedge,ditch,whiftle,  and  tend  horfes  •  yet  are 
in  love  with  their  employments,  becaufe  they  know  them  ,  and  are  onely  intdle&ual 
proficients  in  them,  but  even  artly  men  value  Art  upon  no  other  grounds  •,  for  as  their 
knowledge  is  of,  fo  their  addiction  to,  and  affeftiop  for  them,  is.  For  though  it  be 
common  to  all  men,  to  know  the  common  notions  of  night  and  day,  black  and  white, 
Cent«!'Cha  *'  W^ic^  PerhaPs8*verifctotnc  Proverb  ,  hii  ix>humi  ^  wftiW,  yet  to  fearchinto 
the  abfeondita  of  things,  and  thence  to  report  the  nature  of  them ,  where  men  and 
things  do  as  the  Sepia,  or  Cottle-  fifi  do,  to  prevent  its  being  furprrzed  ,  fend  forth  a 
quantity  of  black  blood,  which  fo  thickens  the  water,  that  its  white  body  cannot  be 
feen :     to  which  Athentus  alludes, 

'H  fitivti  tX^vt  vioa.iihdjYJtt, 
Deipaofop.KM.  "".     "     ^«  SlA.~— 

O're  her  fair  body  fhe  can  draw  a  Cloud, 
Then  lofe  her  takers, and  her  own  life  fbrottd. 
And  Catullus  defenbes  Cafar,  notwithstanding  all  his  difgnifes, 
Nil  nimiumftudeo  Cadar  tibi  ve/te  placere, 
Necfcire  utrumfis,  albm  an  ater  homo. 
I  nothing  study  much,  not  Cscfar  thee, 
Whether  th'art  white  or  blacky,  is  nought  to  me. 
This,  I  fay,  to  do,/muft  proceed  from  knowledge,  and  is  called  art  in  him  that  knows,' 
how  thus  to  demean  himfclf.    WcwtTfilljxnzkzsRtibrinsCafsinxt,  who   took  one 
#  th?t 


^Commentary  upon  Fortes  cue.  pi 


a.  Philii 


that  was  little  of  cmincncy  in  appearance,  and  made  him  his  Heir,  and  thereupon 
minds  him  of  his  love  co  him  •,  Te  is  quern  nttnquam  vidi(ti,fecit  hxredem,&  quidem  vide 
qnamtt  amauc  is  quialbus  aterve  fucris  ignorans,fratris  filium  pr&teriit.  I  fay,7V// 
not  onely  in  that  remembers  the  perfon  fo  favoured  to  be  mindful  of ,  and  thankful  for 
it,  but  cenfures  Rubritu,  as  more  doting  by  paffion  then  directed  by  judgment  t  as 
dtitiffimi  and peritijfimi  here  ought  to  be.  tor  TuUy  has  matched  thtfe  Epcthites  to- 
gether, to  fet  forth  the  double  nature  of  art,  both  in  fpeculation  and  action.  Dotlijfmi  c'c'"Sa'u{,»  5- 

i  ia,  peritifflmipraxi ;  for  unlets  they  both  go  together,  they  make  no  fair  (hew  to 
perform  the  excellent  end  of  right  judgment ,  and  to  fix  love  upon  the  foundation  of 
Arts  known,  and  thence  delighted  in. 

i 
Namfi  ad  Philofefhum  natnralem,qui  its  Mathematical  nnnquam  Slvdet  ,Metaphifictts 
die. it ,quodfcientiafua  confiderat  resfeparatas  ab  omnt  materia,  &  mots*  fecundnm 
effe,  d-feenndum  rationem, '  vel  Afathematictts  die  at ,  quod  fua  fcientia  confide- 
rat res  conjunct  as  materia,  &  motttifecundum  cjfe,  fed  feperatas  fecundum  ratio- 
nem, umbos  hos  licet  Philof$phos,Philofophus  ille  naturalis,  qui  nttnquam  mvit  res 
aliquas  feperatas  a  materia,  &  motu  ejfentia  vel  ratione,fpernet,  urismque  fcietr 
tias  licet  fua  fcientia  nebiliores  ipfe  deridebit  ,  nan  alia  dullus  can  fa  ,  »i/5  quia 
eorum  fententias  ipfe  penitus  ignorat. 

Here  the  Chancellour  inftances  in  Philofophers,the  wifeft  and  learnedeft  of  men,  as 
diflenting  and  detracting  from  one  another,  as  the  parts  of  Philofophy,  which  they  are 
particularly  verfed  in,  and  bent  to  profecute,  are  divers  from  each  other  in  theobjed: 
of  their  Science,  and  the  reafon  of  them.    For  fince  Philofophy  is  the  fhidy  of  wifdom,  TuWusi.offic, 
Snow  iCjf&tftopiov  »vn»t  yjfiiu*,   A  Study  of divine  and  admirable  Afjflery  :   And  Phi-   Arjftot. /.4  De<« 
lofbphers  are  not  zthtmauluat,  men  of  prate  and  difcourfe, verfed  in  no  good  and  profitable   Mumio  prsfa. 
method  of  art,  having  heads  fit ollen  with  vapour  and  cfientation,  but  men  that  de  wholly   *d  Alexind. 
give  up  themfelves  to  contemplation  and  difquifition  of  nature,  as  Philo 

at  large  difcourfes,  fince  they  are  Afaphs,  men  that  do  wifely  ru-  **  °«vitl  conwmpiativa.  i*g-  «*•. 
minate,  and  perpend  what  they  do.  This  confidered  ,  (as  hereto-  Clim  /„,,„,„ r./.r«  .«>».  «  ,«>w- 
fore  in  the  Notes  on  the  fourth  Chapter,  has  been  larglyer  writ-  »»» <p*d*m.tr  *  w.ji  i*fm  ramuinuu 
tenof)mveftsPh1lofophenwithgreatrefpeftsJ  andexpects  them  r^SSSfl^'JK 
men  of  much  reafon,  and  therefore  probable  to  be  exad  and  fcru-     *mq»a*s,  ««« 9*>  «<«  />«■  yumd*  «*» 

DuloUS  fudu  ininmiunt .     <jh*  cjhi  itmut ,  ftfintttt 

*..',,,..-.  ,.    ,        ,  -  ,  haltntitr  ,    m  fnfru  dictndi  funt  Philofo. 

Now  tnele  Philofophers  our  Text  calls  by  three  feveral  names,  as  phati.Murttuj.  .»»•<;,  .d  f «*»»  Nat«. 
they  intend  three  diftinct  parts  of  Philofophy  ■,  the  natural  Philo-  Queft- ««**«.  t  ■  »*»• 
fopher-,  the  Mctaphyfitian  \  the  Mathematician :  all  which,  fays 
our  Text,  have  principles  fo  different  each  from  other,  that  as  the  one  may  be  igno- 
rant in,  fo  obftinate  againft  the  principles  and  practifesofthe  other  •  and  that  from 
this  ground,  that  every  one  reduces  Art  to  bis  own  Standard,  and  will  have  all  that  is 
not  what  he  knows.and  loves,  falfe  and  ufelefs. 

Herenow  I  might  ravel  out  into  a  large  field^and  difcourfe  of  Philofophers  and  Phi- 
lofophy to  an  infinity  of  needlcfs  trouble  to  my  felf,  and  my  Reader:  but  I  (hall 
Budy  more  thrift  of  time,  and  compofe  my  difcourfe  to  thofe  modeft  limits ,  and  fore 
touches,  as  beft  fuit  with  a  Commentator  that  intends  profit  and  delight  to  his  Rea- 
der. 

Certainly  Philofophy  is  a  moft  excellent  gift  of  God  ,  and  orna- 
ment of  man ;  Philo  fays  it's  the  chief  ingredient  into  man's  prero-    i  -nKtiin&v  «>3»r  kx^Swhj 
gative,  above  the  other  works  of  God's  hand-    and  Phtinus  calls    t>>v  Hvtyamvov  &Ur.    Lib.    Dc 
men  learned  in  it,  Wot^t  xj  t^ifeifuni,  prepared  to  fly  high  even  to    Mundi  Opificio,p.  1 1 . 
Heaven,  in  ihc  power  of  their  mental  endowments  thereby,  which  was     ^nead.i.  Lib.^.p.ZO.         v 
the  reafon,  that  Architas  faid  a  philofopher  was  «oz£W\& ,  and     Parte  prima,  De  excel.  Homi, 
Homtr Meshim  **?viQt,  asone,  habilisad  omnes  difciplinat,  ac-     c.^q.p.  173. 
cording  to  Phavorinus,  which  fhould  mind  him  that  profeffes  it,  to     %iKa<to<tUv    a^fnnnii   ifyitit 
live  as  one  that  has  his  mind  divinely  endowed,  and  called  upon  to     tiffin /t  i'Av^f^&  v«t. Lib. 
all  exemplary  and  practical  virtue,    which  philo  makes  fo  peculi-     De    Specialibus  Iegibus,  pa% 
arly  the  part  of  a  Philofopher,  as  nothing  more  is :    For  as  it  is  not    806. 
h»g*  but  money  ■,  nor  deeds iut  lands  j  nor  books  but  knowledge, 

t* 


ji4l.EJii.Svlb. 


Etf.fS. 


In  mil  sdSentt. 

luJum.f.jj*. 


EpiAetni  dfui 
A.  Gellium.  '>»• 
17.  t.l». 


W.i.Delra.14. 


90      A  Commentary  upon  Forte  s  c  u  e. 

to  make  ufe  of  them  •  nor  numbers  of  men, but  difcipline  and  courage  ,  that  declares  * 
man  rich,  learned,tbrtunate,  victorious ;  fo  is  it  not  the  notion,  but  practice  of  Pbilofo- 
phy,  that  derives  on  men  the  honour  of  being  true  philofophers.    This  was  the  caufe 
}nlioi  capit«ii-   Plato  was  wont  to  fay,and  M.  Antoninus  repeat  from  him  that  faying,  Then  Cities  flow 
°°'   rijb,  when  Philofophers  govern  them ,  or  when  they  that  govern  them  are  governed  by  Phi' 
lojofhers  •,  which  the  Antients  were  fo  zealous  in,  that  Seneca  anfwers  us,  Anttqua  Phi- 
lofophia  nihil aliu2 tjukm  f friend*  &  vitanda pracepit,  &c.     The  antient  prifline  Philofo- 
phy confi/ted  onelj  in  rules  of  doing  good,and  efchewing  evil,  and  then  Philofophers  were  moft 
excellent  plain  men  ;  but  when  thej  came  to  be  fo  critically  learned,  as  afterwards  thtj 
became,  aUJincerity  toolejeave,  and  learning  was  judged  rather  to  confift  in  fubtilty  then 
virtue,  in  wrangling  wit,  rather  then  in  a  good  life .So  he.   And  hence  it  is,  that  where- 
as virtue  was  the  ftudy  of  Philofophers,  and  their  heats  and  pal-lions  were  lulled  afleep 
in  the  purfuit  of  her.     Now  fince  fhe  has  been  deferted,  and  her  profeflburs  have  pre- 
tended, rather  then  praftifed  Philofophy,  (he  hath  degenerated  into  cavil  and  conteft 
about  words  and  forms.    Rhenanus  hath  learnedly  collected  a  large  Catalogue  ofdif- 
fents  amongft  Philofophers,  which  argues  onely  the  difproportion  of  Mortals  apprehen- 
fion,  and  the  vehement  chollers  that  they  are  upon  intereffes  of  fame  and  fury  expref- 
fiveof,    vitiaies  not  the  reputation  of  art,  for  that  frill  remains  facrttm  quoddam  & 
vemrabile,  as  Seneca  terms  it.   Ep.   $6.   Vita  lex,  Ep.  9f.    Vltimum  inftrumentum 
&   additamentum ,     Ep.    17.    inexpugnabilis    murus  quern  fortuna  multis  machims 
lacejfttnm  urn  tranftt.    Ep.  83.  Omnibus  praferenda  artibus,  rebusque.  Ep.  10.  and 
the  Philofophers,  not  being  defective  to  themfelves,  itd^.n  *&$»»,  &c.  high  talkers 
of,  while  little  livers  to  virtue, make  not  themfelves  a  reproach,but  rather  recover  their 
antique  reputation  by  fuch  feverities,  as  may  eliminate  all  vice,  and  flop  the  mouth  of 
all  detraction.     So  Seneca's  rule  is,  Sapient  omnia  qua  debet  fine  uUius  maU  reiminifte- 
tit  efjicict,  nihilque  admifcebit  cujus  mtdumfolicitus  obfervet. 

Which  premifed,  thedivifionsof  philofophy  into  parts,  is  rather  a  matter  ofme« 
thod  and  order,  then  any  thing  elfe  •,  and  fince  it  is  the  contemplation  of  wifdom,  in 
preparation  for  aftion,  can  have  no  variety  in  it,  but  what  is  gradual,  and  has  a  fenfe 
ofminiitration  to  the  confequution  of  the  noble  end  of  it ,  to  wit,  how  to  know  CO 
do. 

Whereunto,  becaufethefeveral  Attorns  and  minute  Particles  (  making  themafsand 
bulk  )  with  the  variety  of  their  ufe,and  operation  in  afcent  to  the  oilmen  of  it,  is  to  be 
confidered ,  which  perhaps  is  fomewhat  towards  that  which  Plotinns  lays  down ,  0  n?< 
JiJttn  t»j?>««  *j>^«,  &c.  the  underftanding gives  fcrfpicuous  prineifles,  Which  done ,  the 
foul  compounds  couples, and  diftributes  them,tiH  they  come  to  perfect  underfianding.  I  crave 
leave  therefore  not  fo  much  to  cherifh  and  confirm  debate  of  words,  and  variety  of  ex- 
preffion,  as  to  write  fomewhat  ufeful  to  the  practical  philofophy,  to  which  the  fpecula- 
tive  is  but  ducent.  for  to  little  purpofe  is  all  knowledge  of  effences,  and  abftracted  no- 
tions,if  they  refine  not  the  reafon ,  and  brighten  it  to  a  perfect  oriency  in  a  life  of  ex- 
emplary virtue. 

Aureolus  ingenuoufly  cafts  the  Sciences,  which  is  philofophy,  into  this  model :  th« 
firft  three  he  calls  Scientia  Sermocinales  Science s  of  Speech  ;  Grammar,  Logicle^,  Rhe- 
ttrique.To  fpeak  properly.and  according  to  ufe,  fukilly  and  according  to  rule,  floridly 
to  the  heighth  of  captation  and  eloquence,  either  in  profe  or  verfe.  The  fecond  three 
he  calls  purely  fenfibleand  experimental,  Natural,  Moral,  Medicinal.  To  know 
the  nature  the  virtues,  vices  of  things,  and  the  ad  juments  to  rcftitude,  and  the  reftora  • 
tion  of  declenfions  from  it.  Two  purely  Mathematical,  Arithmetiqne,  and  Geome- 
try, which  inftruct  the  ufe  of  Numbers,  Weights,  and  Meafures.  Three  medians  be- 
tween the  Mathematiques  and  experimental  Sciences,  Aftrologie ,  Harmony,  Pcrfpe- 
ilivc  ■,  one  meerly  intellectual  Metafhifickj.    Thus  that  Golden  Wit. 

Nor  is  Philo  the  few  much,if  at  all  behind  him,  who  compares  philofopy  to  a  gallan* 
Plantation:  the  Phyfickj  anftocrs  trees  and  plants,  the  M^al  fruits ,  the  Rational  fo 
hedges  and  bounds  •,  *stt>  (fays  he)  as  the  fences  and  hedges  fecures  the  fruits,  fo  the  ratio' 
nal  Philofophy  is  the  defence  of  the  Moral  and  Natural.  From  both  which  I  collcct,thi  t 
God  has  made  a  harmony  in  art,  the  prefcrvation  of  which  is  the  life  of  Science  •,  there 
is  then  no  difference  in  philofophy,  but  what  arifes  by  accident ,  and  either  pride,  o* 
wilful  miftake  of  men :    Foras  the  Fly  does  as  well  fet  forth  the  ma  jefty  and  power  of 

God" 


Anead.  t.  Ui.\. 


In  Jrologo  liu, 

f-iV 

In  Seiteiuas. 


TJ  (s*v  fvoi- 

%t>v  it/It  Jit- 

Ion  im&- 

{3cl>Xoy]*.{. 

Lib.  De 
Agricult. 
f.»89. 


A  Commentary  upon  Fortes  cue.  02 

God  in  this  production,  as  the  Elephant  •  fo  in  the  leaft  principle  of  fervice,  the  bounty  , 
and  wifdom  of  God  is  paccfied.as  well  as  in  the  greateft. 
The  natural  philofoplier  he  fearches  into  the  nature  of  compound  things,and  their  Re-  Ariftof' AafcuIt . 
volutions,Elemeius,Gene:ation,Corruption,Vleteors,Minerals,tendencyofBeafts,Ver  £«££££?**• 
getables,  and  all  their  fpecies;    the  Metaphyfitian  he  underftands  indeed  fubflance  ,  Fh*fcrinu»ffW 
accidents  all  feniible  beings,  yet  feparate  from  matter.the  Mathematician  he  makes  dif*  **£' capsis- 
qmiition  of  thofe  things  which  he  can  make  good  the  reafon  of,by  demonstration  obvi-  v»ve«  ■»  ce>,fnr* 
ous  and  plain  to  ihefenfe^  but  Metaphjfiques, being  the  contemplation  of  divine  and  ab-  £'™"  §tt°hC 
flraft  beings,that  is  of  things  feparate  trom  matter  and  form,  is  the  foundation  of  all  other  &£stB,ilfc 
things,  net  the  Mathematical  excepted  ;    yea,  and  all  thefc  impro- 
ving ( to  that  we  call  a  practical  Philofophy  )  makes   up  Budtus    k«  m*  (m.$*u*ti*Z>i  «tit  ^x°* 
his  compleat  chan&er  of  a  philofophcr,  Is  <\ui  jtudeat  omnium  re-    £  ro/^«*  ^  £i\d.    Metaphyf. 
rum,&.c     Hethatfindies  to  Jtnoto  the  nature  of  all  things  divine  and     lib.\.c.\.  adinitium. 
humane  with  the  caufes  of  them,and  applies  his  knowledge,  to  produce  a 

life  of  virtue  and  reafon,  fuitable  to  fuch  knowledge,  he  deferveswor-     /aPandeft.  priorcs,  f.   13. 
thj  to  be  counted  a  Philofcpher,  are    his  words  full  of  weight  and 
worth. 

Order  then  is  to  be  kept  in  Sciences,  which  will  beft  be  done  by  love  to  them,  found-- 
ed  upon  knowledge  of  them-,  for  whencecome  heats  but  upon  ignorance,  on  theaf- 
faylants  part,  and  zealot  knowledge  on  the  Defendants :  thecompofure  ofwhichwill 
beft  be  brought  about  by  their  unanimity,  to  credit  iludy  with  praftice.  For  when  all 
is  done  that  art  can  witnefs  to,  and  woo  the  world  by  to  love  her  •,  if  it  leave  the  man 
that  has  it  like  Barlaam  the  Monk, ,  whom  the  Hiftorian  makes  a  rare  Critique  in  Eh- 
did,  Ariftotle,  Plato,  but  vitiating  all  this  m^ay  m«fc«ji,  by  filling  a  peaceable  Church  ComacuMfU,, 
with  dtfeerd and  cavils,  fire-balls  thrown  about  by  his  wit.  Better  I  lay,  know  nothing,  Hirta.ir.jj. 
then  thus  to  know  any  thing:  better  to  know  a  little  ufefully,  then  much  to  no  other 
end ,  but  to  difhonour  God,  and  difturb  men. 

As  then  there  muft  be  knowledge  in  Science  to  make  men  value  them,  fo  where  there 
is  not,there  will  be  contempt  of  them,wbich  their  followers  not  enduring,  proceeds  to 
enmity  at  laft  between  them  •  yea,  and  if  the  learned  fide  get  the  Victory  by  argument, 
yet  if  they  havenotaftrenuity  of  praftice  to  confort  with  their,  learning,  well  they 
may  obtain  of  men  flafhes  of  fame  ,  *but  real  and  true  Viftors  they  will  not  be.    Philo 
elegantly  reafons  this  with  the  learned  man  in  thefe  words,  Tie©-  yt?  ?H<r/K,  See.  what  ut.  d*  honJ; 
reafon,  fays  he,  haft  thou,  0  man,  to  confider  the  nature  of  Heavenly  bodies,    and  vault  up  nBm  mt»»tione» 
into  the  knowledge  of  things  beyond  thy  reach .-  what  fenfuality  haft  thou  by  this  sleiB  purged  t'1""' 
tut  tf  thee  ?     what  ma  fiery  over  de  fires  and  pajjions  obtained  ?  art  thou  more  divine, akW 
left  carnal  by  this  then  thou  waft  ?  if  not,  ng^d-nt  Jivfyav,  See.  as  Trees  Jignifie  nothing, 
if  they  be  barjren,and  bear  no  fruit ;  fo  the  knowledge  of  nature  amounts  to  nothing,ifit  ad- 
vance not  virtue  in  us. 

From  all  which,  argued  upon  occafion  of  our  Texts  inftance  of  Arts  fo  far,    and  no 
farther  loved  then  known,thc  conclufion  is,that  knowledge  is  the  key  to  love.and  all  the 
fruits  of  it.     And  where  it  truly  and  foberly  is,does  not  heighten  paflion,  but  trims  and  • 
polifhesittoaferious  purpofe,  that  is,to  magnifie  God,accord  with  men,  andcxem- 
plitie  virtue  in  a  daily  pra&ife  of  it  ■,  which  well  executed,  will  evidence  to  men,  that 
God  has  made  a  connexion  of  Sciences ,  and  that  where  any  truly  is,   there  are  fuch  de- 
grees of  univei  fality,as  make  men  civil  to  thofe  Arts  they  are  not  Matters  of,  and  rude  c*iiusc»icagBi- 
Diftators  in  nothing  that  is  cryptique  and  mutable :  fo  true  is  that  oiCalcagninus ,  It  a  n^Cnm," 
juncta&  copulata  funt  inter  fenatura,   Ht  fine  piaculodisjungi  mn  pojfunt  ,nam  ficut  in  U»a. 
eorpore  humano  nikilfruftra  pofitum  eft,  quod  adfuum  opus  eftinftitutum,  cater  ifque  par- 
tibus  refponieat,    ut  non  fine  pernicie  avtlli  pofsit,  ita  difciplina,  id  eft, humans  vita  mem- 
bra inter  fe  conntxafunt,  ut  feorftm  poftta  mane*  &  mutiles  funt ,  nemtngo  Phi fica fine 
Lbgicis,  nemo  Logica  fine  Mathematicis,  nemo  omnia  fine  orationis  prtjidio  afiequatur. 
.  Though  therefore,  there  may  be  upon  various  degrees  of  apprenenfion  ,   more  or  *  ' 

lefs  proportions  of  zeal  and  indirTerency  towards  Arts,and  the  Rules  of  them,  accord* 
ing  to  the  meafure  of  mens  expending  of  themfel  ves  upon  them  ■,  yet  will  there  ever  be 
in  true  Philofophers  fuch  a  moderation,  as  keeps  from  the  deridebit  of  our  Text.    Foffr  , 
though  our  Chancellour  phrafes  thus  the  effed  of  ignorance  and  difaffection,  yet  doe$ 

A  a  be 


04.  A  Commentary  upon  Fortsscue. 

he  ufes  this  Hyperbole,  rather  to  make  his  Arguments  more  weighty, then  to  affirm  the 

very  fpecirique  dflfect  of  them  to  be  derifton.    I  or  that,  importing  fcorn,argues  enmity 

and  fuperb  prcvalency  in  the  foul  againft  the  principles  of  wifdom,  which  calm  and 

foften  it.    now  a  wife  and  virtuous  man  will  rather  pitty,and  pray  for  mens  reductions 

.  fromerrours  prejudices  and  miftakes,  then  contemn  and  reproach" 

Tigi  aaurtnhrum  mtit  m  limine.  (*(ii    them  for fuch  their  defectsand  alloys. And  hence isit  feen,that  thofe 

,;».«.  m»u*  ,n  «».  r,i.<  „  \><»;tl"n     that  are  the  merry  mad  Satjrifis  of  Ages,  whofe  wits  run  to  wafte 

intuit,  intm  duti"  tjt  vntrwm  strtuuium  J  'a  j       •  11  r 

jmtd  mmrHm  ijiui  ftrermi.  TtfHftmt  f»-     in  pafquillous  invemves.ana  mordacities, Z,«n.**-like,  fproutimo 
c«.cyriiiaj/.i.i.Apoioj. .MoraUk.  «.i».       fuch  prodigious  excefTes  of  folly,  that  they  need  no  Hell  more  then 

the  vanity  of  their  own  actions  procures  them-,  while  every  calm 
mind  acquiefces  in  the  ferious  ftudy  of  himfelf,  and  in  the  charitable  opinion  of  others , 
in  Apsioc  per     whom  becaufe  he  knows  not  erroneous  from  pertinacy,  he  uncharitably  cenfures  not  to 
fUtone.  be  abominated-,  fo  that  though  wife  men  may  with  Plato  fmile,yea  and  laugh,whichi?f  fft- 

ri«n  fays  he  never  did;  yet  do  they  not  do  it  with  levity  ,fo  as  to  reproach  their  internal 
gravity  ,or  to  injure  their  brother  in  nature, whom  they  are  bound  by  the  Laws  of  ci ri- 
chii8 "'Cem'*  licy,to  preferve  in  his  reputation,as  to  that  vanity  they  are  «}***r»',neither  y^i*- cuy%t L- 
«©-,that  laughter  which  makes  men  quake  till  they  tickle  again-,which  philoilratus  ren- 
ders by  iduflvyuiZiv,  late  didnUoam  are  ridere,  which  we  call,  to  laugh  out ,  and  is  afcribed 
to  fools  and  mad-men,  nor  that  yiwt  'law®-,  >**»«  (uytt^xit,  yUa>{  pj®- which  the 
chilt    f^ofak  eSemlnAte  Greeks  were  overtaken  withintheir  feafls  of  lubricity  and  compota- 
p.  us  '       '  '  tion :  nor  that  y[ha<  S/Alc/®-,  when  men  laugh  deceitfully,  and  from  a  heart  enraged 
andmalicious,  which  Eudemns  underftands  the  meaning  of  that  phrafe  'Atp  S4*s  «»1*- 
^•omrnvwotu    Yi**<  (**>  thou  lookeft  down  ut on  met  and  deridefl  me.     I  fay  noncofthefe  laughters  are 
good  and  grave  men  fubject  to,  becaufe  this  is  not  onely  to  prophane  the  gravity  of 
their  own  minds,but  to  reproach  God,  who  having  made  nothing  in  rain,  abhors jhe 
Dtndtre  *tpu     contempt  of  any  work  of  his  hands.     And  therefore,  though  men  of  learning  and  chari- 
Be'cna'ore'ci!."  ty  may  difapprove  what  fome  other  fay  and  write,  from  the  better  apprehenfion  they 
have  of  things,  then  thofe  who  attend  them  not  perhaps  have;    yet  (till  will  they  abflain 
from  that  which  the  Text  fays,is  the  too  common  confeqacnt  of  different  Judgments  to 
deride.   Jpfos  deridebit. 

Sie  &  tu  Princeps  Legit  Angliar  feritum  miraberit  ,  fidicat  quod  f rater,  fratri 
ne  quaquam  uterino  non  fuccedet  in  har'editate  pattrna ,  fed  potitts  hare 
ditM  ilia,  foreri  integri  fangninisfui  defcendet,  aut  capitali  domino  feodi  accidct, 
tit  efcaetafua  ;  cum  caufam  legis  hujus  tu  ignorat,  in  lege  tamen  Angliae  diilum 
kujtts  cafus  difficult  as  nuUatenus  perturbat  5  quare  &  vnlgariter  dicitur ,  quod 
♦         art  non  habet  inimicutn  prater  ignorantem. 

This  Claufe  was  that  for  which  the  tore-going  was  inftanced  in-,  for  the  Chancel- 
lour  intending  inftigation  of  the  Prince  to  the  ftudy  of  the  Law,  as  before  he  had  infor- 
ceditfrom  the  excellency  of  the  Law,  as  the  guide  to  Juftice  ,   which  Juftice  he  propo- 
.     .  fes  as  the  defert  of  fame.and  the  foundation  of  duration  in  Government :  fo  now  does 

he  in  this  Claufe  fhew  how  impoffible  it  is  to  love  what  we  know  not ,  ^and  to  be  zea- 
lous for  that,  which  our  Conviction  of  the  excellency  and  ufe  of  it,  does  rot  excite  us 
jto.  And  this,  as  he  does  rhetorically,  by  prefenting  the  worft  effect  of  ignorance,  op- 
pofition,  and  that  with  vehemence  of  whatever  is  unknown  to,  and  unbeloved  by  us 
fo  does  he  difcover  the  dreadiul  effect  of  that  prepoffeffion  by  'deridere ,  a  carriage  of 
contempt  and  vilipendency.  And  this  he  tells  the  Prince,  if  he  knows  not  the  Law,  he 
will  make  appear  by  his  perfonal  demeanour  to  men  of  Law,  whom  thereby  he  will 
difoblige  and  difcourage.  To  prevent  which ,  he  inculcates  his  counfel  of  him  to  the 
ftudy  of  the  Law,  which  alone  can  make  him  love  it,becaufe  acquaiut  him  with,  and  fit 
him  for  the  execution  of  it. 

.  The  great  cor.fequence  ofwhich  wife  men  fore-feeing,do  fo  directPrinces  in  their  edu- 
cation,that  next  the  knowledge  of  God,they  prefer  the  inftruftion  of  them  in  the  Laws 
of  their  Polities  above  all  other  parts  of  breeding,  as  that  which  mightily  relievs  them 
in  all  the  exigencies  of  Government,  and  fhews  them  the  Prefcript  of  fercntty,  if  any 
there  be  in  thofe  heights  of  honour  andfublimation.whichC^r/^j  the  j.afTurcd  his  Son 
he  never  found  in  them  •,  and  thereupon  in  the  Seffion  at  Bmxels,  when  herefigned  up 
the  Government  to  Philip  the  fecOnd  his  Son,  he  thus  fpake  to  him ,  Compathr  tibi,  mi 
filiySic.  I  pittj  thee  mj  Son,  omthfeJboHldert,  by  wj  refignaticn  *f mj  Crcwn  and  Go- 
vernment 


A  Commentary  up  on  Fortes  g  us. 

Veramtnttothcr,   I put  aver] -weight]  burthen;  for  in  aU  the  years  that  I  potfejfed  it,  / 
enjoyed  nrt  *  minutes  time  of  eafe  and  joy ,  free  from  cares  and  fears. 

so  that  the  Chancellour's  application  to  the  Prince  in  the  precedent  claufe,being  con* 
fammvc  of  nihil  amatum  itifi  csgmtum,  points  at  fome  inconveniencies,  which  unskil'd- 
nefs  in  the  Law  will  devolve  on  him. 

Full,  the  Municipe  Law,  which  is  obvious  and  clear,  Anglie  ferito&  in  lege  Augli* 
dttle,  will  be  ftrange  to  him. 

Secondly,  he  will  be  to  feek  of  the  Law.  and  reafon  of  that  which  as  King  he  muft  de- 
fend and  according  to  which,  by  his  Judges  in  his  Courts ,  he  muft  determine  in  cafc» 
of  the  half  and  whole  blood. 

Thirdly,  he  will  not  know  whether  eftates  go,if  they  have  no  legal  Inheritour,  and 
the  owner  ot  them  dies,  fine  harede  Janguinis. 

Fourthly,  he  will  be  grieved,  when  he  fees  the  ill  effects  of  thera,  which  are  onely 
avoided,and  the  trouble  of  them  waded  through  by  knowledge  of  mind. 

Fifthly,  a  Prince  will  know,  that  if  ignorance  does  fo  incommodate  him  and  his  af~ 
fairs.and  art  fo  promote  and  bcautific  them ,  in  pure  Juftice  this  art  and  knowledge, 
whereby  luch  advantages  are  acquired,  ought  to  be  promoted  and  valued,  fincedrj- 
koa  habet  in'micum  prater  ignorantem. 

Firft,   As  all  arts  are  obvious  to  Artifts,  Co  is  it  in  the  Lawes,  they  are  plain  peritis], 
&inlegibusdo8is,  fuch  the  Chancellor  calls  not  thofe  yi^'ofim,  who  are  all  for  prate 
andnoife,   Litium  ftrepitu  gaudentes  ;  but  fuch  as  pent  tmuia  profit mtur,  men  verfed  r.DeOratort. 
in  all  points  of  Law,  in  no  portion  of  its  neceflary  Knowledge  defective,  rerum  diiina- 
rum  humAnarumque  notion^  jufii  attjue  injuflique  fcientiainfirulli,  according  to  Vlp'r 
an  ■   I  mean  not,  nor  do  I  think  our  Chancellor  did  mean  fuch  an  Attainment  of  Know- 
ledo,  as  is  to  a  perfection  fo  properly  called  ^  for  fo  no  man  is  capable  of  Knowledg,  the 
perfe'ctCod  is  onely  thas  perfect,  but  fuch  a  perfection  as  is  haveable,    Chmfaclum  lnL~tmi39m  u 
eft,  Mud  quod  fieri  inter  partes  convenit,  qui  it  a  cenfummavit  fcientiam,  ut  jam  in  n(u   Ltgtm  Juliam 
ejfepojjit,  as  Alciat  note  is,  fuch  as  enables  a  man  to  give  counfel  and  direction, what  to  f,  Pafi,mf'"'' 
do  in  every  cafe,  and  a  judgement,  in  cafes  determined  and  adjudged.  ug*^  v"rb'""n 

This  is  the  fenfe  of/if ritus  &  dot!  us  in  legibus,  Peritus  coming  from  "an  old  Verb 
perio,  or  (according  to  Nonius)  ape  rio,  as  if  one  peritus  had  not  onely  opened  the  way, 
but  gone  through  the  path  of  learning ;  fome  have  made  thefe  two  words  nothing  jfai- 
crepant,  but  TuUj  has  given  peritus  the  call  beyond  dottus,  ior  dollus  a  manroa^ybe  iHoufmmfc 
in  point  of  reading,   and  the  wifdora  of  the  minde,  who  is  not  peritus,  for  that  implyes  *f  '* "  Pm'"f* 
dottus  and  a  faculty  to  fet  it  forth  to  the  utmoft  advantage,  which  we  call  a  dexteri-  ?!L?/f.ogk% 
ty  ;    fo  TuUj  mentions,  Sapiens  hmo,  &  mult  arum  rerum  peritus,  and  he  commends  *>™  Ftomeio  n. 
v£Ubs  as  one,  antiquitathy  veterumque  fcriptorum  literate  peritus,  fo  a  good  Orator  is  De  cia'r.  orato- 
called  dicendi  peritus  ■.   a  good  Souldicr,  peritiffimus  homo  belliferandi  ■   a  good  teacher  ^b"5  'f; 

r  lit-  J  » »    r  •  ■  .    '        °  ,  ,         Quintil. /.I.cr.  J. 

of  youth,  doccnii  peritus  i  a  good  Mulitian  at  the  voice,  cantare  peritus  i    one  that  de-    virgii.  10.  &W, 
fines  things  well,  dtfniendi  peritus  ■,  yea  a  Husbandman,   that  is  thorowly  verfed  in  i-o&c.jr.  . 
culture,  peritiffimus  de  Agriculture  :  all  which  are  Excellencies  of  action, and  demon-  ^nul'tJ^ 
ftrative  Skils :  fo  here  [peritis~]  intends  the  Matters  of  them  fo  well  verfed  in  Law  cafes, 
that  not  onely  the  prefeat  Age  wherein  they  that  thus  excel,  live  •;  but  after- Ages  by 
their  writing  conclude  them  learned,  and  for  that  caufe  reverence  them. 

Secondly,  To  thefe  then,  though  the  cafe  may  be  clear,    that  the  Brother  of  the  half 
blood,  fh'all  riot  fucceed  to  his  Brother,   but  rather  the  Sifter  of  the  whole  blood ;  yet 
to  a  man,  that  knows  not  the  Law,  'twill  be  ftrange.    Hereupon,  if  the  King  knows 
not  the  Law,  he  will  be  ignorant  of  the  reafon  of  the  Law-,  which  is  this,  The  Bro- 
ther of  the  half  blood  fhall  not  inherit,  becaufe,  he  not  being  of  the  com  pleat  blood, -is 
not  a  compleat  heir  .-  fo  Sratton  fayes,  the  Law  ever  was,  that  an  Heir  muft  have  Lit.  *.p.ir».  B. 
fanguinem  duplicatum  •,   and  Fleia  lib.  6.  C.  I.    de  propinquitate  haredum,  fo  Littleton  &^k]'^L6s'    , 
fed.  6.  and  fo  is  my  Lord  Co«^s  opinion  on  him,  not  onely,  guhd linea  retta  prafertur  Fcc-Jmpic.^n.. 
tranfverfali,  but  becaufe  the  whole  blood  is,  pluis  digne  de  fan\^x   and  the  general  al- 
lowed Law  of  JEngland,  Prophquior  estcludit  propinquurv,  propiuquus  remotum,  renio- 
ius  remctiorem.  >•''»,...  ^'  ^""'' 

Thirdly,  Nor  will  a  Prince  without  Knowledg  ( in  fome  degree)  of  the  Law,  know 
whether  eftates  will  go  :  if  there  be  not  fratres  uterini,  yet  the  law  dire&s  to  the  Sif- 
ters of  the  whole  blood -,  and  in  this  cafe  the  Law  is  clear,  a  Sifter  of  the  whole  bood 

A 'a  2  (hall 


$6 


Lit.  i  /«£.  »• 


C*f.  quid  "'n  *'- 
fotvuiir. 

I.  Inftit.  •»  Litt!. 
f.U. 


Digeft.  lik.ti. 
Tit.  »  iiritm  «*■ 
ftiarum.  f.  1114- 
Virgil.  UK  i . 
(Jcotj. 

lo.riiil.  <&•'■*•  J 
De  Outoie. 


Advert".  M.i». 


^  Commentary  «/>oh  Fortes  cue. 

(hall  be  in  ft  mm,  as  a  Brother,  and  inherit  qua  ft  he  ,  fo  Littleton,  and  all  other  Autho- 
rities ,the  reafon  whereof  is,  becaufe  proximity  of  blood,  takes  of  all  defects,  not  one- 
ly  in  the  Crown  where  no  Salique  law  is  good,  but  in  particular  Eftates  to  the  injury  of 
Sifters,  whom  God  admitted  Heires  to  their  Father's  1-ftates,  they  having  no  Brothers, 
Numb,  xxxvi.  a/id  for  defect  of  thefe  Heires,  either  of  the  body,  or  the  blood,  or  by 
will  tefiamentary  Heires  ■,   though  1  know  till  the  Statute  32  H.  8.c.  1.  Lands  were 
not  devifable  by  will.  Lands  are  to  defceud  as  an  Efchcate  to  the  Grand  Lord,  either 
the  KingastheySprf/wK/  Domims  &  hares  -,  or  to  the  Lord  to  whom  he  has  granted 
this  Benefit  of  his  Prerogative,  as  his  Efcheat.     Efcaeta  a  word  of  art,  Efcaeta  vulgb 
dicuntxr,  (  faith  Ocleam  )  qua,  dtcedtntibus  his  qui  de  rege  tenent,  Sic.  Cum  non  txijlit 
ratione  fanguinis  htres ,adfifcunt  relabuntur,  thefe  Sir  Edward  Cook^  makes  to  happen, 
ant  per  defectum  fanguinis,  aut  per  delictum  tenentis ,    fee  more  ofEfcheats  in  FUta 
lib.  3 .  c.  1  g.    What  the  Common  Law  calls  Efchatta,  the  Civil  Laws  1  fuppofe  names 
Caduca ;  fo  Paulut,  Vetertm  fftnfom  in  Provincia,  quam  quis  adminiflrat,  uxorem 
ducerefottfl.  &  dn  data,  ncn  fit  Caduca.     This  word  CW*C4  hom  cadere,  they  apply 
to  all  things  that  do  cafually  happen,  Caducasfrondes,  for  leaves  ready  to  fall :  Caducd 
Hareditas  is  ufed  by  TuUy,  and  fnvenal.  9.  Satyr.  9. 

propter  me  fcriberis  hares 


ttrtifrimi  D« 
Excel'.  Horn. 
c.  55.  p.  1 60- 


jf.5<: 


£/•  ti  Heliodor. 


Legatum  ctnne  cupis,  nee  ncn  &  duke  Caducum. 

And  that  he  is  called  CV«<iW*>-««,  that  is  Heir  to  him,  that  has  no  Heir,  Tumebm  is 
Authority  }  fee  Brecheus  ad  legem  30.  p.  92.  lib.  de  verborum  ftgnificatkne. 

Fourthly,  Thefethingsas  they  are  obvious  to  men  of  parts,  ftudy,  and  bufineffe  in 
the  Law,  fo  would  be  very  troublous  and  hard  for  a  Prince  to  underftand,  that  whdly 
neglects  the  confederation  of  them  ;  to  prevent  which,  the  Chancellour  conjures  the 
Prince  to  ftudy  the  Law,  that  he  may  be  ready  in  understanding  of,  and  right  judge- 
ment concerning  it. 

And  laftly,  All  the  precedent  Arguments  he  prefles  to  hinder  a  dangerous  and  ne- 
ceflary  effect  of  ignorance,  Enmity  to  Art  and  Law :  for  notwithftanding  all  the  good 
Offices,  Knowledg  of  Art,  and  of  that  of  the  Law,  doth,  yet  will  it  not  carry  aletter- 
leflominde  above  a  barbarons  hatred  of  that  which  is  raoft  beneficial ;  nor  has  ever 
learning  been  more  courfly  dealt  with,  then  from  thofe  that  know  it  lead,  Ars  ncn  ha- 
bet  inimkum  nifi  ignorantem. 

For  God  having  made  man  after  his  own  Inage,   in  the  Endowments  of  his  reafon- 
able  Soul,  with  thofe  Perfections  in  remifs  Degrees  which  are  eminently  in  himfelf,  has 
no  doubt  in  him,  if  improved  to  the  utmoftof  his  ingenuity,  a  capacity  toad:  to  the 
life  the  fpecifique  actions  of  every  creature  under  his  Subjection,  as  Phavorinm  \c:y 
notably  aflerts  .-  and  that  he  does  not  effect  great  things  by  the  illuminations  of  his  in- 
tellect, proceeds,  partly  from  the  penal  acceffions  of  fin,  which  have  blunted  their  edg, 
and  dulled  their  perception  •  and  partly  from  the  torpor  and  negligence  of  us,  who  do 
not  put  forth  what  of  the  remains  of  our  creation  is  yet  upon  us.    From  whence  alone 
it  is,  that  we  are  fo  ignorant  of  our  duty,  and  fo  unprovided  to  comply  with  the  pro- 
vidences of  God  towards  us :  this  makes  us  ignorant  of  and  pertinacious  againft  things, 
becaufe  we  are  at  a  lofTe  concerning  them,    S i  bona  fide  fumus,  &c.  Jf  we  wereinear- 
neft,and  anfweredthe  Prefcript of  God,  we  would  contemn  the  merttrkitus  avocations  of 
thtsWnrld,  no  delights  of  ft nfe  fbould  interrupt  onr  commerce  with  divine  objects-,  'tis  a 
light  wit  that  h.ckes  nothing  inward,  but  is  who ly  fw allowed  up  in  the  gaity  of  externals. 
And  in  his  9  5 .  Epiftle,  Tctttm  mundum  (faith  he  )fcrutor,  &t.  /  fearch  the  whole  World 
and  give  my  [elf  a  liberty  of delight,  great  things  roufe  me  up  to  contemplate  their  tran- 
feendtnej,  this  makes  me  fortified  againft  all  unpleaftng  accidents,  which  J  /ye  net  as  ca- 
fualiies,  but  God's  defigns,  which  I  am  readily  to  comply  with,  and  c  hear  fully  to  follow , 
mot  as  that  I  cannot,  but  will  not  wave,  becaufe  it  is  the  beft  fruit  of  my  duty.     Thus  does 
Divine  learnir.g  fit  a  man  to  deny  himfelf,  and  to  be  free  to  perfue  the  Errand  otriis 
Maker,  St.  ferom  tells  us,  that  Hippias  the  philofopher  called  by  the  Greeks  Omni- 
feint,  was  wont  to  glory  that  he  made  every  thing  about  him  with  his  own  har.d,  while 
he  had  a  knowing  head,  and  a  contented  mi nde,  his  hand  was  able  tofupply  him  with 
nccefTaries  to  nature  ■   and  for  humour  and  phantafie  he  had  the  Maftery  of  thofe;  his 

learning 


A  Commentary  upon  Fortes  cue.  97 

learning  had  nude  him  free  from  all  thofe  little  dates  and  airy  Pun&ilio's.that  ignorance 

atfefts,  and  now  he  being  arrived  at  wifdom,  was  by  it  m:inu-mitted :   no  wonder  then 

Galen  calls  arts,  i\Jjti-U  (M^xa-m,   and  Ariftotlt  ifjj3t'j.*i  Zfonuat,  and  eA<i3fe<o/ 

hiyi,  which  B-tdxuf  oppofes  to  chofe,  $-iuKui  &&■**<>  and  iva.  <L^i^t(  i^Mtt,  be-  inrrtiqui, ;«. 

caufewhenthefe deceive  a  man,  and  prove  no  fubterfuges  in  want-   the  liberal  arts  d'a"  ?■'-**■ 

arc  a  kind  of  portable  Mines,  and  Magnetequ's  that  draw  fame  and  fortune  to  them 

everywhere,  which  confirms  thitas  all  knowing  men  do  loveKnoWledg  mothers  and 

promote  it,  fo  none  are  Enemies  to,  andoppofe  themfelves  again  ft  it,  butfuchasare 

ignorant  ^  which  chat  the  Prince  may  not  be,  che  Ghancellour  proceeds  to  dfhorc  him 

in  the  fubfequent  words. 

Sedabft  a  te,  fili  Regis,  ut  inimicerU  legibus  regni,ejtto  tu  facceffums  es  ;  vel,  at  eas 
Jpernas  qmm  jitfiitiam  deligcrc,  pradtclafapienti*  leUio  te  erudiat. 

Thefe  words  do  fignifie  fome  fears  in  the  Chancellour,  and  chofe  probaHy  not  ground- 
less ones,  that  the  Prince  being  young,  bred  abroad,  and  martially  addifted,  might 
be  drawn  by  thofe  treacherous  lures  of  love  and  revenge,  to  decline  the  Jove  of  the 
common-Law,  and  admire  fome  other  Law,  which  had  more  complyance  with  abfo- 
luteneffe,  and  Martial  rigour  then  our  Law  has  :  now  this  the  grave  Judge  forefeeing 
of  evil  confluence,  the  p;op!e  of  ErtgUni  admiring  nothing  above  their  Lawes,  nor 
loving  any  Governor  further  then  he  rules  according  to  them  j  he  fe.ioufly  dehorts 
him  from,  and  cautions  him  againft  fuch  humours,  and  chat  not  cooly  and  Courtlyly, 
but  by  an  amicicia!  vehemence,  and  oratorious  P.ithos,  in  which  all  arguments  of  d:l- 
fwafion  were  couched. 

Abftt  ate,  as  much  as  if  he  had  faid,  Sir,  fuch  an  errour  in  judgement  and  choice 
becomes  you  not,  nay  rather  you  are  fo  to  abominate,  as  men  do  Carrions,  and  Sacri- 
ledges,  Incefts and  Sodomies-  che  Hebrews  exprefte  this  ah  fit  by  n^Vri'  1"od  pro- 
fhitni  &  impure  rei  notionem  habtt,  and  the  learned  fay  'tis  ufed  citm  rem  diramatejue  ■  .  T  „ 
atrocem  abomittamttr,  when  the  Children  of  Reuben  were  charged  to  have  built  an  wa.it!" 
Altar  to  confront  God's  Altar,  their  anfwer  begins  with  this  abftt,  God  forbid  that  vfcr 
fbould  rebel  Againft  the  Lord,  and  turn  this  day  from  following*  the  Lord,  c.  xxii.  v.  24. 
res  prophana  efi,  fervis  tttis  hujusmodi  f acinus  defignare,  fo  the  Ckaldee  Paraphrafe  • 
abftt  abuntinant'ufermo  eft,  Eftiftf,  Erafmus,  and  Grotius  jointly  affirm,  and  fo  Saint 
iWufesit,  Rom.  iii.  4,6,  13.  vi.  2, 15.  vii.  IJ.  ix.  14.  xi.  1.  1  Cor  vi.  1  s/.  Gal.  ii. 
17.  iii  2 1.  vi.  14.  yea  the  Jews  long  afore  Gen.  xliv.  7.  1  Sam.  xii.  1 3.  xx.  2. 1  Chron. 
Xi.  19.  Job.  xxvii.  5.   Lul^  xx.  1 6. 

To  the  fame  purpofe  theLatines  abftt  procul,  fo  Cic.Vt  illibcralitatis,  avaritiaque  loffic.j. 
abjitfuffi  io;  and  Martial,  Abjit  a  jocorum  noftrorum  ftmplicitate  malignusinterpres, 
Jo  Pliny,  procnl  a  nobis,  nofir/sejue  Uteris  abfist  ifta  :  thus 'tis  in  its  own  nature  to  be  ''*•«•»>• 
avoided. 

But  abftt  a  te,  fili  Regis,  there's  another  ftep  to  the  dchortation,  Sir,  You  are  Sou  to 
a  King,  and  a  pious  King,  who,  though  he  fuffered,  yec  was  more  then  a  Conquerour  -, 
your  Father  loved  and  lived  in  Rule  according  to  the  Lawes,  and  he  has  principled 
you  with  juftice,  according  to  thofe  Lawes  the  Standard  of  it;  do  not  ftain  your  high 
Wood  and  noble  greatneiTc  by  aftions  of  meanneffe,  let  Pcafants  and  men  of  low  birch 
expeffe  lubricity  and  weakneffe  by  fuch  illiberal  courfes  as  inconfift  with  regal  Mag- 
nanimity- let  the  Lawes  ( Sir )  have  the  honour  of  your  ftudying  of  them,  that  they 
may  have  the  fruit  of  Proficiency,  your  love.     And  truely  if  the 

considerations  of -re  spew  will  not  work  with  men,  what  will.  For    S»»iicct,bmH»int^.  &  yuihmtfHn 
fince  the  glory  and  praife  of  every  thing,  is  from  thac  decency,     'f'  *""'  Clf-'-offic- 
which  it  car.-yes  with  it,  and  that  Conformity  which  icexpreffes 
to  the  Canon  of  its  regulation  -  as  to  fiehc  advifedly,  and  with     „""•  Dl"  d'"i. V"'""'4, 

1  5      1  j-  /•        1/1  1  1  1  Dint  mt  h*c  vt/tii,  Plaur. 

courage,  commends  a  Soulaier,  t«  lpeak  fluently,  and  with  apt    D,Mm,bu ■*«{,*, /«*»/<.»,  piaur. 
tones  of  Elevation  and  Cadence,  a  true  Orator  ;  to  argue  fubtilly 

and  with  nervofity,,  an  exaft  Logician,  to  diftinguifh  crittically  and  with  Scripture  Ex,"?l»  £*">&• 
dearnefre,areadyCafuift,  to  dance  nimbly  and  with  ereft  body,  a  trim  Courtier  .  '^! T'd^, 
to  plead  boldly  and  with  apt  (trains  of  captivation,  a  good  Advocacy  fo  to  love  the 
Lws  from  experience  of  the  ufeJ  worth,  and  benefit  ofchctn,  to  the  ends  of  guberna- 

tive 


98         A  Commentary  upon  Fortescue. 

tive  virtue,  becomes  a  Governour,  and  he  that  reafons  not  with  himfelf  from  the  point 
Dicmtu.  onw-   ofhonour  and  decency,  to  the  Motives  of  hisaftion,  will  never  aft  as  becomes  him: 
jKbciJ.f.  this  was  it  that  made  Abraham  implead  God's  purpofc  againft  Sodom  (as  with  reve- 
N»tDeof.         rente  I  write  it)  ufing  a  phrafeof  Cogency  with  men,  when  he  fupplicated  God, 
qm.mu.it.      Shall  not  the  Judge  of  all  the  world  do  right  ?  to  flay  the  righteous  with  the  wicked,  that 
be  far  front  thee  ?  he  takes  advantage  from  the  nature  of  God,  to  plead  for  the  aftions 
fuitable  to  it;  God  is  the  Judg  of  all  the  wor!d,and  Judges  are  to  do  right,  now  fayes  he, 
far  be  it  from  the  Judge  of  all  the  world  to  put  good  and  bad  into  the  fame  common 
calamity,  and  to  reward  good  with  evil ;  that's.O  Lord,  contrary  to  thy  nature  as  juft, 
to  thy  Prerogative  as  a  Judge,  the  Judge  i  to  thyeminency  of  all  the  world,  to  thac 
intereft  in  thy  Juftice  which  all  men  thy  creatures,  and  the  good  tfpecially,  expeft,  To 
have  right  done-,  that  be  far  from  thee  not  to  do.   So  foftfh  when  he  considered  Potipher's 
confidence  in  bim,  and  the  refervation  of  his  wife  to  his  own  fruitions,  yea  the  contra- 
diction that  was  between  a  Servant  and  a  Paramour,  and  the  ingratitude  that  his  accep- 
tance of  the  invitation  to  his  Miftreffc 's  imbrace  implyed  to  God  and  Potiphar,  reafons 
Gctxmu.  ».      ^        fj0WCMM  idothiswickeduejfe,  fo  Nehemiah  refcued  himfelf  from  fubtile  inafti- 
*M«w.Ti.  11.      vjry|  wjjcn  Q0£t  caufe  was  fo  concern'd,  by  this  fiaUfuch  a  man  as  Iflj. 

Indeed  all  the  great  aftions  of  Heroiquenefle  that  men  do,  are  ( next  the  grace  of 

God )  upon  the  InftigatiOns  of  the  cOngruity  to  do.or  to  forbear  ,  which  aftions  have 

with  our  Conditions,  profeflions,  obligations,  and  fuch  like  cir- 

B»flus  mjiir  viiebrtur  mibi  (nftqui  ft.    cumftances^  Becaufe  Kings  runn'd  not  at  the  Olyfnpique  games,  A- 

&  c.»e..n,.  &  ^'Vj^'t/Zlt'    lexander  would  not  •  becaufe  Pomfej  faw  his  affairs  loft  without 

/!W  &  firttttr  fine  itndmm  fat   Senec.      «.      „      f  .  '  j     1.      (i  y  ru-  f. 

Sfift.ii.  "lt  Prcfence,  he  contemned  the  danger  01  his  Attempt    with 

this,  neceffe  eft  ttt  earn  mn  ut  vivam.    Becaufe  fitlim  Cafar  had  the 

refolutions  to  be  the  Phoenix  of  his  age,  he  orerlook'd  the  dread  of  refolute  Senatours, 

eying  him  as  their  Supplanter  and  vowing  his  death  ;  and  hence  became  he  their  fac*ri- 

fice,  who,  had  he  obferved  his  precautions,  had  evaded  them  ; 

Knttviriiintrifaintm.  hm  &  iiint  *e-  what  (hall  I  fay?  Seneca  makes  this  an  argument  beyond  moft, 
uto.«r*fi*»  v,rm,fi,.  'i*****  t.       hcn  i,e advifes  t0 debate  with  a  niis  own  heart  w£en  procjive 

tur  vim  fir  imnt*  ctnfirum  fibi,  quo*  mn  _  ■  ,  v         >  * 

pun  iff:  *<f>  rinm  fdmut  uniinfM,  &  to  tin,  Mayor  fum,  &  ad  mayora gtmtus ,  ejuam  utmamipiumfim 
„,.  p,r  ,»<«  *v.m  &  hnm***  mfcHn-     carniJ  mt  .  whjch  nad  yn2orintis  the  fifth  of  the  thirty  Tyrants 

S^Trf^-' r If-'r-^--  ™» in  v.r-  done,  he  would  not  have  left  that  one  Record  to  his  blemifh 
tun  rnjanum. «»»  Antoninum  in  dmn.  that  he  has.-  fulius  Aterianus  fets  him  forth  as  the  Deputy  in 
t*JSE32SZX&E&  ***  after  fofthumus,  and  fecond  to  none  in  the  office  :  not  to 
Toilio  in  vift»iino.  Trajan  in  virtue,  not  to  Antonine  in  clemency,  net  t»  Nerva  in  Gra- 

vity, not  to  Vefpafian  in  ordering  his  Treafury,  not  to  Pertinax,  or 
Severus  in  martialling  his  Military  courfe  of  life  ;  but  all  the  glory,  and  fame  of  thefe 
virtues,  his  libidinous  dejire  and  ufe  of  women  defam'd;  fo  that  no  Hiftorian  durft  applaud 
bis  virtues,  foftained  by  his  wices.  And  therefore  no  wonder  though  our  Chancel- 
our  brings  in  this  (fili  Regis)  to  back  his  abfit ,  fodid  the  Mother  of  KingZfww/do 
Tnv.xxxl*.  to  bim:  It  is  not  for  Kings  0  Lemuel,  it  is  net  for  Kings  to  drink,  wine,  nor  for •  fr in- 
cef  ftrong  drink^,  leaft  they  drink,  and  forget  the  Law,  and  pervert  the  judgement  of  any 
of  the  affliSed. 

Efpecially  when  this  to  do,  is  an  JnimicerJs  •,  for  to  be  ignorant  of  the  Law  is  riot  to 
love  it.and  not  to  love  the  Law  the  rule  of  juftice,  is  to  affeft  in  juftice,  and  to  refolve  ir- 
regularity, and  that  is  to  proclaim  an  enmity  againfl:  the  Law,  and  againft  fuch  a  Law 
as  is  the  Law  of  your  own  Country,  to  which  your  Father  and  his  Progenitors  fwore 
Obfervation,  in  the  prefence  of  the  great  God  of  Heaven,  and  the  great  men  of  your 
Nation.     This  is  the  force  of  the  Text,    Abfit  a  te,  pi  Regis,  t:t  inimieeris  legibus. 
regni  tui,  why  .?  'tis  'mimic ari  tibi,  &  tuis,  'tis  to  proclaim  thy  felf  not  a  Royal  minded 
Prince,  who  art  a  Father  to  thy  people,  but  a'fevere  Lord,  who  wilt  rule  them  by 
will,  and  rule  over  them  by  power :  'tis  to  decline  the  Oath  in  the  Coronation,  which 
Mon»whi«  &"  wi^eKing7'H»Mfaid«   Ilthe  *l'*reft  civil  and  fundamental  Law,  whereby  the  King's 
f.i»*KofWi*      Office  is  Properly  defined,  yea  and  the  office  of  a  Father,  which  by  the  Law  of  Nature 
woiki.  (  as  well  as  Policy  )  the  King  becomes  to  all  his  Leiges  at  his  Coronation :  'tis  ifernere 

,  jnfiitiam,  to  think  juftice  too  trite  a  path  to  walk  in,  though  it  be  the  path  of  peace  and 
fubtilty,  For  certainly  a  King  that  governs  not  by  his  Law,  can  neither  be  countable  to 
G«df$r  his  adminifiration,  nor  have  a  haffy  and  efiablijbcd  Raign  :  and  a  good  King  will 

not 


^Commentary  upon  Fortes  cue. 

fist  onely  delight  to  rule  his  Subjctls  by  tht  LtCto,  but  rcen  mill  conform  himfelfin  his  tton 
aQions  thereunto,  always  keeping  that  grmnd,  that  the  health  ef  the  Common-Wealth  be  his 
chief  Lav.  So  wrote  a  King  that  knew  how  to  rule,  and  to  value  the  Law  too,  learned 
King  fames. 

PrtdiUafapient'tt,  lectio  te  crudiat. 

This  refers  not  to  the  vulgar  faying  immediately  before,  Art  hath  mo  Enemy  but 
igntrante  -,  but  to  the  paiTage  out  of  the  fecond  Pfalm,  mentioned  in  the  fourth  Chap- 
ter, Be  Wife,  0  je  Kings,  andbeinftruEled,ye  fudges  »f  the  Earth,  Kifs the  Son,  left 
he  be  angry,  and  ye  perifhfrom  the  rvaj.  Which  being  the  counfel  of  the  Holy  Ghoft, 
and  penned  by  his  amanuenfis,  and  that  to  the  intent  of  prefiing  Juftice  on  them  (upon 
account  of  propitiating  the  chief  Juftice  of  quick  and  dead,the  Son  of  God  Chrift  fejus) 
may  well  be  called  eleiliofapientia,  and  juftly  termed  ilhserudire-,  for  if  any  prudence 
be  by  man  in  this  militant  ftate  expreffed/tis  ihis,of  laying  up  a  good  foundation, of  labour- 
ing for  the  meat  that  perifheth  not,  of  confirming  him  our  friend,  who  is  commiffionated 
by  God  with  all  power  in  Heaven  and  Earth.  And  if  any  method  be  more  indubitate 
and  exquifitc  to  this  end  then  other,  'tis  that  which  Juftice,  known,  beloved,  and  pra- 
ftifed,  dire&s  us  how,  when,and  where  to  ufe,  this  virtue  therefore  as  the  rapfody  and 
accumulation  of  all  excellency.  Our  Chancellour  does  ever  touch  upon, as  that  which  ie 
fubjellum  regalistura  ,  and  without  which  the  foundations  of  thcEarth  wiH  be  out  of 
wier. 

Itcrnrn  igitur,  ataue  iterum,  Princeps  inclytijfme,  te  adjuro,  ut  leges  regnipatris  cui 
fuccefurus  es,addifcas. 

The  confequence  of  Juftice.as  our  Chancellour  has  largely  explicated  in  the  fourth 
Chapter,  fo  does  he  here  re-intimate,by  his  earned  and  vehement  conjuration,  feifing 
upon  all  that  is  tender  and  noble  in  him,  to  love  and  embrace  Juftice,  treafured  up  in 
die  Laws  of  England.  And  firft  he  befpeaks  him  to  do  this,  as  what  beft  becomes  him, 
as  he  is  Princeps  inclytiffimus  ■,  the  firft  Head  on  a  Subjects  fhoulders  ■,  the  fecond  in  the 
Kingdom ,becaufe  the  Heir,  but  one  degree,  as  was  nippofed,  on  this  fide  the  Throne  i 
and  then  he  is  as  Indjtiffmus,  one  that  was  for  endowment  of  mind  as  confpicuous,  as 
for  external  accomphfhment  acdamated  }  for  fo  Jnclytus  ( of  which  lnclytiffmus'vi  the 
fuperlative)  fignifiesin  its  bare  pofitive  notion,  inelytf/s,infignis,gloriofus,velutiful~ 
gore  efucdam  fan  a  reff lenders.  Hence  every  thing  of  remarkable  and  fignal  eminency,is 
exprefTed  by  this  word.  Livy  writing  of  the  juftice  of  the  elder  Rimane  times,exprcfles 
itthus,  Inclytajufl tia,religioaut  eji  temperate  Numa  Pcmpilii  erat ,  and  Plautus  his  In- 
tljtus  apud  mulieres.  Virgil*/  Amis  inctytus  & gUria  tnclytafama  ;  and  Mania  inclyta 
ieSo.  Thefe,  and  fuch  like  expreffions,  in  florid  Authours,  argue  our  Chancellour 
here,ufirg  the  word  in  the  higheft  notion  of  it ,  to  intend  the  heighth  of  prevalence 
with  the  Prince,  whom  thus Tiighly  he  prefers.  And  then  the  Chancellour's  edge  to 
propend  the  Prince  to  the  Law ,  as  the  rule  of  Juftice  expreffes  it  felf  by  fuch  rhetorical 
Charms  as  are  not  to  be  avoided,  Iterum  atque  iterum  te  adjuro,  a  form  ofcomprcca- 
tion.which  emphatizes  it  felf  in  the  reduplication,  Iterum  ataue  iterum,  aplower  tran- 
/planted  from  Maro'%  Garden,  Iterum*-,  ittrnmaue  mmebt,  iterum  ataue  ittrumfragor 
intonatingens,  Iterum  &  fapius'wTully,  Iterum  acfapius\n  Pliny,  lib.  1 0.  CI2.  And 
then  to  adjure  him  thus  multiplyed  that's  more  then  ufual,  for  it  hasnotthefenfeof 
intreaty  Onely, but  of  obligation  by  Oath,  to  fivear  by  all  that's  obliging  and  facred:  fo 
Terence,  per  ffmnes  tibi  adjuro  deos  nunquamtam  me  deferturum  :  fo  Tully,  Adjurdfeue 
id  te  invito  me  ntn  efie  faHnrum '.  This  adjuro  the  E xercisls\T\AS.X\X.  13.  uled  to  the 
evil  fpirit,  ifx'^*,  fay  ihey  to  the  evil  fpirit,  wtiich  Lcrinus  fays,  was  a  conftant  ad- 
juration of  ihedivil  by  certain  words,in  ibeelder  Ages  fewer,  after  corf  fling  of  more, 
*  the  devil  grew  more  impedent, and  adheflvetohispofleffion.  *S6w,thoughinfome 
Authours,  ()rators,and  others,  adjuro  fgnifits  no  more  then  juro  ■,  yet  in  the  Scripture 
and  Ecdefiaftical  ufe,i t  implyes  cbttjlaticnem  ac  reverentiam  divini  minims,  ret'aue  cujus- 
fiam  facra,  ard  is  rot  ufed  onely  by  good  men,  to  perfwadc  to  do,  or  not  to  do ;  but 
alfo  by  unclean  fpirits,to  fet  their  delufion  more  firm  on  them  that  hear  it.     Thus  the 

evil 


99 


Pag.  203. 


Lirius  1 .  at  mil 

73. 

Plautus  in  militi 

Virgil  t,  Aneid, 

J>«. 


t .  Anei  J. 
3.  Aneid. 
Trtlt^t  linmli*. 

Jnr*rt  vthemm- 
lim  &gr*viia. 

Ant1.*,  a.  II. 
t  Philip,  it. 
I.orinu;  in  19, 
Aflofum.t/.i}. 
l'.aton.  Anna). 
Te.  4.;.  ioj.  ti 
<i:'immChiifti. 


ibb 


Gnal'perirt 
l».  A&orum, 


u, 


i  Dc  Oratoce  ji 


Z*  dtblnt  in  bi I. 

ftritpni  xl>  Hi- 

Itoriogtaphis, 

g»*  4«f  fupenda 

jtnt  dtlfeqtun- 

Ma 

JuliusCapitolin. 

>»  Gordian.    Tr. 

p.i}t.cttitSy\b. 

Cic.  /ii.  t.  *j!c 

II- 

1  DcNar. 

Deomm  ;S. 


Vide  Heresba- 
ehium.'i*.  De 
r.ducandis  Fun- 
cipu.li  hbciis. 


A  Commentary  upon  Fortes cue\ 

evil  fpirit  that  came  out  of  the  man,  Mar\ej$  .7.  ufei  the  word ,  /  adjure  thee  by  God, 
that  thou  torment  me  not.  For  as  the  A  poftles ,  and  primitive  Worthies ,  did  caft  out 
evilfpirits  by  miraculous  power  indulged  them  for  the  Churches  honour,  and  Religi- 
ons prevalence,  againft  the  Heathen  Superftition  •,  fohasthc<&v«7in  the  World,  pro? 
phani  circulator es  &  agrjta,  fuch  as  the  feven  Sons  of  Sceva  were,  to  delude  them  by 
into  the  blindnefs  of  errour,and  under  the  power  of  Satan  to  hold  them  :  which  tye  he 
poflcfled  the  World  to  be  fo  facred,  that  vengeance  attended  the  violation  of  it,  which 
made  Orpheus  of  old  mention  'Ov&itii  Bp*i'£«>  n,  1  adjure  thee  by  Heaven,  asfomewhae 
facrainental  in  its  intendment.  Add  to  this,  Vt  leges  regnt patris  tut  addifcas,  and  then 
there  is  as  much  of  fwafion,as  wit  and  love  can  allure  by.  For  what  can  bear  rule  more 
withaSonthenthcprefident  practice  approbation  of  his  Father  .and  fince  Henry  the 
fixth  had  the  Laws  of  England  for  his  guidc,and  appreciated  the  knowledge  of  them,  as 
the  means  to  value  and  love  Juftice  commended  by  them ,  what  can  be  more  probable 
to  prevail  with  his  Son  to  love  and  allow  them,  then  the  consideration  of  his  Fathers 
doing,  which  when  he  follows  and  improves,  he  does  what  addifcas  imports,  and  whac 
the  Text  thereby  prefents  him  •,  for. addifctre  is  addere  ad  qua  didiceris  •,  andfo  TuJlj 
writes  it,  Quid quod  etiam  addifcunt  aliquid,  ut  Solonem  in  verftbus  gloriantem  vidi- 
mus, quife  quotidie  addifcentemfenem  fieri  dicit. 

tte  dum  ut  inconvenlentian  has  tu  evites,  fed  quia  meus  human*  qua  naturaliter  bo* 
uum  appetit,  &  nihil  potefi  appettre  nififub  ratione  boni,  mox  utper  diSrinam  be* 
tium  apprehendere  gaudet,  &  iHudamat*ac  quanta  deimeps  illud plus  recirdatur 
tauto  amplius  iclcBatur  in  eedem. 

K 

This  Claufe  has  indeed  the  marrow  of  all  perfwafion  in  it ;  for  it  not  onely  acquaint* 
the  Prince  with  what  is  fit  for  him  to  learn  from  the  Law  concerning  Juftice  ,  as  it*  is 
therein  prefcribed  -,  but  it  prefents  him  with  folid  Reafons,why  in  Jove  to  himfclf,  and 
inreafonrefulting  from  it,the  Law  (arsaqui&boni)  ought  to  be  known,  and  de- 
lighted in  by  him.  And  thefeReafons  are  privative,  and  pofitive.  There  are  incon- 
veniencies,  that  a  Prince  by  knowledge  of  the  Law  (hall  avoid,  and  there  are  advantages 
to  be  acquired  ■,  for  by  knowledge  love  is  gained,  and  by  love  delight  in,  and  joy  at 
the  prevalence  of  the  Law  over  injury  and  diforder.  This  is  the  fum  of  this  Claufe. 
And  indeed  what  can  be  prefcribed  to  a  Prince's  accomplifhment ,  which  this  method 
leads  not  to:  For  as  to  attain  conveniencies,  is  to  poffeis  ones  felfof  virtue ;  fo  to 
avoid  inconveniencies,  is  to  fhun  all  the  diverfions  from  it,  and  from  the  comfort  of  its 
enjoyment.  As  then  comenientia  is  an  Oratour's  word  for  fitnels  and  aptitude  of  any 
thing  to  our  purpofe,and  that  in  a  meafure  of  proportion  between  extreams,  as  whole- 
fome  and  nutritive  diet  is  called  convenient  food  by  Agur  ,  and  a  houfe  fuitable  to  ones 
degree  and  family,  a  convenient  houfe,  and  a  fortune  proportionable  to  a  man's 
charge  and  breeding,  a  convenient  fortune,  and  a  wind  to  fill  out  the  fails,  yet  not  en- 
danger the  Maft,a convenient  wind  ,fo  is  inconvenientia  the  oppofite  thereto,betokening 
ex»berance,and  fomewhat  uncomely  redundant .-  which  flaw  in  the  Chryftal,or  rather 
Adamant  of  Princes,  much  abates  them.  Forasin  Architettnre,  the  efientialbeauties, 
of  building  are  delight,firmnefs,convenience  ■,  fo  ih  the  formation  of  Princes  minds,and 
in  the  building  of  them  up  to  their  after  glory,  no  delight  in,no  firmnefs  of  their  efteem, 
except  there  be  a  proportionation  of  their  loves  and  natures  to  the  Nation  they  prefide 
over.  The  beft  help  to  which  is,  the  knowledge  of  Laws,  for  they  rightly  underftood 
and  conformed  to.take  away  wholly, or  atleaft  leflen  inconveniencies  in  Government  • 
fb  that  the  rule  of  Law,  Quod  eft  inconvenient  aut  contra  ratienem  noncfl  permiffvm  in 
lege,  reduces  inconveniencies  of  difproportion  to  the  Law,  as  the  firft-born  of  Rcafon  , 
the  King  is  caput  regni  &  legum  ;for  an  inconvenience  it  would  be.that  theHead  fhould 
be  thought  incapable  to  direft,  judge,  and  order,  what  is  to  be  done,  both  regally  and 
judicially.  The  King  is,  though  a  Child,  plena  at  at  is -,  it  would  be  inconvenient  thac 
his  Council  fhould  not  fupply  his  corporal  inabilities,  during  his  perfonal  nonage.  The 
King  can  do  no  wrong,bccaufe  he  judges  in  curia,  by  Judges,  and  not  in  camera  by  his 
Will,and  it  would  be  inconvenient,  it  otherwife  fhould  be.  Thefe,  and  fuch  like  in- 
conveniencies, being  publico  malo,  and  injurious  to  the  compleat  and  indefeftuous  be- 
ing of  Ma  jefty,  the  Law  fupplics,  by  directing  how  they  (hall  either  not  wholly  be,  01 

be 


A  Commentary  upon  Fortes  cue.  ioi 

be  wholly  compenfated  for.    Thus  as  men  (top  up  an  inconvenient  light,  and  fill  an  in- 
convenient Pond,  and  repair  an  inconvenient  way  ,  and  improve  an  inconvenient 
houfe,  and  change  an  inconvenient  air , and  avoid  inconvenient  company  and  diet  -,  fo 
does  a  wife  Prince  by  the  Law  judge  of  what  is  inconvenient  in  Government, and  either 
wholly  abrogate,or  mutilate  and  new  form  it  to  an  improvement ■,  and  hereby  does  he 
avoid  the  inconveniencies  of  either  real  vilipendency  ,  (for  in  that  he  difecrns  by  the 
Law  evil  from  good,  he  vindicates  his  knowledge  of,    and  affection  to   the    means  of 
fuch  his  judtcioufnefs)  or  reputed  negligence,  which  being  fo  great  a  fear  to  him,  will 
beft  be  difowned  by  his  acceptation  of  the  Laws  for  his  rule  to  govern  by.     For  he  that 
governs  men  rationally  by  Laws,    and  juftly  by  the  Laws  of  their  own  Government, 
doth  not  onely  intra  fe  vivere  &  addifcendo  leges  fapere,  but  appeals  to  God  for  prote- 
ction and  fuccefs  in  his  Government,  and  cannot  eafily  fall  into  the  paroxifms  and  di- 
ftempers,which  extrajudicial  courfes  occafion,  and  in  which  Princes  and  people  are  un- 
happy.   For  a  fure  rule  it  is,  vim  facit  quip  atitur,  Princes  that  either  abate  their  Sub- 
jects of  their  rights,  or  fuffer  themfelves  to  be  abated  (by  their  Subjeds)  of  their  Royal 
Rights,  are  acceffary  to  the  inconveniencies  that  follow  them,  and  by.fo  much  the  lefs 
know  they  the  Law,  as  they  permit  the  invalion  and  breach  of  it,  either  in  themfelves, 
or  others.     The  Chancellour  then  that  counfels,  quomode  tuevites  has  inconvenientias, 
is  well  to  be  liftened  to  ;  for  as  the  counfel  is   grave  in  the  conception  and  mind  of  the 
giver,  fo  is  it  generous   wife  and  affectionate  in  its  tendency  and  fcope,  which  \%g ravent 
&  feeurum  reddere  principem ,dum  modum  relit  evitandi  inconvenientias ,&  r  talis  &  fup. 
fofitU  ignorant  is  legit  addifcit.lcor  fince  the  mind  of  man  will  be  bufie  in  fome  difquifitive 
adivity,  and  natural  defires  are  to  nothing  but  what  is  either   really  and  in  very  deed 
good,  or  elfefemblably,  and  in  appearance  fuch,  which  is  the  reafon,  the  Schools 
fay,  finis  &  bonumeonvertuntftr,  the  Chancellour  does  wifely  and  worthily, to  befpeak 
the  Prince's  youth  to  adhere  to  the  Law,    as  his  choice  and  pleafure,  and  to  expect  no 
good  as.  a  man,  and  a  King,  but  fuch  as  that  informs  him  of,  prepares  him  for,  and  onely 
will  render  ufeful  to  him  •,  as  Antoninus  Pins  found  it,  who  by  the  Hifttrian  is  chara- 
ftred  to  be  nprit  (uv  j£  \f>u]dlav,^cc.  An  hone  ft  upright  private  man,  but  ft gna By, and  to  a 
greater  degree  ,hom ft  and  upright,  when  made  publique.  For  nofooner  was  he  in  the  Throne , 
but  he  gre^B  the  admiration  of  all ;    terrible  he  was  to  none,  bountiful  to  all  -,    moderate  in  f 
ufing  power,  a  prefer*  er  efjuft  men  to  rule  under  him.     Learning  then  in  the  Law  muft 
not  onely  enter  the  Prince  in  the  love,  bat  confirm  and  cftablifh  him  in  fach  love  ,    to 
a  delight  in,and  a  refolution  of  prelating  the  Law  above  all.     For  elfe,  as  in  a  calm,  the   V^Mrif"' 
fhip  moves  not  though  all  the  fails  be  out  ■,  and  in  the  midft  of  dainties,  there  is  yet   rum  »«»«■«  <..«/« 
want  where  there  is  no  ftomach  •  fo  in  the  love  of  the  Law,  there  will  be  butremifs-   £  '"fJZu",'' 
nefs,  if  knowledge  and  valuation  of  its  ufe,enhance  not  its  appreciation,  valuation  is  the  fZ'n«Vl,f*"T 
daughter  of  difcovery  and  Science,  and  fo  far  do  we  efteem,  as  we  underftand :    there-   »«•*»*».  Ammi> 
fore  all  the  ports  of  Science  are  to  be  fet  open,  that  love  and  delight    may    enter  at   "^."""iii. 
them  ■,  yea,  and  daily  increafe,  as  the  knowledge  of  them  increafcth.  For  to  it  follows  >»  viiemuiiaoo' 

in  the  words.  6-Yaleme. 

Quo  doctris  quod  f>  leges  pradiUas  quxsjam  ignoras,  inteUexeris  per  doElrinam,  cum 
optima  ilia  Jirtt,  amabis  eas,  &  quanto  plus  easdem  mente  pertraclaveris,  dclcclabi- 
Hits  tu  frueris. 

This  the  Chancellour  fub  joyns  by  way  of  application  ■,  for  having  reafoned  before 
with  him,  that  knowledge  caufes  love,  and  love  defires  to  enjoy ,and  enjoyment  fixeth 
delight,  and  crowns  it  with  a  non  ultra  of  felicity  ,  he  deduces  this  from  it,  That  the 
Laws  o/'England  being  the  meafure  and  M '  ftris  of  her  Governours  happinefs  ,  not  to  know 
them,  is  not  to  kntw  haw  and  whereby  to  be  happy  :  And  therefore  he  advifes  him  once  and 
again,  not  onely  to  content  himfelf  onely  to  know  there  is  a  Law,  and  to  appoint  men 
of  Learning  to  judge  in  Courts  of  Law  according  to  the  Law ,  and  to  fee  that  right  be 
done  to  all,  as  well  poor  as  rich,  and  to  punifh  them  that  do  contrary  •,  though  this, 
I  fay,be  a  rare  Princely  virtue  :  yet  is  not  this  the  very  fpecifique  virtue,  he  perfwades 
the  Prince  hereto  -,  which  is  intelligere  leges  per  doUrinam,  that  is,  to  dig  for  the  wif- 
dome  of them, as  for  hidden  treafure:  to  knocks  early,  often,  and  loud  at  wifdoms  gate ; 
to  gainbj  ftarch,  and  fweat,  the  languagi ',  terms,  books,  fenfe,  and  reafon  of  the  LaVes,  and 

B  b  in 


ioz  A  Commentary  upon  Fortes  cue. 

infearch  after  this  to  be  txaHandfludious;  not  to  follow  Pompey  who  in  his  wars  was 
effeminate,  In  caftris  Pompeii  videre  /knit  triclinia  flrata ,  Magnum  argent i  pendus  ex- 
pofitum,  recentibus  cefpitibus  tabernacula  conflrata,  as  Ammianus  Marcellinus  reports  : 
that  is,not  to  think  an  hour  or  two  enough  for  ftudy,  and  then  perhaps  when  ihe  minde 
is  overcharged  with  other  thoughts  j  but  to  follow  that  courfe  in  ftudy,which  full**  did 

Hi*,  bell.  Civil,  in  the  wars,  flans  inter  dttm  more  militia  cibnm  brevem,  vilemque  fumere  vifibatur  ; 

**.»$,'»  Juiiano  according  to  the  Lawes  of  learning  to  keep  clofe  to  the  book,  and  to  admit  no  inter- 
ruption, til!  fomewhat  toward  the  Helm  of  art  be  gained,  this  once  obtained,  and  the 
Lawes  and  our  Reafons  kindely  cohabiting  our  Minds,  then  they  will  be  loved  as 
good,  materially  formally  finally  good,  linceall  their  Precepts  are  ordinated  to  the 
bonumfupra,  intra,  infra,  circa,  to  God,  man,  our  fclves,  and  all  the  things  that  re-; 
late  to  them. 

Nam  omne ,  ejuod  am.it  ar,  trahit  amatoremfuum  in  naturam  ejus  -y  ttndc  ut  dscit  Phifc 
fophust  uftu  altera  fit  natura. 

Thefe  words  give  the  reafon  of  the  former  from  the  mouth  of  Nature  by  the  hand  of 
her  Secretary  Ariftotle,  whofe  pofition  is,  that  love  is  of  a  transforming  quality,  make- 
ing  the  lover  become  fo  much  what  it  loves,  that  he  rather  lives 
where  he  loves,  then  where  he  lives ;  which  is  the  reafon,  that  of 
all  the  effects  of  love  that's  mentioned  by  Solomvn,  he  is  the  moft 
conclufiveofthis,  L°ve  is  ftronger  then  death;  not  onely  becaufe  it 
furvives  and  evifts  death,  having  aboad  in  Heaven  where  dea^his 
not,  but  chiefly  becaufe  death  can  but  part  the  bodyes,  which  by 
union  of  foules  were  combin  d  in  a  fierce  and  firm  refolvedneffe  of 
willing,  nilling,  joying,  fearing,  delighting,  abhorring,  chufirtg, 
refufing,  imbracing,  avoiding-,  but  it  cannot  by  itsterrourcaofe  thofe  latent  fimi- 
larities  to  be  inexprefiive  or  negleftfull  of  keeping  an  unifone  in  touch  and  time :  for 
while  they  continue  a  capacity  to  love,  they  will  expreffe  the  fervour  and  Conftancy 
of  the  refolution  they  have  to  each  other,  and  the  reafon  is,  becaufe  love  is  a  perfect 
furprizeand  conqueftwhichreftsnotinabare  Sympathy,  but  paffes  from  thofe  in- 
choat  Novicifms  to  the  mn  ultra  of  Con-naturality  -,  nor  is  it  hard  for  any  man  or  wo- 
man to  be  brought  of  to  be  of  the  fame  judgement,  dyet,  delight  with  thofe  they  love; 
for  in  the  affimilation  each  to  other  is  the  Continuation  maintained,  and  the  Degrees 
of  love  fublimated  .-  there  was  no  Key  to  Sampfon's  ftrength  till  the  dallying  with 
BaUUh  delivered  it  to  her,and  taught  her  how  to  ruine  him,who,but  for  that  lubricity, 
had  not  been  to  be  dealt  with  by  Phtliftins ;  nor  could  David's  warmth  fo  have  afflicted 
his  own  Soul,  and  blafphemed  his  God,  ( as  in  the  cafe  oiVriah  flain  and  Bathjheba  en- 
joyed )  it  did,  but  that  his  love  was  thefole  Provocation  to  that  aftion  of  Infamy. 

No  wonder  then  the  PhiUfopher  attributes  fo  much  to  ufe,  as  to  call  it  as  another 
Nature  (  ii  'i«n<  ^.^twc  on  rn  ?kV<  Uiur,)  and  quotes  Eventu  his  verfes  to  confirm  it. 


Timdc  quantum  vtltt ,  Anaxarchum  non 
tatign,  fundi  quantum  vile1,  ijinionem  nin 
mutabts;  nihil  Anaxarchus  konum  iffi  ircdi- 
dit.  quod  animi  nan  ejltt.  nihil  malum  quid 
ad  anintum  tton  pirtmirit.  • 

Hcinliulis  Orat.  di  Sfica  th'ilofopnia  an- 
nix*  Scnccp.  at.  adfincm 


tit  7.   De  Mori- 
has  c.i  1.  p.  St. 


tit.  de  Amicirisi. 
<o-  in  Dialog.  De 
Oratore. 

Zpitomt  Dionis  in 
Commodo.  it. 
/.  ?7+-  Edit.  Syl- 
b»rK. 

Or  h  agraphia  fir 
latum  hbrttm. 
In  lib.  1.  Enead. 
J»  p.  it*,  art.  3. 
Stamp  it  pa/tit  ab 
la/i/i  dtrepentt  a  • 
villtre  qui  cum  tot 
iinfmft. it  anmi  ,non 
turn  bominem  du. 
tirem.  Ancyr.  4. 


*itjiw  wDXt/^cjr i*v ,  &C. 

What  mar  j years  men  are  accuflom'd  tt, 

As  fecond  Nature  the]/  delight  to  do. 

This  is  the  reafon  that  Authours  affign  fuch  Potency  to  ufe  and  cuftome,  as  amounts 
to  a  fecond  Nature,  not  lefle  effeftual  in  her  influences  and  duds,  then  thefirft.,  Tulljt 
tells  us  of vet u fiat is  &  confuetudinis  vis  maxima-,  Tacitus  makes  in  cenfuetudinent 
vertere,  to  be  all  one  with  in  naturam.  Xiphilnus  reports  that  Commodus  waswhac 
he  was,  iyroi-t  ii  want,  firft,  by  ignorance  of  what  was  good,  then  by  ill  en  flames,  he 
at  lajl  arrived  at  fordid  and  effeminate  manners  flowing  from  a  contaminated  and  de- 
bauched nature,  jguintilian.  Dorsquius,  A.  GeUius,  make  all  parts  of  Grammer  and 
learning,  even  to  Orthography,  to  be  ruled  by  ufe  •,  and  Marfllius  Ficinus  on  Plcti- 
n*s  makes  good  the  force  of  ufe  and  cuftom  as  another  nature  •,  yea  Tere»:e  when  he 
expreffes  a  mans  application  to  a  woman  that  pleafes  him,  and  from  whom  he  can  as 
foon  die  as  part,  calls  it,  confuefcere  cum  aliqna.  The  confederation  of  which  fhould 
turn  men  to  right  ufages  and  cuftoms,  if  they  would  preferve  themfelves  virtucus,  for 

if 


Scholaftici. 


Paj.  U3. 


A  Commentary  upon  Fortes  cue^  103 

if  nature  be  by  them  altered  and  the  courfe  and  current  of  it  diverted,  there  ought  to 
be  great  care  that  we  habituate  no  evil  to  us,  Confuetudo  peccandi  tollit  fenfum  peccati, 
and  this  amongft  others  I  conceive  to  be  onereafon,  why  Solomon  zAwfestotcacha 
Child  in  the  trade  of  his  youth,  virtue,  that  when  he  is  old,  he  may  not  depart  from  it  ■,  but 
of  thi9  Saint  Jerome  in  his  Epiftle  to  Demetriades  writes  at  large,and  Cornelius  A  Lapide 
on  Eccluf.  xxx.  1.  and  Heresbachius  de  educ.  Frincipum  liberis. 

Sic  ramufculus  fjrifiipiti  pomi  infertus,  poftqudm  coaluerit,  trahit  in  ndturam  pyri, 
fit  ambo  deinceps  meritb  pyrus  appe/lentur,  fruli  usque  producent  pyri,  fie  &  ujitat* 
virtus  habitumgener  at,  ut  utensea  delude  a  virtute  iUa  denominetur,  quo  modeftifr, 
pradiius,  ufu  modeftm  nominatur,  continentik  continent, &  fapientia  fapiens. 

Here  the  Text-Matter  inftances  the  force  of  cuftome  and  conjunction  from  that,  which 
is  fomewhat  equivalent  to  it  in  vegetables,  and  has  analogie  in  that  kinde  with  the 
effects  of  virtues  and  vices  on  the  minde ;  for  though  it  be  true,  that  no  general  rule 
is  exempt  from  an  exception,  and  no  fecond  caufe  is  fo  abfolute  but  may  be  overruled 
by  its  firft  caufe,  yet  is  it  alfo  ordinarily  true,  that  God  leaves  Nature  to  her  work, 
and  impedes  her  not  but  upon  high  Concerns,  and  in  notable  Cafes :   indeed  there 
are  Inftances  that  God,  contrary  to  all  humane  probability,  has  brought  men  and 
things  into  efteem  and  renowne  which  have  been  unlikely  fo  to  be.     Valerius  Maxi- 
mus  brings  in  Tarquinius  prifcus  in  the  Head  of  thefe,  a  man  born  at  Corinth,  and  Da-  Lib.  n  c  4; 
maratus  a  Hogherd  his  father,  and  a  baftard  to  boot ,  yet  for  all  this  miraculoufly 
brought  to  Rome,txA  thar  wiih  fuch  multiform  advantages  to  hisgreatneiTejthat  in  fhort 
time,  he  grew  the  Love,  Dread,  and  Soveraign  of  all  degrees,  and  the  Hiftorian  gives 
us  fuch  a  Record  of  his  Bravery,  ai  eternally  monuments  him  for  a  Mirrour  of  men,' 
Dilatavit  fines  Romani  Imperii,  &c.  He  enlarged  the  Romanc  Empire  by  brave  Con- 
quefts,  he  honoured  the  Solemnities  of rcligionmth  additional  graces  to  them,  he  made  the 
Senate  and  Orders  of  Knighthood  more  ample  and  capacious  for  great  merits ;    and  be  fides 
thefe  the  great  virtue  in  him  ,tvm,  that  he  fo  demeaned  himfelf  in  his  charge ',  that  the  City 
of  Rome  had  no  caufe  to  repent  (be  chofe  a  granger  for  her  Emperour,  and  paffed  by  her 
<mn  Sont.    The  like  doth  Egnatius  report  of  the  Emperour  Juiine,a.Thracianhomi  Lib.i.io?  .Rom 
and  (0  of  Mahomet :    Bafilius,  Tullus  Hofiiius,  Photon,  Iphicrates,  Firiatus,  Nar-   Valer.Ma«.M.j. 
fes,  facobus  Parefatus,  Mutius  the  Founder  of  the  S.Forzan  family,  and  fundry  others  e'+' 
meanly  bred  and  born,  who  yet  have  come  to  great  fortunes,  ant  brought  about 
mighty  defigns  to  the  amazement  of  men,  that  beheld  or  read  them.    Thefe  things,  I 
fay,  have  been  and  yet  are  at  the  pleafurc  of  God  further  to  permit,  But  this  extra- 
ordinary courfe  is  not  God's  frequent  Method  of  his  Manifestation  to  men  •  his  ufual 
direction  to  Attainments  are  by  Induftry  and  AlTuefcency  of  ones  felf  to  labours  of  the 
minde  and  body,  and  by  that  he  gives  men  the  fucceffc  of  facility  and  pleafure  in  that, 
which  before  they  were  habituated  to,  was  difficult  and  difpleafing;  that  as  in  Vege- 
tables, fruits  generically  the  fame,  are  reconciled  in  their  fpecifique  difference  by  in- 
ferring them  into  one  anothers  ftock,  the  Cyons  of  a  Pare  or  Apple  being  grafted  on 
the  ftock  each  of  other,  and  Plumbs  inoculated  into  each  other  will  produce  the  fruit 
of  the  ftock  and  kinde,  into  which  they  are  let :  fo  in  the  minde  of  men,  there  is  a  real 
transformation  fuitable  to  the  nature  of  the  Company  men  confortwith,  andtheOb- 
jedsthey  fix  their  delight  upon  •  for  ufe  begets  an  habit,  and  habits  delight  in  fuit- 
able aftivity,  and  fuch  as  the  foul  and  minde  of  man  is,  fuch  will  be  his  delight  either 
in  good  or  evil,  fo  true  is  that  of  Seneca ,  Natura  duce  utendum  eft,  hanc  ratio  obfer-   Lih  Deb„tlvi: 
V at,  hanc  confulit,  idem  eft  ergo  beate  vivere  &  fecundum  naturam,  and  furely  where   t»f.  «$♦•  l'k  o« 
virtue  is  in  the  foul,  in  quocunque  habitu  eft,  prodeft,  as  he  notably.  Tranquil./-  6«e« 

For  it  is  the  0«  >  t>  0/  virtue  habituated  to  and  radicated  in  man,  that  transforms 
him  ■,  naturally  he  is  void  of  all  good,  andfets  himfelf  in  a  refolved  hoftility  againft 
whatever  is  divine,  and  may  diiTociatehim  and  his  rude  pracpolTeflions  by  vice  and 
enmity  to  virtue  .•  but  when  God  touches  the  natural  Confciencc,  and  caufes  the  beauty 
of  virtue  to  irradiate,  when  there  is  one  Beam  of  difcovery  let  into  the  underfianding, 
of  a  more  excellent  way  then  it  has  found,  this  caufes  it  fo  to  augment  and  dilate  it  felf 
in  defires  and  endeavours,that  at  laft  it  brings  in  the  perfect  difcovery  of  virtue,  and  re- 
leafes  men  from  their  bondage  to  Gns  fervice,  fo  that  they  once  beving  accuftomed  to  be 

B  b  2  continent, 


104. 


LH.TicTtoyU 

dcntu,f.s:6/ 


In  Sententiis 
Holftenio  inter- 
preie,£  in. 


Gal.  it.  to. 

j  Cor.  fir.  t*f  v. 

Phil.  iii.  8. 


Philofiratus  ■'» 
Vita  ejus.  IU.%. 
c,l+.f.ioa. 


Plinius  HiflNar. 


/■  AtWaiafis^o-- 
ftauuna    unner- 
/km   ctnjurntum 
trhem,  &  comma  - 
nifuijpr  fiinciptl 
ttrrd'y^tnltstlidm, 
rcgni,  txtrciim 
ciiiffi  idverfia 
mm.  Ruffinus, 
lib.1.  c.iS.ij. 


^Commentary  upon  Fortescue. 

continent,' jufr/modeft,  patient,  liberal,  magnanimous,  cannot  tell  how  to  be  other  ' 
nay  wonder  at  themfelves  for  bruits  and  not  men,  when  they  were  in  their  prifrine 
barbarity,  this  was  that  made  Seneca  profeffe  with  truth,    Nihil  cogor,  nihil  pat  Urin- 
vittu,  I  do  nttferve  God  being  compelled,  and  obey  him  becaufe  I  muff,  but  I am  willing 
tobewhat  he  Would  have  me  beeaufe  I  ought ;   I  k\mw  nothing  is  cafual  but  certain,  as  to 
him  who  hxs  Uid-oti't  every  occurrent  of  my  life,  fa  that  whatever  faUs  out  is  but  the  very 
effelt  of  his  diff  option.     O  this  habituation  of  the  foul  to  virtue  is  the  felicity  andup- 
ftiot  of  all  acquirements, 'tis  the  viaticum,  that  fupports  the  Journey  of  life,  and  ferves 
us  with  all  neceflarics  to  our  condufion.     Porphyry  made  it  peculiar  to  wife  men  to  en- 
joy, for  while  he  allowed  all  men  tody  the  way  of  all  flefti,  kuhJu'h  n  m»fM}&  hri  f 
4«5{f{,  by  a  departure  of  their  bodies  from  their  foules,   yet  he  reftrains  the  departure  of 
the  foul from  the  body  onely  to  Philosophers,  fuppofing  them  onely  to  live  chiefly  in  the 
joy  of  thofe  abftra&ed  virtues,  which  they  contemplated  in  order  to  practice  :  this  St. 
Paul  meant  more  metaphyfically  then  any  philofepher  could  underfland  or  aft  it,IHve, 
not  I,  but  Chrift  that  liveth  in  me  :    I  bringdown  my  body,  I  account  all  things  lejfe  itt 
comparifon  of  Chrift  :  How  fo ,  holy  Paul  ?  the  love  of  Chrifl  conftraintd  him  to  deny 
himfelffor  him,  who  had  called  him  from  a  Perfecutor  to  become  an  Apoftle.     Thus  pre- 
valent was  the  habituation  of  fan&ity  to  St.  Paul,  that  he  could  deny  himfelf  in  all  his 
complacencies,  and  in  all  his  tranfeendencies ,  fo  he  might  fulfil  the  will  of  his  Matter, 
whofe  vafial  he  was,  and  from  whom  he  bad  command  fo  to  do  •,  yea,  and  no  further 
is  the  Philofophy  of  this  World  rational,  and  religioufly  moral,  then  it  fixes  us  in  this  rt- 
folution  of  training  up  our  minds  to  virtue,  and  choofing  apt  helps  to  advance  it  in  us  , 
good  rules,  good  company,  good  difcourfe,  good  pleafures,  that  by  all  thefe,  we  our 
klvcs  may  be  good.     For  true  is  that  which  Apottonius  Tyantus  fpake  of    to  the 
Emperour  Veffaftan,  My  companions,  faid  he,  in  Philofophy,  7*  /sir  *v1a  htaeiv ,    keep 
their  heads  cool, and  undixjie  ,that  they  may  fee  clearly  Vehat  they  ought  to  do  in  the  courffof 
ft  eddy  virtue  »  nor  are  they  ambitious  to  know  what  is  not  fit  for  them,«W  iptc„Ki7te 
io-2,  &c.    they  hourly,  and  every  minute  conftder  with  themfelves,  what  is  their  duty  tq  doy 
and  intent,  they  are  upen  it,  early  and  late.    This,  this  is  the  way,  to  be  every  way  what 
God  and  Nature  requires,  to  keep  our  felves  up  to  the  precife  rules  of  virtue  and  to 
be  habitually  and  difpofitively  good,  is  not  onely  the  path  of  being,  but  alfo  of  doing 
good  :  By  this  the  Elders  obtained  a  good  report ;  and  through  this,  difficulties  have  been 
rendred  facilc.and  impoflibilities  compoffible.     What  makes  the  Nightingale  out-note 
her  fellow  ChorKtcrs,  inthefuavity  and  perfection  of  her  modulation,  but  her  con- 
tinual finging  fifteen  days,  and  fifteen  nights  without  intermiffion,  till  fhe  has  made  her 
notes  natural  fo  her?     What  makes  the  Sun  to  ftiine,  and  all  things  in  their  Elements  to 
move  with  vigour  and  indefeffion  •,  but  that  pofition  of  natures  to  fuch  perfect  actions 
in  thofc  fphercs?    And  what  makes  Martyrs  conftancy  not  onely  to  lye  hid  in  a  Well  fix 
whole  years  without  feeing  light,  as  Athanafius  did,   but  even  to  dye  all  forts  of  cruel 
deatb,and  that  with  joy  and  exultation  ?  but  this  contemplation  of  dying  daily,  this  mor- 
tifying of  their  Earthly  Members,  glorying  in  theCrofs,    endeavouring  to  have  the  fame 
mind  in  them  that  Was  in  Chrift  Jefus.     The  habituation  of  themfelves  to  thofe  virtuei 
of  felf-denial  and  humility ,made  them  not  onely  prepared  for,  but  Proficients  in,all  ex- 
cellent Virtues.     For  knowing  the  nature  and  ufe  of  them,  they  delighted  in,  and  at  laft 
were  partakers  of  the  plenitude  of  them.    Thus  David  made  the  Law  ef  God  his   de- 
light,  by  meditating  in  it  day  and  night.     And  thus  the  Law  of  God  made  David  the 
delight  of  God  and  Man ,  while  it  made  him  in  wifdom  to  excel  all  his  teachers, and  in  in- 
tegrity to  be  a  man  after  God's  own  heart,  and  tofulfl  all  hi*  Will. 


J^tfdre  &  tu  Princeps,  pcflquam  juftitia  deleUabiliter  funttus  fueris ,  habit umejue  legit 
indutus  fueris ,  merit  o.denominaberis  juftus,  cttjus  gratia  tibi  dicetur ;  dilexifti 
juftitiam  ejuo  &  edifti  initjuitatem^  propter ea  unxit  tt  dominus  Deus  tuus  oleo  Uti- 
tia  pra  confortibus  tuis  regibus  terra. 


The  former  Clatjfe  was  but  illuftrativeofthe  force  of  Ufe  and  Cuftome^  thisisap- 
plicative  to  the  Prince,  in  the  habituation  of  whofe  mind  to  Juftice,  as   the  Law  pro- 
pounds 


if  Commentary  upon  Fortes  cue.  io? 

pounds  it,  there  will  be  a  fuitable  effect :  For  Gnce  all  Laws  that  are  juft,being  extracts 
out  of  the  Law  of  God  in  nature,  and  the  politive  enlargement  of  it  as  emergencies 
required  them,  are  to  all  refpective  Countrcys,  and  the  men  in  them,  the  meafures  of 
juft  and  un juft  ■,    and  the  Law  of;  England  isfuch  to  the  King  and  People  rcfpe&iyely 
therein,     his  humble  addrefs  to  the  Prince  is,  that  the  Law  he  would  ftudy,  and  by 
confidering  of,  fo  delight  in  it,  that  his  principles  being  Law  and  Juftice,    his  practice 
may  be  a!fo  fuch,and  fo  he  not  erre  in  Judgment,  nor  caufe  the  people  to  wander  out  of 
the  way  by  his  ill  example,   or  complain  of  hard  ufage  under  his  Government,  when 
God  fhould  reduce  him  to  it.    This  is  the  fcope  of  the  Chancellour ,  which  he  wifely 
profecutes,  by  not  onely  commending  the  Law  as  a  ftudy  of  delightful  knowledge,  the 
Magazine  of  Juftice ,  but  as  that  which  is  attainable  to  fome  kind  of  intellectual  pleni- 
tude, I  mean  to  fuch  a  proportion  as  is  neceflary  for  him  :    fo  that  from  knowledge  of, 
he  fhall  proceed  to  love,delight,and  take  a  complacentiality  in  the  Law,as  the  Scheme  of 
Juftice,  that  his  mind  ought  to  be  conformed  to,  and  thence  his  actions.     And  this 
once  had,  he  concludes  him  not  parafitically,but  meritorioufly  juft,  and  apply es  to  him 
that  of  the  Pfalm  xl  v.  7.  Thou  haft  loved  righteoufnefs, and  bated  iniquity  ;  therefore  God, 
tven  thine  o:rn  God, hath  anointed  thee  with  the  oyl  efgladnefs  above  thy  fellows.     W  hich  the 
Authour  of  the  Hebrews,  chap.  i.8.  applyes  to  Chrift,the  King  of  Righteoufnefs,whom 
he  makes  fuper-eminently  endowed  with,  and   fuperlatively  honoured  for  it ,    Thou 
baft  loved  Righteoufnefs  ■,  not  greatnefs,not  victory  ,not  riches,  but  righteoufnefs,  that's 
the  darling  of  thy  foul,  that's  the  fecret  of  thy  Government.    Thou   haft  not  onely 
laid  to  Kings,  <ri?<t*iv  t%(jimti>&w,  as  much  as  Laws  are  not  to  be 

violated,  becaufe  they  are  the  exemplars  of  Juftice ,    the   glory    of    Inter  ditta  Pythagora* ,    apud 
CroWns ;    and  injuftice  in  the  Soul  of  a  Prince,   is  the  riot  of  fen-     Porphyrium  in  vita  ejus,  pa<\ 
fuality  againft  Reafon,  and  a  warp  of  the  lefs  noble  faculties  from      190. 
the  Law  of  their  conjunction  with,  and? fubferview y    to  the  more  no- 
ble :    but  thou  haft  ( O  Lord  Jefus  )  to  thine  eternal  honour  and     Inju&hia  in  anima,  eft  igmbili- 
admiration,  loved  righteoufnefs  as  thy  choice,thy  felf,  bonumtuum     urn  partium  a  naturali  legedif. 
quia  bonum  te  ■,    Oh  !  but  how  docs  that  appear  .»  the  next  words    fidium.  Tapia,  lib. 9.  p.9.    Be 
confirms  \t,odifti  inie/uitatem,  as  thou  loveft  Juftice,  fo  thou  hateft     Triplicibono  &  verb    hominis 
whatever  is  contrary  to,  and  inconftftent  with  it.     Thou  hateft    nobilitate. 
thy  Scepter  which  is  «n#e?'  ivSinl©- ,  fhould  be  other  theft  of        Grot,  in  Locum, 
pure  Gold,  and  endure  the  touch  of  all  tongues,  thine  enemies  be- 
ing Judges  ■,  thou  wilt  not  by  that  opprefs  the  weak,   nor  bruife  the  broken,  but  bind 
them  up,  becaufe  thy  Scepter  is  like  thy  Kingdom,  which     reprefents  all    righteouf- 
ncfs,having  no  fellowfhip  with  iniquity.     Here,  O  holy  foul,  thine  eyes  may  fee  the 
King  of  Saints  in  his  beauty,  far  greater  then  Solomon  in  all  his  Royalty,/e>f;'ȣ  Juftice, 
and  hating  iniquity,  as  never  man    or   King  did,  or  could  do  before,  or  ever  can,or 
fhall  do  after  him.    Now  alfo  confider  the  corapenfation  that  the  Father  is  mentioned 
to  give  the  Son  for  this  his  love  to  righteoufnefs  •,  that  follows,  wherefore  God,  even  thy 
God,  hath  anointed  thee  -,  becaufe  thou  art  fo  qualified  to  rule  as  a  King,  God  has  called 
thee  to  Kihglynefs  by  unl^ion  ;  as  he  hat  given  thee  a  name  above  every  name  ,  fo  has  he  FhlL  *' 
preferr'd  thee  in  thy  unilion  above  all  unilions  of  men.  Their  unttions  make  their  heads 
and  hearts  often  ake  with  care,becaufe  their  affairs  are  fomtimes  difarterous.and  at  beft 
troublefome :  their  Crowns  gird  their  Brows,  and  make  them  bend  them  for  pain  •  but 
God  hath  anointed  thee,  O  blejfed  fefus,  thelttlyKaio-y.*,  Veith  fuch  oyl,  as  chears  and  in' 
candor  ates  thy  face,  ( for  iyKaiffAQ-  .fignifies  the  fame  with  iyhiu^a.,  obletl amentum  , 
cmamentum,  hone  (I amentum.)  God  has  put  fuch  fovereign  oyl  into  the  Springs  of  thy 
Rule,  that  thy  Scepter  eafily  turns  thy  Subjects  to  thee  •,  Thy  people  are  a  willing  peo-  T^"»t> 
fie  in  this  day  of  thy  power,  and  they  call  unto  thee  to  draw  them,  andpromife  to  run  after  Ciatl*' 
thee   gladly  andconftantly,     and  all  this  above  thy  fellows  ■,  no  Angels  in  Heaven,  no 
Kings  on  Earth,are  fo  anointed  as  the  KingoftheChurch  was:For  whereas  their  unilion 
is  but  the  work  of  art.Chrift's  unlcion  was  the  work  and  fpirit  of  God.  whereas  theirs 
was  but  poured  out  in  meafure  ,  Chrift's  was  an  effluxion  of  divine  virtue    without 
meafure,  whereas  theirs  was  but  temporary,as  their  Kingdoms  arc  :  Chrift's  was  eter- 
nal and  perpetual,  as  his  Kinglynefs  is  ■,  whereas  theirs  was  but  to  fignifie  their  fepara- 
tion  and  fanctification  to  the  rule  of  their  Subjects  onely,  and  thofe  onely  during  their 
lives,  Chrift's  was  emblematical  of  his  indeterminable  and  capacious  power,whicb  was 

to 


106       A  Commentary  upon  Fortescue. 

to  extend  to  alt  perfons,  and  to  indure  beyond  all  time  •,  and  therefore  well  e xpreflTed 
fraconfortibus  tuisjegibus  terra ;  quippe  qui  etiam  habuit  potefiatem,  &c.  jForClirift 
the  King  of  the  Church  had  the  prerogative,  above  all  Kings,  to  forgive  all  fins  on  Earthy 
and  to  have  an  ever  lading  Kingdom, a*  he  had  defer  ved  ,  foto  have  his  glory  be  bj  hit  pur- 
chafe  of  it  with  his  body  on  the  Croft,  Which  Vfat  an  expiatory  facrifice  for  the  fins  of  the 
World,  as  Manfttr  and  Clarius  both  on  the  Text. 

This  Scriptnf e  thus  applyed  to  Chrift,  our  Chancellour  brings  in  here  to  his  aid,  the 
better  to  prevail  upon  the  Prince  to  love  the  Laws,   that  declare  the  meafure  and  pro- 
portion of  Englijb  Juftice :    I  or  as  the  end  of  Laws  is  to  determine 
Brompton  in  Chronicis,  pag.     right  and  wrong,  (and  the  Common-Laws  of  England  were  com 


955,  95  8.  edit.  Londini. 

Legttm  miniftri  wagifiratus , 
leguminterpretes  judica,  legum 
idcirco  omnts  fervi  fumus,  tit 
liberi  ejfc  pojfumus.  Cic.  pro 
Cluenti. 


pofed  and  methodized  fo  to  do  out  of  the/<irr«fr«ofLawsthatof 
old  were  here  amongft  us,and  which  Brompton  f  lys,  were  nimis  par- 
tiales  ■,  and  therefore  by  Saint  Edward  the  Confeflbur  meliorated, 
and  by  all  Princes  added  to,  explained,  or  fubftrafted  from,  as  their 
wifdom  in  Counfel  faw  fit :)  fo  is  the  exsfteft  and  unerringft  me- 
thod of  Juftice  to  be  learned  by  Prince  and  People  from  tliefe 
Laws -,  which  they  that  addift  themfelves  to  know,  will  love,and  in 
loving  be  juft  and  happy  in  life  and  death.  And  fo  our  grave  Ma* 
fter,  and  after  him,  1  conclude  the  fifth  Chapter. 


■ 

ttu.Edw.  Whit- 
church. 


CHAP.  VI. 

Ntnne  tunc  Princeps  fereniffime,  hac  tefatis  cencitant  ad  legis  rudimenta,cum  per  flfcw,' 
juftitiam  induere  valeas  qu£  &  appellaberis  juftus,  ignorantia  quoque  legis  evitare 
foteris  ignominiam ,  ac  per  legem  felicitate  frueus,  beatus  effe  poteris  in  hac  vita,  & 
demumfiliali  timore  imbutus,  qui  Deifapientiaeit,  charitatem  qua  amor  in  dinm 
efl ,'mperturbatus  confequeris  ,  qua  Deo  adherens  per  Apoftoli  fententiam  fies  urns 
fpiritus  cum  eo. 

HIcepilogat  Cancellarius  totius  perfuafitnis  fu*  effeBus ,  faith  the  Editor  of  my 
Text  in  Htn.  the  8.  time  on  this  Cbapter  :  And  not  amifs,  for  having  pre- 
difcourfed  of  the  excellency  of  Juftice,  and  the  confequentiality  of  itsbeing,  and  being 
beloved  in  a  King,  who  is  to  diftribute  it  according  to  the  Law  of  his  Government, 
which  Law  known,  will  be  delighted  in,  and  conformed  to  by  him  :  He  now  comes  to 
annex,  by  way  of  motive  and  aflurance,  the  felicities  that  do  flow  in  upon  juft  Prince*, 
and  do  diftinguifh  them  from  others,both  in  life  and  death.  And  this  he  doth  -,  firft, 
by  telling  him  ,  that  Righteoufuefs  and  Juftice  is  fo  peculiarly  the  Garment  of  Kings, 
that  they  muft  wrap  up  their  whole  man  in  it,  as  garments  cover  all  the  body,  and  the 
Robes  of  Princes  are  long  from  top  to  toe,  fignificative  of  their  plenary  power  and 
auguftnefs.  Jn  which fenfe,  Godis faid  to  put  on  Righteoufnefs  .as  a  Garment,  and 
the  Saints  are  faid  to  be  cloathed  in  the  garment  of  their  elder  brother,  and  that  to  ren- 
der them  beloved. 

So  the  Chancellour  intimates  to  the  Prince,  that  by  knowledge  of,  and  love  to  the 
Law,  he  (hall  be  fo  inverted  with,  and  habituated  to  Juftice,  that  it  fhall  be  his  nature, 
and  as  impolCble  for  him  not  to  be  juft,  as  not  to  be  in  warmth  motion  and  fenfe  while 
living. 

Secondly,  he  prefents  him  with  another  benefit,  ignorantia  legis  evitare  poteris  tgno- 
mwiam,&r\d  that's  no  fmall  one :  For  as  ignorance  is  the  botch  and  deformity  of  hu- 
mane nature,  ( which  God  has  endowed  with  a  reafonable  foul,  div'ma  par ticula  aura, 
and  made  capable  by  the  vaftnefs  of  its  intellect,  to  underftand  and  judge  of  all  things : ) 
fo  is  ignorance  of  the  Law  in  a  rr.nce,fo  great  a  deformity,  as  no  corporal  one  comes 
hear  in  the  defpicablenefs  of  it.  For  as  he  will  make  but  an  ill  oration,  that  knows  not 
the  rules  of  fpeaking,  and  he  but  a  pitiful  Sea-  man ,  that  skils  not  the  ufe  of  the  Com- 
pafs,  andhearafhSouldier,  that  confiders  not  of  the  advantages  and  difad vantages, 

which 


A  Commentary  upon  Fortes  cue. 

which  heis  to  provide  for  in  fighting-,  and  he  an  ill  Counfellour,  who  has  never  read 
the  Rules  of  Policy,  nor  feentheerfedsoftheminpradice,  fo  will  he  prove  himfetf 
but  a  foft  and  defp;cabie  Prince,  who  knows  little  or  nothing  at  all  of  the  Law,  accord- 
ing to  which  he  is  fworn  to  govern,  lor  as  all  other  mens  eating,  fleeping,  fruitions, 
are  inbeneficial  to  him,  if  he  bavc  not  health  to  enjoy  them  himielf-  fo  is  the  know- 
ledge of  all  other  things  incontnbutive  to  his  real  quiet  and  effulgcncy  ;  if  in  the  Law, 
which  is  anima  regimi»is,he  be  unverfed,and  letterlefs,/r*/?r*  foris  firenue  ,ft  dami  male 
viiitur. 

3 .  As  knowledge  of  the  Law  will  avoid  the  fhame  of  ignorating  it,fo  will  it  accrew  a 
complication  ofpofitive  goods,  contributive  to  the  comtorc  of  life  and  acquirement  of 
fame  after  death,  Per  legem  felicitate  fruens,beatus  ejfe  poteris  in  hac  vita,  that  is,  the 
Confcience  of  juft  governing  his  people,  according  to  his  Oath  and  his  Laws.which  are 
their  Birth-right,  will  give  him  fuch  a  calm  and  liability  on  his  Subjects  love,  andfuch 
an  humb'e  confidence  in  God's  mercy  and  protection ,    that  he  {hall  not  fear  the  evil 
day  that  it  fliould  come  on  him  ;  or  i  f  it  do ,  he  fliall  be  aflured  to  overcome  it  by 
magnanimity,  and  innocent  Hedorifm.     And  whereas  guilt  makes  Kingsfuccumbere, 
afhamed  and  unbold  to  affert  therafelves^  the  Juftice  of  a  royal  foul , notably  evidenced 
in  a  juft  Reign,  fliall  make  him  that  has  it,  more  then  a  Conquerour  in  life,   and  no- 
thing lefs  then  a  Martyr  at  death ;  yea,  it  fliall  go  near,  (though  not  come  home  to  the 
pitch  of  merit,  for  that's  no  proper  phrafe  in  reformed  Oratory  and  Dodrine.  )  to  de- 
ferve  a  Canonization,  by  the  favour  of  him  that  accepts  and   re- 
wards all  admirable  aftions  flowing  from  virtuous  principles  t,  yea, 
inafmuch  as  fuch  a  procedure  in  beneficence,  muft  argue  an  intern 
fear  of  God,  2nd  a  wifdom  effeded  by  it  in  the  foulofthepradi- 
cer-,  who  therefore  is  fuch  to  men,  his  equals  in  nature,  and  his  in- 
feriors in  polity  and  order,  becaufe  Charity  commands  him  fo  to 
be,  and  the  love  of  God  towards  him  in  his  prelation  above 
others,  and  in  him,  provoking  him  to  crown  worth  in  all  he  fees  it 
in,  and  to  proportion  his  favours  according  to  the  Juftice  of  his 
divine  office.     I  fay  thefe  effeds  of  Juftice ,     refulting   from  the 
knowledge  and  pradice  of  the  Law,  wil  I  fo  exhilerate  and  quicken 
thefpiritsofaPrince,  that  he  will  not  onely  be  calm  within,  and 
notincumbredwiththeterroursofthe  Almighty,  but    be  abun- 
dantly beloved  by  his  Sub  jeds,  live  in  peace  and  plenty,  dye  re- 
nowned and  lamented ,  1  King.  hi.  laft  v.    AUlhid  heard  of  the 
Judgment  which  the  Kmghad judged,  andthcj  feared  the  King,  for 
they  faw  that  the  wifdom  tf  God  Meat  in  him  to  do  judgment.     Yea,    and  be  made  as  the 
Cnancellour  reports,    from  the  A  poftle  Saint  Paul,   Be  made  onefpirit  with  him,  that 
is,   not  onely  fubmit  to  God,  and   follow  him  in  all  his  Directions  and  Prefcripts  of 
virtue,  as  a  good  Child  does,  who  makes  his  Fathers  will  his  Law-,  Nemo  enim  Deo 
conjungi  uSo  modo  poteft ,in  cnjtts  voluntate  fit  urn  non  f:t,velillins  dfciplinam  ,&  imperium 
fequi,   vel  ingrate  refudiare ,   cumautem  btata,tota  fit  in  divina  conjunElicne  pofitavita 
fequitur,  ut  afiriUa  volnntate,   nemo  peffit  vitam  beatam  adipifci ,    but  alfo  as  a  fruit  and 
confedary  of  that  conjundntft,  have  a  famenefs  of  glory  in  Heaven,as  they  had  a  fame- 
nefs  of  foveraignty  here,  always  understanding  the  famenefs  ftcundum  menfuram  ho- 
minis, though  feeundum  veritatem  Dei,zs  true  a  conjunction  with  God  in  glory ,as  they 
hadhere  in  power,  arewardcommenfuratetotheir  adions  rightly   and   religioufly 
performed,  fie  autemfit  ut  juft  is  hominibsu  regnum  iUudimmort.ale,  nonfolttm,ut  merces, 
&  praminm-,fedetiamyut  Itgitimum  patrimenium  patris fapientia ,  &  berignitatc  fnnda- 
tum,optimo  jujre  dtbeatur:  ft  enim  aquitatis  ratio  poftuLt,  utfervis  opera  fuA  tgregie  fun- 
c~lis,merccs  domini  brn'gnitati  conftntanea  perfolvatur,  ft  leges  amicitia  prafcribunt ,  ut 
tmnia  bona  fmt  amicis  communia,  ft  jure  flatutum  eft  ,    ut  filii  legitimi  in  paternorum 
bonorum  poffejfione  coUecentury  non  tbfeurum  eft  juris  aterni  rationem  fiagitare^  utfummus 
ille  omnium  duminus  qui  bonorum  aniens,  &  pater  eft,  vel  fervis  diligentibtu,   vel  amicis 
fidelibus,  vel filiis  ihariffimis  fempiterna  gloria  fruttum  largiatHr,hiih  Orojius. 


107 


J^itomodo  jufiitia  vindcx  erit, 
qui  expoliat  alios  i  quomodofu- 
am  amabit  Kemp,  qui  de  The- 
fauris  cogendis,  dies,  noUefque 
togitat  ?  aubnudt  rebus  agen- 
da advert  a  animum,  quilucro 
Utus  inhiat  ?  Nihil retle ger'f 
turqutd  ret  private  ftudio  ge' 
ritur  ,  nullum  f acinus  gencro- 
fum  fufcipitur  abfqnefam*  ex* 
iftimatione.  Hanc  verb  inpra- 
cie  non  habet  animus  vilis,  ab~ 
jicUfque,  avaritia  deditus. 
Savedra  /*  Symbolis  Politicis. 


X.i4.t;De]uftiti». 
f.SS. 


Std  quia  lex  fine gruti.iijtaoperati  nequit,tibi  illamfuper  omnia  explorare  HtceQc  efit 
leguquoqtte  diiir.a,  &  facrarum  fripturaram  indagare  fcitntiamt 

This 


io8        A  Commentary  upon  Fortescue. 

This  is  judicioufly  infertcd  here  to  abate  too  much  recumbence  on  the  Law,  and  toa 
high  admiration  of  Juftice,  as  (he  is  propofed  by  ir,  for  as  the  beauty  of  the  fun  over- 
doted  on,  proved  an  argument  to  the  Ed  ft  em  world  to  adore  it,  and  as  the  learning  of 
Nature  befotted  Philofofhers  unreafonably  to  expend  themfelves  about  it, till  they  de. 
H.W.L  i«.  fpifed  thewiliiom  of  God  and  undervalued  it,  the  power  of  God  to  Salvation,  beneath 

their  delirancies  and  En  thufiaftique  conceits,  fois  juftice  though  beloved  of  God,  and 
that  which  he  commends  to  man  as  his  duty  and  glory,  apt  to  be  miftaken  as  the  onely 
acquirement  of  ftudy,  and  the  leffon  of  the  Law  alone,  if  the  Prince  be  not  informed 
of  the  proper  caufe,  from  whence  onely  it  is  bleffcd  to  be  what  it  is  ^  and  that  is  God 
by  his  will  in  his  word :  indeed  God  permits  us  to  own  ftudy  as  a  means,  and  that  by 
which  he  ordinarily  begets  and  expatiates  virtue  in  man.-  as  the  minde  of  man  from  what 
he  readesor  heares,  has  the  principle  of  his  actuation  excited,  fo  arts  and  ftudy  fo 
Lawes  and  Syftems  of  Juftice  may  be  owned  by  him  as  great  helps  and  methods  to 
thofe  excellent  ends  j  but  God  endures  them  not  partakers  in  the  glory  of  fucceffe,  and 

!>revalence,  which  onely  is  his,  and  theirs  onely  by  his  permiffion,  and  fo  far  as  he  plea- 
es :  fo  that  though  the  Lawes  of  mcn,and  ot  England may  be  moft  juft,  and  fuch  as  can 
teach  the  Prince  how  to  be  juft  aftively,  and  that  to  all  the  proportions  of  Kinglyneffe  • 
t<X«r.Mirindui.  yet  can  it  not  do  this  f  x  infita  vi,  or  rat  tone  innata  pctentie,  but  muftbe  helped  to 
»<.$.HeptapU    do  this  by  grace,  the  gift  of  God  .•  which  grace  and  favour  thus  to  be  rdjuvated,  if, 
'"'*'  to  he  obtainedbj  frajcr  •    fo  Solomon  obtained  wifdom,  and  fo  every  good  thing  is  to  be 

obtained  Ana  to  that  muft  be  added  diligent  Meditation  of  Scripture,  not  a  light, 
and  ofcitant  reading,  but  a  deep  and  folia  rumination,  not  n<  -w  and  then,  but  con- 
ftantly  and  affe&ively  •,  indagare  is  to  feek  as  men  do  at  the  bottom  of  wdls,  and  in 
blinde  cornets,  wherein,  if  they  look  not  intently,  they  cannot  finde  what  they  feek. 
God  will  have  us  call  earneftly  and  feek  paffionatcly  for  his  bleffing  on*  our  endeavourj 
before  he  will  give  us  our  defires:  were  juftice  an  eafie  leffon,  did  the  Law  infallibly 
make  the  Student  of  it  juft,  there  were  no  more  to  do,  then  to  read  over  the  Law 
Books,  andconfider  the  judgements  in  them,  and  then  the  whole  attainment  of  ju- 
ftice were  had.  But  becaufe  the  Law  is  but  (of  it  felf )  a  dead  Letter  to  this  quickning 
Iffue,  therefore  God  will  have  his  fiat  begg'd  by  Prayers,  and  this  Method  learned 
from  his  minde  revealed  ;  and  the  Knowledg  of  thefe,  proves  ever  the  readieft  way  to 
the  bleffing  of  them.  The  Law,  faith  St.  Paul,  is  holy,  and  juft,  and  good  Rom.  vii.  1 2. 
where  cofi©- «><©■  is  v.  14.  explained  by  W^mwj,  utpott  aifirituah  bono  profetta, 
God  indeed  has  intended  the  Law,  holy,  quoad  certmonialia  •,  juft,  q mad  judicia/ia ; 
inUmm.  g°°d>  quoad  mer -alia  •   as  St.  Thomas  obferves :    O  but  whatever  it  is,  it  proves  not 

without  God's  bleffing,  that  opens  the  My ftery,  and  apply  es  the  Energy  of  it  to  the 
underftanding  and  will,  and  thence  lets  a  man  into  the  pleafure,  and  profit  of  it :  nor 
is  God's  bleffing  on  endeavours  obtainable  but  according  to  the  Enaction  of  his  word  • 
therein  he  has  taught,  .that  Prayer  is  the  Scaladoe  of  heaven,  and  that  the  violent  in 
rfdXu.  holy  devotion  take  it  by  force,  afcendat  oratio,  ut  defcendat  miferttin-,  he  has  invited 

hit  to  call,  andpromifed  to  hear  andanfwer  them,  and  our  Lord  bid  his  Difciples ask^, 
VLuth,  xxi.  n.  affuring  them  that  what/oever  they  fhall  ask.  the  father  in  ha  name,  fhaU  be  given  them  : 
which  the  Pfalmift  in  his  own  experience  confirms  fo  to  be,  as  promiftd,  The  Lord  hear- 
eth  the  righteous,  and  hu  e ares  are  open  unto  his  crj.  As  then  to  beg  the  bleffing  of 
God  on  ftudies,  not  onely  humane,  but-thofe  of  Scripture,  is  the  way  to  obtain  it;  fo 
is  ftudy  without  it  as  unfanftified  fo  moftly  unfucceffefull,  'tis  to  labour  for  things  of 
naught,  'tis  to  loofe  time  on  fhadowes  and  bubbles,  fapienter  defcendcre  ad  ir.fermm  • 
fo  it  followes  in  our  Text, 

Cumdicat  facra  Scriptura,  qxodvanifunt  omnes  in  qtiibus  wn  fob  fit  fcicntia  Dei, 
Sapientia.  C  1 3 . 

This  fentence  is  true,  and  collectable  from  Texts  of  holy  writ,  but  as  it  is  a  part  of 
TrdfM.m  Ut.  the  Bookofwifdome,  not  written  by  Solomon,  for  St.  ferom  fayes,  Liber  fapie*y« 
solomoms.  ^j  Hebraeos  nnfquam  efi,  verum  &  ipfe  stilus  Gracam  maits  eloqitentiam  redolct ;  but 
ub.  1.  r.  17.  by  Philo  probably,  whom  the  learned  think  fo  to  have  named  it,  becaufe  Chrifi  the'  wif- 
Magdebure  cm  dom  of  God  is  therein  fet  forth  both  in  his  Advent  and  Paffion,  beca\ife  of  which,  rhe 
».c».,.iii.    '  feVrtSfistbcCenturiftstellrae,  wholly  rejected  it  5  this  Bookl  fay,  being  .written  by 

none 


/ 


A  Commentary  upon  Fortes  cm.  iop 

none  of  God's  Penmen,  ought  nor,  as  I  humby  conceive,  to  be  accounted  Cdnoninthe 
Cdtholique  Church :  though  I  know  Lor  inns  and  generally  all  the  Romanifts  account  it 
facred,  and  part  of  the  CVw*,  Prdfat.inCom.inlib.  SdpientU  c.  \.  but  our  Church 
rejects  it,  and  fo  does Chamier.  lib.  $.c.  De  Canone.  The  learned  Bifhop  of  Durham 
now  one  of  the'Reverend  Fathers  of  our  Church,  has  notably  vindicated  the  Canon 
of  Scripture  againft  Apochnphdl  intrufions,  as  well  as  unwritten  Legends,  to  him 
therefore,  as  matchleffe  in  that  Argument,  I  refer  my  Reader,  humbly  protcfting  a- 
gainft  all  Novelty  on  either  extream  ■  for  though  fome  wholly  reject,  and  others  fond- 
ly extoll  them  to  a  kinde  of  rivalry  with  Scripture,  yet  our  Churches  moderation  ihall 
be  my  temper  towards  them ,  to  allow  them  their  place,  as  rules 

of  Prudence,  and  direction  for  manners ■,  not  as  foundations  of    Siaada  uakni,  v»;  »tim>,  8tUarmin« 
faith,  andthislfupp<)fe,has  been  ever  the  Catholique  account  of    ^*J£'^  chrijliaH  MtWchi 
them;  fo  St.  Auguftine,  Etfitn  tutnvemtur  altquaverttas,  tamcn     i<».°ftr.  ' 

propter  mult*  fdlfd,  nu&d  eft  Cdnonica  duthoritas  }  and  Phildftrim,     ** '  f\De  S"*™*  Dti' c<  *»• 
Etfilegi  detent  morumcduj 4,  a  perjeltu,  nenab  omnibus  legt  de- 
tent, quid  non  inte/ligentes  mult*  dddidermt,  &  tulerunt,  qut,  voluerunt  Hdretiei  •    and 
Angelom,  when  he  gives  the  reafon  of  their  Reception  in  the  Church,  concludes  yet, 
Hi  4  tjuibtutUm  excifiuntur,  non  propterek  ut  illos  dpprobent,  fed  ea  qu*  ftcceffarid/unt  ["•%£, *  '* 
*d  confirmdndum,  recipidnt. 

Though  therefore  moft  true  it  is,  that  all  Knowledge  that  leades 
us  not  to  God,  in  love  to,  admiration  of,    and  conformity  with     *«l<i>'ti"*Kr*m-<i**rtme*ftu*tadiqm- 
him,  be  unprofitable,  and  therefore  vain ,   forasmuch  as  it  leaves    ^Li7!\^a.'rZ'dZ?Jfi^Zf),t,C^ 
a  man,  (hort  ofthe  beft  good,  and  the  onely  perfection,  andar-     ««  tUslr,  Z  7<uiZ'm  %"%%*'!'  £ T* 
cues  his  foul  unadtive  to  the  immenfe  nature  of  its  Divinity  in    *&% "**  f"*?"**- *«■<««  w»««- 
God's  purpofe  of  infufion  »  yet  is  not  the  book  out  of  which  this  is    Ztt&?2ZZ  S^SLS 
quoted  facred  Canon  :  but  God  having  made  ufe  of  the  A  uthour     «*»»«»  «r»a».    Janfeniut  Annotat.  m 
of  that  Book,  as  a  notable  Inftancer  of  truth  in  that  which  the  wif-     . 
dom  of  the  world  often  deceives  great  Scholars  by,  (  as  it  did  par- 
ticularly that  ^*W  Bifhop  of  St.  Andrews,  who  upon  the  Gate  of  the  Cathedral  there  *i>°tswoods  *«'• 
wrote,  H*c  ntihi  fuuttrU  Lex,  Cdnon,  Philofophid,  and  was  wittyly  replycdupon,  fand^"^***1' 
Te  levant  dbfquetrid,  frdtm,  fdver,vdna  fophia.)  There  is  reafon  there  fhould  be  re- 
gard done  it,  next  to  that  of  Canon. 

Hit  igitnr  Princeps,  dum  ddolefcens  ts,&  anima  tu*  velut  tdbuld  rafd,  definge  earn,  ne 
infuturum,  ipfdfiguru  minorufrugi  delcttab'Uius  depingdtur. 

Here  the  grave  Knight  improves  the  Maxime  of  rhilofo[hcrs,inttts  exiftens  prohibet 
dliennm,  for  finding  by  experience  the  minde  of  man  taken  up  with  action,  and  youth 
the  warmeft,and  moft  vicious  part  of  life,  (being  the  time  from  fifteen  to  twenty  five,) 
carrying  the  man  to  good  or  evil  with  impetuofity,    he  befpeaks  the  Prince  to  antici-  Mr.  crime.  * 
pate  vice  by  prepoffeffion  of  his  foul  with  virtue  ;  and  that  he  may  the  more  fuccefTe-  £•""*''''">'• 
folly  rivet  on,  and  drive  home  his  fwafion  5  he  not  onely  confiders  the  foul  as  the  mine 
and  formatory  of  all  things,  which  have  their  rife  in  youth,  and  their  ripeneffe  in 
age  -,  the  foul  of  man  in  us  actions  ©n  the  body  being  like  the  feafons  of  the  year 
loadenwithfapin  tbefpring,  and  blowings  and  leaves  after,   and  then  with  knitting 
and  increafe  in  the  youth  and  Mid-fummer  of  it,  and  then  withering,  and  returning  to 
its  firft,Pnrciple  as  the  fap  doth .■  but  as  a  Virgin-Table  on  which  there  is  a  fpace  to 
write  what  a  man  will,  and  hence  as  one  that  is  yet  a  Novice  in  vice,  and  has  a  minde 
like  the  Galaxy  pure  and  undebsuched,  he  commends  to  him  the  fair  Arras  and  Ima- 
gery of  virtue  to  adorn  himfelf  with,  and  prayeshiniif  he  would  be  one  ofjufticchis 
Tridrii,  fub  *vextUv  innocentid  fubfidere,  to  keep  himfelf  unarmed,  otu*  kTmytaA* 
t*so  Urn,  &C    thdt  he  may  come  to  the  [ncctur  ofjuftice,  when  things  dre  desperate  and  Dionyfius  Halll- 
hope  tf  recovering  dlmofi ceafes ;  for  as  in  wars  and  Combats  the  braveft  Hectors  are  ewnaff.  <•*.  5. 
thofe  that  are  fo  bred  up  from  their  youth,  becaufe  to  them  courage  in,  and  contempc 
of  danger  is  a  fecond  nature,  and  no  need  there  is  of  terrifying  them  by  fuch  a  Law  as 
the  Megaritans  had,  who  decreed,  to  fight  difordcrly  or  fly  cowardly,  fhould  bedeath  • 
their  refolution  being  i  $JJynr  iJi»  7*h3»i  ar<ty*r.  &c,  not  to  fly  any  disadvantage  of  an  H«odot.  B.  f. 
enemy  in  bdttel,  but  either  dye  or  overcome  :  fo  are  they  the  moft  juft  men  whofe  youth 

Cc  i, 


no  ^Commentary  upon  Fortescue. 

is  accuftomed to  juftice,  and  who  inure  themfelves  to  love  Lawes,  and  orderly  cour. 
fcs  even  from  their  Cradles :  this  was  Solomon's  reafon  in  his 
A  prima  ahlefcentia  obfervaw  COUnfel,  Train  up  a  child  in  the  trade  of  bit  youth,  and  he  will  mt 
in  ftdcribus  deditus  Gaflcndus,  depart  from  it  in  his  age,  Prov.  xxii.  6.  And  the  experience  of  the 
Tom.  5.  in  prtfat.  ad  vitam  neceflity,  and  importance  hereof  has  fofwayed  with  wile  Parents, 
Tichon.  B  rahe.  '  that  as  they  have  omitted  no  improvements  of  their  children.which 

Zuniger.  Theatrum  vita  hum*-     their  tendered  ages  were  capable  of .-  fo  have  they  chofen  the  mod 
Mt,  vol.  i .  lib.  4.  p.  94, 95.  profeffed  Matters  and  Tutors,  both  in  learning,  prudence  and  pie- 

He'resbachius  it  Inftit.  Pr'tHci*     ty,  to  inftrucl:  them,  and  ?.ccounted  them  their  Bencfaftors  and 
tumliberis.  Parents,  as  to  thofe  fair  fortunes  of  fame  and  ufefultnefle,  which 

f  1  in.  \w  %ptn<*ir&  itAtbSlyi,     thofe  educations  have  fitted  them  for,  and  admitted  them  unto  in 
Laertiui  in  vita  ejus.  after-times. 

Picus  Mirandul./t*.  1.  c.  2.  For  though  natural  ingenie  give  men  great  helpcs  to  excellency 

in  what  ever  they  undertake,  yet  the  main  is  God's  bleflihg  upon 
induftry  and  diligence,  provided  thofe  be  prudently  direfted,  and  that  they  be  fo, 
helpes  of exa&  Mailers  are  great  furtherances,  nor  have  any  men  in  the  world  proved 
fo  noble  Laftres  to  their  Orbes,  as  thofc  that  have  had  their  youths  well  fcafoned  with 
all  the  varieties  of  compleat  inftitution,  as  was  Laurcntitu  Medices,  whom  MWaniul* 
j»trtmi>  it  att    tnUS  wr«es  of,  Efficaci  adeo  vir  ingeniofiiC  Offe  read]  and  generally  a  dexterous  wit  was 
&  *•«  *d  Angel,  he,  that  he  fecmed  equally  exatt  in  every  kjfiof ability,  and  has  this  admirable  in  him, 
Toiitiaaum.  f.      tf,at  though  he  were  ever  taken  up  with  ft  ate  affairs,  jet  he  always  either  tfal^  or  medita- 
ted fome  learned  and  fcientifique  thing.     And  our  Edward  the  Gxth,  of  whom 'tis  hard 
to -write  any  thing  to  fuch  a  heighth  of  Hyperbole,  which  his  juft  defcrts  advanced  him 
not  to  be  reprefented  by.     Since  then  it  is  incident  to  youth  to  be  ill-principled,  as  he 
„  was,  whom  Suetonius  reports,  Lnxuriam,libidinem,crudelitatemvelutijuvtnilierrore 

etoncci*.  exercu-f  ^  and  as  Co/*f  **,who  was  heard  often  to  fay,  That  neither  Alexander  »w*ju_ 
IiusCacfar  were  juperiourto  himfelf,  and  the  ill  habits  that  areatcheiued  then,  arefel- 
dom  if  ever  receded  from,  but  remain  as  dead  flies  to  inquinare  the  compositions  of 
the  moft  eminent  virtues.  It  is  of  high  concernment  to  inure  the  minde  of  youth  to 
virtue  and  humility,  to  courage  and  juftice,  for  this  will  fo  ballad  and  fleet  the  after- 
ages,  that  nothing  will  difleife  them  but  death,  which  is  the  great  Ufurper  of  all  mor- 
tal glories  and  triumphs  in  their  determination. 

Which  premifed,  our  Chancellour  does  moft  worthyly  to  attack  the  youth  of  our 
Prince  with  fuch  defenfatives,  as  may  abortivate  the  Attempts  of  paffion  and  lubricity 
upon  him-,  for  in  that  he  commends  not  airy  Romances,  not  Poctique  fictions,  noc 
parafitique  drolleries,  but  fober  reafon  and  facred  Scripture  to  his  rumination  :  what 
doth  he  lcfle  then  endeauour  to  make  his  choice  in  youth,  an  Iliads  to  repofe  his  fame 
in,  and  teach  him  to  live  in  the  glory  of  a  matchleffe  piety,  far  more  then  Homer  did 
in  his  Poems  •  which  yet  Tully  fayes  were  fo  contributive  to  their  Author,  Vt  sdfi 
Ilias  extitijfet  ilia,  idem  tumulus  qui  corpus  ejus  contexerat,  nomen  ejus  obruiffet. 

And  truely  if  the  holy  Scriptures,  which  are  the  moft  antient  record  extant,  farbe- 
Bodurtus/T*/if.  fore  the  Peleponefian  war,  beyond  which  Thucydides  acknowledges  in  the  Greek  ftories 
«»fti.<fcCoiomis  nothing  is  certain,  and  which  was  but  about  Artaxerxes  and  Nehemiah's  time  ■,  I  fay, 
if  the  Scripture  does  difcover  to  us,  Mefes,  Jtb,  Samuel,  three  notable  Inflan- 
ces  of  fober  youth,  and  fuch  men  in  their  age  as  few  exceeded,  and  thus  probably  they 
became  by  the  feafoning  of  their  youth  with  piety  and  probity.  Is  there  not  much  more 
from  the  authority  of  the  Book,  from  whence  thefe  authorities  are  quoted,  and  the 
nature  of  the  Inftances  hence  made  to  perfwade  a  Prince  of  reafon  and  religion,  then 
from  any  Ethniqae  Author,  or  leffe  credible  Examples .-  furely  I  think,  yes,  and  fo 
I  believe  the  Chancellour  doubted  not  but  to  convince  the  Prince  of;  for  fincethe 
word  of  God  is  a  fword  and  a  Hammer  to  cut  afunder  and  mall  down  all  oppofition  a- 
gainft  aud  interpolation  between  it  and  its  end  and  drift,  the  Chancellour  has  done 
well  to  draw  forth  this  weapon  to  terrific  all  contradictions,  that  he  did  but  fear  pro- 
bable ;  for  fince  nothing  became  a  young  Prince  more  then  readyneffe  to  learn,  a.nd 
duftility  to  take  learning  in  that  Method  his  Tutors  fhould  convey  it  to  him,  it  was  a 
dexterous  praftice  that  our  Chancellour  ufes  to  implant  virtue  by,  to  wit,  the  Com- 
mendation of  Juftice  from  the  Law  of  God  and  the  Law  of  England. 

Ni 


A  Commentary  upon  Fortes  cue.  in 


JVe  infuturum  ipfapguris  minoritfrugi  dehHahilins depingatnr,  quia  etiam,  utfapi- 
tusqi.idtmait,  qnednovateft*  capit,  inveteratafapit. 

As  the  former  Claufe  had  argument urn  *b  utili,  fo  this  has  an  argument  a  damm 
(ontrArii;  if  virtue  be  not  fuprcrinduced,  vice  will  be  -y  for  natnranon\atiturvAcnum\ 
fo  his  Motive  to  virtue  is  not  onely  a  decora  from  the  beauty,  but  a  dumno  evitata  for 
if  he  give  up  himfelf  to  virtue(  and  abandon  every  evil  way,  and  every  evil  confort ; 
then  there  will  be  no  vacuity  for  vanity  and  vice  to  portray  it  felf  on  .-  that,  as  proba- 
bly of  old,  Candidates  in  any  arts  had  Tables  in  which  they  wrote,  or  on  which  d;ew; 
v,  hat  they  had  to  fay  or  do,  which  when  all  was  full,  and  no  room  left-  thofe  that  had 
no  place  therein  could  not  be  carryed  up  to  the  Judges  to  be  approved  of  and  chofen  ; 
fo  from  thence  does  he  apply  to  the  Prince  the  fimile,  befeeching  him  fo  to  fill  up  the 
Virgin- Tabic  of  his  minde  with  virtues  of  all  kindes  to  his  Princely  compleatneffe  •  that 
when  the  heat  and  vigour  of  youth  importunes  him  torelcafe  thatfeverity  hisrefolu- 
tion  has  virtuoiifly  bought  him  under,  he  may  deny  thofe  infinuations  admiflion 
and  acceptance,  confide,  ing  that  w  hat's  once  welldbne,  ought  not  to  be  undone  :  nay; 
there  is  a  kind  of  neceflity  toperfiftin  an  inexorablerieffe,  where  to  change  is  to.be- 
come  worfe,  and  to  retreat  the  field,  to  lofe  it. 

loryouth  is  the  foundation  of  ages  fuperftrufture,  and  though  it  fometimes  falls 
out,  that  diffolute youths  prove  ftanch  ages,  yet  moftly  'tis  qtherwaies,  fince  the  in- 
dications of  Manhood  are  con  je&urable  even  from  youth.  fulituCafar  told  the  world 
what  he  would  be  man,  when  but  a  boy,  Ammum  hubuit  jemper  ingentiafemper  inftnita  ^j"""'  " 
expetentem,  and*thofe  drowfie  inactivities  that  many  have,  wtio  do  plus  quiet  e±  quant 
agendo,  atque  rr.ovendoprcficere,  fhew,  that  to  place  them  in  active  lives  is  to  make 
them  unhappy  and  ufeleffe,  fo  that  the  gi  eat  fecret  of  inftitution  is  to  know  the  Ge- 
nius and  delight  of  youth,  and  to  give  it  profpeft  and  fcope  that  way,  not  to  abate 
their  courage  by  continual  droppings  of  difpleafure,  nor  to  raife  their  infolence  by  in- 
temperate praifes,  but  fo  to  carry  a  mean  in  all  things, '  that  they  may  be  kept  warm, 
and  not  put  into  a  flame  and  feaver  of  diftemper,  for  tantum  ingenii,  quantum  ir*t 
and  fo  to  be  cooled  as  not  to  be  chilled  and  mortified  ■,  for  if  wifdom  faid,  vellem  injrt- 
vene  tliiHid arnputandum ,  and  Politian  foretold  of  Peter  de  Mcdices,  that  he  was  like  to 
make  a  wife  man,  who  was  fo  forward  a  Boy  •,  then  there  is  danger  in  breaking  the 
fpirit  of  youth  by  frgguent  and  imprudent  difceuragements.  As  barren  grounds  brings 
forth  nothing goodBoover-lufty  grounds  too  much  to  be  good-,  extreamesarethe 
errors  which'Mediocrity  corre&s :  fuch  a  ftrength  of  Soyl  as  enables  production  kind- 
ly ar.d  plen'ifully,  and  no  more  then  does  inable  fo  to  do,  is  good  in  ground.  The 
like  proportion  of  difcretion  is  to  be  allowed  to  the  Tillage  of  youth,  neither  too  much 
feve  lty,  or  too  g  cat  libe  ty,  but  an  even  hand  is  to  be  exercifed  here  -,"  for  hereby 
rot  onely  the  ingenuity  will  bedexteroufly  fed,  and  the  ftomach  of  it  kept  quick  and 
unnaufeatc,  but  the  memory  will  alfo  remain  unbroken  ^  and  that  being  toe  fine  qua 
»<w  to  all  learning,  J^j/»/»/M»alIowcsayouth  onely  capable  of  fo  much  ingenuity  to 
learn,'  ts  he  has  memory  to  retain  •  becaufeit  is  the  Chnftal  Glaffe,  which  has  in  it 
lifes,  yea  arts  Elixar,  fet  that  over  too  great  a  flame,  and  the  Glaffe  breaks  and  the  I?- 
lixar  is  loft  i  burthen  a  youths  memory  with  immenfe  cares  and  manifold  ftudies  tran- 
scending his  proportion,  and  he  is  ruined  by  an  immemorativeneffe  :  and  again,  whol- 
ly difufe  memory,  and  it  will  fhrivel  up  into  ararrowneffe  and  incapacity  ;  the  right 
ufe  of  memory  is  moderately  to  excrcife  it,  /or  action  perfirs  habits  as  food  and  moti- 
on increifc  life  and  all  the  concomitants  of  it  •,  yea  and  this  prudence  will  exercife  it  felf 
towards  youth  in  a  right  difpofing  of  it  todelights,and  a  real  principling  of  it  againft  ill 
manners,  and  ill  Maxims.  Timetbem  the  Mulician  would  have  a  double  reward  from  Alexand.**  a- 
thofe  Scholars,  whom  he  took  to  teach  from  other  Walters,  with  whom  they  were  en-  le"nd'  '•»•  '•**• 
tredi  and  his  reafon  was,  becaufe  he  had  a  double  labour  wi:h  them,  dedocrndi,  d»- 
teni'%,  unlea  ning  them  what  they  had  been  ill  taught,  and  then  teaching  them  what 
was  better:  and  true  it  is,  that  he  that  will  be  a  good  Tutor  to  youth,  muft  imitate 
.both  the  plaftiquc  Artift  and  the  Carver,  add  and  fubftraft  as  he  fees  occafion,  as  fhey 

Cc.z  doj 


t  ii        A  Commentary  upon  Forte  scui. 

do  j  which  made  Michael  Angelo  to  fay, Sculpture  xpm  nothing  elfe  hut  a  purgation  of  fit- 
ferfluities,  which  being  better  done  abroad  then  at  home,  the  cockering?  of  Parents  fo- 
ftering  an  impatience  in  Children  to  be  corrected  for  faults,and  direfted  how  not  here- 
after to  commit  thera, makes  breeding  oi  children  of  fuch  confequence .  that  as  the  wo- 
men ofNombre  de  dios  feldom  are  brought  to  bed  there,  where  they  conceive,  but 
rdt.  i«4.  of  hi$  chufe  a  better  air  in  which  to  bring  forth  i  fo  wits  ( faith  Sir  Henry  tvotton  )  thrive  bet- 
work*,  ter  tranfplanted  then  in  their  native  foyl.    YOuth  then  being  fuch  tinder,  'tis  good  to 
t*{.»«4.           prevent  that  by  care,  which  negligence  makes  fatal  ■,  For  as  in  Pitturc  Gladmffe,  and 
Grief,  though  oppofitet  in  nature,   are  fuch  Confintrs  each  on  other  in  art,  that  the  leaft 
touch  of  a  Pen  ft  I  will  tranflate  acrjing  into  a  laughing  fact :   fo  in  education  of  you:  h, 
vice  and  virtue  are  fo  near  Borderers  one  upon  another,  that  it  is  eafy  to  plant  either 
of  them  on  young  ftocks }    and  many  hopeiull  Perfons  through  the  inobservance  of  Pa- 
rents, Guardians,  and  Tutors  fhipwrack,  which  had  their  Pilots  been  knowing  and 
carefull,  had  brought  the  rich  Gargazon  ef  their  mindes  to  a  Market  of  gain  to  their 
reputation,  and  advantage  to  the  age  of  its  Production,  which  was  the  unhappineffe  of 
ft  Hypodeigm.     Robert  it  Veer,  of  whom  fValftngham  thus  writes,  &ui  tjuidem  iuvenis  aptnt  fneritad 
Neua«.  f.  M«.    cmnQ4  prohtatis  oflicia,  ft  run  difuijfet  ei  in  futritia  difciplina.     Tile  palpability  of  which 
injury  to  Children  is  fuch,  that  even  the  groffeft  fort  of  men  avoid  it,  and  train  up 
their  Children  to  courfesoflifefuitable  to  their  aptitude,  and  probable  to  afford  them 
fupports  for  life.  So  in  the  next  words  it  follows: 

guis  artij -ex  tarn  negligent  proj reltus  fuafrtlis  eft,  utnontam  dum  fubefcit  artibus 
inffiruat,  auibus  poftek  viufolatia  nancifcatur,fc  lignarius  fabtr  fecare  de  labro, 
Ferrarius  fcrire  matieo  filiutn  inftruit,  &  quern  in  fpiritualibus  minifirare  cupit. 
Uteris  imbuifacit,  fie  &  PrinctpsfiliHm'fuumquipeft  tumpopuinmregulabit,  U- 
gibus  inftrui  dum  minor  eft,  convtnit. 

Here  the  Chancellour  tells  the  Prince,  that  the  zeal  that  he  has  to  his  underfrand- 
ing  of,  and  delight  in  the  Law*  as  theruleof.E«£/ii/*  Juftice,  arifes  from  that  principle 
of  paternal  fagacity,  which  age  and  experience  has  brought  to  perfection  in  him,  and 
his  duty  to  Henry  the  fixth,his  Liege  Lord,  and  the  Prince's  Father,  (now  either  in  pri- 
fon,  or  made  away,could  not  in  regard  of  the  troubles  of  bis  life,  and  the  abfence  of  the 
Prince  from  him  disenable  him  to)  commanded  from  him.  For  though  it  be  true, 
that  young  Princes,  probable  Heirs  to  Crowns,  arc  in  reputation  above  all  other  per- 
fons ;  yet  may  they  want  helps  of  inftru&ion  from  their  interioui  in  ftation ,  who  be- 
ing zealous  for  their  good,  may  not  be  rude  anduncourtly,  iff  communicating  their 
counfels  to  them,  in  words  pregnant,  and  with  reafons  folid.  Nor  will  any  but  Rebo~ 
beams  defpife  it,  fince  whatever  love  offers,  is  not  to  be  reproached,  though  difcretion 
may  not  accept  it  at  the  rate  it  is  offered.  If  ©ur  Lord  commended  the  Widows  Mite 
caft  into  the  Treafury,  becaufe  (he  gave  it  freely  according  to  the  penury  of  her  con- 
dition •,  furely  any  addrefs  that  good  will  makes,  i»  to  be  received  with  kindnels,  efpe- 
ciallywhenitcomcsarfVfw,  znidignc,  when  the  Chancellors ,  a  Father  in  years, 
prefents  to  the  Prince,  as  a  youth  of  Majefty,  his  humble  and  hearty  counfel  -,  yea,in- 
deed  not  to  be  concerned  in  the  education  and  principling  of  this  Prince ,  according  to 
Honour,  Law,  and  Juftice,  had  been  an  offence  againft,  and  a  breach  of  all  the  Laws  of 
Charity  and  gratitude,  which  called  the  Chancellour  forth  to  a  more  then  ufual  mani- 
feftation  of  himfelf .,  that  by  producing  a  proportionation  of  care  and  zeal  in  Parents, 
tjr<a  fuch  to  their  Children,  he,  might  convince  the  Prince,  that  what  other  disci- 
pline to  meaner  mens  Children  is,  that,  the  Juftice)  of  Law  known,  is  to  a  Prince, 
who  without  it,  will  be  to  fcek  of  one  of  the  Flowers,  and  cboiceit  Jewel  of  his 
Crown. 

As  therefore  it  is  the  care  of  worthy  Parents  to  provide  for  their  Children, fortunes  to 
live  fplendidly  upon,  {if  God  pleafe  to  fucceed  them  in  that  juft  and  commendable  folict- 
toufnefs;  fo  is  it  no  lei*  their  ftudy.to  inftruft  them  in  fuch  Arts,Calhngs,and  courfes  of 
life,  as  renders  honeft  induftry,  and  convenient  fupport  and  reward.  And  this  the 
very  reafon  of  nature,in  the  loweft  impartment  of  it,  teaches  Parents  to  do  to  their  Cbil- 

.»        drert 


A  Commentary  upon  Fortes  c  ub. 

dren  •,  forbefides  chat  Brutes  do  teach  their  young  how  to  for  rage,  prowl,  and  provide 
for  themfelves  according  co  the  nature  of* their  kind.  The  molt  rude,  as  well  as  know- 
ing of  men  do  train  up  their  Children  in  Callings,  that  they  may  know  how  to  live  ano- 
ther day,as  the  Proverb  is.     The  Carpenter  he  accuftoms  his  Child  ro  cut  with  an  Ax 
and  a  Saw  ■,   the  Smith  to  beat  with  the  hammer  5  and  if  a  Child  prove ,  a3  that  brave 
Butchers  Son  of  Iffo/ich  did  Cardinal  Woolfej,  fo  fpriteful  and  eager  after  Learning   fo 
zealous  in  Religion,  thataClerk,  or  a  Churchman  he  muft  be-,  then  all  that  theVa- 
ther  can  wrap  and  wring  fhall  be  expended  in  Schooling,  and  all  this  that  youth  may  be 
fitted  to  the  purpofe  his £«/*«  directs  him  to,  and  belt  furnifhes  him  for  performance 
of^  fo  does  it  become  Princes  to  exprefs  a  proportionable  care  of  their  Sons  educati- 
ons^ their  proof  is  of  greater  confequence  for  good  or  evil :   nay,  there  is  nofuch  a 
convent,  that  a  common  Parent  fhould  be  intent  on  his  Child,  to  provide  him  good 
breeding  and  a  Calling  on  which  he  may  live  comfortably,    as  for  a  Prince,  becaufe 
bis  influence  being  general.the  care  of  him,  in  order  to  a  general  good,  concerns  the  ge- 
nerality ,  whom  his  not  being  virtuous,  endangers  to  be  in  no  degree  happy.  The  King- 
dom of  Maeedon  was  loft  by  the  covetoufnefs  of  Per  fens  the  King  of  it.    The  Treafoti 
of  one  Count  fulian  was  the  caufe  that  the  Moors  conquered  Spain,  and  poflefled  it  fix 
or  feven  hundred  years.     The  temerity  of Confnl  V«rr«,  in  giving ;  battle  to  Hannibal, 
was  the  lofs  of  the  Romanes  at  Cant*.     Thefe,  and  fuch  like  evils,  are  produced  by  the 
defects  of  men  in  place,  and  therefore  great  care  is  to  bfr  ufed  in  their  education  and 
conduct,  that  they  appear  in  their  actions  compleat  to  the  extent  of  their  quality,  and 
the  proportion  of  their  influence.     To  promote  which,   in  a  more  then  ordinary  mea- 
fure,  the  Chancellour  prefents  Juftice,  refident  in  the  Englijh  Law,  as  the  aptcft  aidant 
of  him,  and  the  thriftieft  enterprizc  he  can  fee  upon  j   yea,  betaufe  the  pliancy  of  youth 
gives  advantage  to  the  perfection  of  acquirements,  and  fixes  attained  habits  in  an  unai- 
terednefsto  their  age,he  perfwades  him  to  accept  of  ferious  and  virtnons  inftitution  in 
bisyouth,  and  to  believe  that  the  Laws  of  England  are  'the  beft  ftudy  he  can  engagein 
becaufe  they  are  not  onely  the  effects  of  reafon  experienced  and  methodized, but  the  pe- 
cu  liar  Rule  of  right  Government,  and  Religious  Order  ;  the  learning  of  which  will  be 
moft  facilitated,  by  beginning  early,  and  perfifting  earneftly  in  the  love  ami  ftudy  ofic 
from  ones  youth  -,  which"  the  Chancellour  inculcates  on  him  the  rather,  becaufe  he  fee* 
the  inconveniencies  that  want  of  Juftice  in  the  minds  of  Princes,    brings  on  them  and 
their  Subjects,  making  them  not  meditative  of  their  refpective  duties,  but   vigilant  to 
over-reach  and  afflict  each  other  :  which  evil  fpirit,   fo  contrary  to  God's  inftitution , 
and  approbation,  he  befeeches  him  to  abhor  and  difcredit,  by  being  the  example  of 
a  juft  Monarch,  who  by  a  religious  and  righteous  Reign  over  Subjects ,  conjures 
them  to  a  fubjedion  fuitable  to  his  Government :    and  this,  if  he  does,  he  will  not 
onely  be  a  Son  of  his  incomparable  Father  Henry  the  fixth,  but  of  hjs  Heavenly  Father 
GOD,  whofe  place  he  in  reigning  bears.     And  fo  the  lixth  Chapter,  and  the  Notes 
on  it  end. 


II} 


Plutarch  in  ?. 
Amilio. 

TOlet.  /  j.  t.  if 
Liv.  7)f.).  Ul.i. 


,      '  CHAP.   VII. 

SUente  txtunc  CanceUario  print eps  ipfe  fc  txorfus  ejf,  i/icijii  me  vir  egregie  ftuviflt- 
ma  oration:  tnk,  <\»a\  &  animum  meum  ardore  no*  minimo,  legis  fecifti  fitire  docn- 
mentnm. 


THis  Chapter  reprefents  the  Prince,  as  fweetly  and  gratefujly  recoyling  upon  the 
Chancellour,  whom  he  not  onely  eonfeffespotently  oratorious,  but  fweetly  a  Vi- 
ctor of  his  Reafon,  into  a  refignation  of  practice  to  his  Precept-,  fomild  fo  ductile  was 
our  Prince,  that  though  it  was  not  Jtb'%  hand-  maid,  whofe  counfel  he  defpifed  not,  yet 
in  that  he  was  fo  obfervant  of  the  wife  advice  of  his  inferiour,  it  argued  him  not  onely 
not  evil,  like  him  the  Prophet  mentions,  vht  hated  him  that  reproved  in  the   gate,  bus 

very 


/ 


114. 


Wotarchnt   i» 
MM  «;*<• 


Per  iutimpgflivAm 
hberlattm  &f* 
ft r bam  ftnltrtUrn 
Anianut  lit.  t. 
dert/lii  Alexand. 
Vtnenum  ferimen. 
mfnt  f*llu  covfu- 
leniu. 

Qarimberros. 


In  Efntt.  it 
Theodorico. 


CjUdialiri  qukm 
Scnmen    propiir, 
Vel  FareicuU.i. 


D  Avila/>."  lj. 
f-  S°7- 

7/  firdeJiuKent  d' 
Amir,  trop  tun 
ftrm. 


A  Commentary  upon  Fortes  cue. 


very  good,  whomfoberfuafion,  and  affectionate  terdemefs  did  fo  effectually  move, 
which  is  not  eve.- the  iffue  of  good  counfel  given,  to  be  kindly  taken,  ard  exactly  fol- 
lowed. For  moftly  good  advice  is  like  to  water  fpik  upon  the  ground,  lightly  fet  by, 
till  it  be  dearly  paid  tor,  in  the  neglect  of  timely  obfervance  ,  which  would  have  al- 
ferted  the  Soveraignty  of  it.  SoUn  leflbned  Crafus  the  righc  ufe  of  profpe,  icy  ,  by  pre- 
paring  for  its  contrary  before  it  c:rnc,  but  the  Philofopher  was  thought  ptdantique, 
and  cenfured  of  pragmatique  arrogance,  till  the  time  ofCrafus  his  trouble  rufh'd  on 
him •, and  then  in  his diftrefs he cryes  oilt,  sdon,  Solon,  wifhinghe had creditcdhis pre- 
monition, when  there  might  have  been  hopes  of  anticipating  his  r.ow  miferable  fur- 
prize  :  Ckfar  had  an  intimation  not  to  be  at  the  Senate  the  day  he  had  his  ftab ,  but  lie 
contemned  it,  and  loll  his  life  by  it.  The  Duke  oiGuife,  in  Htmjxbe  third  of  France 
his  time,  was  forewarned  ofhis  being  (lain  not  onely  by  nature,  when  fhefvvooneda 
little  before  the  Duke  fate  at  Council,  but  by  a  note  fent  him  by  a  friend  •,  to  neither  of 
which  he  hearkening,  was  murthered  •,  Anhiashzd  had  notice  of  the  Confpiracy  »- 
gainlt  him,but  he  putting  off  .the  Meffenger  that  brought  it,  «( -rl  du  »,  till  to  morroVe, 
and  it  acted  on  him  before  he  would  hear  the  difcovery  of  it.  But  the  Prince  here  was 
better  inftructed  by  our  Mafter,  who  prefaced  his  advice,  not  as  Caitilhenes  fondly  did, 
by  freedom  more  bold  then  becoming,  more  rude  then  Welcome  and  friendly  ,•  bringing  death 
in  by  the  ttjberj  of  love, and  tt ft ng  the  cloal^af  counfel  to  palliate  the  dagger  of  dif patch.  No 
fuch  Projector,  and  half-faced  Traytor,  was  our  good  Chancellour  ■,  a  Gentleman  he 
was  born  and  bred,  and  a  Chriftian  fpirit,  his  piety  and  misfortunes  by  God  fanctified, 
hnd  begot  in  him  j  and  therefore  he  was  not  of  Cardinal  Prato't  fpirit,  whom  Ftmmm 
the  firft  of  France  condemned  to  an  Iron  Cage ,  which  was  onely  able  to  keep  his  pride 
within  compafs,  nor  of  Cardinal  Fatavinus's,  who  rather  then  mifs  his  plenty  and  ex- 
travagancies, would  comply  with  any  party ,and  ferve  any  vices :  no  fuch  raifcreant  our 
Chancellour,  he  chofe  ( good  man)  the  noble  attendance  ofhis  Princes  Pilgrimage,  be- 
fore the  enjoyment  ofhis  Country,  without  his  King  ruling  in  and  over  it,  and  being 
of  fo  Mafculine  a  foul,  that,  m  prosperity  made  him  net  t»  boaft,  adver fit j  not  complain  t 
neither  }affttnatt -,  under  all  calm  and  confeientious :  this,  1  fay,  being  the  virtue  of 
our  Chancellour ,  deferved  from  the  Prince  the  Title  he  here  gives  him,  to  be  vir 
Bgrtgius. 

And  juftly  fuch,  for  he  was  no  Rufus  Egnatius,  more  a  Ruffian  then  a  Long- robe- 
man,  but  one  fingled  out  to  this  fervice,  Fgregius.  tjua/i  ex  toto  grege  tletlus,  faith  Ft' 
ftm\  one,  not  to  be  pared  in  his  age,  nor  to  be  fellowed  for  loyalty,  not  like  Nax,i- 
an^ens  Country  of  0*A*.da,  abounding  in  flowers  but  barren  of  Corn,  that  is  a  man 
of  fhew  and  talk,  but  of  no  fmcerity  and  truth  of  wifdom  •,  no  fuch  man  was  our  Chan- 
cellour. but  a  Sage  of  incomparable  honour,  piety  and  ability,  whom  no  advantage 
would  buy  off  from  Loyalty,  and  fuch  he  being,  good  reafon  he  fhould  be  accounted,  as 
indeed  he  was  vir  Egregtus-,  yea,  and  without  difhonour  might  his  Soveraign  fon 
fay  to  him,  vicitfimefuavipmaoratisnetu^;  for  furdy  whatever  his  judgement  di- 
ctatedfit,  his  love  put  him  to  promote  to  his  Princes  improvement-,  no  unprincely 
narrownefTe  did  he  principle  him  in,  or  counfel  him  to  follow;  though  undoubtedly 
he  had  Metrodtrtijfcs  enough  to  folicite  him  to  accept  of  treachery  to  a  good  end  :  for 
his  brave  foul,  like  that  of  Sextus  Pompeius,  disdained  to  gain  great  things  by  indirect 
and  thus  he  ferving  his  Prince,  could  r.ot  but  be  acceptable  to  him,  and 


means  • 


the  onely  man  of  influence  on  him  ■,  yea  happy  in  fome  fort  beyond  the  ufaal  propor- 
tion of  fuperlutivc  meriters ;  for  leali  he  fhould  have  enter  commoned  with  them  in  the 
misfortunes  that  the  brave  old  Marfhal  Mtmorancj  (.had  by  a  remove  from  (  ouft,  and 
Mounfienr  de  Vttts  hotwithttanding  his  receiving  a  Bullet  at  the  Siege  of  Rochrl'wto  his 
body  to  fave  King  Hfnrj  the  third,  to  his  grief  found  true,  according  to  the  faying  of 
Lewis  the  ninth  of  France,  too  good  rtr vice  often  undoes  tnanj  men  )  God  called  him  out 
of  life  before  became  to  try  what  compenfation  his  loyalty  would  have ;  fo  that  as  he 
lived  fo  he  dyed  an  honourable  Victor  over  all  difficulties,  and  received  the  tcftimony, 
that  he  had  no  onely  afferted  reafon,  but  advantaged  it  by  fuaviloquious  Oraiory, 
which  is  here  termed,  fnavis  oratio. 

And  indeed  if  any  thing  have  Potency  in  it,  'tis  the  Rhetorique  of  affection,  and 
the  wo:ds  of  the  foul  warbled  froma  psffior-nte  and  furprifed  lip,  for  its  near  allyance 
to  ifnotfarneneffe  with  the  heart,  having  the  merit  of  all  poffible  acceptation,  can 

never 


^Commentary  upon  Fortes  cue.  ii? 

never  fail  oftheutmoft  reception  of  kindnefle,  and  that  is,  vidory  over    the  ear  and 
heart  it  addrefles  to :  this  pleafing  cried,  language  exprefles  by  fwectnefle  as  dele- 
ble  to  the  ear  as  fo  alfo  to  the  taft,  to  both  which  fenfes  'tis  applyed  in  Prov.  ix.  \  7.  and 
XX.  17.  SteSenwatersarefaidtobe  fweet,  and  fa cad  of deceit  is  fweet.    In  fob.  xx.  12. 
wiskedneffe  is  termed  fweet :  the  influence  tf  the  Pleiades  are  termed  fweet ,  xxxviii. 
31.  friendly  counfd  is  termed  fweet,  Pfal.  lv.  J14.  quiet  )fleep,  fweet,    Prov.  iii.  24. 
fupply  in  neceflky,  fweet,  xxvii.  7.  yea,  God  himfelf condefcending  to  the  termes  of 
mortal  infirmity  and  apprchenfion,  expreffes  his  value  of  perfons  and  things  under  this 
notion  o( fweet,  Cant.  ii.  14.  Let  me  hear  thy  voice,  for  fwtet  is  thy  voice  •  and  the 
Church  is  permitted,  yea  dictated  to  language  her  holy  Enamourments  to  Chrift  in 
that  Pathetique  acclamation  of  his  fweetneffe,  Ctnt.v.  13.  Hn  cheeks  (fayesfheof 
Chrift )  are  as  a  bed  of  if  ices,  at  fweet  floorers,  his  lips  like  Lillies  dropping  fweet  fmel- 
HngMjrrhe,  and  Cant.  ii.  3.  fhefaies,  bit  fruit  wot  fweet  untomy  taft,  the  delight 
that  God  takes  in  his  fervants  and  their  facrifices  is  termed  fweet,  fVe  are  unto  God 
(faith  St.  Paul  2  Cor.  ii.  1 5.)  a  fweet  favour  ef  Chrift,  and  Phil.  iv.  1 8.    An  odour  of  a. 
afwettfmell,  a  facrifice  acceptable  and  well-pleafmg  to  God;   yea  the  facrifice  of  ouc 
our  Lord  fefns  is  termed  a»  offering  and  a  facrifice  to  God  for  4  fweet  fme ling  favour , 
JEphef.  v.  2. 

So  that  the  Prince  in  acknowledging  the  Chancellours  fatisfadion  of  his  doubts,  and 
delighting  his  eares  with  words  of  reafon  and  eloquence  adapted  to  the  Conqueft  of 
his  understanding  and  will,  may  well  be  expeded,  to  not  onely  honour  his  Chancel- 
lours gravity  and  learning,  but  to  own  his  particular  feifure  into  the  power  of  efficacy 
of  them.    As  it  followes, 

2l«k  &  animum  meum  ardort  non  minima  legit  fecifti  fuire  document*. 

By  this  it  fhould  fcem,  the  Chancellour  baited  his  hoojees  tocatch  the  Prince  by  very 
fubtilly  like  a  Mailer  of  the  Aflembly,  not  with  airy  notions  and  foft  triflings  of  can-  Erafn.  Adaq. 
ting  words,  but  J  wis  &  Regis  Cerefao,  with  the  brain  ef  Jupiter,  with  that  Nix-re^*  chiL  «•  *""•  '• 
Zy$&  that flower  of NeBar,  that  i  d^efii'int  ysLh*.,  that  milkjf  Venus,  yea  that 'HAtrns '' *5** 
fyeSfM-m,,  that  food  of Helen,  which  the  Potts  cxprefle  their  Hyperbolique  fancies  in  ; 
for  Princes  being  born,  what  Subjeds  are  by  accomplifhment,  cannot  be  furprized  with 
ordinary  forces  of  reafon  and  quaintnefle,    their  Mother  understandings  and  abilities 
being  Paramount  to  them.     In  that  therefore  the  Text  fayes,  vicifti  me  fuavi  oratione 
tua  fitiredttumenta  legis,  and  that,  non  minima  ardore,    it  infinuates   to  us  that  there 
was  fomewhat  above  ordinary  art,  expreffed  by  the  Chancellour,  upon  which  fo  no- 
table an  erftd  followed,  and  Jtis  eafie  to  be  believed,  if  the  consideration  of  the  Chan, 
cellor's  Origin,  Education,  Pradice,  Office,  Ingenuity,  all  which  fpeak  him  proba- 
ble to  be  a  Maftcr  of  language,  as  well  as  judgement  ■,  yea,  and  if  we  confider  to  whom 
he  applyes  himfelf,  and  about  what  Errand  ^  to  a  Prince,  and  for  his  polifhing  to  a  * 
general  after- benefit,  thefe  things  premifed  will  eafily  offer  a  condufion  on  grounds  of 
reafon,  that  he  did  fpeak  apt  words  to  every  purpofc  of  prevalence,  yea,  and  in  that 
he  bore  away  the  teftimony  of  making  the  difcovery  he  tended  to,  our  Chancellour 
fceroes  more  fortunated  by  God,   then  every  brave  A  dor  in  his  brave  adion  is ;  for 
whereas  they  often  mifcarry  through  the  Inconformity  of  events  to  the  latitude  of  their 
Projeds,  he  fcems(if  this  language  be  the  Prince's)  to  be  arrived  at  abfolute  fuccefTe,and 
to  be  in  trie  Conclufion  what  he  intended  in  the  Attempt ;  the  Prince  his  affedion,  and 
fefped  he  has  gained,  no  man  has  his  eares,  no  delight  his  heart  more  then  the  Chan- 
cellour and  his  counfel  has,  the  onely  fcruplercftingunfatisfied  now,  is  to  appear,     - 
which  if  he  can  rcfolve,  he's  what  he  would  be,  and  that's  fhortly  this, 

Seat  amen  duobus  me  hue  illucauc  agitantibus  animus  ipfe  affligitur,  ut  tantjuam  in  tnr- 
bido  mari  cymba,  nrfciat  e/norfum  dirigere  prcra*  •,  unum  eff  dum  recolit  cjuot  anno- 
rum  curriculis  legis  addifcentes  earum  ftudiofe  conferant,  antequam  fufficienttm 
tarumdem  peritiam  nancifcantur,  quo  timet  animus  ipfe,  ne  ctnfimiliter  ego  prate- 
ream  annotjuventutis  met, ,  &c. 

Herein 


i  \6        A  Commentary  upon  Fortescue. 

Herein  the  Text-Mafter  brings  in  the  Prince  afting  a  part  of  great  anxirty,  and  as  it 
were  labouring  againft.  Wind  and  tyde  the  'fwift  ftream  of  his  Mafterfhips  reafonifor 
bis Highnes  being butyoung andunfixed,and  being mifmatched by  fuch  a  mafeulinc and 
fturdy  Artift,whowastofcekofnoRam,  Petar,  Moner-piece,   or  Canon  ofReafon 
and  Art,to  make  his  way  throegh  and  through  this  Royal  Stripling,  had  fo  diftreffed  his 
Profely  te,that  he  profeflcs  noCock-boat  rides  more  untowardly,and  with  greater  dan- 
ger of  fhipwrack,then  he  does  in  the  high  fca,&  on  the  fuperficies  of  thofe  furly  doubts, 
and  diflatisfa&ions.that  poflefshim  to  a  menace  ofo're-bearinghim,fain  he  would  pleafe 
the  grave  Chancellour,  in  being,  as  he  would  have  him,  a  Student  of  the  Law  by  know- 
ledge, as  well  as  the  probable  Protector  of  it  by  office  ,and  to  the  acquifition  of  skill  in  it, 
any  reafonable  time  and  toyl  he  would  allow  the  ftudy  of  it,but  he  fears  the  Lyon  in  the 
way  that  ftands  between  the  Law  and  his  attainment,  he  fees  many  men  fpend  many 
years  in  ftudy  of  that,and  that  onely,and  the  abftruGty  of  it  infru&uates  all  their  endea- 
vours,their  plcafure,their  age,  their  ftrength  intending  its  veftal  fire  fpends ;  yet  they 
find  no  Elixar  of  perfe&ion,  ftill  they  are  to  learn,  and  cafes  every  day  emerge  to  their 
iron- pluffing,  and  loath  the  Prince  is  to  engage  on  a  long,  defperate,  profitlefs  attempt, 
which  will,  after  many  years,and  much  induftry,  return  him  nothing  but  unfatisfiednefi, 
loath  the  prince  is  to  have  vanity  and  vexation  of  fpirit  inferibed  on  all  his   pains  -and 
time  allotted  the  ftudy  of  the  Law.     Thisis  the  force  of  his  firft  Argument. 

His  next  is,  An  Angl'u  legum,vel  eivilium  jm*  per  orbem  ptrcelebrei  [wit,  fludio  operant 
dabo.Nam  non  niji  cptimis  legtbu-s  populum  regere  licet,   ttiam  nt  dicit  FhiUfophus^natur* 
depretatur  optima.     Indeed  he  is  willing  to  be  dire&ed  what  well  and  wifely  to  do,  and 
fince  he  cannot  better  be  by  any  then  this  aged  Knight,  learned  Judge,and  incomparable 
Chancellour,  to  whom  he  promifes  indifputable  obedience,  (J£*are  lib  inter  fuper  hit 
<ju«d  ta  confnlis,  attfi  nltarcm»s,  arc  his  very  words.)  He  defires  folntion,  whicnofall 
Laws  are  the  beft  to  ftudy  to  know,  and  know  to  govern  by.    Whether  the  particular 
municipe  Laws  of  this  Ifland,  which  arc  purely  ftrange  to  all  Nations  ,  or  the  Laws 
Romane  and  Imperial,  which  are  the  directory  of  all  civilized  Nations,and  are  as  famous 
for  their  juftice  and  reafon,as  the  Romane  Government,which  introduced  tbem,was  for 
its  Conqueft  and  prevalence.    This  is  the  fum  of  his  Argument,  which  becaufe  heftarts 
not  out  of  curiofity,  as  one  nice  and  inquifitive,  but  that  thereby  he  might  be  skilled  in 
the  beft  method  of  Law,to  the  beft  end, order, peace,  and  charity.     This  evidence  ©f  his 
choice  to  be  of  the  beft,when  be  (hall  be  directed  to  it,  adds  emphafis  to  the  Arguments 
fcruple,  and  calls  for  the  anfwerers  care  and  cordiality,  which  the  Chancellour  aflents 
to  undertake,    profefling, .  that  though  there  be  weight  in  the  ob  je&ions,  and  they  are 
worthy  the  Son  of  a  King  to  make  them  :  yet  is  not  the  Law  under  fuch  an  obfeurity  of 
phrafe  and  form,nor  the  Books  of  it  fo  many  and  divers ,   but  that  as  little  time  and  toil 
will  be  taken  up  in  the  ftudy  of  them,as  of  other  Laws  •,  and  thereupon  he  proceeds  to 
anfwer  the  particulars  in  the  following  Cbapter,in  thefe  words. 


In  itnmenft  tlit- 
mm  fitptr  aUai 
scfrvaiarumle- 
£**%  cumuli,  fans 
omnit  pulttui  fri- 
vtuaui  juris.  1.1- 
viui,  DC  X.  Ta- 
balis. 


Q.i.Inftir/>.75. 


CHAP.    VIII. 

Pbilofophfts  in  prime  Thjjtarum  Aicit,  quod  tunc  ttnttm  quedque  fcire  arbhramur,  cum 
caufas  &  prineipia  ejus  cognofcamys  ufque  ad  element  a. 

THis  our  Chancellour  begins  his  Reply  to  the  Prince,  that  he  may  appear  to  him  re- 
folved,  to  give  his  fcruples  a  fit  and  full  fatisfadion.  The  Law  indeed,  the  Prince 
very  much  feemed  to  approve,  and  the  ftudy  of  it  to  acknowledge  convenient,  and  in  a 
fort  neceflary  for  a  Prince  •,  but  that  which  he  doubted  of,  was  hispoffibility  to  attain 
it  to  any  competent  degree,  in  fome  convenient  time ;  as  alfo  which  of  the  Laws  he 
Ihould  adhere  to  as  his  choice,  to  ftudy  and  govern  by.  To  both  thefe  our  Texr-Ma* 
fter  gives  folution  in  this  Chapter,  and  that  by  fuch  a  breadth  and  depth  of  foundation, 
as  will  carry  currantly  all  his  fuperftru&ure.  To  explicate  which  bis  defign,  he  brings 
in  what  he  has  to  write  with  this  Pofition  of  Arifiottlt,  That  evtrj  thing  uth:nfaidt$ 

he 


A  Commentary  upon  Fortes  cue.  117 

b'ekntwn  and  under  Hood,  When  its  caufe  and  principle,    even  to  its  elements,  is  considered 
and  ruminated  ufen. 

This  fencence  quoted  oat  of  the  i .  Phyf  is,  in  fenfe,    in  other  places  of  that  Author,  Lih  ..NMHt  Aa. 
tljiyauJiair&Tt&v  hibfttd*,  8cc.   Nor  can  Vie  be  [aid  to  knew  any  thing,  till  we  apprehend  fault,  rraft.j. 
the  caufe  of  it,  for  which,    and  by  Which  it  is  fuch.      $0  Analytic.    Pofter.  lib.  2.  c.i  ].   g,'p"£°*a    Dc 
and  in  other  places.  Yea  fince  God  has  fo  connected  things  in  nature,  that  they  depend  cognit"  primo" 
on  him,and  from  him  on  each  other,  and  pafs  through  changes  and  degrees  to  cheir  ac-  rum  p"ncp° 
complifhment,  there  is  no  underftandingofthe  World  in  its  mafs,  but  from  the  ap-  tum' 
prehenfion  of  its  mi*?  £wr,  its  efficient  caufe,  itvip'v,  the  caufe  from  Whence,  ji  \£  %, 
the  matter  of  Which,    -liir&fh,  the  end  for  which,  or  the  exemplar  after  which  it  is  made. 
I  or  fince  the  material  principle  of  the  World  is  Attme s,   which    amaffed ,  makes  by 
their  infinity  the  Moles  to  fwell  in  bulk,  and  by  God's  art  in  Natures  work,  to  bein  fn^Mb.^vt 
very  deed  beautiful,  as  it  is  neceflary  to  contemplate,  and  venerate  God  as  the  prime  Miieriaii  return 
caufe  and  efficient  ■,  for  they  are  both  one,  though  nominally  they  differ^    foisitalfo  FtinciP  °<c-8- 
the  readyeft  and  onely  way  to  conceive  rationally  and  judicioufly  of  the"  whole  by  the  Lii  4_  D(l  CauCl 
apprehenfion  of  the  minute,  particles  ,and  fmall  beginnings  of  them,  and  the  advances  reninuM  wit, 
they  being(bleffcd  by  God)  make  to  after  grandeur.  Which  Philofopher  s,  as  wife  fearch-  f'ltl' 
ers  after  nature  and  reafon,do  therefore  bufie  themfelves  in,becaufethey  find  the  afcent 
to  a  clofe  view,  and  accurate  profpect  of  them  attainable  onely  by  thefe  degrees  of  mo- 
tion from  the  Centre,  God  and  Nature,    to  the  Circumference,  effects  of  them.  Three 
words  then  here  are  propofed  to  couch  the  gradations  of  knowledge  under ,  the  caufes, 
principles,  elements  of  things  .-  which  the  Commentator,  probably  Averroes ,  thus  ex- 
plains,  Per  prmcifia  inteUexit  caufas  ejficientes,8cc.      By  the  principles,    he  underftands 
the  caufes  efficient  ■,  by  the  caufes,    the  caufes  final;  by  the  Elements,    matter  and  form. 
Thus  that  Commentator.     Indeed,  without  thefe  three,  underftood  in  fome  competent    »,»,««     > 
meafure,knowledgeofany  natural  body  or  thing,  is  but  dark  and  undclightful.  "Op/?"  ?"- 

The  principle  of  every  thing  fome  fay  is  the  nature,  -rather  then  the  matter  of  it  i  fo  * '  f4***?*  * 
fays  the  Philofopher,   for  he  makes  it  fomewhat  above  wkat  is  grofs  ■,  therefore  he  fays,  ^e^rtHim'.1" 
oiinttrinviitytMl©-,  that  from  which  any  thing  moves, is  eaHedthe  principle  of  it -,   and   mai.ci. 
mom  tu»  if  uivio,  this  is  common  to  all  beginnings  to  be  firft  in  order  of  time  ,exifience  and  D.£IetalPfiy  a'"'" 
influence.     Hence  is  it,  that  Philofopher s  call  thefe  principle*  efficient  caufes  ,  becaufe  lytic.//*.!*  TrUe. 
they  are  the  Parents  of  all  increafe,  and  the  products  of  all  exiftence^  for  whatever  is,  »•«■»■ 
is,  what  it  is,by  force  and  actuation  of  its  principle,    God  the  firft  caufe,  and  his  bene- 
diction on  the  fpecifique  nature,  to  which  it  appertains,and  is  principle.    Thus  the  prin- 
ciple of  all  Being  is  in  God, and  the  delegation  of  it  from  him  to  every  created  form  and 
fpecies  under  him.     And  therefore  that  paiTage  of  the  Apoltle ,    In  him  we  live,  and  Gaffendu'  '*♦• 
move,  ar.d  have  our  being,  isexegetical  of  our  depcndancconGod,  as  our  fupream  and  emeretin!*.*. 
f">vercign  principle.     The  caufes  here  termed  final,   are  in  effect,  the  fame  with  prin-  t-s.'-j. 
ciples  :  fo  fays  the  Philofopher,    vohr  ytorh,  that  is,  a  principle  whence  any  thng  is  .  f 

known  :  therefore  inafmuch  as  effects  difcover  caufes,  and  fo  things,  they  are  principles,  c.  "i?  y " '  f* 
i£  J  yimai,  &c.that  is,  a  caufe  from  which  any  thing  is  what  it  is,  faith  the  fame  Philofo-   ***•*.«.*• 
pber.Sow  though  there  be  variety  of  caufes.according  to  the  feveral  notion  of  men  and 
things,  which  Philofophers  and  School-men  abound  in,  to  a  needlcfs  extravagancy,  and 
men  lofe  their  time  arid  judgment  fometimes,    in  confidering  about  them  in  the   vaft- 
nefs  and  variety  of  their  elaboration  ■,  yet  as  they  are  foberly  ftated  and  confidered, 
they  are  very  ufeful,and  affiftant  to  the  undemanding  of  all  Science.     For  caufes  have  ct™%l1ZmT 
order  in  their  operation,  becaufe  the  end  is  the  reafon  of  the  agent,  as  the  Schools  fay,  9«m fini,  «/» rl». 
and  thereupon  becaufe  a$s  declare  ends ;  (for  knowledge  is  not  fecundum  auod  eli  in  po-  -*x"«"  •  smSh> 

.•/■ii/i-^x  i  11  L        L  ■  r    '         Thorn,  fnm* 

tentia,  fed  quod  eft  m  aUu  )  we  are  onely  made  knowing  by  the  perception  ofcaur  f«r«,q  s.ait.j. 
fes  in  their  actings,  which  we  call  effects,  or  the  ends  of  their  regency  over,and  energy 
in  things.  And  thus  God  being  thecaufe  of  the  caufe,  is  caufe  of  the  thing  caufed,  be- 
caufe he  gave  to  fuch  caufes  power  in  fubferviency  to  him  the  chief,  and  what  the  un- 
der caufes  does,  the  upper  caufe  is  entitled  to,  either  as  effecting,  or  permitting.  For 
though  reafon  be  the  order  of  proceflion  from  the  caufe,  yet  the  caufe  is  theimpolfe 
producing  the  act:  And  hence  is  ir,  that  fome  learned  men  have  derived  caufa  from 
wan,  ardor  and  incendium.  becaufe  men  are  inflamed  and  fet  on  fire  with  defire  to 
do,  as  if  they  could  do  no  other  ,but  do  what  they  do. 

D  d  The 


1 18        A  Commentary  upon  Fortescue, 


Snidas  in  virfo 

'Afjji. 
Z.ii.i.  e.i.  17. 
Cicero  1 .    De 
Orato. 


TheLft  word  in  0111  Text  is  elementum,  that    which   ftippofcs 
natter  and  form -,   this  in  compound  bodies  is  fo  neceflary,  that 
without  ail  the  four,   Water,  Fire,  E  firth ,  Air,  infomeoro- 
rher  degree,  nothing  car.  ordinarily  fubi:.ft.    This  is  confirmed  by 
the  Philofopher  in  that  Chapter,  where  he  makes  it  neceflary  to 
have  four  blements,   mwthat  which  is  the  fir  ft  difcoverj  of  every 
thing,is  its  Element  -,  and  whatever  being  one  and  lictle,  if  ufeful  to 
increafc,  that's  an  Element,  in  which  fenle  ,  metaphor.cally  ,    the 
Greckj  call  the  letter  a  *f»r«»  rc/j^'or ,  the  firfi  e  imcnt*l  Utter ,be- 
caufe  it  leads  on  to  all  the  other,    by  which  words  are  made,  and 
things  written  upon  ■,  and  Prifc ian  terms  a  letter,  the  figure  of  an 
Element,  and  an  Element  properly  the  force  and  power  of  the    letter. 
So  that  Elements  are  the  fine  eftta  non's  to  all  compofuion,   and  the 
understanding  of  ill  things-,    which  without  them  would  be  dark 
to,  and  inperceprible  by  us.     And  though  there  be  a  great  affinity 
between  principles  and  caufes,  yet  is  there  nothing  lefs  then  diffe- 
rence between  principles  and  elements,  I  mean  in  the  diverfity  of 
their  nature,  -nr*i  (tlv  *\va.i  ttytin1vt,tCC.    Principles  are  immortal, 
increate,    without  beginning  or  end,  Eh  ments  are  corruptible ,bcc/tuft 
created,  and  the  ingredients  of  all  compounds.     Yet  even    the  prima 
liter arum  element*,    as  guintilian  terms  the  A  B  C  of  Arts,  are  to  be  learned,  be- 
c  ufe  they  are  the  principles  of  Speech  and  Science,and  lead  to  the  greater  mark,  which 
they  call  matter  and  form,  that  which  diftinguvfhes  all  bodies  each  from  other,* and  de- 
fines their  particular  Species.    Thus  knowledge  is  perfected  by  understanding    the 
principle, whence  all  things  arofe, Cod's  power,  goodnefs,  wifdom,  manifefted  in  natures 
order  and  efficacy.     The  Caufes  final,  or  end,  wherefore  God  reduced  them  to  the 
pofition  they  are  in,  and  has  given  them  a  Law  which  they  cannot  difobey  without 
Rebellion  and  Apoftacy,  that  is,  his  glory  and  praife,  for  which  they  are,  and  were 
all  created.      And  thus  to  know  to  the  leaft  pimft  of  our  duty,as  rational  Creatures,  is 
tha:  which  the  Philofrpher  intends  by  fcire  arbitramur,  becaufe  made  up  of  the  know- 
ledr  •  of  caufes  and  principles  to  the  very  Elements,that  is,  fomewhat  of  infight  into  the 
whole  Chain  of.Art,  and  into  every  Link  of  it. 


VmtUmtwtifiunt  J>i>wi(i>   MlniutA  uni, 
un,  <4M,i"ri>(  if,^:»»r  c$rpn  m 
Gaffendas/if.)    DeMattna'.i  Principio. 
t.x.Tt  \.piif> 

Gjaift  tutihir  ntuum,  !%>!*!  nttturt  n»n 
Mtfi,  ngirwv"  1  finttsftU*  vi.futdifltm- 
tUm  UUm  tjiaji  u.[i  ,n*(tftrti.  jut  tnitr- 
.,uir  t.iqwd  ir  nihil.    Idem. 
I    •.  t.  S 

Xl  *<*<>'  hvyi*zXov  5«*r»,  &C. 
Lib.\.  Metaf.c.\. 

Mttaphj/f.\ib4.  c  3. 

Littr*  I/(Winfi  ftrnr*,  tllmtnuim  hurt 
vii  &ftt<ll*i  fropni.  Prifcianus./id  I .  De 
liter  a. 

Ntnmm  nqmit  IX  un*  re  fort  TlhtlOtex 
humeri  ft\-  ix  fail  >r«piin  prmcipiii  quifqUt 
Xei  nnfa  fttttvn  .  j«J  m«i»  prmapUfin- 
luttmm  trt&dit  eft  infniu,  SniBui 
Auguftinus  De  Aia'*n>i»ndio.  «f*W 
Gaffead.      Pbyfie.^A  I.     lib.j.Tem.i 


Inlegibusvero,  nen  funt  materia  &  forma,   1st  in  Phyjicis,  &  Compofttis  ;  fed  tame* 
funt  iniis  elementatjuadam,  t-.nde  iffe  prcfluunt.    ttt  ex  materia  &  forma,   qua. 
funt  cenfuetu  dines,  Batuta  &  jus  Naturt,  ex  ambis  fi'.nt  omnia  juraregnijttt 
ex  materia  &  forma  funt  eymque  naturalia. 


I  Inftit.c.tO.  in. 
x.ftS.li'. 

Doftor  &  Stu- 
dent, f.x.b* 


Here  the  Text-Mailer  fhewes  the  agreement  which  is  between  natural  Bodies,  that 
corrfift  of  matter  and  form,  and  politique  bodyes,  beautified  by  Lawes  of  order  and 
ufe,  which  have  the  fame  accommodations  to  the  ends  of  their  contexture,  as  natural 
bodies  have  to  the  puipofe  of  theirs  •,  as  the  matter  of  bodyes  natural  are  elementary, 
and  the  form  flowing  from  the'foulary  Nature  of  every  fpecies  is  adive  and  energical 
according  to  the  denomination  of  its  being,fojs  there  in  theLawes,  reafon,  wifdom 
juftice,  aptly  worded,  and  orderly  digefted,  which  is  called  amma  Ligis, and  ufhers  in 
formam  Lcgis,  which-  the  Lawyers  underftand  by  medo  &  forma.,  and  forma  le galls  fo 
frequent  amongft  them. 

Now  the  Chancellour  fayes,  thefe  Elemcnss  of  the  Lawes  do  give  occafion  to  tbofe 
effluxions,  which  are  equally  correfpondent  in  the  Law  to  matter  and  form  in  natural 
bodies,  and  of  three  forts  he  makes  them,  as  Sir  Edward  Cooke  does  alfo  after  him  • ) 
Cuftomes,  Statutes,  and  the  Law  of  Nature.  Mr.  Perkins  makes  f\x  grounds  of  the  Law 
of  England.  Lirft,  the  Law  of  Reafon.  Secondly,  the  LawfGvd.  Thirdly,  Gent? 
ral  Cuftoms  tf  the  Realm.  Fourthly,  Principles  or  Maxims,  fifthly,  Particular  Cu- 
ftoms.  Sixthly,  Statutes. 


The 


y# Commentary  upon  Fortescue.  i»? 

The  Law  of  Nature  what  it  is,  is  to  high  for  me  to  determine,  onely  the  ufe  cf  *"'""''£?£* 
it,  God  forefeeing,  ftamped  the  Charters  of  it  on  all  mens  mindi :  je  that  it  is  tk  f^2mlJ2',„. 
fieks,  and  prime  bounty  of  God  and  nature,  whence  whit  ever  is  right  and  Law  in  thr    '"  •nf"*'  undc 
world  between  man  and  man,  proceeds,  thus  Htfperns -,  and  the  fame  learned  man,  afrer  J*",/",    '"',£*, 
he  has  fpent  much  profitable  difcourfe  about  it,  concludes,  That  nothing  is  mere  peat-  /**/<.>*•  ui  Vrir. 
liar  to  man  to  excell in,  then  fnftice,  for  the  practice  of  which  virtue  God  tffeciallj  created  Vjj?*£ '""'''''' 
him,  and  appointed  him  the  earthly  Temple  of  it.      And  hence  is  it,  tharrhe'eripture     ' '*' 
has  not  onely  commended  Juftice,   and  fet  forth  Cod  the  Prdident  and  reward  of  it, 
but  in  the  Law  of  Nature  has  fo  inliituted  man,  that  if  he  follow  it  precifely,  he  can- 
not but  in  prapriis  aQionibtu  convenienttr  agere,   that  is,  do  every  thing  according  to 
what  God  require*,  and  the  Law  of  his  makers  plcafure  :    for  though  politivc  Lawes  vu,  Tr»aM„m 
do  variate  according  to  divcrfity  of  men  and  times,  yet  this  Law  of  Nature  being  mo-  ®»'*»*  fyfi- 
ral  and  permanent  alters  not,  but  is  central  and  fixed,  and  fo  the  main  ingredient  of  ^tm'^l mUnm. 
all  obligations  to  virtue,  and  abhorrencies  of  the  contrary.  And  on  this  ground  the 
Law  of  England  is  faid  to  be  built  upon  the  Law  of  Nature,  becaufe  it  oppofes  every 
thing  malum  per  fe,  and  difcovers  the  turpitude  of  it,  and  promotes  what  ever  is  juft, 
honcft,  and  of  good  report,  which  is  the  fum  and  end  of  the  Law  of  Nature  i    concern- 
which,  fee  the  notes  on  the  third  Chapter. 

Cuftomes  are  the  fecond  Triangle,  and  thefcareofan  high  nature,  fothiCtn   the    »^  i^      t 
thilofopher's  fenfe,  they  are  the  great  Regents  in  all  the  world,  fo  favourable  to  evil,  *<W1,,  *j„  T^ 
that  God  charges  the  vanity  and  provocationof  Idolatry  to  the  account  of  Ethnique  m£an%t 
cuftomes  learned  by  Ifrael,  and  repro?ches  them  for  vain,  fer.  x.  3.  but  thefe  are  not  tA.  7  l*M»n>. 
the  Cuftomes  the  common-Law  is  built  upon,  for  whereas  they   are  mala  per  fe,  and  '•"• 
tend  to  evil,  fetting  up  mifchief  as  a  Law.  The  Cuftomes  of  the  Common-Law  are  the 
harmlefleandapprovedufagesofthe  Nation,  time  out  of  mind,    and  without  inter- 
ruption, and  thefe  are  fo  far  from  being  evil,   or  if  they  be  fo,  from  being  continued 
fuch,  that  nothing  of  ttiat  nature  can  juftly  be  charged  upon  them,  which  the  Pru- 
dence of  Kings  in  Parliament  have  not,  and  may  further"  as  they-fee  wifely  andwor- 
thyly  fit,  remedy.     The  Jewes  ( great  doters  on  Cuftomes )  have  fevcral  words  to  ex- 
preife  them  by,  *]"}!.,  denoting  the  addidion  men  have  to  it,  while  fhey  makeit  their 
path  and  way  to  walk  in,  natural  to  and  beloved  by  them,  E*sch.  xx.  30.  and  Gctt 
XXXi.  3?.    by    •\n3"!,  foP/".CX.4.  Then  art  a  frit  ft  for  ever,  tfVW  fy  fecttndhm 
moremvele^nfuttudintm  Mtlchifedec  ,  which  the  Autrour  to  the  Hibriirs  renders^ 
Tiw-m^iv,  according  to  the  order  of  Melt  hi  fedec,  or*Sve:fv7.   xp  iiw  ifuii-nrm,  accor- 
ding to  theiikjnejfe  of  Melchifc  dec  :  by  CB©,  denoting  a  lorgafe  from  tne  Law  of  Na- 
ture and  Nations,  ny^pH,  Ltvit.  xviii.  laft,  derived  from  pj?H,  ftttuert,  infcultere, 
velimprimtrt  efligiem,  alluding  to  the  force  of  Cullome,  which  transformes  man  from 
what  he  was  into  fomewhat  whkh  Cuftome  makes  him  to  be,  as  a  Caner  makes  a 

S>eice  of  wood  rude  and  rough,  by  his  art,  fymmetrious  and  lovely,  or  the  contrary  ■, 
b  Cuftome  rules  men  to  what  it  felf  in  nature  is,  fro  drcrtto  &  ftatt-.to  habetur,  faith 
Kimchi,   thefe  words  fo  vcrious  and  f  gnificant  expreffe  the  Jtwifti  notion  of  Cu- 
ftomes.    The  Greikj  called  Cuftom  i  >fy©-  O^Jj  ,  the  rewritten  Law  ;  irn  <ns  oyi^ov,  la,dit '"  **** 
m  a  fgntr  dire U ion  to  what  is  to.be  dene,   and  whereas  Law  is  written  Cuftome,  that  is,  '•*®"- 
the  mos gentis  vel  loci%  is  prefumed  for  the  good  of  people,  and  by  thtm  as  fuch  ob- 
ferved  :    this  Cuftome  as  here  underftood  is  not,  as  Snidtu  fayes,  tuftim  *'»3p«.'77wr,  &c. 
onely  the  invention  of  men,  but  the  at}  of  life  and  time,  not  working  tu^\\\h  lytphfia,    bj 
force  and  fear  as  Lawes  of  penalty  do,  but  by  inclining  men  willingly  to  a  resignation 
of  themfelves  to  it,  makes  in  time  it  ftlf  abfolute  Lord  of  them,  and  brings  them  un- 
der a  pleafing  fubjeftion,  in  which  they  are :  efolute  and  unweaned.    Our  Law  under 
tbe  word  Cuftome  conches  many  things,   1 .  Common-Law,    2.  Statute  Law.  3 .  Par-  1  iatttt.f,  u. 
ticular  Cuftomes.     Rent- Services.     5.  Tributes  and  Impofitions.    (,.  Subfidics. 

But  thefe  arc  large  notions  of  Cuftome,  that  which  the  Text  intends  by  Cuftome, 
is  more  prelTe  common  ufage,  time  tut  if  mindc,  and  peaceable  without  I awfull  iuter  ,  inflit.y.  i»o. 
mpticu;  of  \\\\s  Brail  on  a  Uamed  Judge  in  Hwjr  the  third  his  time  writes  thus,  Con- 
fuetudtcjuando^ueyiLC.  Cuftome  ftmetimts  is  obferved  for  a  Law,  efpecia/Sj  where  it  is  r*I-*;»> 
generally  approved,  fir  there  it  is  the  Law  ,  for  ufe  of  ancient  times  and ctftomes  is  not  of 
mean  authority.  This  of  BraBcu  is  the  voice  of  Policy  and  Gubernative  vvifdomin  all 
Lawes,  Inveterata  ctnfnttndot  &c.     Ancient  Cuftome  is  n.oft  defervedly  allowed  Law% 

D  d  3  faith' 


120 


A  Commentary  upon  Fortes  cue. 


tA.  »4.  Digeft.    Digeft.  l>t>.  i.Tit.  I.  It 
/.  ti. 

Digeft.  lib.  I.Tit 
Digeft.  Hi.  i.Tit.  3 
cmfnttil.  p.ll. 


4,  Gloff.  m  rgent.p.  407. 
<fc  tegibsu,  Stiuamtjut 


1  Inftir.  p.  4*. 


ttnfntt*de  licit  mignt  fit  dwhmttiis .  »»»• 
qium  t*mtn prdjndic*t  vcntui,      Reg.  Ju- 
ris. 
17  Ed.  ».  «.  t«. 

Cambdeni'n  G'.ouccftct  fhirep.  its 


TiW«  k»M»r  p. 
714.  7<». 
t.i.  J.  /«/.  <». 


faith  7«/J4»  i  the  like  fay  Vlpian,  Hermtgenianus ,  Paulus,  Cdliftratus,   Mo  deftinus, 
and  all  Lawyeri,  yea  tnofe  Paffages  in  the  Civil  Lawes,  eonfuetudo  dat  jurtsdiElw- 
nem,  eft  optima  Legum  interpres,  That  Cnfiome  gives  JnrisdiLJion,  is  the  In  ft  inter- 
preter of  Law,  that  the  Cuftom  of  a  place  dertgat  legi  initio  loco,  prevailes  again f 
the  rule  of  Law  in  that  place :  'nSiKti  \us  or  juftttia,  Homer  takes  alfo  for  'i$&-  Cuftomey 
yet  fuch  a  cuflome,as  is  jure  receptum.  Thefe  and  hundreds  of  fuch 
affirmations  indulgent  to  local  cuftomes,  declare  the  vigour  and 
virtue  of  Cuftomes,  as  that  unwritten  Law  that  is  antient,  accepra- 
ble,  and  convenient  for  that  place  ■,  hence  is  it,  that  the  Law  of 
£»£/*»</ allowcsCuftoms(cloathed  with  time  and  ufage,  long  and 
quiet  without  legal  interruption)  of  great  Authority  :  for  as  every  place  almoft,  fo  eve- 
ry Court  has  its  peculiar  Cuftomes,  which  are  Lawes  to  it,  yea  the  High  Coiirt  of 
Parliament,  (his  propriis  confuetndinibtts  fubfiftit,  has  its  peculiar  Cuftomes,  which  art 
called  lex  &  eonfuetudo  Parliament i ;   and  though,  faith  Sir  Edward  Coole^ ,  jfia  lex  ah 
omnibus  eft  quarenda,  a  multis  ignorata,  d  paueis  cognita,  yet  fuch  a  Law  and  Culome 
that  facrcd  Sanhedrim  hath.    Indeed  Cuftomes,  mala  perfe,  are  void  in  Law,  and  fo 
are  thofe  that  are  contrary  to  National  Juftice  -,  as  were  the  Cuftomes  in  43  2?.  3. 
mentioned  by  Sir  Edward  Coole^  and  that  other  in  the  cafe  of  William  of Brimingto*, 
and  the  Tenants  of  Brnmfgreen  and  Norton,  which  therefore  were 
judged  void,  becanfe  they  were  contrary  to  reafon  :    and  fome  will 
be  ape  to  fay  of  that  nature,  may  be.  that  Cnftome  in  fome  pare 
of  Glonceftcr-fbire,  That  the  goods  and  Ltnds  ef  condemned  per- 
fons  fall  into  the  King's  hands  on:  I  J  for  a  year  and  a  day,  and  after 
that  expired,  return  to  the  next  heires  :  but  in  other  cafes  where 
Cuftomes  are  reafonable,  jure  and  good,  there  they  are  prefumed  of  great  validity, 
and  to  hava  a  good  and  fage  Commencement,  though  we  know  not  the  precife  moment 
and  manner  of  it,  fo  refolves  the  learned  Seldcn  in  the  many  cafes  he  inftances  in.     And 
fo  is  the  Judgement  of  Linwood,  who  defcribes  the  proofs  of  cuftome  thus,  thewitnef- 
fes  are  upon  their  Oathes  and  Confciences  to  fay,  guodfempcr  fie  viderunt  tempore  fno, 
&c.   That  they  have  always  feen  it  fo  in  their  time,  and  heard  it  fo  from  their  Elders,  nei- 
ther did  they  ever  hear  or  lenow  the  contrary,   and  that  the  common  Opinion  is,  thatfoitist 
and  has  been  in  all  times,   in  the  memory  of  all  men,  and  it  is  required,  faith  he,  that  the 
witneffes  that  depofe  a  Cuftome  fhould  be  born  in,  and  dwellers  near  the  Country  and  place , 
Veherc  the  Controverfy  is :  thus  LinVvood  in  the  cafe  of  a  particular  Cuftome,  which  yec 
is  far  fhortofa  general  one:  for  that  being  the  Common-Law  of  the  Nation  beares 
down  all  pleas  againftit,  that  are  not  eftabhfhed  by  regal  Sanation  in  Parliament.which 
EHz'Vi  *'""  °f  ^e  ^exc  ca"s  Statata-    Thefe  are  the  Lawes  of  the  King  made  by  the  Affcnt  of  the 
three  Eftates  his  Sub  jefts  by  his  Authority  called  and  kept  together  •.  Statutes,  not  Sta- 
tutes of  Omri,  of  difloyalty,  treachery,  diforder,  but  Statutes  of  loyalty,  piety,  pro- 
bity, humbly  preferred,  judicioufly  confidered,  foveraignly  pafled  •,  thefe,  and  thefe 
onely  our  Lawes  allowes  Statutes;  favours  of  the  King  to  his  people  upon  the  preforma- 
tions of  their  requefts  by  their  Truftees  the  Commons,  and  the  Advife  and  Aflent  of 
the  Noble  Peers,  the  Lords  of  the  Clergy  and  Laity,  to  his  Majeflyfor  his  Aflent  and 
Confent,  which  is  the  infpiration  of  their  foul  into  them.     Thefe  Lawes  thus  formed 
and  emanating  are  the  third  Bafis  of  our  Lawes,  and  indeed  the  moft  probable  Engine 
of  our  rectification  imaginable,  fince  by  this  bleffed  aft  of  wife  and  worthy  Legiflation, 
Lawes  in  cafes  omitted  may  be  made,  in  cafes  dubious  explained,  in  cafes  obfolete  be 
vacated,  in  cafes  hard  be  indulged ;  in  all  cafes  be  accomodated  to  God's  glory,  the 
King's  honour,  and  fafety,  the  Peers  luft're  and  dignity,  the  peoples  peace  and  prospe- 
rity.    Butbccaufe,ofthis  I  fhould  have  occafion  to  wrice  in  the  notes  on  the  18.  Chap, 
lie  defift  further  proceedure  on  them  here.  4 

Onely  in  that  the  Chancellour  fays,  all  the  Laws  of  England  do  proceed  from  thefe 
as  their  Elements,  and  condiment  parts,  there  is  a  good  Argument  to  admire  the  Laws 
ol f  England,  as  moft  ufeful  in,  and  moft  juft  for  the  Government  of  the  people.  For 
Cnce  ine  wifdomof  God  in  the  Law  of  Nature,  the  Cuftoms  of  People  in  the  common 
confent  of  the  Nation,  the  divine  foul  and  fentence  of  the  King  aflifted  with  his  Peers, 
reverend  Prelates,  and  renowned  Lay-Lords,  (men  in  whofe  Counfel,  there  is  fcience, 
ferioufnefs,  and  fecurity.)  Since  thefe,!  fay, do  all  co-operate  in  maintaining  the  Laws 
in  this  their  Triangularity,  there  is  a  moft  undeniable  A  rgumenr,  that  the   Law   of 


T>»lttr  tnd  Stu* 
dent  c.  7 . 


4lnftit.p.  is. 
notes  en  G'tap.  I. 
•/  ttrlmmenti. 

Cook  Jutisdift. 
Jailiamenti.  p. 

14.  IS- 

See  the  trttmUt 
U  the  Sttl.  7  H.4 
c.  1.  Ann.  Dom 
1 40s. 


England 

0 


A  Commentary  upon  Fortes  cue.  121 

England'ua.  choice  Law,    extraded  from,  compofed  of  thequintefTenceof  allLaws, 
and  fuitabic  to  all  gubcrnative  purpofes,   and  in  no  fort  defective  to  the  carrying  on  of 
piety  to  God,  loyakytothePrir.ee,   and  charity  to  one  another.     And  therefore, 
though  the  Rules  and  forms  of  Law,  are  the  marrow  of  the  knowledge  of  it,  yet  are 
the  letters  of  which  the  words,    and  the  words  which  make  the  fenfe  of  Law,  as  of  all 
other  Learning,  to  be  well  understood  by  the  Student,fince  they  are  as  the  elements  of 
compound  bodies,the  grounds  and  inchoat  duds  to  the  more  confequential  parts.     *rii 
true,  as  in  the  body,the  eye,brain,hearr,face,  as  the  moft  confpicuous  and  ufeful  parts 
are  firft  honoured,  yet  cannot  the  body  fubfift,  nor  the  anatomift  exadly  read  of  the 
ftrudure  of  it,  without  knowledge  of  the  lefs  ufeful  and  honourable  parts,  and  confede- 
ration of  them  in  chrirrefpedive  pofition  and  ufe:  fo  in  Arts  and  Sciences,  as  this  of 
the  Law,  without  elementary  knowledge,   all   other  is  unattainable,  not  pofilble  to 
fubfift :  therefore  the  Text  fays,  Et  ut  ex  Uteris,  eju*  etiam  element*  appellantur,funt 
omnia  tjua  leguntnr.     What  Attomes  are  to  the  Earth,  Drops  to  the  Ocean,    Rays  to 
the  Sun,   Sparkles  to  the  Center  of  fire,  that  are  Letters  to  Science.  Nature  works 
gradually,  and  her  increment  is  by  progrefGon  from  little  to  more,  and  from  more  to 
moft  of  her  capacity.     And  hence  isit,  that  as  Painters  that  are  Matters  in    Pidure, 
have  Penfils  of  all  fizes  and  colours,  intenfe  and  remifs,  in  the  equality  of  whofe  mix- 
ture, the  vigour  of  colours,  mediocrities  of  fhades  confift  :  fo  is  there  in  the    Rule  of 
Nature  fucb  a  Leffon  taught  us,  as  firft  to  inure  our  minds  to  the  fmaller  and  lefs  bur- 
thenfome  things  of  Scierce,  Letters,  before  we  approach  thofe  that  are  ingenerated  by 
their  introduction :  Principles  muft,  in  this  fenfe,  follow  Elements,  as  words  do  fuc- 
ceed  Letters. 

Principia  autem,ejm  comment at  or  die  it  ejfe  cattfas  efitientes,  funt  ejutdam  univerfali* ' 
qua  inlegtbus  Anglit  docli  ftmiliter y  &  Mathematici  maxim*  voeant,  Rhttorici 
Paradoxal,   &  CiviliB*  regulas juris. 

The  Chancellour  pretermits  no  Animadverfion  that  may  adorn  the  Law,and  make  k 
venuft  and  taking,  for  though  it  has  its  Pendants  and  knots  of  Elements,  which  trick 
and  adornoncly,  yethasitalfo  the  more  elaborate  and  becoming  parts  of  lovelynefi 
and  fcature.which  are  fo  ncceffary  to  its  operation, and  rational  acceptance,that  without 
them  it  would  not  evidence  fo  juft  and  ingenuous  a  merit. Now  thefe  he  calls  Maxims , 
which  carries  a  fenfe  of  grandeur  in  it ,  as  intending  to  dignifie  the  things  underftood 
by  it  with  a  note  of  tranfeendency.  Tbefe  Maxims  are  the  #<*)**««  7«f<  ri^m  ,the 
depths,  and  reftorative  quint ejj'ences  ef  Law  ;  that  from  whence  all  inferiour  things  have 
their  invigoration  and  fpihting.  Thus  the  Lawyers,  as  the  Mathematicians  in  their 
Art  call  Maxims,  fuch  notions  as  are  the  beft  in  tbeir  kind,  and  produdive  of 
many  excellent  illations  from  them ,  and  that  from  the  authority  of  Antiquity, 
which  not  onely  termed  God  the  Archited  of  the  Univerfe,  Maximus,  but  all  things 
fuperlative  in  their  kind  by  this  Title.  The  greateft  Overfeer  of  the  Romane  Ward, 
was  termed  Maximus  Curio,  and  Celfus  calls  Land  held  by  a  high  tenure ,  Optimut 
Maximus  fundus,  and  the  Ladj  Prince fs  of  the  Vefial  Nuns,  is  by  Valerius  and 
Suetonius,  called  Maxima  Virgo,   and  Maxima  Veftalis :  (o  that 

Our  Lawyer  by  Maximus  u  nderft  ands,  a  fure  foundation  or  ground     Ef''^M-  M»"  «"'■  &  i«fit»t*  m!}r*. 
•f  Art,  and  a  cctelufitpef Reafcn.     So  faith  Sir  Edward  Coo%,  and     ;r"«,"«~  "ZlZ^ZhZ'tfZ. 
Plcwden  feconds  him,   Quia  Maxim*  eft,  &c.      Bee  aufe  great  it     Budxus .» pandeft  pmm.f.m. 
its  authority  and  dignity,    as  that  reafon  vhich  is  indifpKtable  ,  and       \\l^tiom°r  %7  b. 
not  to  be  rontrndiUti.     So  is  the  Authority  of  1 1  Henry  the  firft, 
N'eftmy  a  difputer  I' 'ancient  priniples  del  Lcj.     Of  the  fame  na-        Doftor  <<rStud.c.t. 
ture    alfo  are  the  Rh'torician-  Paradoxes,   mfjjbfy*  iafjliKtilw        su>da>  «.  i*ri.. 
Snvuetrl*  ,    thatwhih  is  bijond  the  comrr.cn  notion    of  men:     and 

admirable  in  their  opinion,  ts  a  Paradox.     So  the  Civilians  have  their  notable  Obferva-  tn*1*  ijl  fhri- 
tions  reprefented  under  what  ii  equivalent  to  either  of  thefe,  and  they  call  them  Rules,  T  rmmc"T* 
wnun  they  define,  a  Rule,  fay  they,  u  a  delivery  made  of many  things,  by  a  compendia  frSttrUnh. 
csa  narrative  of  them,  that  is,   a  fhort  account  of  the  fubflance  of  things  of  moment.  J"™™*1- 
And  as  the  Law  is  by  Chrjfippus  a\kdmr1t»v  fanMvc,  the  King  of  aH;  fo  the  Rule  is,    n  "' 

Legis 


ill  ^Commentary  upon  Fortescue. 

Ltgit  Htfina,  the  Queen,  .andmoft  excellent  part  of  the  Law-  that  which  there  is 
no  receding  fromjbut  up6u  unavoidable  neceflity.  It  needeth  not  toaffign  any  reafon , 
wb}  at  firfi  the]  were  received  for  Maxims,  for  it  fhficith  that  thty  be  not  againft  the 

Do&.&Stud.       Lent  of  Reafon ,  nor  the  La"^  of  God,  and  that  they  have  always  been  taken  for  a  LaVr, 

*  «•  faith  DiQor  and  Student. 

If  fa  revera  n*n  argttmentownt  vi  ant  demenfirationibtts  logicis  dignofcuntur^fed,  nt  fe- 
cundo  Pofieriornm  doceturjndutliont^vi&fenfMS,  &  ntemori*  adipifeuntnr. 

In  thefe  words,  the  Text-Matter  Shews  the  nature  of  principles  tranfeending  grofle- 
ncSs  of  fenfe,  and  therefore  not  to  be  examined  by, and  calculated  exadly  according  to 
it.For  as  in  matters  of  Faith.there  is  no  reduction  of  it  to  the  narrow  limits  of  humane 
bruitifhnefs,but  the  Rule  of  belief  is  the  perfwafion  of  the  truth  believed,&  the  recum- 
bency of  the  believer  on  God,  whoistruthitfelf,intheaSTertion  of  that  which  from 
him  mans  underftanding  is  informed  of ,  and  affeftions  fharpned  on  to  believe  :  So  in 
Maxims  and  Principles  of  Science,  there  is  no  pre-exiftency  to  be  imagined  to  them  in 
the  art ;  but  all  that  is  knowable.is  emanation  from  them,  and  the  majefty  and  reafon 
of  their  conclufion  and  pofitivity,  which  is  the  reafon  that  the  pbilofopher  allows  no 
difputcr  to  deny  a  principle  ^  for  that  done,  undoes  all  that  is  fubfequent,  and  takes 
away  the  very  being  of  Argumentation.  For  how  can  any  Artift  advance  an  Argu- 
ment in  any  Art  beyond  the  firft  discoveries  of  that  Art  .•  And  how  can  any  demonstra- 
tion be  made  beyond  the  line  of  difcovery,  and  demonftrability  ?  For  the  Rule  and 
Principle  being  the  ultra  amd  non  ,bcyond  that  there  is  no  difcourfe  or  difcovery.  Let 
then  Principles  remain  MySteries,  not  to  be  dived  into,  but  adored,  becaufe  of  their 
coparcenry  with  Divinity,  and  let  the  fenfes  and  memory  of  man  content  it  felf  with 
Such  atttinnatnts,  as  are  conceded  them  by  God,  in  the  right  improvement  of  Nature, 
and  the  religious  ufe  of  her  indulgences.  And  as  no  man  can  define  light,  as  it  is  in  its 
principle,  becaufe  it  is  like  God,  indifcribable,  being  a  Ray  from  his  efTential  glory: 
lo  can  no  wife  man  properly  and  wifely  determine  principles  by  any  common  notion,or 
rational  apprehenfion  of  thcm.For  though  they  are,  and  are  declared  to  be  what  they 
tire  by  their  effects,  yet  are  they  hidden,and  cryptically  referved  by  God  from  the  ple- 
nary difcovery  of  our  fenfes,  that  we  by  them  unknown,  might  be  kept  humble  and 
dependant  on  his  Omnifcience,  which  onely  has  accefs  to  all  things,  or  rather,  from 
whofe  brightnefs  all  natural  things  are  illuminated:  And  this  being, as  1  humbly  conceive, 
the  true  apprehenfion  of  Principles  according  to  the  here  alleadged  authorities  of  the 
Phylofopher,  frimo  phj/icand  Topic,  his  inference  is  rational. 

Igitur  Principiis  imbuendi funt ,auiejui  glifcunt  aliquot  iutciligtre  facultates^  ex  cit 
etenim  rtvelantnr  caufa  finales ,  ad  quas  rationis  dutlu  per  frinciftorum  agnitio- 
nem  pervenitur. 

That  is,as  no  man  can  regularly  build  without  fquarc  and  Iine,which  do  roeafure  pro- 
portion.and  keep  the  fymetry  inviolate5and  no  man  can  war,  except  he  have  knowledge 
of,and  care  to  adhere  to  the  principles  of  Conduft  *nd  Battle  s  fo  no  man  can  under- 
stand Science,unlefs  he  allows  Principles.and  conform  his  notions  to  the  Canon  of  them. 
,  For  his  end  in  ftudy  and  difquifition.beine  to  attain  knowledge  in,and  maftery  over  the 
difficulties  of  the  Art,  and  fo  Subjugate  them  to  his  underQandiHg,  and  to  accomplish 
himfelf  by  helps  of  them,  there  is  a  neceffity  ( miracle  not  being  taken  in)  that  Reafon 
operating,  by  the  Principles  yielded  to,can  onely  bring  him.and  his  end  together.  For 
Principles  are  the  advances,  to  the  end  knowledge  •  they  are  the  Single  numbers,  by 
which  the  numerals  of  Art  are  made  up  j  they  are  ihc  guttulat  which  in  their  Mutters, 
and  Rendevouzes,  amount  to  a  Sea  of  Art.  Andthofe  that  contemn  thefe  Steps  of 
afcent,  will  never  mount  the  Throne  of  Science.  Takeaway  the  knowledge  of  thefe, 
and  Arts  will  be  under  as  great  an  Eclipfe  as  the  Earth  would  be,  when  the  Sun  were 
routed  the  Firmament :  difpute  thefe,  and  deny  them  to  be  their  own  tcftimony  :  we 
Shall  be  all  Scepiques,  and  feekers  after  what  we  know  not,  nor  Shall  ever  find  :  and 
as  he  that  builds  without  a  foundation,  will  be  but  afoolifh  builder  ^  fo  he  that  Studies, 
without  acquainting  himfelf  with  thefe  fundamental  univerj 'als,  Shall  bring  his  ftudy  to 

a  vain' 


A  Commentary  upon  Fortes  cue.  12,3 

a  vain  iffiie.and  prove  ridxiilou;  •  for  as  by  the  pregnane?  of  die  foul,  the  fetus  19  fo- 
mented and  invigorated  co  birth,  and  from  the  life  thence  commenced,  takes  augmen- 
tation by  the  aourifhmen:  of  its  Mother  ;  fo  Art  is  quickned  by  the  principles  of  obfer- 
vation  and  experience,  which  imb:bed,render  the  means  {tudy(next  under  God),ible  to 
produce  fomething  towards  perfection  of  knowlcdg.  And  as  where  there  is  not  a  hailnefi 
of  conftitution,&  the  body  is  no:  prepared  by  the  -ommongood  habits  of  heakh,to  nou- 
rish the  imbrio  to  quickning.  and  after  to  affitt  it  in  birth,  no  compleat  vigorous  infant 
comes  forth,  bnt  rather  a  Chix,ora  lump  of  fkfh  and  blood,  appearing  articulately  per- 
fect, bat  not  compleat,  as  to  the  integrals  of  internal  foundnefs  ^  So  where  there  is  an 
unfivourinefs  of  Conception,  and  the  mind,  by  being  vitiated  by  ill  prepofTe/fions,  ca- 
vils at,  and  is  carryed  with  a  leaven  againQ  <)ld  Rules  and  Maxims  received,  there  the 
o  eater  pains  is  taken.to  know  the  further  perplexity.and  mental  fury  is  contracted,  and 
men  grow  rather  averfe  and  obftin?te,tetncal  and  opmionative,  then  fober,  civil,  ufe- 
ful,  and  learned.  For  true  knowledge  begins  firfl  at  our  felvcs,  yyaQi  <n<tv}av,&ad  pro  - 
ceeds  to  know  others  Aright,  by  valuing  their  virtues,  and  pittying  their  infirmities, 
then  it  comes  to  view  in  the  glafle  of  a  pure  fpeculation,what  it  may  pofiibly ,  ought  ra- 
tionally, and  doth  effectually  know •  and  becaufe  it  finds  its  knowledge ,  is  but  as  a 
point  in  the  latitude  of  the  Univerfe,it  more  endeavours  to  fearch,then  boafls  of  attain-  ■ 
ment. 

And  hence  it  comes  to  pafs,that  the  great  boafiers  are  not  the  grat  gainer  s,x\or  are  men 
of  fingular  ways  and  expreffions,  always  of  foundeft  judgment.and  lincereft  hearts  :For 
asCreatures  that  are  of  wild  &  ravenous  nature.affect  devious  paths, and  avoid  the  ways 
of  converfacion,fo  men  of  defign,to  be  tragical,and  ruinous  to  any  caufe  or  profeflion, 
forfake  the  old  way.tbe  good  way,  and  in  juft  return,  are  often  forfaken^  for  as  the 
truth  makes  men  free,  fo  errour  leaves  them  in  bondage.  And  therefore  the  old  Chan- 
cellour  has  drawn  herein  to  the  life  the  portraicture  of  a  good  Artilt,  while  he  prefenrs 
him  ecalo  ad calum,  manuadclavum,  calling  on  God  for  a  ble/iing,  and  expecting  it 
from  him,  while  he  keeps  in  his  way.  God  has  an  efpecial  favour  ro  order,  'tis  himfelf, 
and  what  of  it  is  in  us,  is  of  him,  a  drop  from  his  Ocean,  a  Ray  from  his  Sun,  a  beam 
from  his  light,  an  emblem  of  his  infinite  perfection.  And  thofe  that  go  the 
way  of  God  and  Nature,  may  expect  the  reward  of  both.  For  minds  and  bodies  arc 
fo  near  of  kin.that  a  roving  head  feldorn  keeps  a  healthy  man  ;  and  r.one  are  fo  apt  to 
lofe  all  that  is  in  his  world  of  valuc,time  and  health  of  body  and  mind,  as  thofe  that  are 
inquifitive  after  more  then  is  fit  for  them  ro  find,  or  appointed  for  them  to  know.  God 
has  confided  ftudy  to  his  Rules- and  the  pnncip'es  of  every  Art,  are  to  bound  the  Artifr- 
for  they  are  necefTary  to  the  knowledge  of  it,  necejjitate  medii.  Therefore  (  faith  the 
Chancellour  )   Princifiis  imbuendi  funt%  &c. 

Ex  eia en'im  revelantur  caufe  finales ,  ad  (jtfas  raticnis  dtitttt  per  principiorurn  agmtit- 
ncm  pervtnitur. 

Now  that  a  Pythagorean  ,  «VJ»t  s:ii,  may  not  bind  up  the  Prince  to  a  rigid  confor- 
mity, and  implicitc  belief,without  any  conviction  of  hi9  own  reafon,  which  is  a  kind  of 
Divine  Judicatory  in  him,  the  chrncellour  here  fhews  the  nectfiity  of  knowing  the 
principles  of  any  Science  from  this  confederation,  that  they  are  the  Lines  of  Communi- 
cation, winch  reach  to  the  er.d.  cemer,tendency,  ar.d  drift  of  every  Profeflion  ;  for 
the  Rule  ar.d  Principle  is  of  theheighth  and  marrow  of  every  Conftitution,and  the  end- 
is  the  perfection  of  every  thing,  ^ir.ce  it  is  that,  for  which  every  thing  is  •,  and  there- 
fore becaufe  it  is  to  be  advanced  to  with  much  confederation  and  refolution  ,  notwith- 
standing the  impediments  to  proceeded  not  to  be  hindered,  the  Chancellour  adds,  Ad 
tjuas  ratioms  dvftu  per  Principisrum  agnitionem  pervenitur.  For  as  there  can  be  no  mo- 
tion without  life,  no  augmentation  without  motion,  no  fenfation  without  organs  of 
fenfe  •  fo  there  can  be  no  apprehenfion  of  principles  without  rational  organs :  for  it  is 
Pveafon  which  apprehends  and  improves  every  rational  Creature,  not  onely  by  dire- 
ig  it  to  what  \%  good,but  fore-warning  it  againft  what  is  hurtful.  And  therefore  no 
man's  procedure  is  l?fie  or  more  then  his  reafon  j  nor  his  reafon  other  then  fuitable  to 
the  organs  prepared  for  them.     For  the  foul  ii  tbe  formatory  of  all  our  Reafon,  and 

the 


124  ^Commentary  upon  Fortescue. 

the  emanation  of  it,and  the  adions  of  rational  Creatures  arc  fo  far  praife-worthy,  a, 
they  are  direded  xoa  good  end,  which  ever  is  carryed  on  by  good  rucar.s. 

Vndt  his  tribns  Principiis,  canfu,  &  elemtntis  ignoratis,  fchntia  de  qua  ipfafunt,  pe- 
nitns  ignoratur. 

That  is,  the  Science  conGfting  of  the  knowledge  of  the  efficient  caufe,  the  final  caufe, 
and  the  elements.  If  thefe  be  not  known  in  their  command,  fubferviency,  and  con- 
gruity  each  to  other ,all  that  is  thought  to  be  known  is  but  Babel,  R.ubbifh  and  Mortar 
t©  the  noble  ftrufture  of  Art,  a  Chaos  of  notions  or  omniformity  of  fancy,  no  polifh'd 
or  trim  fabrique  of  Learning.  For  example,  In  the  point  of  Law,  and  knowledge  of 
that,  the  efficient  caufe  of  the  Law  are  Governours  and  People  excited  by  God,  out  of 
ends  of  good  to  civil  focittj, to  make  Laws  by  confent.or  obey  good  Laws  made  by  com  - 
mand  of  their  Superiors.though  againfl  their  wills.yet  for  their  good,  For  Laws  are  the 
effeds  of  Power,and  have  the  ftamp  of  Empire  before  they  arc  owned  fuch.  And  again, 
Laws  are  in  r e medium  &  tutelam,  and  therefore  are  ever  acknowledged  to  be  made  for 
good,or  at  leaft  fo  apprehended,  therefore  1  term  them  made  for  ends  of  good,  and  I 
confent  to  them,as  made  by  men  excited  by  God  :  for  fincc  Laws  are  advantageous  to 
good.andhinderancesofevil,  and  man  naturally  is  evil,  and  inclinable  to  evil.  What 
he  is  an  efficient  of  good,  muft  needs  be  by  the  over-ruling  of  the  fupream  caufe  Godt 
wb»  ts  the  author  if  every  gotd  and  perfeS  gift,  and  who  emphatically  is  called  i  ro^cs*™*-, 
the  Law- giver.  For  Kings,  Princes ,  parliaments,  and  all  the  learning  of  men  and  # 
ages,  are  but  feskues  in  the  hands  of  God  to  point  us  to  duty  ;  and  if  he  does  not  fit 
in  the  A  ffembly  and  Judge  among  the  Gods,  Laws  will  be  ligula  nan  reguU,  Withs  to 
bind  the  Poor,  but  not  able  to  hold  Sampfon's  ,  whereas  Laws  ought  to  be  reguU  ad 
omnts. 

Then  the  caufa  finales  of  Law  are  Order,  Juflice,  Concord,  Peace.  Thefe  were  in  the 
mind  of  God,  when  he  thought  upon  making  man,  and  politrzing  the  World  -,  and 
thefe  he  works  in  the  hearts  of  men  in  place  ar.d  power,  to  propagate  and  cried,  as 
they  have  opportunity.  And  therefore  the  Student  of  the  Law  muft  endeavour  to 
know  what  Juftice  is,  and  how  it  refpeds  not  onely  the  peace  of  his  own  foul,  but  of 
the  whole  Nation,  and  how  it  has  regard  alfo  to  for  reign  cor/cfpondcncy.  For  fuftice 
it  indeed  all  virttte.  Hence  was  it  that  Achenaus  tells  us  ,  that  Antiquity  reprefented 
DeipnoCM.  lt  Juftice  toha.\ey7i  fainM  irtjfuwvy&c.  a  golden  face,  and  golden  ejes,tckjns  of amabilitj, 
t  J47.  and  purity  -,  yea,  the  firft  Altars  they  ereded  were  to  fuftiee,  as  the  diety  fubfidiary  of 

all.  And  he  that  isdefervedly  an  Arifiides  i  a'ucuQ-,  may  well  be  prayed  for,  that 
bis  Children  may  be  nnmerous ,  and  that  they  may  in  Juftice  be  like  their  Father; 
fince  fuftice  is  like  the  Cement,  which  keeps  the  parts  of  the  ftrufture  together  under 
the  common  bond  of  union  v  and  by  fuch  connexion,  prevents  fcifiure  and  fradion, 
which  in  time,  effeds  diflblution.  And  therefore  as  Divines  that  preach  fandixy  of 
life,and  likenefs  to  God,that  call  on  the  people  to  be  mortified,  and  to  be  fub  jed  for 
Confcience,  fhould  themfelves,  of  all  others,  be  moft  holy,  mod  pure,  presidents  of 
)icty  and  patience  to  others •  not  heady,  high-minded,efftrninate,  diftarbers  of  order 
>ecaufe  they  ha  ve  daily  Ledures  of  precifenefs  herein  from  the  feverity  of  their  pro-, 
effion,  and  the  effed  it  fhould  have  on  their  own  lives :  fo  of  all  men  none  fhould  be 
fo  averfe  to  injury,  fo  free  from  ftrife,  fo  gentle  in  bearing  with  the  follies  of  the  pith, 
fo  refolute  to  propagate  order,honour,and  learning,as  men  of  Law.  For  their  profef* 
bonis  jus  dicere  &  doctrt,  Right  is  the  genius  of  their  ltudy  ;  and  to  prevent  wrong, 
ought  to  be  their  pradice.SincetheendofLaws,is  to  keep  men  in  government  by  the 
contexture  of  Law,and  the  diftribution  of  Juftice  according  to  it  •,  and  they  who  pro- 
k(s  the  Law, and  ufc  it  onely  as  a  decoy ,to  call  fortune  to  them,  by  over-reaching  weak 
raen,  and  fupprefling  right  by  power  of  argument  and  favour,  are  Lawyers  per  Ami- 
phrafin,  as  Richard  the  third  was  Heir  to  his  Nephews,  of  whom  the  Bifhop  of  Carlile 
faid,  he  was  malus  hares, they  are  poffefTours  of  the  name,  but  not  virtues  of  tbofe  pri- 
ftine  Lawyers,  Pomponius1Cajus,  Aquilius,  Servius,  Papinianus,  Br  alien,  Glanvil, 
Littleton,  Cafcojn,  ar:d  others  fince,  who  were  not  temptablc  to  injury,  neither  by  fa- 
vour nor  frown. 


Vrsde 


A  Commentary  upon  Fortes  cue.  125 

Vttie  his  tr.bm,  videlicet  principiis,  catijis,  &  dementis  ignoratis  :  fcientia  de  qua  iffa 
font,  penitusigwratur. 

That  is  the  medU  and  partes  to  perfections  being  obftructed,  or  rather  not  made, 
there  is  no  poffibility  of  the  perfection  to  be  attained  which  they  are  duds  and.con- 
voyfsto^  as  without  eyes  and  eares  man  can  fee  or  hear  no  Letters,  without  reafon 
nor  judge,  without  Memory  not  retain,  fo  without  confiftcncy  and  fobriety,  not 
fubmit  to  Principles  and  be  ruled  and  fwayed  by  them  j  the  want  of  which  rational 
paflivity  caufes  all  the  pedantry  and  fcepticifm  that  is  in  the  world,  lor  though  it  be  a 
e  daringneffe  of  reafon  to  confider  and  fearch  into  things,  and  perfection,  as  it  is 
.nablebyman,  is  thus  advanced  to,  yet  is  there  danger  in  too  far  ventures,  to 
be  immerged  and  in  the  depth  of  new  difcoveries  to  lofe  all  footing  of  priftine  fcience^ 
for  taxation  of  Principle  once  affaulting  new  Difcoverers,  brings  them  to  fuch  a  levity 
and  itch  of  Progreffe,  that  they  acquiefce  in  nothing  but  uncertainty,  and  grow  un- 
natural to  the  priftine  Principle  of  their  fixation,  which  if  they  would  as  to  the  main 
adhear  to,  would  encourage  them  to  many  rational  advances,  by  which  from  the  con- 
eluded  root  and  maximeoiait,  many  notable  ftps  of  fcience  might  be  attained,  which 
wou'd  make  2  plcafant  fhew  in  the  knots  and  borders  of  arts  implantation  :  tho  I  well 
know  it's  a  very  hard  matter  to  form  wi.h  nobly  ingenious  des Cartes  a  new  Pbilofophy, 
arid  not  with  his  tranfeendent  Ceniustorcfo'vetodoit  by  a  declenfion  of  all  former 
preconceptions,  and  a  pleafure  to  unlearn  whatever  he  has  afore  learned.  Thus  as  the 
civil  Law  accounts  a  houfe  or  fhip,  .that  has  been  fo  much  and  fo  often  mended,  ut  nihil  ,.    „  , 

/  f       ■        •  1  1  f    n  1  n  L     /•  Tit.  Delegans.I. 

tx-frtftiti*  materia  Jitpcrfitjhat  it  is  nothing  t]  what  it  firjt  wot,  but  all  new;  yet  the  lame  lib,  <$.  /?  i/i  fl". ». 
it  firft  was,  notwithstanding  all  its  changes ;  fo  is  it  to  be  accounted  poffible,  that  men 
may  find?  out  new  difcoveries,  as  has  been  abundantly  by  our  famous  Countrymen  Dcsi»r  huvj. 
in  Phy!;ck  and  Mathemariques  of  late,  yet  be  Mill  loyal  to  the  Principles,  Elements  and  ^B°^c^, 
caufes  of  fcience,  which  they  overturn  not,  but  underfland  more- rightly,  and  apply  H.'n.«r. ' 
not  contraryly  but  divei  fly,  as  their  notion  and  indagation  directs  them  to. 

For  fince  all  the  knowledge  and  difcovery  our  nature  can  make,  is  but  confufed  and 
f'irk,  by  effeds  to  know  the  caufes,  fo  far  as  they  explicate  themfelves,  and  arefcrved 
by  proper  inftruments.  As  it  becomes  the  reafonable  foul  of  man  to  actuate  it  felf  pro- 
porcionably  to  the  Divinity  of  its  conftitution,  fo  does  it  affo  import  it  to  keep  dole  to 
tr-rh,  and  to  b? conduced  by  fobriety  to  the  fearch  and  fervicc  of  truth,,  leaft  while  it 
pcepes  into  the  fccretsofGod  to  fee  what  there  it,  (which  it  ought  onely  to  admire, 
fomenting  it  felf  wuh  what  God  has  revealed  as  its  boundary )  it  fall  into  a  phrenfy  and 
ravirgin  which  itlofesics  felf,  and  gives  too  juft  caufe  to  cenfure,  that  not  defire  to 
know,  as  knowledg  is  the  linage  of  God,  and  in  the  reftitude  and  fanctity  of  it  is  ufe- 
full  to  man  to  inform  him  of  his  duty  to  God,  his  neighbour  and  himfelf,  was  the  Mo- 
tive to  difquifition,  and  the  undrious  liquour  that  fed  the  Lamp  of  its  perfiftency,  but 
pride  and  facrilegious  ambition  to  exceed  others,  and  thereupon  to  brave  with,  and 
boaft  againft  them  .-  that  I  fay  thefc  werefinifter  propofes  of  their  minds,  which  kept 
them  in  this  frukleffe  toy  1.    Butitfollowes,  ' 

Sic  Legem  divinam  vos  r.oftejttdicamus,  dumfiitm,  charitatem,  &  tycm,  (acr amen- 
ta qmqxe  Ecslefis,  ae  Dei  mandata  nes  intelltgere  fent'umus,  cetera  TheoUgia  mj- 
fieria  Eccltfia  prafidcntibus  reiinqnentcs. 

This  is  added  to  fhew.  that  ail  men  in  the  Church  called  Chriftians,  as  they have 
noralike  in  place  and  office,  fo  have  not  like  endowments,  nor  ought  neceffarily  to  be 
like  knowing  and  fcientifique.  All  men  without  doubt  th«t  believe  there  is  a  God, 
and  are  baptized  into  the  name  of  Christ,  and  have  refigncd  up  themfelves  by  Baptif- 
mal  vow  to  be  God's,  in  knowing  his  will  that  they  may  do  it,  and  deny  all  ungodly-  ! 
neffe  contrary  to,  and  mconfiftent  with  it.  I  fay  ail  Chriftians  within  the  Pale  of  the. 
Church  and  Cruet  fignati,  are  without  difpute  to  know  the  Elements,  Principles,  and 
Fundamental*  of  Religion,  which  (  though  all  may  not )  yet  are  chiefly  and  in  therr  vi- 
▼:dlt  rcprefentation  brought  in  here  under  the  ternary,  that  St.  Paul  makes  the  fum  of. 

r  •:  all 


\i6        A  Commentary  upon  Fortescue. 

fHts.!fu.&  ch*  all  Religion  t  Faith  in  God  as,  He  it,  and  is  a  rewarder  of  all  that  feek,him,  as  aS  the 
\hZlu'*.Vf"'p'r'i'i  promifesofGodareinChriftfefus,yeaandAmen.  As  it is the  evidence  of  things  not  feen % 
nmtnrefu,  fic-t  and  the  fubslance  if  things  hoped  for.  Love  to  God  for  his  own  fake,  as  the  infinite,  e- 
dJn'"in miL^'a  terhal  good,  and  to  men  for  God's  fake,  fincc  he  that  lores  not  his  Brother  whom  he 
fpti.in  vi'mmm  hath  feen,  cannct  love  God  Vehom  he  hath  not  feen  ,  and  hope,  as  the  foul's  Anchor, 
'>•'»">■  "°p^  that  keeps  the  heart  from  breaking  of  from  God  by  temptation  or  defpair,  and  knits  It 
'jHru'priU.  tu.  $.  t0  him  according  to  that  of  King  Dauid,  I  had  vcryly  fainted  in  my  afflitlion,  but  that 
t>  »«•  ihopedtofeethegoodneffe  of  the  Lord  in  the ■  Land  of  the  living.     I  fay,  thefc  graces  as  the 

principles  of  adhacfion  to  God,  difcretion  and  religion  towards  men,  fupport  and  com- 
fort to  a  man's  own  foul,   ought  to  be  the  ftudy,  and  diligent  intentneffe  of every  man 
to  get,notonely  to  talk,  and  in  the  notion  and  fuperficiality  of  their  apprehenfion  to 
underftand,  but  plenanly  and  affectionately  to  know  that  they  may  apply  the  comforts 
of  them  to  their  fouls  •,   for  Theology  being  an  affective  and  pra&ique  fcience,  is  then 
onely  rightly  known,  when 'tis  applycd  in  the  comfort  and  practice  of  thofe  excellent 
graces  it  fpeculates  and  profefles.    Then  we  know  and  underftand  what  faith  is,  when 
we  live  not  by  fenfe,  not  by  the  impulfes  of  putid  reafon,  but  as  feeing  him  that  is  invi- 
fik/e,  as  having  aft  eyetoChrift  theprefidentoffan&ity,  who  calls  us  in  our  defires 
$»id  mtinnit  and  delights  from  this  world,  in  which  we  are  but  ftrangers  and  pilgrims  toourCoun- 
iZtf/d'efflZdn  try  above.the  Inheritance  amongft  the  Saints  in  Iigh\Then  we  hope  upon  good  grounds, 
mu*', amfnhm.  when  our  Confcience  witnefles  with  God's  Spirit ,    that  we  are  God's  purchafe, 
Zt  xmmenfty,,,    an(j  chereupori  may  expect  and  hope  for  his  promife :  that  we  are  thofe  that  live  toGod 
ifftm  dtmqHt  *    and  having  this  hope  tn  ns,  purine  our  /elves  as  he  is  pure.     Then  we  love  God  as  we 
tfrmtdfrnvAftifii.  ought,  when  his  love  {bed  abroad  in  our  heart s,  makes  u*  love  all  his  Commandments  bj  * 
"miAmw-   keeping  them,  and  nst  thinking  them  grievous,,  all  hu  Servants  for  his  liksneffe  in  them 
chdh.  s*n(fm       and  love  towards  them,  aU  his  Ordinances  for  his  imprejfe  upon  and glory  from  them.    For 
"Tcil™"'  though  the  f  choles  and  after  them  the  wits  of  men  may  diftinguifh  Praceptum  and 
T««;<4  ?<m  T>«.  M-wdatum,  making  thofe  onel]  Precepts,  which  God  by  himftlf  commanded,  and  thofe 
■m  per  ftiffrm.      Commandments  which  by  others  he  gives  to  his  people  :   and  hold  themfelves  obliged  to 
Z1^tnlltC\-  know  and  pracVue  the  former  when  they  difpertfe  with  the  latter,  which  furely  is  of 
<pm.pnm*ftc>m    equal  Authority  ;  and  fo  our  Lord  faith,  He  that  heareth  you,  heareth  me,  and  he  that. 
«t  ^Tc™w.     d'tfifethjo*  defpifeth  me :  though  I  fay  thefe  partialityes  and  baitings  in  duty  to  God, 
according  to  the  meafure  of  our  tnlightning,'  may  hurry  fome  unliable  minds  into  Pre- 
cipices in  which  they  will  finde  no  Comfort.     Yet  thi* is,  Mandata  Dei  intelligere  - 
when  the  intellect  officiates  in  order  to  practical  piety  and  devout  zeal,  when  it  puts 
a  man  not  fo  much  upon  Myriads  ofaccumulated  notions,  and  ingenuous  fpcculations 
as  upon  the  one  thing  that  is  neceflary,  parting  with  all  we  have  and  are  for  God, 
counting  all  our  parts  but  as  filthy  rags  and  proftituted  loathfomnefles  in  comparifon 
of  his  glory.     Indeed  if  a  Chnftian  reaches  but  thisnotej  he  hath  voice  enough  to 
beg  heaven  with,  and  obtain  it  by,  no  need  of  the  vaft  learning,  fubtle  arguments 
quaint  {trains  of  feraphique  Philofophers,  and  potent  Orators ;  thefe  graces  in  truth 
will  bring  heaven  down  into  the  foul  of  their  PofTeflors,  and  carry  their  Potfe/Tors  into 
the  ManfionsChrifthas  purchafed  and  prepared,  which  if  fo  they  will  in  a  competent 
meafure  enworthy  us  for  the  right  ufe  of  the  facraments  of  the  Church,  which,  they 
onely  know  comfortably,  who  live  in  faith,  hope  and  charity  .-  for'fuppofe  a  man  could 
difcourfe  of  the  Sacraments  not  of,  but  rather  in  the  Church  ( for  the  two,  Baprifm  and 
the  Lords  Supper  are  Cbrift'scacramerts,  inftituted  for  the  Churches  edification) 
Tom.i.  p.np.    though  BarcniHs  tells  us  the    Apoftolique  times  exprefted  fome. other  things  by  the 
term  Sacrament, the  other  five  being  the  Romi/Ij  Churches,  fhal!  be  no  part  of  my  Dif- 


Bellarminus  lib. 


ds  saeniuenri'i  courfe.)     Suppofe,  I  fay,  a  man  could  difpute  and  write  of  them,    as  never  man  did, 


<u  j-fttfc  c.  s.     make  men  fomerimes  favourites  here,  but  g  ace  onely  is  the  objeft  o'f  Acceptation  with 


The  Au:hot's  ap-  God  :    Be,  O  my  foy.L  a  nod  Chriflian  in  the  hlyncfe  of  an  humble  life,    and  live  up  to 

plication  [O  him-      j     ,        ,    r    i       J       -r       ,'  J      ■         i      r  ir    r    i \       r  ■  r.  •    n      t       '- 

Ccif.  the  b'wi  of  thy  B«fiifKal  vo\\>,  examine  thj  ielf*f  thy  Jincenty,  rcfolve  agatnft  that  /in 

Which  makes  andc.ntinues  thee  unworthy  of  the  body  and  blood  of  thy  Saviour  in  the  Sacra- 
mer.tt  and  thou  haft  learning  enough  to  make  the  happy,  and  out-Jlsine  all  this  worlds  Luci- 
feiTSj  thou /bah  not  need  to  envy  the  greatrft  parts,  irthe  graveft  years,  er  the  goodly  eft- 
growth 


^Commentary  ufon  Fortes  cue. 

growth  of  learningi  ffkndor.,  thou  haft  alt  in  thy  unfeigned  devotion,   And  in  thy  firmer 
affiance  in  God  for  the  reward  and  inter pretAtton  of  it. 

Cater  a  TheoUgia  mjfteria  Ecclefu  prefidentibus  relinjucntes,  &c. 

This  is  fubjoyned,to  teach  us,  that  there  are  many  things  in  knowledge  sppendicious, 
and  exploratory  of  compleatnefs,  which  are  not  fundamental,  andrequifue  abfolutely 
to  make  us  fecure  from  the  wrath  to  come.  God,  as  he  has  not  made  all  men  of  one 
mould  and  ftature,  ofonelikenefs  and  capacity,  fo  has  he  not  in  his  Wifdom  and  Ju- 
fuce  appointed  one  and  the  fame  proportion  of  parts  to  be  in  all  men  ■  nor  will  he  judge 
all  men  according  to  one  and  the  fame  exprefllon  of  themfelves.  Indeed,  the  chief  ex. 
trinfique  Wheel  of  Faith  is  Sciencc,which  through  perfwafion  blefled  by  God,vtoi  ks  the 
foulintoafubraiffiontoGod  -,  but  God  alone  is  the  frrft  mover, » and  the  intern  caufe 
of  our  motion  towards  him-,  and  therefore  there  needs  nothing  to  our  fecurity  ,  be- 
yond our  humility  before  God,our  Cneerity  to  God.  This  will  avail  for  our  happynefs, 
as  much  as  we  fhall  need ;  yet  are  there  accomplifhments,  which  men  in  place  and  ex- 
traordinarily gifted  attain  to,  which  are  not  onely  Ornaments  to  them,  but  influences 
of  good  to  others.  The  Church  of  God  has  her  guSH,  and  her  pvrri&ct,  as  weli  as  any 
other  fociety  of  men,  and  the  Bifbvps  and  Govemours  of  her  are  the  proper  Orac'ts  of 
them  5  men  of  years,  learning,  piety  as  they  are  and  ought  to  be,  are  the  p.obableit 
to  know,  and  the  meeteft  to  handle  thofc  facred  Rites,  and  renowned  Myftenes,  wh.ch 
are  then  perverted  and  diftorted,  when  the  difcourfe  of  ignorant  and  impudent  men  ■, 
wherefore  Antiquity  ( to  make  Religion  venerable  with,  and  influential  on  the  peo- 
ple)kept  the  plebs  at  a  diftance  from  the  f  ght  and  audience  of  the  myftenes  of  Religion, 
pus-tie**  **?<*  7B  t«  dniorlttf,  &C.  becaufe  the  hearers  ofthim  were  by  the  Law  of  their 
constitution,  to  fhut  their  monthes,  anito  tell  what  the]  heard  to  no  man.  Of  all  the  Reli- 
gious Rites  and  Myfteries,  none  were  among  the  Heathen  like  the  Ehufinian  ones ■, 
thofe  were  fo  ferioui  and  folemn,that  none  who  were  aotfacris  mtutijrttit  to  be  pre- 
fent  at  them,  and  while  they  were  pi'tcu,  which  was  a  twelve  moneth,  for  their  proba- 
tion, they  were  kept  at  diftance-,  after  that,  they  were  admitted  to  the  greater  my- 
fteries,!ind  were  called  \Ttti$<u;  to  which  Saint  Pfwalludej,2  Pet  a.  \6.  but  werccji- 
witneffes  of  his  Majefiy  :  yea,  fo  much  further  reverence  were  thefe  iitifieu  en  joyned, 
that  they  had  an  oatt i  given  them,  not  to  reveal  any  of  the  great  myfteries  to  the 
•tfxuVJoi,  thofe  that  were  but  entred.  Thefe  devoted  to  the  fervice  of  Ceres  and  Profer- 
pina,  Cieoro  alludes  to,  when  be  enjoyns  the  Orator  to  conceal 
what  his  Clyent  has  committed  to  his  fecrecy,as  if  it  were  a  mylte- 
ry.  Of  thefe  myfteries,  Alexander  ab  Alexand.  Agellius,  f»[. 
Capittlinus,  %/Llius  Lampridius ,  Ammianns  Atarcellinus,  Xi~ 
fhilinns  in  Efitom.  Dionit,  p.  3  5 <5.  In  Adrian, Herodian,  lib.  J.  p. 
527.  and  particularly  Lilius  Gjraldus ,  thefe,  and  multitudes  of 
o:her  Authours ,  have  written  of  the  trafh  and  trumpery  of  thefe 
devotions ;  which  here  to  mention,were  to  abufe  the  Reader,  and 
to  mifufe  time.  The  myfteries  of  Chriftianity  are  no  fuch  filent 
nothings  -,  God  has  indeed  committed  to  his  Church- men,  the  Ora- 
cles of  God,  the  Word  of  Reconciliation  ■,  and  the  Church,  as  the 
.Spoufe  of  Chrift,  is  to  be  conduced  in  her  march  towards  Heaven, 
by  thefe  Prafidentes  Ecclefia,  who  are  Guard  to  her,  which  is  a 
City  by  them  watched,the  Spoufe  of  Chrift  by  them  adorned,  thejhecp  of 
Chrift  by  tbem  fed ,  as  Saint  Bernard  notably  -,  and  therefore  it  be- 
ing their  duty  and  office,  ornarefponfum  nonfpoliare,  To  adorn,  not 
rob  ,  to  keep,nrt  ruine -,  to  injlitnte,  not  proilitute  the  Church  ;  God  has 
given  them  p'.wer  fuitable  to  their  tmft.  They  are  now  lifted  up  above  the  meaner  de- 
grees of  men  facrated  to  God,  and  are  made  Watch-  men  and  Overfeers  of  their  Spirit 
tualities:and  theprefidency  Godhasinvcfted  them  with,  being  for  edification,  not 
deftruftion,  defcrves  from  them  double  honour,  who  b?  their  care  and  conduft  are 
kept  from  wander  and  errour  ;  yea  fed  with  the  fir.cei  c  milk  of  the  Word.and  tnay,and 
ought  to  grow  fpiritually  thereby.  Though  then  all  men  are  bound  to  know  the  things 
of  God  which  arerevealed  inhisWord.as  matter  of  their  duty,  and  which  by  reafon 
of  God's  poflulation  of  them,  he  has  given  them  poflibility  ,  and  convenient  helps -,  to 

E  e  2  ihcir 


127 


Fides  prniiur    fr 
nmriXKr  perpten. 
it*m   extrtajeci 
tamum  ferjut- 

Thom  i .  past. 


SuidaJ  in  vtrtt 


Tamum   ur.qtiam  myfterium  Untrt  »bq*U. 
i.  De  Ota'tor.    Ad  Attic,  lib.  4. 17. 

hi  Alcv.ind.  3;vet  p.  »t).  lib.  19.  f.  I«4- 
0*411.407. 


Jit  Symbol. 
Sileiuilim  , 
Syatag.  17. 


Pyihigotic 
&  f.  4U. 


f.  491.    Tirul* 
Hiflor.  Dcotuia 


Civitu  eft  Ecelefid,  vigiUti  *d  cuflididmi. 
ftonfa.  eft.  fndeu  orrtatui  ;  evet  f*nt,  inten^ 
diittimtjlH!.  Senn.  76.  i» Canti*. 7. 


Seim.  77. 


128 


(*)Lib.l.c*p.i. 
Sum.  Ecctef. 
(4)/iiPril$t.Qij. 
2.Difput.t  f  ji  j. 
(c;Tr*B. FctriDc 
P alude,  Da  can  - 
fa  immediata  - 
EccleG  Potefta- 
tis. 

Darandus  Epifc. 

Mddenlis,  lit. 

Dc  Orig.]u:il'di- 

fltn  m,   an. j. 

De  potcH  Epi- 

fcopomm. 

Tom.i.Annal  p. 

4I(.4»7'4»*. 

J«7- 

S*n8iu   Cypiia 

nus  dpxd  Baioiii 

f.U». 


;£  Cemmentary  tfpotf  Fortiscue. 

their  indo&rination,  fuch  as  arc  the  grounds  of  Faith,  the  Law  of  Converfation,  the 
Infticutions  of  Chriftianity, which  are  all  couched  in  thofe  words,  Dumfidem,  iharit*- 
tern,  &  ffem,  Sacrament  a  quoquc  Etch  fit :  Yet  are  thofe  whom  he  hath  made  his  Am- 
baSfadours  and  workers  together  with  him,  fecondary  Apoflks,  not  Stinted  to  this  pro- 
portion.   There  arc CateraTheohgU  Mjfteria   to  be  ftudied,  and  underftood  by 
them,  over  and  above  thofe  mere  necejfaria,  which   o:her  Chrifthns  are  obliged  to. 
They  are  to  be  fait  and  light,  furniShed  with  greater  proportions  of  illumination  and 
difcretion,  then  the  people  arc  ;    becaufe  the  people  are  to  enquire  the  Law  at  the 
Prieft's  Lips,  therefore  God  has  promi fed  thofe ,f/>f«V /*^yJ/i#  pnftrve  knew/edge,  and 
chiefly  fure,that  knowledge  that  is  peculiar  to  their  Calling.     1  or  though  it  be  com- 
mendable in  Divines  to  know  every  part  of  Science,  and  the  more  accomplished  they 
arc  in  the  univerfality  of  their  reading,  the  probabler  they  are  to  Shew  themfelves 
Work  -men  that  need  not  to  be  a Shamed:  yet  for  them  that  are  in  Holy  Orders,  Ca- 
tkoliquelj,  ApoftolicaHj  ,Canenitjuelj  ordained,  for  thefe  to  be  Gdiahi  ar.d  Apcllos's  in 
other  skills,  ar.d  rude  and  unftrenuous  in  Divinity ,  for  them  to  know  lealt  in  that 
which  they  profefs,  and  by  reafon  of  which  they  have  care  of  fouls  in  the  Church,is  ve- 
ry much  a  blemiSh,  and  I  had  almoft  faid,  a  Blafphemy  :  Sure  I  am ,  'us  a  botch  and 
fpor,  which  is  not  the  fpot  of  God's  people  in  the  Priefthood. 

Whether  then  the  Preftdentes  Ecelepa  be  here  meant  largely,  for  fuch  as  are  in  the 
Order  of  Evangel: que  PrieBh:od ,  which  (a)  Turrecremata  affirms  to  be  instituted  by 
Chrift  in  hisHoly  Supper, when  he  himfelf  Priefted  all  hisApoftIes:whence(^)^»*e»i'*<', 
out  of  Saint  {c)Chrjfoftome  ,as  he  alleadges  him,calls  them  Vuarios  Chrifli,  immo  ipfunt" 
Chriflum  ;  and  out  of  others,  Sacer  dotes  Dees  qtwfdam  efle  inter  homines,  &c.  Or  for 
the  Fathers  of  the  Church,  the  Epifcopal  Order,  which  he  fays  Chrift  inftituted,  when 
he  confecrated  Saint  Peter,  and  in  him,  all  his  Succeflburs  in  that  SHperiour  Order.  Or 
if  not  fo  ordered,  yet  of  Apoflolique  Origin,  and  Catholiqut  approbation,  as  is  evident  in 
all  the  Hiftories  of  the  Church,  which  do  unanimoufly  give  teftimony  to  Epifcopal  fu- 
rifdiition  and  prehemintnee.  1  fay,  whether  the  Text  be  underftood  in  the  lax  fenfe,  or 
rather  in  this  more  prefs  one,  for  Governours  in  the  Church,(cal!ed  by  the  Statute  of 
the  i  j.  oiElU.  C  iz.thc  B'tfhop  or  GtiArdianofthe  Spiritualities  :  by  the  8.  of  £//>.' 
c.  i.  the  State  of  the  Clergj,  one  of  the  greateft  States  of  this  Realm,  Arch-  Bijh< pi  and 
Bijhofs ;  who  by  reafon  of  their  dignity,deferts,and  influence,are  termed  the  Church ; 
and  fo  alfo  are  expreiTed  in  the  Statute  of  25  Hen.  8.  e.  2 1  and  which  Baronius  tells  us 
the  honourable  account  this  Order  had,being  early  after  Chrift  called  Apoftles,  which 
perhaps  Saint  Cyprian  might  allude  to  in  thefe  words,  Vnde  fcire  debes  Epifcopum  in 
Ecclefaifi,  &  Ecclefia  in  Epifcopum.)  The  Rule  is  very  good  5  that  the  more  co- 
pious and  curious  knowledge  of  Religion  is  proper  and  peculiar  to  them  to  know,  that 
they  may  be  able  Miniftersof  the  New  Teftament,  and  be  meet  to  every  Ministerial 
purpofc. 

Quart  Domintts  D'tfcipulis  fuis  dicit.  Vobis  datum  efi  nojfe  mjflerium  regni  celorunt, 
cattris  antem  in  Parabolis,  ut  videntes  non  videant. 


This  Scripture,  in  Afart^  iv.  1  r.  comes  in  patly  to  confirm  the  proportion  -,  God's 
Minifters,  Bifhops  and  Presbyters  prefiding  in  the  Church,are  to  know  the  myfteries  of 
Religion  beyond  the   proportion   of  other    men  :  Why  ?     be- 
caufe they  are  fet  apart  to  that  work :  how  ?    by  God   fpecially 
qualified  to  fuch  accomplishment ,  not  as  men,  for  fo  they  partake 
in  common  with  others,  and  are  more  or  lefs  apt.as  they  are  more 
or  lefs  endowed  with  natural  parts,  and  noble  acquisitions;  but  as 
they  are  hareditarii  Chrifii  Apofldi,  as  they  are  let  apart  to  God, % 
and  have  renounced  this  World ;    fo  they  feem  to  be  entitulcd  to 
greater  proportions  of  illumination,  even   by  virtue  of  this  Scri- 
pture ,  which  though  fpoken  to  the  Apoftles  on  a  particular  occa- 
sion,   yet  has  akindofpromifforybenediftionin  it,  which   is  de- 
scendible on    all    the  fucceffions  of  men  in  the  Winiitry  of  the 
Church.    And  becaufe  this  Scripture  is  alleadged  here  fo  pertinently,  and   carryes  So 
much   of  the  pregnancy  of  divine  reafon  in  it ,    I  fhall  tajte  leave  to  touch  upon 

the 


Eruditio&  Scientist  Pontificis 
in  Ecclefta  Evangclica ,  tanta 
ejfe  debet,  ut  &  grefus  ejus  & 
motus,  &  m  anus, it  em. digit  i,  & 
univerfa  partes  corporis  vacates 
fint  ita,  ut.  verltatem  mente 
concipiens  ,  &  tcte  earn  habit tt 
refnet  &  omatu  ,  Benzonius 
in  Pfal.  86.  queft.  17.  p.  348. 


A  Commentary  upon  Fortes gue.  up 

the  particulars  of  it  fo  far,  as  they  illuftrate  the  purpofe  of  our  Text-Mafter. 
6     'T/Jl*  T«]ou^\  whi  Vntrc  they  ?  noc  the  o^a.©-  m\v  ( the  multitude  fpoken  of  v.  i .  who 
fate  on  the  Sea  iide  to  heare  him,  and  to  whom  he  taught  L»  c^ComJ,-  wb>a*\  many 
things  by  parable,  v.  2.  but  the  CpSi  refers  to  the  tenth  verfe  ,  when  he  (aid  when  he 
was  alone  hi  <&*  ium  <t\^  t»7j  A)<ft  w,  thofe  that  were  about  him  with  the"twelve  ;  That 
is,  fome  candidate  Difcipics  that  had  given  Teftimony  of  their  extraordinary  fincerity,   Hoc  anum 
in  refigning  thcmfelves  up  to  our  lord  •  Thefe  with  the  twelve  t\  poftles,who  were  of  mti  ivjir , 
our  Lords  family, "and  flood  dayly  before  hiro,his  Reverend  Privy  Chamber-men,  who  veteres  tx- 
haddaylyaccefsto,  and  scceptation  with  him -,  to  thefe  is  the  Cfiut  intended,  for  thefe  plicarunt/jw 
being  the  perfons  that  tooka  welcome  confidence  to  feek  folution  of  their  doubts  from  Smrtu  iv")* 
his  Infallibility,  he  a  (fures  this  Priviledge  to  of  knowing  plainly  what  others  doe  but  in  laxiore  notio- 
ftiadowes,darkly  and  imperfectly.  •      nt.  Grot,  in 

aUtsi]  It  is  given, 'T\s  not  gotten  by  your  Induftryjnordeferved  by  your  Ex-  Mar.iv.n. 
cellency,  nor  pur  chafed  by  your  Wealth,  but  given-,  God  beftowes  his  largefTes  as 
fruits  oi  his  Bounty,  and  tokens  of  his  Munificence,  and  his  word  to  leflbn  us  humility 
phrafes  all  our  receivings  as  matter  of  grace  and  gift,  the  gift  of  God  is  eternal  life-,  fo 
God  hved  the  Word,  that  he  gave  his  ontly  begotten  Sen.,  if  thou  kniweft  the  gift  of  John's'"! 
God;  1 vill  give  you  Mother  Comforter  ;  he  will  give  the  Holy  Spirit  to  them  that  ask.  Luke  "■  »». 
it;    it  is  GOD  thatworkethinus  bethtowiS,  and  to  do  of his  goodplcafnre  j  and  eve-    ]am  V.17. 
ry  good  gift ,  and  every  perf ell  gift  cometh  from  above.     Thefe  are  the  Scripture  phra- 
fes, and  in  this  tone  docs  our  Lord  convey  the  impartment  of  his  Indulgence  to  his  Di- 
fciples  above  others  •,  To  you 'tis  given,  freely  without  your  merit,  fully  without  his 
rcftraint. 

Tiuvat  To  knfw,"]  not  onely  to  heare  and  to  fee.by  which  two  fenfes  the  intellect  has 
great  additions  5  but  yrStmt,  as  much  as  «eW,to  judge  and dikern,  which  is  the  know- 
ledge of  a  praftick  underftanding,  and  a  difcreet  judgment,  to  know  fo  as  to  be  able 
to  make  others  know  our  knowledge,  to  know  with  affurance  and  demonftration 
far  beyond  the  reach  and  certainty  of  pure  rational  Evidence  •,  this  the  knowledge 
of  Faith,  the  Evidence  of  things  not  feen,  is  that  which  is  the  ytatau  here,  Chrift  had 
wrought  faith  in  their  hearts  which  drew  the  from  them  world  to  the  love  and  relyance 
on  him  j  and  he  tells  them  that  they  had  received  an  ample  reward  for  their  fervice,  to 
wit,  the  gift  to  kjnVr  the  myftery  of  the  Kingdome  of  Heaven. 

Ti  fj.viri(j*ii  -nn  B<L<n>  fittf  <nS  9u  {]  The  mj fiery  of  the  Kingdom  e/GW,that  is  a  fingular 
expreffion  to  a  plural  ftnfe  ^  the  knowledge  of  the  Apoftles  was  of  all  the  neccflary 
matters  tcftheir  comfort  and  compleatnefs,  God  is  one  and  all  that  is  knowable  of  him, 
he  teaches  his  the  myftery  of;  Thus  complex  is  the  word  ti  ^vTwat  Rom.  xi.25. 
1  would  not  Brethren  that  jott  Jhould  be  ignorant  of  this  My  fiery,  fo  1  Cor.  ii.  v.  7.  We- 
fpeakjht  wlfdome  of  God  in  a  Myftery,  Ephef.  iii.  4.  whereby  whin  ye  read,  ye  may  un-  ' 
derfiand  mj  knowledge  in  the  My  fiery  of  Chrift.  Coloff.  ii.  2.  unto  all  the  riches  of  the  full 
affurance  of  underftanding,  u{  iirryvvm*  «^v«ei'««@5»,  to  the  acknowledgment  of  the 
MjfterjcfGod,  to  you  'tis  given  to  know  the  Myftery  ,  that  is,  God  calls  you  in- 
to the  Mount  to  aclofeviewof  him,  when  others  fee  in  dark  and  uncertain  propor- 
tions, and  through  thick  cloathings  of  Divine  Glory  interpofing  between  them  and 
their  feeings.  When  they  heare  but  part,  and  not  the  full  mind  of  God  in  the  latitude 
of  an  affectionate  bounty :  ye  ftiall  know  the  Myftery  of  the  Kingdome  of  God,  Non 
communicandmn  prophan-s,  faith  Erafmus,  in  the  Sacramental  efficacy  of  it,  ye  fhall  have  '"  M»u-  »•" 
the  Kirgdomeof  God  in  the  graces  of  yoai  hearts  ■,  which  fhall  by  a  Myftery  of  Ioyc 
and  goodnefle  change  and  refine  you. 

Toif  <f*  s|»  But  t< -th~fe  without  3  This  alludes  to  the  people  and  plebs  of  followers, 
fo  is  7o7«  &£»,  taken,  i  Cor.  v.  1 2,  1 $.  C </.  iv.  v  '  Tbrff.  iv.  1 2.  a»d  fo  Grotins  fayes, 
St.  Clement,  and  the  Ancient  (  h-iflians  held  all  that  were  not  profeffed  Difciples  who  lnU" 
heard  C hrift  non  difcends.  pinati:  unimo,  to  profit  by  his  Doftrin.and  to  be  in  a  Confor- 
mity to  it,  but  as  the  Athenians  are  fayd  to  fpend  their  time,  AUsxv'u.  21.  In  hearing 
and  telling  newes  •  Thefe  who  are  only  eye  ft  rvants,  and  hearers  for  fafhion  fake, 
whom  the  loaves  and  the  miracles,  and  the  fublimiry  of  our  Lords  Divinity.made  to  fol- 
low him  as  a  fatisfaftion  of  their  curiofity.  neccflity,  or  fuchlike  felf gratification,  fuch 
who  were  touched  with  no  zeale,  inflam'd  with  no  ardor,  ballaftedwuh  no  judgment 
in  their  following  of  him ;  our  Lord  feeds  only  with  the  Crumbs,  fomewhat  thefe  dogs 

of 


ij©  /4  Commentary  upon  Fortescue. 

of  the  Flock  muft  have  from  the  Lords  bounty,  and  that  they  have,  is  but  hard  food., 
which  has  fuch  an  Incruftation  in  it  as  the  power  ot  nature  will  hardly  break  thorough.  , 
'tr  m&lloKcufrTa  wdtf]*,  yin-mi,"}  AH  things  are  propounded  in  Parables,  that  is  , 
whereas  Chrift  to  his  Family  fpeaks  familiarly,    though  he    fhew  thefc  his  followers 
and  as  it  were  fellow- A rabafTadors,   all  the  Treafures  of  his  Wifdom  and  Knowledge 
'it  fiirtut     though  he  make  them  privy  to  all  his  fecrets,  and  give  them  the  Key  of  hisCabinet, 
mf^^Kcuf,    in  vvhich  are  lock'd  up  bis  Receipts  and  Prefcripts    for  pleafing  God,  and  following  him 
»"'/'«r/««*C*  accurately  and  acceptably,    though  thefe  patefaftions  of  the  myftery  of  his  Eudochy 
Gtot>mu,.    '  be  the  Childrens  bread  j  yet  to  thofe  that  are  without,  all  that  he  difcovers  to  them,  is 

onely  in  Parables. 
n«©tga^  Now  Parables  were  dark  and  myfterio  us  fpeeches,  which  in  few  words  carryed  large 

hiyottuiiy^  fenfes,  and  truly  profitable ;  antiently  thefe  were  much  in  ufe ,  my-fchh,  MyHiut  *?- 
mv»f»^     $  x**"*  tiyw,  a  Parable  is  the  explication  of  words  of  Antiquity,  the  difcovery  of  what 
xiKfvu(t.it@-   wifdom  in  the  beginning  of  time  thought.     Sampfin  in  Holy  Writ,  is  firft  thatlre- 
vfif  tiziKH**  member  mentioned  to  ufe  them,  Judg.   xiv.    12.  I  will  noV?  put  forth  a  Riddle  to  you, 
f  ifar.Suidas  faith  he,  «j#i3*Ma>  ii  w^ffAwf**  p* ,  '  /  will    deliver  my  dark  [tying  to  you.     So  the 
in  vtrbo.        ^xxr  Heft,  nyn,  comes  from  "^H  to  fpeak  fmartly  and  myftkally,  as  we  ufe  to  fay, 
with  a  guard  upon  our  words  ;  and  the  learned  make  it  fynomous  with  "H^,  to  fpeak 
acutely,  and  with  all  the  dexterity  that  oratorious  emphatiquenefs  can  advance  to  and 
arrive   at.     This  form  of  Speech,  God  not  onely  in  nature  taught  man,  but  ex- 
prefl.y  and  by  the  pofitivity  of  a  command.put  the  Prophet  E<.tth.  uponufing,  lor  in  the 
1 7.of  his  prophecy  ,v,z.God  kids  him  put  forth  to  the  Son  of  man  a  Riddle ,  and  fpeah^a  Pa- 
rable tothe  hottfe  e/lfrael.where     '1}&,tofpcak.a  Parable  parabolically  ,is  read  oftner  by 
dominari,  and  xue«£'«i',  then  by  any  thing  of  a  foft  fenfe.    God  wOuld  have  his  Pro- 
phet fpeak  to  them  in  a  form  of  fpecch,  that  had  authority  and  ma  jefty  in  it,  that  could 
command  their  attention  and  obedience ,  like  thofe  words  of  our  Lord  in  the  Gofpel, 
which  were  by  his  Adverfaries  teftified  to  be  fytlten  with  Authority, and  not  at  the  Scribes. 
Hence  it  is,  that  learned  men  fay,  Adages,  Sentences.and  Parables,  which  Prmifatum 
infermonetenent,  none  ufed,  but  thofe  that  were  eminent,  and  far  above  the  vulgar. 
»     Thus  our  Lord  Jefus  here  ufes  Parables,  townvey  to  the  few?,  what  he  faw  they  were 
capable  of,  and  fitted  to  improve.     He  knew  they  were  a  rough  and   fierce  people, 
whofe  ingratitude  had  obliterated  all  the  memorials  of  mercy,   and  that  divine  favour 
.  had  not  bettered  them  ,  but  yet  they  were  fctlednpon  their  lees,  and  were  under  aeon- 
firmed  obduration-,  and  therefore,  though  he  could  not  but  propofe  his  love  and 
light  to  them  anew,  and  ufher  it  into  their  acceptance,  with  all  advantages  of  probable 
llli  TM<Wii  Mi  fucccfs;   yct  °e  fore- faw' their  obftinacy  would  reproach  his  goodnefs,  and  thereupon 
Hietonimum      he  reveals  himfelf  to  them  in  parables-,    to  tell  us  that  whatever  God  conceals  of 
De  a  R«*J.0e   n'mfe'f  fr°m  us,  >s  i°  condefcenfion  to  our  weaknefs,and  in  punifhment  of  our  wanton- 
Mr/:  bom  i,     nefs.    For  if  there  be  any  Scalade  to  the  fecrets  of  God,  'tis  that  of  humility  and  holy 
pfiimis,  frfinfi-  fear-,  the  fecrets  tf  the  Lori  are  with  them  that  fear  him.     And  if  the  eyes  of  men  be 
p*i+.  im'p.Mi    Winded  judicially, 'tis  penal  of  their  Primitive  finful  choice-,  becaufe  they  would  not 
ttiii.Anno  i6t«.  fee  when  they  might,  God  has  concluded  them  under  a  Sentence  of  irreverfible  blind- 
nefs,  utvidentes  nonvideant.     So  dangerous  obftinacy,  againft  God's  conviftion  and 
approaches  to  us,  is,  that  it  is  juft  with  him  to  fuffer  us  not  to  know  at  all  the  things  of 
our  peace,  who  will  not  know  it  in  his  time,and  by  his  means,  and  according  to  his  pro- 
portioniwhich  they  do  not,chat  abound  in  their  own  fenfe,  and  limit  not  their  {ladies  to 
fobricty  ;  as  the  Apoftle  in  the  firft  of /t<w.  22.  and  12.  16.  cautions,  and  our  Text- 
Mafter  after  him. 

Sic  &  tibi,  Princeps,  neceftarium  non   erit  myfieria  legis  Anglia  tongo  difciplinatu  ri- 
tnare ,  fnfficict  tibi  ttt  in  Grammatica  tn  frofecifii ,  etiam  &  in  Itgibns  fro- 
ficias. 

Here  the  Chancellor  applyes  the  Premifes,and  makes  thePrince  to  apprehend  the  fub- 
ftanee  and  drift  of  them,  which  is, that  in  every  profefrion,the  exaft  and  utmoft  notions 
and  poffibilitics  of  Science,  are  not  foufually  the  labours  of  men  offortunc,and  fpecula- 
tive  pleafure,  as  of  Artifts  that  intend  to  live  by,and  to  be  exaft  in  them-,  and  shat  from 

their 


A  Commentary  upon  Fortes  cue.  151 

their  ptogrefs,  fix  a  reputation  and  advantage  to  themfelves  from  them:  So  in  know- 
ledge of  the  Law,  though  Lawyers  may  toil  and  travel  to  apprehend  every  nicity,  and 
take  view  of  every  punctilio  in  their  prefefiion  •,  yet  the  Prince  being  fo  great  a  Per- 
fona«e,  and  having  o:hers  in  fubfhtutioii  under  him,  to  judge  according  co  the  Laws, 
(hall  not  need  to  fearch  year-Books,vtew  Records, turn  over  l'refidents,  and  toil  in  the 
varieties  of  thefe  many  myfterious  nicities,  that's  not  neceflary,  nor  what  the  Chancel- 
lour  judges  correfpondent  to  his  dare  and  degree .  For  as  in  Grammar  a  man  may  be 
competently  learned,  fo  as  to  deferve  the  name  of  a  Grammarian,  though  he  be  not 
able  to  anfwer  the  nice  queftions  Tiberius  put  to  the  Grammarians  he  drlighted  in,  ^°"!u*  *" 
Qua  Mater  Hecubi  ,  &c.  who  was  the  Mother  cf  Hecuba,  of  what  account  Achil- 
les wa*  among  Virgins,  what  was  the  (ubjett  mattir  cf  the  Syrens 

notes.    Yea,  though  he  attain  not  to  the  exa&nefs  of  (a)  Chrjfe-     ( a )  Erotemata   Impr.  Pari/. 
loras,(b)  Lafcaris,  {c)Gaza,  (d)  Vrb anus,  (c)Cakond) 'las  Minn-     Calcondy las.  1547. 
tins,  or  other  later,  not  inferiour  to  the  beft  of  them,  becaufethe     (b)  J)e  tUopartibus  oratienis. 
exce'llency  of  their  knowledge,  was  rather  in  the  curiofities  and  ni-     (c)  IntroduUiones  Grammatic*. 
cities  of  words  and  fpeech,  then  in  the  neceflary  rules  which  are    BaGl,  1529. 
indifpenfably  to  be  known-,  and   therefore  thofe  that  know  the     (d)  InfiitutiontsGraca  Lingu*t 
*-p<u7w  re'x"*  ■™*  y^uu.<i\imt  7*Xvn<->  and  make  a  right   ufe  of    Bafil.//»p./wSebaftianum  hen- 
them  to  all  the  four  parts  of  Grammar,    and  the  ifllies  from  them,     ric.  Petri, 
may  with  credit  enough  to  themfelves,  and  benefit  toothers,  reft     (e)  Inftit.  Grant,  edit  Wolma- 
contented  in  their  acquirements :    So  in  the  Law,   though   the    rii  Bafilear. 
Prince  be  not  a  Littleton,  aCc^,  iVjer,  a  Plowden,  yet  if  he  be 
but  acquainted  with  the  terms,language,  and  maxims  of  the  Law,  that  will  be  enough  to 
accomplish  him,  without  any  fur iher  travel  intoobftrufitiesofdifcouragement. 

Now  the  Chancellour  urges  Grammar- knowledge,  as  the  Intro- 
duction to  all  that  is  Technical  ■  fo  ^uintilian  terms  it,  and  he  adds,     Ars  cater  Arum  omnium  veluti 
That  unit fs  a  good  foundation  be  Lid  in  that,  all  after  -fuperftrnStures     font  &  origo,cujus  fundamen- 
ViH  tetter  and  fall;  and  judicious  {*)  Melantlhon  feconds  him,7"fo     turn    nifi  auis  fideliter  jeetrit, 
ether  Studies  fueceed  accord  ng  to  Grammars  tjroeixic  ;   for   Gram-     tuicejuid  fuperftruxtrit ,     cor* 
mar  being  not  wtU grounded  in.aU  other  Inftitutions  are  to  little  pur-     ry.et,  lib.  I.  c.  4.  Inftit. 
fofc;   and  the  ufe  of  it  being  taken,  tAffZ-m  r»/%«*  J)<ftl<rx.ctv,  to     (tflrafat.  Epift.adGrammat. 
teach  the  firfi  Elements:   thereby  it  becomes  neceflary  to  Youth,         Suidas  in  verbo. 
and  in  its  progrek  delightful  to  the  greateft  proficiencies   of  age,     Nectffarla  pueris,  pic  mid*  [e- 
prefcribing  the  method  of  reading    and  pronunciation,  of  under-     mbns,  dulcis  fecretorum  corr.es, 
ftanding  and  explication, of  diftinftion  and  emendation,of  judgment     &  ejue  velfota,  omnium  fiudie- 
and  difcrimination  •,  which  are  made  by  Varro ,    and  others  after     rnm   gtnere  plus  habct   art  is 
him,  the  parts  of  piadical  Grammar,  under  the  names  of  itiyvo-     quameftentatkni!,  Fab.  lib.  1. 
en,  iZ(i?n<rt<,imvitf»ri<,%l<",>  '  %>  c^e  Chancellour  produ-    c.4.  Inftitut.Orator. 
cingthU,  as  the  chief  ftrength  of  his  Argument,  makes  me  think  of 
that  of Tullj,  the  great  Maftcr  of  Language,    whom  ^nintjlian  calls  exaUtra^ptrri- 
mus,  fo  rigid  to  hii  Son,  in  keeping  him  to  the  pun&ualuies  of  Grammar  ,  and  not 
difpenling  with  any  omiflion  in  the  exa&nefs  of  it ,  becaufe  he  btrft  knew  the  ill  confe- 
quences  of  neglefts  in   it,  which  wife  Grammarians  are  by  Qtintili.-.n  inftrufted  to  ub.t.r.i.  mftit. 
avoid,  as  that  which  will  render  their  Schollars  little  creditor  comfort  to  them.  outot! 

Grammaticavcrt perfeclionem,  cjut  ex  Etjmokgu,Orthographia,  Profodia,  tf  Sy»~ 
taxi  tjuafi  ex  tjuatuor  fontibus  proflait,  non  fi.ee ietcnus  induifii,&  tamen  Gramma' 
ticafufficienter  eruditus  es , ilk  ut  merit 0  Grammaticus  denomineris. 

Thefe  words  are  a  reprefentation  of  Grammar,  as  a  Paradife  that  ii   encompafled 
with  a  four-fold  fountain  of  delight  and  variety,   as  God's  Eden  was  with  four  Rivers; 
the  firft  whereof  is  Orthography,  the  art  of 'writing  aright :   concerning  which,  Claudius  ^imiqui  mvi^t 
Vorftjuius  has  moll  ingenuoufly,  and  floridly  written  large  Books ,  and  mentions  57.  °"'"ir*^"'.  ' 
particular  Authours,  who  have  preceded  him  in  that  Argument.    That  which  1  (hall  iTnoujT"' 
add,  is,  that  ufe  and  cuftomeol  time"  and  men  famous  in  their  Arts  and    Ages,  is  the 
Standard  of  Re&itude  herein  :    For  in  eve  y  Age  and  Authour  almoft  is  ihere  fome-  If"^'^'' 
what  exempt  from  the  common  road,  which  yet  is  not  accounted  improper,  but  ob-  grapi,i£ 

tains 


V 


A  Commentary  upon  Fortes  cue. 


Vmm  Orihiftapti*  nnfutudini  fruit,  iiti 
tHifafinmtataifi.  lit-  t.t.j.  See.  ' 


Sjlburg.  Rudiment.  Grac.  lm$.  p.  1 1 

fin- 


*    t*i.  91, 1»,  4'.4J.  &C. 

LipC  De  refta  prominciatione  Lin-,  tat, 
adjinim  Vi!.  I.  Opcr. 
Ortht{rashiam,  id  tfi.  firmulam,  ratimimqui 
fenttndi  a  Cjram  natitis  inflitutam  mn  adit 
euflodiit,  at  vidttnr  fijui  friks  tfimmim, 
qui  ptrindt  frittndum  ac  h  jumdum  ixijh 
mint.     Suetonius  in  Oiiav.  c.   SI. 


(a)\.  AcaJcm 
4<.  lit.  t.  «.  4. 


^Ahi  enim  ZtjmittfU  tit,  ant  a'.lufn,  ant  at- 
Itpria,  ant  taiera  hujusmodi.  Brechxus  ad 
Ltjtm  its.  lit.  De  Veib  fig.f.  3»7-  Aleut. 
adltttm.  IIJ   p.  It'-. 

Mnimadvtrf,  in  Plutarchum  48,  49. 
Edit.  Pan!".  140,  t4'' 


obtains  by  the  ufers  fame,  and  the  favour  of  ufage,  an  adoption 
into  propriety,  and  an  enfranchisement  from  the  bondage  oleen-. 
Aire,  as  guintilian  grants,  and  as  by  the  pcrufal  and  comparing  of' 
Frifcian  And  other  ancient  (Jrammarians  with  latter  ones,  fre- 
quently appearcs  .-  for  as  fafhions  in  cloaths.and  cookery  of  meats, 
and  figures  of  building,  and  words  of  language,  change  with  men, 
as  their  humours  or  the  accidents  of  their  lives,  or  other  contin- 
gents rule  them  •,  fo  does  Orthography  alter,  that  being  practiced 
byoneage,  that  isdiftaftcd  by  another,  as*  Mtlanflhon in  many 
places  of  his  Grammar  makes  good,  and  as  bo.h  A  GcHius,  Lipfius, 
and  others  make  appear. 

Though  therefore  there  be  a  rule  in  Orthography,  which  *p  -A 

mhu,  be  to  be  ©bferved,  yet  where  it  is  capable  ofCorre&ion, 

and  Improvement,  the  nearer  writing  comes  to  the  tone  of  fpeech, 

the  more  proper  and  ufefull  feems  it  to  me  to  be,  nor  are,  as  I 

humbly  conceive,  the  omiflions  of  fuperfluous  vowels,  or  the  addition  of  Letters  fwper- 

numerary,  errors  or  beauties  in  writing. 

Etymologia,  ~\  As  Orthography  marfhals  Letters  into  words,  fo  Etymologie  pre- 
fents  the  true  Notion  or  Notation  of  Letters  in  their  word:  the  Latins  call  it  Vtrilo- 
qui  urn  ,   J0ub  verborum  explicatio  probatur,  &C    Etymology  the  Grctkj  all  the  Expli- 
cation or  the  rtafon,  Why  things  Are  called  fo  xt  thtj  are :  afcer  hirn,J£*i«fj//'d»(a )  fayes  the 
fame,  this,  Ariftotle  calls  evpfahot,  that  which  carryes  the  indka-  . 
tion  of  every  thing  in  it  •,  for  names  being  fignificative  of  Natures 
and  conform  to  fomewhat  Relative  to  that  they  are  called  by,  no 
better  a  Calculate  can  be  made  of  any  thing,  then  that,' which  is 
deducible  from  the  Notation  of  its  name.Though /?**/</*«  takes  up- 
on him  to  cenfure  Plutarch,  Varro,  and  other  exad  Grammarians 
upon  Etymologies  by  them  givott,  and  concludes  them  vain:  yet 
as  liutitut.,  tniiittoni  (Mv]JLfut.,  import  much  in  Crittiques,  fo  doth  Etymology  to,  which 
Carclns  Sigonius,  and  Beckman,  afllfted  by. all  florid  Suffrages  make  good ■,  for  though 
I  know  that  Etymologies  are  not  alwayes  to  be  depended  upon>  but  that  fometimes 
the  uncertain  tye  of  them  occafions  lofle  of  truth,  as  well  as  of  fmartnefle  of  Notion, 
jet  for  the  moft  part  whatever  is  difcoverable  either  from  the  Gretkj  or  latter  Hiftoriant 
concerning  places,  men,  Nations,  Citjes,  is  much  the  eft ell  of  Etymthgy.     This  is  Ety- 
mology in  the  general  and  large  capacity  of  the  word  ;  yet  in  Grammar,  Etymology  is 
taken  for  the  ratio  cognofcendi  cafuum  difcrimina,  having  relation  to  all  parts  of  fpeech 
and  fo  it  is  here  to  be  taken  as  onr  Chancellour  refers  it  to  Grammar,  and  makes  it  a 
part  of  it. 

The  third  part  of  Grammar  is  Syntax,  the  Concord  and  Regimental  Order  of  part-* 
of  fpeech,  whereby  they  are  made  to  coincide,  and  mix  together  in  the  harmony  of 
propriety  and  exaftnefTe,  Grammarians  define  it  to  be  the  fit  Connexion  and  abfolate  ■ 
comprehenftcn  of  perfect  ifcech ;  that  which  does  afferre  fermeni  venttftatem  gratiam^ut, 
gives  a  grace  and  Afajefiicjue  order  and  confent  to  fpeech,  and  indeed  this  is  that  parr, 
that  reicues  fpeech  from  Baibarifm,  and  that  which  they  call  «.ut«?(«  difproportkn: 
For  Syntax  making  a  Concord  of  words  each  with  other  in  Gender,  Number,  Cafe, 
manner,  time,  perfon,  introduces  convenience  the  Companion  of  delight,  which  is  an 
V,a°^L!um  W.  h*rrnony»  ar,d  reaches  the  fourth  and  lad  part  of  Grammar  which  is  Profodia  from 
«)»oj  and  <J«/l!i  a  mufical  confent,  which  keeps  exactnefle  in  all  notes  of  fpeech,  whether 
lowd  or  low,  fhrill  or  foft,  whether  thofe  that  are  diftinguiftcd  by  labour  and  cart,  either 
to  extend  or  depreffe  the  ftllables,  or  appear  in  the  production  or  correption  of  them, by  which, 
time  is  regulated.  This  no  lelTe  neceflary  to  a  graceful  and  good  Orator  and  Poet  is  ■» 
tobedijigentlyobferved,  as  the  other  parts  are;  and  whofo«ver  has  any  competenc 
skill  in  them,  will  deferve  the  name  of  a  well  inllituted  Scholer,  though  not  to  the  pro- 
portion oiErafmus  ( whom  Crittiques  alow  the  rcftorer  of  curious  learning,  and  as  it 
were  their  fecottd  Genius:)  but  to  fuch  a  degree  as  will  in  a  good  fenfe  merit  the  title  of 
a  Grammarian. 


Continet  in  ft  mili- 
tant trudiluntm, 
fivitllatx  Cracis 
irta  traSamm.pvi 
IX  hitilriaruvi  VI- 
ttrum  HOtitia.nomi- 
nunjicirum.homi 
num.gmiium.  «r- 
bium  rtquiramui, 
lib .i.De  Otat.c*. 


Grantut  in  Gr. 

iMgff'H  t- 
I)!.  B. 

Liliusi'i  (Jram. 


riBam  victim  pri 
nunciatiinim  tta 
dit,  Idem. 


Cmfimilitcr 


A  C  oiirrnntary  upon  Bortescuk.  153 

Cmftmiliter  cjuoqpte  demminari  legifta  mereberis,  fi  legnm  principia,  e>  eaufas,  ufque 
ad  element  a  difcipuli  more  indagaveris. 

Still  the  Chancellour  proceeds  w>  animate  the  Prince  in  his  perfuit  of  the  Law  by  the 
example  of  fuccefle  in  elementary  learning,  for  as  in  Grammar  a  man  may  attain  e- 
nough  to  be  termed  a  Grammarian,  though  as  Ifaid  before,  he  benoneofrhefirft 
three,  fo  in  the  Law  a  man  may  have  credit  of  Proficiency,  though  he  be  none  of  the 
profound  ones.    Indeed  to  be  ex.i&  a  Papinian,  a  Pomponius,  a  ploVrdenji  Dyer  requires 
a  whole  man  in  his  beft  expenceof  time,  and  with  the  beft  of  Divine  bleflings  en  his 
reading  and  rumination  •  and  that  no  man  can  reafonably  have  ambition  to  attain  to, 
or  greive  in  falling  fhort  off,  but  he  that  by  length  of  time,  eagernefTeof  ftudy,ftrength 
of  memory,  fharpnefle  of  conception,  approaches  it :  but  to  be  entred  into  and  have  a 
fuperficial  knowledge  of  the  Law  by  which  the  Student  (  fuppofe  the  Prince  )  may  have    * 
(  as  I  faid  before )  infight  in  the  language  and  common  Notions  of  it,  will  give  the 
Prince  as  great  a  title  to  the  praife  of  the  knowledg  of  the  Lawes  of  his  government, 
as  he  (hall  need  to  have  ■,  and  in  having  them  will  abundantly  finde  himfelf  accompli- 
shed ;   For  as  thej  are  the  beft  Lawes  for  any  place,   that  mo/r  fuit  with  the  difpofttitn  of 
the  State  and  Manners  of  the  people  that  there  live,  fo  is  it  the  beft  knowledg  that  a  Jorwfcn"!  mo ' 
Prince  can  acquire,  to  know  Gods  mercy  and  indulgence  to  him  in  the  Method  and  K,  James'  ij,»ec'h 
Prefcripts  ofcheTopique  Lawes  of  which  he  is  Guardian,  and  according  to  which  his  Whitehall,  tt»7. 
prudence  and  piety  makes  him  conformable  ■  the  degrees  of  which  knowledge  are  not  £/r^J»  folio" 
neceriary  to  the  latitude  of  the  Continent,  but  to  fuch  Afcents  as  are  in  order  to  Regal 
Enablement. 

Non  trim  exfediet  tibi  propria  fenfus  indagine  legis  Sacrament*  rimare  ,  fedrelinqua- 
tur  ilia  judicibus  tuis,  &  advocatis  qui  in  regno  Anglia  fervientes  ad  legem  appel- 
lantur,fimiliter  &  aliisperitis  tjuos  apprtntifios  valgus  dtnominat. 

This  the  Chancellour  exprefles,  to  take  of  all  doubt  in  the  Prince,  of  more  expe- 
cted from  him,  then  is  probable  for  him  to  attain  to  with  convenient    induftry  :     For 
though  he  prefs  upon  the  Prince  love  to,and  skill  in  the  Law  •,   yet  'tis  not  fuch  a  skill  as 
isirkfome  to  get,  or  takes  up  all  his  time  to  arrive  at  •,  'tis  not  Sacrament  a  legis ri~ 
mare,  but'ris  to  know  what  is  common  and  introduftionalto  knowledge  of  ufe ,  and 
credit  of  converfation.     For  though  neceffary  it  be  to  know  Ligis  Sacrament  a,  the 
all  that  is  to  be  known  of  the  Law,  the  rife,  reafon.progrcfle,  variation,  policy,  andin- 
tereft  of  the  Law,  and  what  in  all  thefe.  Notions  is  couched,  and  how  thefe  have  bene- 
ficial operations  on  the  mindes  of  thofe  that  know  them,  to  inable  them  to  every  fcien- 
tifique  and  prachque  purpofe,  yet  is  this  not  fit  for  Princes  fo  far  to  engage  them,  leaft 
it  take  up  their  thoughts  too  ftriftly,  and  poffeffe  them  too  fully  to  give  way  for  other 
regal  Offices  to  be  thought  upon  and  beloved  by  them.  To  get  a  pregnant  ufe  of  reafon  Iff,jut  £xit  ^ 
'and  to  ufe  it  according  to  the  prudence  of  Government  tempered  by  Law,  which  re-  *^»  &****+■ 
ftifies  all  violencies  j     this  is  enough  for  a  Prince  to  know  when  young,  the  reft  that  is  ?" '"'  "7,  *"i' 
more  perplex  and  burthenfome,  the  Chancellour  fayes,  relincjuttnr  Judicibus  this,  &c.  ju'&iniHT"' 
For  the  King  being  a  Body- Politique,  as  he  commands  bj  matter  of  Record  (  for  Rex  ^"on-de  oa»- 
praecipit,  and  Lex  praecipit,  are  all  one  )  and  judgeth  not  propria  fenfus  indagine,    b*i  cook  f. inftV/w 
according  to  the  LaV?  diftributed  in  his  Courts;   fo  he  knetys  in  a  Politique  fenfe  the  *■  •*'•  W«ftmio, 
Law  bj  his  fudges    whofe  Judgements  art  fo  politique  ly  the  King's  ,  that  intentionaHy,  f'  " 
and  in  th:  virtue  of  it .  it  is  his.  And  hence  comes  the  relinquatur  judicibus  tuit.  That  is, 
let  others  whole  particular  ftudy  and  skill  it  is  to  intend  it,  cafe  you  of  your  bur- 
then, and  diftributc  the  Laws  of  which  you  are  Head  and  fupream  Governour  to  your 
people:    Nor  is  this  late  and  lazy  counfel ,  but  grave  and  great,  as   old  as  Mofes, 
and  given  him  from  fethro  his  Father  in  Law,  Prieft  and  Prince  of  Miiian,  as  an  expe- 
dient to  prevent  Mofes  his  toy],  and  overmuch  trouble  of  himfelf.    For  Mofes  having 
told  Jethro,  how  he  behaved  himfelf  to  the  people,  and  in  what  capacity  he  was  appre- 
hended by  them,  Exod.  xviii.  1 6.     and  fethro  having  wifely  weighed  the  employment, 
and  compared  ic  with  the  condition  and  temper  of  Mofes  his  mind  and  body,  docsnoo 

F  f  confirm 


.  it*. 


'5+ 


j.DeMorib, «.?. 


Tlow  y*t>  if/.- 

pxvtrif*t  to 

d^la/Mi, 
Khcioi.l.i.  e.lj. 
Grot,  in  lie. 


Viri  finis  fimt 
dsvitti  quiiui  tun 
ift  nutjft.  m  aiu- 
liutistr ,  &  uci. 
fUnt  (trfisit, 
f..  Selo.  *fui 
Munftcr,  m  lie 


*>  ftndeft.  frit; 

ni,  p.tl.tdll. 

Bilil. 


^  Commentary  upon  Fortes  cue. 

confirm  him  in  his  laborious, and  not  to  be  endured  toyi,  but  friendly,  and  in  a  way  of 
pat  lie  t  iquc  kindnefs  reproves  him,  vir.  17.  The  thing  that  thou  doe  ft  is  not  good.  Not 
thereby  raeaningthe  Aft  of  Legiflation  to  lfrael,  or  his  (landing  in  the  place  of  God  for 
Ifraels  accommodation,was  politically  or  morally  not  good:  For  good  it  was,  that  peo- 
ple fhould  be  kept  in  order  by  a  good  Magiftrate,  and  the  prudence  of  nature  diftates 
this :  But  in  that  he  fays,  tht  thing  that  thou  doefi  is  net  good,  that  is,  mode  &  forma,  in 
the  way  and  kind  of  thy  doing  it.  Thou  art  indeed  M*fes,  kind  and  ufeful  to  the  peo- 
ple.but  cruel  to  thy  felf,  and  to  the  people  too,  if  what  thou  docft  beyond  thy  ftrength, 
(horten  thy  life,  and  leave  them,  without  thee,  miferable  :  (over.  \W.Thouwtltjure- 
/y  wear  away, both  thou,  and  this  people  that  is  with  thee-,  for  this  thing  ts  too  heavy  for 
thee,  thou  art  not  able  to  perform  it  thy  felf  altne.  This  is  the  reafon  of  his  dehor  tation 
and  argument,  ab  incommode  ■,  'tisinjurioBS  to  thee  firft,  and  then  refleftively  to  If- 
rati  ,  therefore  ceafe  to  do  what  would  be  better  undone:  yet  that  hemaynotfeem 
to  loofen,  what  he  cannot  fatten  again,  and  more  ufefully  he  annexes  an  affirmative  di- 
reftion,  how  to  accommodate  himfelf,  and  his  government  bya  more  mediocnous  me- 
thod, Hearken  now  (  faith  he  )  unto  m]  voice,  I  will  give  thee  counfel,  and  God  fljallbe 
with  thee, Sec.  ver.  19,20.  And  after  all  he  adds,  ver.21.  Moreover,  thoujhalt  pro- 
vide thee  out  of  all  the  people  able  men,  fueh  m  fear  God,  men  of  truth,  hating  coveteuf- 
uefs,  and  place  [ush  over  them,  and  let  them  judge  the  people  at  allfeafons. 

This  Scripture  is  the  grand  Record  of  Judges,  both  as  to  their  antiquity,  qualifica- 
tions, and  power,  which  is  worthy  to  be  written  of,  becaufe  the  fubjefts  of  it  are  ( un- 
der fupream  Princes,  and  their  great  Officers  of  State  )  the  moft  confiderable  in  any 
Nation,  efpecially  in  this  of  England ;  where,  though  they  can  not  jus  dare,makj  Laws,  " 
yet  they  can  and  do  j as  dicere,  interpret  the  Laws  made  ,  according  to  the  true  fenfc 
thereof.  And  therefore  no  wonder,  though  this  Scripture  be  the  glafs  through  which 
the  Kings  of  this  Land  have  feen  the  portraiftures  of  thofe  excellent  perfons,  whom 
they  have  worthily  in  all  Ages,  chofento,  and  placed  in  thofe  Offices.  Judges  have 
been  ever  very  antient  in  all  the  civilized  World,  and  thofe  chofen  men,  not  for- 
ward to  prefer  themfelves,  not  men  of  Abfalom's  fpirit,  that  are  fwollen  with  ambition 
and  populacy  •  but  men  picked,  and  by  experience  found  fit  to  be  deciders  of  contro- 
verfies,  who  will,  as  the  Philofopher  expreffes  it,  «AxceV« ,  «'<  J,^cin,6cc.  be  fo  juft  to 
divide  differences  into  eaual  Shares,  and  give  every  one  his  portion,  as  Parents  do  the  mat* 
ter  of  brawl  between  their  Children,  and  thereby  appeafe  them. 

Now  becaufe  men  of  brave  fpirits  are  fet  in  their  proper  Orbs,  when  in  places  of 
Judicature,  and  then  have  the  opportunity  to  fhew  the  virtues  God  and  Nature  have 
endowed  them  with ;  the  Holy  Ghoft  directs  men  by  the  diftation  of  "jcthro,  approved 

by  Mofes,  to  begin  with  men  of  virtue,  /V"!  ^AR,  onr  Tranflators  render  it ,  able 
men,  which  is  feconded  by  Grotius,  who  makes  this  ability  to  extend  as  the  Rabbins  lef- 
fon  him  ;  and  the  notation  of  the  word  will  bear  it  to  all  kind  of  ability, of  body,mind, 
fortune,  in  which  fenfe  we  call  ufually  thofe  that  excel,  able  men,  *vij*«  M*1«< ;  fo 
the  lxxTi  men  of  courage,  that  will  go  through  ftitch  with  the  work  of  Juftice,  that  will 
not  fear  the  face  of  any  he,  that  offends,  and  the  better  to  keep  courage,  (befidesinno- 
cency  and  the  fear  of  God,  which  makes  men  bold  and  brave,)  Fortune  and  eftate  is  a 
great  muniment  to  a  Judge,  and  Rabbi  Selem,  as  Munfter  quotes  him,  makes  this  able 
men  to  be  meant  of  rich  men,  able  tofubfift  themfelves  and  their  charges,  without  depen- 
dence, flattery,  and  the  acceptation  of  mens  perfons  in  judgment  ^  which  truly  is  much  ( no 

doubt)  of  what  the  fenfe  of  fethro,  and  of  what  the  Holy  Ghoft  means  in  v)!?,  for 
though  it  be  true,  that  integrity  will  preferve  a  man  from  defires,  yea  and  admiflions  of 
corraption,yec  it  has  a  fhrewd  aflailant,  when  need  or  fhortnefe  of  tether  beleagucreth 
it.  For  though  a  vicious  mind  will  never  permit  a  rich  man  to  be  juft  or  good,  where 
he  is  tempted  to  be  othcrwife  by  the  vice  he  dotes  on  •  yet  'tis  probable  the  fear  of  cen-  ■» 
fure,  fine,  andimprifonment,  may  awe  him  that  has  an  eftate  folvable  in  that  cafe, 
from  attempting,  or  accepting,  what  on  other  grounds  he  would  be  more  inclinable 
to.  And  fincc  that  of  Budtus  is  true,  Adjudictm  ire,  ad  jus  eft  ire,8cc.  The  fudge  ad- 
dreffedto,  is  an  addrefs  to  the  Law,  fine  e  he  is  the  living  Law.  It  concerns  Princes, 
whofe  all  power  within  their  Jurifdiftions  legally  is,  to  be  exaft  in  their  delegations  to 
meet  perfons.men  of  ability  in  wifdom  .courage,  fortune. 

»RT 


A  Commentary  upon  Fortes  cue.  125 

QWN  V£ ,  fearing  the  Lord,  ~]  This  is  added,  as  that  which  knits  the  knot  of 
the  former  abilities  fofaft,that  it  will  be  ir.diflblvable.     Hieronimus  Porcarius  (  whom  Tir«piUdut.i. 
Tiraauell  terms  a  moft  knowing  man  in  the  Law,  and  expert  in  Government )   has  ob-  cteolX&nwir. ' 
ferved,  that  there  stc  four  things  that  fubvert  Juftice^  hatred, favour,  hiker] ,  fear  •  and  ''  '*''  i%7M} 
againftalltbefe,  this  fear  e/eT^isaprefervative  •  for  it  will  pat  a  man  upon  hatred  of 
every  evil  way,    and  obfervation  of  God's  eye  intent  on  him  :   and  his   judgment  imr 
pendent  on  bis  wandnng,  it  will  make  a  man  watch  and  ward  his  ways,  that  he  offend 
not  in  any  defect  of  duty.     For  when  the  word  NTV,  is  put  abfolutely,  as  here  it  is 
the  Learned  fay  it  fignifies  Curare,  Ffal.  xlix.  17.   Be  not  thou  afraid,    when  an]  one  is 

made  rich,  N*"Nn  'tf,  ne  cures,  Be  not  felicitous  and  anxious,  do  not  fret  at  the  pro- 
sperity of  kicked men.  fethro's  meaning  then  is,  choofe  men  fearing  God,  that  is,  that 
are  folicitous,  and  thoughtful  to  do  their  duty,  in  obedience  to  his  declared  will,  and 
according  to  the  notions  they  have  of  his  pure  nature,  and  provident  appointment  of 
Magift:  acy,  to  prefide  over  men  for  their  good.  * 

■~ '9^  ^Pm,  Men  of  truth,'}  Who  having  knowledge,  conscience,   and  fine er it], 
which  king  James  declared  requifitein  Judges,  dare  to  do  nothing  unworthy  their  pla-  £  ',"  l"fit. 
ces,or  the  Laws  Prefcript.For  men  of  truth  are  oppofed  to  loofe  &  lewd  men,in  whom  ♦»♦■  of  bis 
there  is  no  thing  but  falfhood,  and  to  whofe  words  there  is  no  heed  to  be  given.  From  Woiks" 
thiscenfure,  as  too  great  a  blemifh  for  Innocence  to  bear,  theSons  of  Jacob  fought  to 
free  themfelves  •  for  when  they  were  charged  to  be  Spyes,    and  Jofeph,  in  Gen.  xlii.  1 6. 
appoints  them  to  difcovcr  D3  HN  FlOXi"^  whether  truth  were  with  them,  they  joyn 
iffue  upon  his  own  terms,  and  having  ver.    if.  alleadged,  CD^J?  ,   relit   not,  and 
proceeded  in  their  jufti  fixation, wr.  1 9, 3 1,  3  3, 3  ^.Thcy  avoid  the  juft  reward  of  per- 
fidie,  which  thofe  corrupt  Judges  in  Htrodotus  had.one  of  which  Cambjfes  caufed  to  be  ub.  $. 
flead.and  his  skin  to  be  fet  over  the  Judgment  Seat ,  and  the  other  Sandoces  by  name 
was  by  Darius  fuitably  proceeded  againit.    For  fince  the  Law  of  God  commands  nei-  **  7  Pol)"1  '"• 
ther  to  look  upon  the  perfon  of  the  Poor  or  of  the  Rich  in  judgment,  but    to  fear  the 
Lord  and  his  punifhment :  the  Laws  of  all  Religions  and  Governments,  look  upon  ir- 
re&itude  in  a  Judge,  as  that  which  can  have  no  penalty  tranfeending  the  demerit  of  it 
becaufeitisanabufionofGod'spower,  and  the  Sovereigns  grace,  while  both  thofe 
royal  purpofes  direft  the  ufe  of  that  expedient  to  the  divine  end  of  righting  wrong,  and 
animating  virtue  ■,  it  follows  .1>?3  ^J©,  hating  covetoufnefs  :    the  Greeks    render  Dmfius  i» /«•. 
this  by  «Mors£i*,  which  is  a  word,  importing  defire  of  having  plenty  above  others.  The 
word  y*2 ,  -fignifies  all  manner  of  evil  defire,be  it  by  what  means  it  will,  or  in  what  de- 
gree it  can  ,  whether  the  way  to  accomplifh  it  be  calumny,  force,    flattery,  or  which 
way  foever,that  is  inordinate.  And  becaufe  Covetoufnefs  obftruds  every  good  fincere  Hail  &  For.  ;* 
aftfon,  which  is  not  fubf  diary  to  fome  advantage  of  the  covetous  perfon,  as  is  ev  dent  H  4-  **«>»*»>• 
in  many  examples.but  cfpecially  in  Henry  the  feventh,who  had  a  defire  to  Saint  Henry  '*7'" 
the  fixtb,but  that  the  Pope  asked  too  much  money  for  his  (Canonization-  which  Henry) 
the  feventh  not  willing  to  part  with,  omitted  Henry  the  fixth's  Canonization,as  loving 
money  better  then  the  honour  of  his  Predeceflburs  memory  and  piety  ■,  therefore  God 
by  his  Prophet  Habbak}\pror.ounccsA  woe  to  hira  that  covets  an   evil  covetoufnefs  cha*-  *•«• 
that  i$,vt  qui  congregat  avaritiam  rnalam,  faith  S.  ferom.So  Pr0v.xv.2y.  (0  Exod.  1 8.2 1 . 
this  very  verfe  of  the  Text  is  underftood  by  the  learned,to  be  meant 

of  thofe  who  follow  not  the  de fires  cfthtWrld  nor  are  unlawfully  atled     £*'  «"•  r<i«™t*r  mmdi  difidm*.  »«  dhi- 
b]  the  love  of  riches  or  pMcr,  but  ufe  them,  and  endeavour  to  poffefs     'ZTluZT'  *"' *i"""-»  ""*  h" 
them  fo  far  onely,  as  they  are  comforts  of  life,  and  may  be  illustrations     mfi  quaicrmi  ad  -vn*m  hm  •;«•«  pr*m>». 
cf  virtue.     And  thus  to  limit  covetoufnefs,  being  to  hate  it,  is  to     Pa6nin"s  •« «**••  I7!Q 
avoid  the  Judgments  threatr.ed  againft  the  intemperance  of  it,  If  a. 

Ivii.  17.  ^r.xxii.  17.  fer.\\.  13.   Mic'w.  13.  In  all  which  pla-  ,      , 

ces,  the  very  fame  fin,  by  the  fame  name,  is  moft  highly  menaced,    n*»"^"*    tAymt  •  »•/•««« 

and  the  great  feverity  of  God  in  the  waiting  of  Nations,  attributed    '&MV-     Mcn»nd. 

to  it,  as  the  procuring  and  meritorious  caule  of  it. 

Judges  then  being  by  the  Prefcript  of  God  to  be  thus  qualified,  they    that  arefuch,  rp"/«""'"*' 

and  fo  endowed,  ought  to  have  high  value  from  the  people,  as  they  have  received  the  ^' 

token  of  it  in  their  truft  from  the  King ;  and  fince  this  place  is  fo  precife  in  the  retjuiries 

F  f  z  I  of 


\y&        A  Commentary  upon  Fortesgue. 

of  a  Judge,  and  the  Kings  of  this  Land  have  ever  been  fo  careful, 
Caveat  ftbi,  me  infede  judican-,  to  promote  thereto  perfons,  not  onely  in  preemption,  but  in  very 
di,quaeft  <juafi  Thremus  T>ti,  deed  fo  qualified.  And  in  regard  our  now  n.oit  Gracious  Sove- 
^BtM(fUdm  ltc»  fuo  fubftituat  raign,  whom  God  long  preferve,  our  pattern  of  virtue,  and  our 
iHppKHttm  ,  &  indohum,con-  parent  of  peace  and  piety,  has  fitted  the  Benches  of  Law  with  fuch 
ttmpttbilcm,  vel  ftvcrttm  ,  ni  learned,  ferious,  and  renowned  Judges,  as  anfwer  the  beft  of  times, 
fro  luce  ponat  tentbras,&  manu  and  the  moft  renowned  of  their  Anceftry.  Not  thofe  excepted 
indoBk  mods  furitfe,  gladio  ft-  in  Edw.  the  third's  time  ^of  whole  Chief  Juftice  (a)  Thiming,  12. 
riat  innocent es, 8m.  Fleta  r.  17.  H.  4.  gives  fo  honourable  teftimony  ^  which  truly  I  write  not  to 
Dtjuftitiariis  fubjiituendis,         flatter,  for  I  defpife  it,  as  beneath  the  candor  of  a  Chriftian,  and 

the  honour  of  a  Gentleman ;  but  to  give  my  humble  atteftation  to 
(4)  Sir  Ed.  Co*k.  Preface  to  the  their  fu pcr-cxcellent  merit :  fince  I  fay  fo  grave,fo  wife,  fo  worthy 
8.  Rep.  men,  are  now  the  King's  Judges,  I    thought  fit  to  Uluftrate  this 

place,  which  they  are  fo  genuine  a  Comment  upon  ,  by  thofe  few 
Notes  which  precede  i  befeeching  God,  that  they  that  judge  the  people  for  God,  and 
under  the  King,  may  fo  continue,  ever  to  demean  themfelves,  that  when  they  befu- 
perfeded  by  death,'?/;;?  may  give  up  their  accounts  with  joy,  and  not  frith  grief. 

Thisconfidered,  theChancellourmay  well  advife  the  King,   for  the  main  of  the 

Laws  knowledge,   to  refer  himfelf  fudicibtu.    lor  as  the  Sea  abounds  in  Water,  the 

Sun  in  Light,    the  Earth  with  Atoms ,  and  no  vacuity  is  in  nature  •,  but  God  has  com- 

pleated  the  World  to  all  intents  of  Providence,  in  the  circuraaftion  of  his  purpofe,  and 

the  fuftentation  of  his  C  reature9  -,   fo  are  the  Judges,as  men  of  years,  reading,  and  ex-  - 

perience,  fo  plenarily,    and  critically  verfed  in  the  Law,  that  there  (hall  need  to  be  no 

doubc,but  that  with  our  Saviour's  good  man,  Out  of  the  goodtrtar 

Cnmvix  pofftnt  omnes  cafus ,    fares  of  their  hearts, they  wiS  bring  forth  treafures  old  and  new,  that 

ejaiejteandoaueinciderint,  cert  a    is,  be  able  to  give  Solutions  to  all  doubts,  upon  old  and  new  Laws, 

lege,   editlo ,   fenatus    confultt     and  that  not  according  to  mens  conceits,  but  according  to    the    true 

comprehendi,  prudens  judex  ne-     meaning  of  the  Law,  as  Interpreters  of  the  Law,    as  thofe  that  find 

gotium,ano  de  agetur,  ex  fimili     out  the  reafon  of  the  Law  by  Bookj  and  Prefidents.     So  true  is  that 

dejuitatis  regula  defniet.     For-     of  King  fames  the  wife,  Though   the  Common-  Law  be  a  Mjftery 

netx\\i%  ad  legem  ^r.  p.  139.  De     and  a  Skill beft  known  unto  their  J 'elves   (  fpeaking  to  the  Judges) 

•  verbor .  fignf.  yet  if  their  interpretation  be  fuch,  as  other  men  which  have  Logick. 

Speech  Star-Chamber,  l6itf.     and  common  fenfe,  under ft  and  not  the  reafon,  I wiS never  truft  fuch  an 

f.  556.  Interpretation.  So  he.      And,  if  in  the  multitude  of  Counfe Sours 

there  is  fafety,  as  the  Wife-man's  words  are,  and  the  Judges  many 
in  number ,and  learned  in  nature,  are  ferviccable  to  the  King  to  counfel  him  as  their 
Lord  and  Walter,  and  according  to  Law  and  Juftice,  which  he  in  the  execution  of  the 
Law  folemnly  has  fworn  them  to  ,  and  to  perform  which  ,  they  are  upon  penalty  of 
God's  Curfe,  and  the  Laws  impartiality,  bound  to  obferve  •,  the graviora  legis  may 
well  be  left  to  them  •,  for  in  this  cafe,  that  rul«  is  true,  J$uifacit  per  alium  faiit  ptr 
fe,  and  the  King  that  thus  knows  the  Law  by  them,  may  in  a  good  politique  fenfe  be 
faid  to  know  the  Law  as  becomes  him,  which  is  part  of  the  fenfe  oidotlrinaprincipi  con- 

frua,  often  fpoken  of  by  the  Chancellour.  But  here  no  more  of  Judges,  becaufc  1  fhall 
ave  more  occafion  to  difcourfe  of  them  ia  the  5 1  hapter. 

Et  advocatis,  qui  in  regno  Anglia  fervientes  <ad  legem  appellantttr,  fmiliter  &  aliis 
peritis  quos  Apprentiftos  vulgus  denominat. 

This  Advocatus,  is  a  name  of  office  and  employment,  comprehending  all  thofe  per- 

fonal  honorary  diftinftions  of  men,    which  arc  gradual  in  the  Law  j  for  though  every 

man  that  is  called  to  the  Bar.and  has  read,  be  an  Advocate,  yet  every  Advocate  is  nor.  •» 

aSerj'eant,  nor  an  Apprentice  of  the  Law:   (for  under  thofe  names  are  comprehended 

the  choice  veteran  eldeft  Sons  of  that  Science,  who  do  proprie  &  quarto  modo  advocare,) 

when  others,  Advocates  innamefometimes,  are  nothing  lefs  in  deed. 

ftMs"  Di»in«.S'      An  Advocate  then  is  a  Patron,  who  undertakes  the  caufe  of  men  in  Judgment,   and 

Brechx*  id  u  pleads  the  Caufc  jUridiquely  before  the  Judges  that  are  to  determine  and  judge  of  it, 

»TveVh 'nif    za^  ^c  a<"*'  divers  parts.that  of  an  Oratour  in  proper  wording  it^  that  of  art  Attorhey,in 

igm.   (jj|jgent|yWatcj,|ngan(j0|)rervjng)  that  no  advantage  be  taken  againfl;  the  Caafej  that 

or 


A  Commentary  upon  foRTsscu*.  157 

of  a  Lawyer,  in  producing  Arguments  from  the  Text,  to  maintain  and  fupport   it. 
Now;  though  in  all  Caufcs,    one  Advocate  at  leaft  is  necefTary ,  no  Court  ordinarily 
allowing  parties  to  plead  their  own  Caufcs,  efpecially  in  Civil  Caufcs:   nor  is  it  for 
their  advantage  fo  to  do,  who  being  ignorant  in  the  Laws,  may  by  that  pragraatiqu*- 
nels  injure,  their  right  in  the  Judgment  of  the  Court  upon  it  :     yet  in  dubious  Ca- 
fes, and  thofe  of  more  then  ordinary  confequence,  Antiquity  followed  now  adays,  al- 
lowed two  or  more  Advocates,  that  by  their  joint  counfel  and  affiftancc,  they  might  Brech»„  a  t^ 
the  better  go  through  what  they  have  undertaken  with  folidity  and   fuccefs.     Thefe  p*sz.f.u».* 
Advocates  foufetull  and  frequently  imployed,   the  Law  allowed  great  Dignities  and  DcVeA'  CJ- 
Priviledges  to  them,  Luiovicus  Bohgninus  has  counted  tbem  to  be  130)1  Grand  ones, 
befides  the  many  additional,  which  is  confirmed  by  the  GlofTc  on  the  Text,  which  fayes,  Di(!eft.  Mm ,.  Tl-t 
Effe  Advoctt  urn,  honor  eft  ;  and  our  Law  capacitating  them  to  great  Offices  and  ho-   >  ■  De  poftuia'ndo 
nours,  thereby  ftill  keeps  up  the  Rate  and  Honour  of  Advocation,  yea  fo  long  as  our   '" Ghf- D  •'  ■»'•■ 
Lord  ft/us  is  owned  to  be  the  Advocate  with  the  Father:  the  calling  and  honour  of 
Advocacie,  as  'tis  the  Preftation  of  good  Offices  of  Charity  and  Bcneficeccie  to  men 
will  be  in  high  repute-,  but  of  this  1  fhall  fpeakmoreon  the  50  Chapter. 

Jn&ctst  &  Advocati  Regis,  qui  in  regno  Angliae  fervientesad  Legem  upp eSantur, 

Thefe  Fleta  terms  Milites  &  Clericos  locnm  Regis  tenentes  in  Anglia :    which  alluded 
to  the  ufe  of  making  Clergy  men  antiently,  as  well  as  Lay- men, 

not  onely  great  Officers  in  the  State,     but  alfo  Judges  in  the     Cum  igititr m  ft poffibile,qu0d 
Courts  of  Law,  in  which  the  Kings  Lieutenancy  refides,  who  there-    films  [  Rex  ]  ad  omnia  tcrmi- 
fore  were  called  Locum  tenentes,  becaufe  they  did  locum  Regis  in     uandafufficeret  per  JuJUtiarios 
judicio  tenere,  the  office  of  Judicature  being  originally  and  fon-     &  Comites,  &  altos  minifies 
tally  the  King's,  and  his  Judges  onely  by  delegation,  ascoramifli-    vires  fapientes,    Dtnmqitt  ti- 
onatedto,  and  inuruftcd  by  him  with  that  difpenfatory  power,  fo     mentesScc.    De  uecefttate  opor- 
tiaiC  ferviens  dd  legem  it  no  term  of  diminution  or  bafe  office,  but  of    tebit  eum  his  fubvemri.     Fleta 
honour  and  dignity ;  that  at  in  Heraldry  the  term  Efquire  in  Latin    lib. \, cap.  17. 
(ferviensiswcl  as  armigirfu  given  to  the  beft  and  braveft  of  men  un-     T«{  »v=>l*t  j  wctw*rnt,  Athi- 
der  the  degree  of  Baronage  or  Knighthood,  as  a  token  of  their  Por-     naus. 
tage  of  the  Arms  and  Enfigns  of  honour.which  th«y,or  thofe  whom     Seldens  titles  Honor ,  p.  83  3. 
they  defcended  from,  perfonally  bore  in  War  before  the  Princes     M.  Paris,  p.  312,  393'  39^ 
and  Peers,  they  in  that  way  officiated  to :  fo  is  the  term  Serjeant    Hypodigm  Neuft'riae,  p.  1 1 8. 
in  the  Law's  import,  the  title  of  one  who  does  attend  the  fcrvice 
of  the  King"  and  his  people  in  ftudy  and  profeffion  of  the  Law,  and  by  carrying  the  Em- 
blems of  his  Proficiency  in  his  habit,fuppofing  a  judicious  bead  and  heart.uttering  his  ac- 
quiGtions  with  a  ready  and  well- langu aged  Tongue^  and  the  not  onely  common  Civility 
of  the  Nation  attributes  dignity  to  him,  but  the  King,  the  Fountain  and  Soveraign  of 
Honour,  dignifies  him,  as  one  of  thofe  Patricit,  out  of  whom  thcSenatours,  the  Judges 
arechofen,  fo  fayes  Sir  Edward  Coole^,  Ex  ftrvinentibus  hifce  tanquam  e  feminariofu-  T«/4«totht 
Bid*,  &c.   From  among  ft  thefe  Serjeants ,  at  thefeminarj  of  Juftice,  the  Judges  are   I0-^y- 
calltd:  for  none  but  a  Serjeant  at  Law  can  be  either  fudge  of  an}  of  the  Benches,  er 
cheif  Baron  of  the  Exchequer,  »r  claim  place  in  either  of  the  Houfes  of  Serjeants ;   be- 
ctufc  thofe  Inns  art  properly  the  Lodges  of  Serjeants,  not  of Judges.  So  that  Oracle  of  the 
Law,  which  learned  Mr.  Selden  confirms,  andfecondsin  his  Preface  before  the  Scri- 
f  tores  Anglici,  p.  44. 

Serjeant  at  the  Law  then  is  a  Title  State  and  Dignity  of  great  refpeft,  fo  that  it  is  Lit.  u  e.i./w. 
counted  next  degree  to  a  Knight  •,  yea,  thereare  many  arguments  from  the  Writ  of.1* 
his  Creation,  which  Sir  Edward  Cotl^  directs  me  from  him  to  collect  for  the  honour  h™„>s  ™»t't. 
of  the  Serjeant :  that  he  is  no  Sfonte  nafcens,  nor  felf-Creatour,  but  arifes  from  the  Tr./.«io.^. 
Womb  of  the  Morning  honour,  the  King  ma  jefted,  a  Rrge  de  auifameuto  Concilii  inde  e-  ^d^iuitjij*- 
vocatur  •,  and  fo  is  a  fruit  hot  onely  of  the  King's  affection,  butof  hischoife  byCoun-  ™.><m«;  <*»»«. 
fel,     Secondly,  'tis  non  nutu  capitis,  nee  iHn  gUdii%  nee  verba  §rist  fed  brevi  figil-  "'('  0"'^,'G''' 
lata,  buc  by  his  Writ  fomewhat  iffuant  from  his  politique  Wifdom,  and  of  kin  to  mat.  ****"'' 
teref  Record,  a  dignity  in  Nature  of  a  Patent,  brevi  rcgio,  by  a  Writ  of  fummons. 
Thirdly,  the  Writ  is  plural  intheexpreffion  of  the  Pcrfon  ferjeanted,  vocabulo  vtbis 
dignitatis  argument 0  fmgulari,  as  if  the  King  in  the  honour  did  convey  and  intend  him 
fome  participation  in  the  rays  of  Eminency  with  him.     Fourthly,  he  is  called  *d  fta- 

»  turn 


,;8 


if  Commentary  upon  Fortes  cue, 


Ttpmlt  *i  t&inti  [uu  pnwtuuitiuUi,  & 
oltfnicnits  «/<j««  ti  fmtntt*  txtmtn  pro 
Hn-rahi  fin  itftrvituri,  Sfttid.JmJIitU- 
ntrmm. 


Mirrour  del  Jnftices  c»f 
Counters. 


t,  f'tl    $■  des 


Lit. I. 1. 17. f-  87.  Edit.  Seld. 


Rot.  Pari,  f  H.s 


l  Infiit  f.  »I4« 

In  Sim.  1.  Weft. 


Yrtf*$«  » th,  10.  turn  &  .ffVMVw.whichjthe  ftatutcs  not  of  8  H.  6.  c.  10.  but  of  8  E.*,.  c.2.  24  H.  8.  c.T  3 * 
*&•  doallow  and  infef  t  them  in,  as  if  the  King  incorporated  them  into  the  Tyrociny  of  No- 

bilityv  thefe  and  fuch  like  partsoftheirdignicye  is  by  that  worthy  Author  obferved  : 
nor  had  they  thefe  without  great  duties  expected  from,  and  per- 
formed by  them,  as  Narratores  and  Counters,  for  (  fo  they  were 
anciently   called  )    and  they  did  ft  and  at  Patrons  to  the  People 
throughout  all  their  caufes,  to  plead  And  defend  them  according  to  equi- 
ty and  right.     The  Mirrour  fayes  alfo,  Chefcun  Serjeant  ej?  charge- 
able, Sec  Ever]  Serjeant  is  bound  by   Oath  not  to  defend  wrong  or 
faljhood,    if  he  know  it  fot»  be,  nor  affifl  his  Clyent  any  longer  then  he 
perceives  his  caufe  is  jufi .-  the  fame  Fleta  writes,  with  this  additi- 
on, under  pain  of  imprifoument  a  year  and  a  daye^t.     By  which 
wifdomof  our  Law,fo  advifing  the  King  to  imitate  the  Athenan  Areopagus  ,the  Band  of 
Serjeants  have  been  the  learned  Brotherhood  whence  the  brave  Judges  have  ever  fince 
been  chofen.  The  Kings  of  this  Land  being  by  their  learned  Chancellours,  and  chief  Ju- 
fticcs  advifed  of  the  Worths  of  men,  though  their  own  Modeftyes  con  fenced  to  their 
temporary  obfeuring  of  themfelves.     In  the  5//.  5.    M*rtyn,  Babington,  tool,iyeft- 
bury,  fune,  Rolf,  were  called  by  the  King  into  Parliament  for  refuling  to  take  the 
ftate  and  degree  of  Serjeant,  to  which  they  had  been  by  Writt  called,  which  they  per- 
fiftcd  to  refufc,  as  counting  themfelves  not  fit  for  the  ftate  and  degree,  but  in  the  end 
with  much  adoe,  they  tOok  it,  and  divers  of  them  (faith  Sir  Edward  Cook,)  afterwards 
did  Worthy  ly  ferve  the  King  in  the  principal  Offices  of  the  Law. 

And  thefe  being  Serjeants  Counters/©  called  ,becaufe  they  recite  and  count  in  actions 
appointed  by  the  Judges  before  them  at  the  Bar,  are  diftinguifhedfrom  other  Serjeants, 
which  are  ofleffe  honourable  degree  then  thefe  at  the  Law  are.     And  chough  thefe 
are  the  prime  of  thofe  prrif»»*  Legibus  mentioned  in  our  Text-,  yet  there  are  others 
who  pane  under  the  name  of  Apprentifes  at  the  Law,  who  yet  are  not  Learners  and 
Novices,  but  Antcfignani  Standard-Bearers  of  fcience  ■,    no  Dupon- 
dii,  youths  entred  inro  ftudy,  of  no  more  honour  in  their  Arc,  then 
thofe  we  proverbially  call  Two  penny  Lads,  Pupils  who  a  e  under 
Difcipline  and  Coverturejrelhmen^  no  Students  of  4  years  {land- 
ing, which  the  Digefi    terms  Auw{,    {<\u*vtx  folutorcs  fign  fi  at, 
importing  a  proficiency  in  explicating  and  rtfolving  the  knots  and  dif- 
ficulties of  the  Law  terms  -,  )but  UgfKv^),  thofe  who  are  ample  at  ap- 
prehenders  of  the  Law,  and  Want  no  competent  Perfection  in  the  know- 
ledge of  it.  Thefe  who  have  been  near  twenty  years  or  aboveat  the  Inns  of  Courc,  and 
done  all  the  Exercifes  that  the  Houfe,  of  which  they  are,  requires ;  and  having  read  o- 
penly  before  the  Society  upon  fome  Statute,  or  point  of  Law,  as  the  probation  of  their 
Judgement,  and  acquifition  in  their  Profefiion,  by  Lawyers  are  called  Apprentifes.- 
and  thefe  fo  grave,  fo  learned,  are  often  mentioned  in  year- Books,  and  their  judge- 
ments and  arguments  therein  much  to  be  valued-,  yea  when  they  have  written  any 
thing  in  the  Law,  they  have  fubferibed  their  names  as  Apprentifes  of  the  Law.     And 
though  in  8.  1.  time  anno  20.  Attourneys  are  named  before  Apprentifes,  after  which 
Fleta  fo  alfo  marfhals  them,    yet  are  thofe  Attourneys  not  to  be  named  in  a  day  with 
Apprentiles  (unlelTe  Attourneys  were  more  chen  now  adayesthey  are,  which  I  know 
not,)   for  Sir  Edward  Cook,  terms  thefe  Apprentifes  Sdges  Gents    intended  in  the 
Statue. of 28  E.  i.e.  11.    and  fo  declares  them  in  his  Preface  to  the  tenth  Report. 
And  the  learned  Stlden  produces  a  notable  Record  out  of  the  Tower,  wherein  King 
E.  i. directed  his  Judges  to  (electa  certain  Number  of  thefe  Apprentifes  to  attend 
virio  Appientifu   the  King's  Courts,  who  perhaps  were  hence  called  Apprentifii  adBarras,  of  which, 
Andrei  Horn  makes  menion  in  thofe  ridiculous  verfes,  as  Mr.  Sclden  calls  them  before* 
his  Mirrour. 

Thefe  Apprentifes  then  ofthe  Law  were  men  of  note,  as  not  onely  appears  by  the 
forementioned  Inftances,  but  from  their  wonted  feparation  from  the  Inns  of  Court, 
( where  they  fpent  their  younger  ftudyes )  and  their  locations  in  hollies  proper  to  them. 
For  as  the  Serjeants  had  their  Inns,  fo  had  the  Apprentifes  theirs,  Tavics- Inn  in  Hol- 
born  was  one  of  them  ( and  others  no  doubt  they  had,  though  the  memory  of  them  is 
loft)   yea  and  as  is  concludable  from  the  Roll  of  5  H.  4  when  that  thing,  meaning  to 

make 


Uffrmipi. 


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fignific.f.  J7». 

1 

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Alciat.  loctprtciuto. 


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I  Ed.  »./«/.  17. 
Kitchin. 
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Hofpltmm  in  rt:to 
apprentifii  legit 
h*kurtjiUb*nt. 
HE  J. 


A  Commentary  upon  Fortes  cue.  i$p 

teake  good  his  Title, and  fearing  leaft  the  Lawyers  in  Parliament  (hould  obttruft  it,  di-    , 

reds  Writs  to  the  Sheriffs  of  all  rheCounnes    That  thrj  flould  notfufer  any  Appren-  l'FT  c/'"'■/:.," 
tife,  or  other  learned  man  mthe  L  w,  to  be  returned  to  Parliament.     Hence  iaith  the  ]U..,h,. 

dicious  Sir  Hen.  Speiman.     This  parliament  was  called,  The  lack-learning  Parliament,  Hmv  '«>•'"«»">- 

and  that  Convention  which  put  a  hard  joak^upenthe  Church.     Whereas  then  our  Chan-  ZZ^&MhitL 

cellour  fays,  Quos  vulgm  Apprentices  denominat ,  He  means  not  to  difclaitn  the  term  <■<"»  if  &  in*- 

Apprentife{  as  not  a  word  of  legal  honour,but  a  nick-name  originated  from  the  miftakes  ''Z^'tUba 

or  malevolence  of  the  Rabble)  but  he  ufes  the  phrafe  v  ulgus,  to  fhew  the  community  »r.  Speimaartl 


verla. 


of  its  appr©bation,and  the  willingnefs  of  the  molt  knowing  men  in  that  Profeflion,   to 

derogate  from  themfelvcs,fo  they  might  arrogate  the  Law  •    and  to  leflbn  alfo  men  to  c" .  "t^L  fcV 

put  a  value  on  Lawyers ,  whofc  travel  and  pains  in  the  abftrufe  itudy  of  the  Common-  Urse- 

Law ,is  fuch,  that  when  they  have  ftudied  as  long  as  their  bodies  will  endure,  or  their 

eyes  afiift  them  •,  yet  after  all,do  not  arrive  to  be  Dottors,  Profejfours,Exprofe fours  jbuc 

in  the  moft  accumulate  advances  are  but  Apprentifii  &  Jervientes  ad  legem. 

Melius  enim  per  alios,  tjuam  per  teipfum  judicia  reddes,  ejuodproprio  ore  mHtti  regum 

Anglia  judicium  prof  err  e  ufus  efl. 
This  Claufe  refolves  two  doubts •,  Eirft,  why  the  King  need  not  Ltgis  S-teramemd 
rimare,  not  toil  himfelf  in  the  intricacies  of  the  Law,  but  leave  thofe  to  the  Judges,  be- 
caufe  it  will  be  better  to  do  it  by  others ,  then  by  himfelf.  Secondly,  why  more  con- 
venient and  better,  beeaufe  fo  ufed  to  be  done  by  the  King?  of  this  Land,  whofe  pra- 
ctice was  upon  weighty  grounds :  for  melius  here  is  not  ftriftly  and  Grammatically  to 
be  taken,  for  then  it  would  have  a  fenfe  of  diminution,and  refleft  on  the  Prince,as  if  any 
thing  might  be  better  done.then  he  that  (qui  Prince,)  is  perfection  it  felf.ard  cannot  be 
out  (tane^becaufe  he  is  the  fountain  of  politique  adtion,  and  Judgments  cannot  be  pre- 
sumed to  be  jultlyer  judged,  then  by  the  Prince,  who  is  Justice  it  felf,  and  by  his  ac- 
cefiion  to  the  Crown,  is  under  no  preemption  of  defeft.  But  melius  is  to  be  taken 
for  squint  ■,  ioTullj,  i.Ofic.So.  Coevenientius,  that  is,  it  will  be  more  comely,  in 
relation  to  their  State  as  a  King,  and  proportionate  to  the  indifferent  and  equitable 
nature  of  their  Jufbce,  to  determine  matters  by  Judges,  men  unconcerned  in  the  lofle 
and  gain  of  Caufes.then  by  their  feIves,to  whom  in  all  Capital  Caufes,  the  forfeitures 
of  Peccants  Efcbeats ;  and  in  Caufes  between  them  and  their  Subjects,  they  may  fome- 
times  be  Judge,  who  are  Parties.  Yea,  and  melius,  beeaufe  alfo  their  Serjeants 
and  Judges,  being  more  verfed  in  the  myfterious  parts  of  the  Law,  are  more  likely  to 
extricate  the  truth,  perplexed  in  the  heats  and  covins  of  contention  :  this  I  take  to  be 
fomewhat  of  our  Chancellours  mind  in  Melius.  Thus  Authours  expound  Melius, 
Anma  melior  in  yirgil  ■,  Strvitu  terms  aptiormens,  melior.  Donat us  renders  bona  &■  Tc'e'nt".  ikd. 
tolerabilis  ,  and  natura  bona, by  Plena,  Magna,  Pinguis.  Melior  pars  diet  ,  by  Major  £<n  Officio. 
&  prima  pars  -,  and  Tu!<j  coupling  melius  with  ncjuius,  as  he  does,  makes  the  lenfe 
plain,  recording  to  theft:  iftnefs  of  Oratory,  as  well  as  Law. 

Per  alios,  tjuum  per  tt  ip [urn  judicium  rtddcs~\h\\  Judgment  is  the  Kings.though  by  the 
difpenfation  of  the  Judges  ■,  and  of  old,  Kings  and  chief  Magiftrates  did  perfonally  de- 
cide Cafes,  and  difpenfed  Laws,  as  it  is  evident  in  the  Cafe  of  the  Judges ,  and  Solo, 
mon,  and  all  Kings,  both  in  holy  and  prophane  Story  •,  P hilip  of  Maceden.Demetrius, 
Poliorcetet,  Avgufl»s  Csfar,  Claudius,  Charles  the  Great,  and  Charles  the  Fighrh' 
as  is  confirmed  by  f  Lipfms,  inmonitis  Politicis,  c,o.   p.241.     And  in  England,  the  s;!den  m  ci*.  1. 
Sonsof  the  Kings  of  this  Land  have  fate  perfonally  in  the  Courts  of  Law  ;    as  byname,  att,M. 
E.  4   fee  nuh  R'gni.     And  Prince  Arthur  /ode  from  (hire  to  (hire  in  Circuits,  to  hear  *™'c^ 
and  determine  Caufes  depending  between  man  and  man.     And  others  of  them  have  b'f  ftit  °mhestat. 
C  harter  exempted  certain  perfons  from  being  drawn  into  Judgment  before  any  per-  ^°  w'4rr'""'« 
k>  s,   ?:iri  coram  nobu,  vtlcapitalijuftitia,    which  feems  to  referve  power  to  them  - 
fel  ves  judicially  to  judge.     Yea,  though  Lipfim  is  pofitive,  decere ,expedire ,debere ,  that   '" """""' .  *".'*• 
King.-  ooght,  and  may  perfonally  hear  and  judge  Caufes :  yet  the  more  sgreed  Ruleof  n'p.ii'.Qu.V. 
our  Kinqs  leqal  pleafurc  and  practice,    is  to  judge  in  curia  by  his  Judges,  whofc  Au- 
thority Ins  perfonal  prefence in  Courts    (  1  humbly  conceive)  does    not   diflblve, 
though  in  other  Cafci  the  R  ule  be  good,    The  power  of  the  lefs  eeafes,    in  the  prefence  of  c4i>f«trtt,  4 
the  greater.     Now  this  the  King  has  yielded  to,  and  eftabliftied  in  the  practice  of  Law,  »*U  in  p« 
that  all  paflion  and  prejudice  to  Juftice  might  be  avoided  •,  and  that  the  Judges  may  be  £™iaiur™ioti'' 
indempnified,  they  are  fworn  to  do  Juftice  according  to  Law ,  without  conficferacion     Tg-,ur"' 

of 


14.0        A  Commentary  upon  F  o  r't  e  s  c  u  it 


L  mm  tjium  79. 
ffi.  S.T)ij»i>«. 
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the  Stat.  Tit  J» 
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LJi.y.  De  Moni- 
tis&«xempl. 
Toliticis,  p.  231 

Eicon. Bafi!.«.  is 
f.  1 71. 


of  any  thing  in  obftruction  of  it  ;  though  Prudence  dictate  to  them,  in  arduous  Cafes, 
to  confult  with  the  Prince,  ejui  ipjis  dejure  refpondert  fclent,  as  the  Chilians  fay ;  and 
in  matters  of  State!  and  concernment  to  tbeCrown,  prius  tonfulere  auam  confiUuere,  & 
declarare.     So  did  that  wife  Monarch  King  James  admomflri  his  Judges  to  do  •     In- 
croach  not  (quoth  he)  upon  the  Prerogatives  of  the  Crown  •,  if  there  fallout  a  a  tie  ft  un  that 
concerns  mj  Prerogative ,   tr  Mjfierj  of  State ,    deal  net  with  it,  tillyou  confult  with  the 
King  and  his  C  tunc  el,  or  both ;  for  thej  are  tranfeendent  matters,  andmufl  not  be  jlubberly 
carrjed  with  over-rajb  wilfulness,  forfo  may  ye  woundthe  King  thr*ugh  the  fides  of  a  pri- 
vate perfen.  So  that  Oracle.     And  fohave,and  do  the  wife  Judges  always  •,  that  fo  the 
King  being  rightly  informed  of  the  nature  of  Caufes,  may  voluntarily  .as  the  Soveraign 
of  our  National  Juftice,  honour  Juftice  above  himfelf;  if  thofe  can  be  imagined  difhnft 
which  the  Law  feems  to  me  to  have  made  one  and  indivifible.  And  this  blefled  effect  of 
Ma  jeftique  Condefcenfion  to  humble  and  loyal  fubjection,have  the  Subjects  of  England 
experimentally  found  from  their  Princes  almoft  always :  not   onely  Edward  the  firft, 
manifefted  it  in  the  Statute,  Dejudaifmo,  whereby  though  the  Kings  of  England  had 
from  50  H.  3.  t0  2£.i.  420000  li.  15  /.  4  d.  profit  to  their  Chequers,   when  the 
ounce  of  filver  was  but  22  d.  y  et  Edward  the  firft,  though  he  had  a  great  need  of  fupply 
by  money,  his  expences  being  great,  did,  for  the  honour  of  God,  and  eafe  of  his  Sub- 
jects, banifh  the  Jews,    and  all  their  Ufury,  by  the  Statute  in  the  eighteenth  of  his 
Rcign^   and  Edward  the  firft,  in  the  Statute  of  Treafon  of  the  25.  rtgnif.i.  but  alfo  the 
late  martyred  King  Charles  the  firft,  of  blefled  memory,  infundry  Acts  of  Grace  by 
fome  of  his  gracelefs  Subjects  abufed.     And  above  all,  cur  now  Royal  and  renowned  So- 
veraign, has  to  a  wonder,  and  an  eternal  obligation  of  his  Subjects  admiration  and  gra-* 
titude,    made  appear  in  that  never  to  be  forgotten  AH  of  Oblivion  and  Indempnity , 
whereby  all  his  Subjects  not  excepted  therein,    are  remitted  all  penalties  both  for  life 
andeftate:    Both  which,    thoufands  in  the  Nation,  had  in  rigour  of  Law  forfeited  to 
him.     This  fliall  be  written,  that  the  Generations  to  comt  way  knew  it,  and  the  people  that 
are  yet  unborn  maypraift  the  Lord,  for  thofe  admirable  re ftr tints  of  anger  and  indignation 
in  him.    The  confederation  of  which  magnanimity,  and  royal  fidelity,  as  it  entitles  his 
Ma  jefty  to  the  fuperlative  love,  and  refolute  afliftance  of  his  Subjects,  cordially  as  well 
as  politiquely  his,  and  to  the  blefling  of  God,who  onely  fortunatcth  all  undertakings  : 
fo  does  it  cenfure  to  Hell,  as  ingrate  and  horridly  inhumane,  all  thoughts  of  treachery, 
or  malevolence  to  his  Royal  Perfon,  Poftcrity,  and  Succeflours  in  Government :  the 
punifhments  of  which,  if  any  fhould  be  io  wicked  and  wretched  to  deferve,  not  onely 
will  be  greivous  in  the  legal  terrours,  but  in  the  regrets,  that  Confcience  will  give  the 
defervedfurTerers.     MyprajcrfoaUbc,  that  God  would  make  us  fear  him, and  honour  the 
King,  and  not  meddle^ith  them  that  are  given  to  change-,  ever  remembring  that  Power 
isbeftandfafeft,whenin  its  proper  channel  and  centre.     Andthat  God,  whofe  Vicars 
Kings  are,    has  given  that  greatnefs  of  mind  to  them,  that  as  they  are  above  mean 
thoughts,    fo  will  they  not  alloy  ihe  glory  of  their  Thrcnes,  by  alliens  of narroVenefs  tt 
their  Subjects.    Lip  fins  has  quoted  rare  profefiions  of  piety,  and  love  to  Subjects  from 
Emperours,  Tiberius,  Trajan,  Vefpafian,  Henry  Son  to  Frederick..    To  whicsh  may  be 
added  the  words  of  that  late  martyr'd  Ma  jefty ,  Thofe  victories  arefiiS  miferable,    that 
leave  our  fins  unfubduedt  flufhing  our  pride,  and  animating  to  continue  injuries  ;  nor  do  I 
defire  any  man  fhouldbe  further  fubjetl  to  me,  then  all  of  us  may  befubjiH  to  God. 

Tamenfuafunt  omnia  judicia  regni,  licit  per  alios  ipfa  reddantur;  ficut  &  judicttm 
omnium  fcritentixs  Jofaphat  ajferuit  ejfe  judicia  Dei. 


In  urbibsts,aut  noviter  firutlis, 
aut  brio  acefuifitis,  tfecit  ut  ef- 
ftnt  Judices  32.  2l»i  de  caufis 
civilibus,&  capitalibus  non  ex- 
cept is  ctgnofcertnt. 
Grot,  in  a  Chronic,  tap.  xix. 
v.  6. 


Hers  the  Text  not  onely  aflcrts  the  Kings  propriety  in  the  Land, 
people,  ftrength,  and  Law  of  England  ,  but  confirms  the  judg- 
ment of  the  Judges  appointed  by  the  King,  to  be  the  King's  judg-"* 
ment  from  a  Text  of  Holy  Writ,  tChron.  I.  6.  wherein  Jeht- 
fafhat,  a  famous  King  of  Judah,  charging  his  Judges  to  be  exact, 
calls  their  Judgment,  the  Judgment  of  God  For  as  the  Judgment  of 
fehofof  hat's  Judges,  is  called  the  Judgment  of  God,  becaufe  it  was  in 
execution  of  the  defign  of  God's  Jultice in  the  World,  and  by  the 
authority  of  the  Magiftrate.the  Minifter  of  God  ;  who  being  fee  by 

God 


^Commentary  upon  Fortes  cue.  14.1 

God  to  govern, makes  by  his  Delegation,  the  jufl;  aftions  judicial  of 

his  JaAspsjhe  judgment  of  G°d,   btcaufe  judged  by  power  derived  i»Mf«iAijiiti'Mwi«4«  [***,  />« 

from  God  :  fu  the  judgment,  pronounced  by  the  King's  Judges  in  *  *£  JJgJ*  •  *££  £jg£ 

his  Courts,  are  the  King's  Judgments,  becaufe  they  are  from  thofe  «»/>««  *■  frincipn,  4i«/iTyi«ra  i/««»- 

Benches  that  he  ereftsand  protects  to  that  purpofe,  and  from  thofe  nr\  nc"'hufia"us  t  '"'  „    •  *  ,  r 

/■         lu  V         r  j  r/-  /-/1  r  '  Reporr.    De  June   Regis  Ecclel. 

perfonsthathecommiihor.slo  to  do.     lot  caufa  cauft  ejt  caufa  p.i.b. 

cauf.ni.     ifthe  King  empower  any  man  to  aft  for  him,  his  Aftion 

is  in  reafon  and  reputation, while  within  theVerge  of  his  Commiffi- 

on,  the  Kings  ^  and  the  contumacy  that  is  exprefled  againft  that        Kin*  Jam"'s  fsP.eech  *  s'"  cUfitrt 

Power  or  perfon,  the  King  and  the  Law  expounds  2S  done  againft  ''°    '        s' 

the  King.  And  hereupon,  as  the  Perfon  and  Palace  of  the  King  is  to     oieiumr  **«»  <%ri* ,  primi  &,  „[!*/<* 

have  no  force  exprefled  in  it.under  grievous  penaltiesjfo  the  Courts     FmU'"  ?«"">»-  »»<<  <*<  /*»</;«  &  i»dic»i 

of  Law,in  which  the  King's  Judges  lit,  are  to  have  no  aftion  of  vio  -    "  "  Muu'  "'  °n",d"  s* elnun '"  w*- 

lence  or  ryot  exprefled  in  the  view  of  them  fitting.    He  that  ftrikes 

a  Judge  fitting  on  Judgment,  or  that  ftrikes  any  other,  the  Court 

feeing,and  fitting,  lofeth  bis  hand,  and  fhall  fuffer  fine  and  imprifonment   at  the  King's 

fleafure.  He  that  appears  not  at  the  Summons  of  the  Court,is  in  contempt  of  the  King, 

and  may  be  out-lawed,and  fo  be  out  of  the  King's  Protection.    Thefe,  and  infinite  fuch 

like  Cafes,  argue  the  Judges  in  the  King's  Courts  to  be  Minifters  of  the  Kings,  and  the 

Actions  they  legally  do,  authorized  by  him.     And  hence,  in  reference  to  the    Judges,  speech  at  wb««- 

King  fames  of  bleffed  memory  told  the  two  Houfes  of  Parliament  their  dignity  ,in  thofe  Hf'f"D^\*l7, 

Words  ;    Beware  to  dif  grace  either  my  Proclamation,  er  the  fudges,  who  -when  the  Par-  Woiki  iafil. 

liament  is  done ,   have  power  to  tfj  jour  Lands  and  Lives  ;  for  fo  jon  maj  difgrace  both 

jonr  King,  and  your  Laws. 

Qttarettt,  Princeps  fereniffime,parvo  tempore,  parva  induftria  fuffcienter  crisinlegi- 
bus  Anglit  eruditus,  dummodo  ad  ejus  apprehen^enem  confer  as  anixnum  tuttrn. 

This  inference  is  very  proper  from  the  premifed  matter :  for  fince  the  King's  of 
Englandzre  furnifhed  with  learned  Judges,  Serjeants,  Apprentices,  and  other  men  of 
learning  in  the  Law,  whofe  life  is  fpent  in  ftudy  of  the  Anatomy  of  the  Law ;  and  fince 
they,  how  well  verfed  foever  in  it,  or  any  part  of  it,  are  obliged  to  ferve  the  King  by 
their  Counfel,  and  otherwife  with  fuch  their  parts,  whereby  the  King  is  politiqudy 
tompleatedin  all  points  of  his  Regal  Tunftion.  Since  thefe  things  thus  are,  they  do 
excufe  the  King  from  that  pains  and  care  to  underftand  the  legal  diftribution  of  Juftice 
in  his  perfon  ■,  which,  but  for  thefe  fupplements,  he  muft  have  held  himfelf  obliged  to : 
fo  that  now,all  the  King  i«  in  this  cafe.to  do,is,to  give  his  mind  to  love  and  comprobate 
the  Law,  and  in  that  delightful  humour  to  pleafenimftlf,  fuch  minutes  as  he  can  fpare 
from  a&ion  and  plcafure.  For  though  a  Serjeant  at  Law,whofc  glory  and  grace  it  is,  Vt  StUtn>t  No;e5 
ferviendo  difcat,  &  difcendo  alios  per  dif  cat,  as  men  of  that  degree  did  at  their  Parvife  ±  on  fmif.uc,  foi, 
of  which  Chaucer  fpeaks,  *«• 

A  Serjeant  at  Law,  wary  and  wife, 
That  often  had  been  at  the  Pervife. 

Though  liay  fuch  men  are  to  know  whatever  can  be  known  in  the  Law  ,  becaufe  it 
is  their  Profeflion,  tnd  they  do  Mndagere-^  yet  the  Pi  ir.ces  work  being  that  of  an  Ar- 
chitect, not  a  Labourer,  calls  him  accomplished,  when  able  to  over- 
fee  others  due  difcharge  of  their  duties.    To  do  which,   he  is  pre- 

fumed  to  be  knowing  and  intent ;  and  thofe  will  direft  him  fo  well     ****»  "i""»  A'ch'tea°"ca^,'1^' f^' 
to  choofe  Judges,  that  having  chofen  them,  hefhallbavenocaufe    ^"/i",'^  JZ'lfrl^ ™"«mt<n,r, 
to  repent  his  choice.      Sufficient tr  eruditus  then  is  to  be  taken  re-     **««.  *Hoppcms,  u.  «.  De  tnftit, 
ftrainedly,  not  for  a  fufficiency  ofpofiibility  ,    the' how    much  a    rtlfic'P,s- 
Prince  may  attain  to ;    but  a  fufficiency  of  convenience,  and  credi- 
table ufe,  fuch  a  Learning  as  may  f> jit  with  the  ftate,  dignity,  and 

opportunity  ofa  Prince.  Thus'cV//>i'<*»expreffes  Sufficienter,  fuficienter  alere  &  vt-  V^j^ff^ 
flirt  debet  fee  undam  ordinem  &  dignitatem  mancipkrum.  For  as  Saint  Paul  was  a  moft  jf.  De  Ju  ftuft. 
learned  Preacher  of  Chrift,  eveifto  the  conviction  of  Lthniquc  Philofophers,  who  had 

G  g  a" 


\^i       A  Commentary  upon  Fortescue. 

all  the  art  of  evafion  and  dirifion  of  his  MiniQry  imaginable,  which  yet  he  through 
-die  grace  given  him  overcame,  though  he  profeffes,  He  Wat  not 
em*«  <j*>«»  •»«  «"«.  hic  »  civ'""' m  fufficient  for  thrfe  th  ngs  ■,  and  as  many  men  are fufficiently  learned 
:*PZ:Z:^'d;::™'P  Lawyers,  that  arrive  not  at  Snlfhim  bis  bogth,  whom  Budaiu 
„mfumJL,  BuJcus  in  pandtit.  pnoics,/?.  makes  the  Phoenix  cf  hid  prcftflion,  and  more  a  pcuntain  of  Z<»  w, 
,.  tin.  Bafil.  tyen  atl  jge  0f  Lawyers  put  ugethcr.    So  fuff ciently  quaint  Ora- 

.  ,  „  ,       tours,  though  they  have  not  what  Tutlj  requires  in  an  Orator, 

w»m  Ti«ufi(«tr*m,vtrUrrvtVoii*  *m.  The [ubtlttj  oj  L'gutani ,  the  tyijdom  of  Philosophers,  th<  words  of 
mmtriajnrucufktunm,  wx  Trqtiwam,  fotts  thc  memory , of  Lawyers,  the  vtice  of  Tragedians ,  the  ve- 
drteftS?  "*'      ftxre'fthe  mofi  excellent  Perfons  in  *t  Pr'feffuns.     Andaman 

may  be  fufficiently  a  man,  having  all  the  integral  parts  of  man- 
hood, and  being  able  conveniently  to  expreffe  them,  though  he  be  not  a  Coliahon 
Sampfon  for  ftrcngch.     Be  fides  jour  Education,  it  u  necejfary  jott  dt  light  in  redding.  And 
feeing  the  Knowledge  of  all  lawfuli  things,  but  with  thefe  two  Befiriiliim  :  f>fi,  that  ye 
Bafiacon  Doion.  chufe  idle  houres  for  it,  not  interrupting  thereby  the  difcharge  of  jour  office  -,  and  next, 
».?«<».  175. /•'  that  ye  fiudy  not  for  Knowledge  nakedly:   but  that  jour  principal  end  be,to  nif.ke  you  able 
thereby  to  ttf'e  your  (ffice,  fowas  the  Counfel  of  King  fames  to  his  fon.     So  a  Pnnce  may 
be  fuffcienter  eruditus  in  legibus,  that  does  give  his  minde  to  skill  the  language,  read 
the  lefter  arid  more  methodique  Authors  of  the  Law,  and  by  converfation  with  the 
praftife  and  Enactions  of  Courts,  difpofe  his  fnirde  to  enquire  into  them.    Infhort, 
Doftor  and  Student,  the  four  parts  of  the  Irftitutes  and  the  Statutes,  which  are  to  be 
read,  parvo  tempore  &  farvainduftria,  will  inftruft  a  Prince  fo,  as  to  make  him,  in  . 
legibns  fufficicntcr  eruditus,  but  thefe  Authors  being  written  long  firxe,  our  Text- 
Mafter  his  fitficientcr  eruditus  may  be  fuppofed  relative  to  another 
Method.     The  Jura  Corona ,  the  Bights  of  the  Crown,  the  brtvia 
^^^T7i:»at:i    Originalia,  which  being  grounded  upon  fome  original  Law,  for 
jmu  Printipm  tffMtnntr.  firm*  ffm  uiui    the  violation  of  which,  that  is  the  way  to  bring  the  offence  to  try- 
imdftnm.  Braii.nus  i*.  i.  fit  vi 1.  «w      j      d  judgment .-  the  Maxims  of  the  common  -Law,  which  are 

dicti.Trtvt  firmatum   tft  ad  Rmihiuimem  n      t     •  il  l    f     •  r 

rvpUjmit.  uTrtft.  omt  t. ittt.  cook,     molt  obvious,  and  the  Statutes,  thele  in  any  competent  meaiurc 

read  and  underftood,  will  make  the  Prince  fufpeienter  eruditus  m 
legibus:  for  it  will  declare  him  a  friend  to  Juftice,  and  one  thatfo  highly  promotes 
it,  that  he  ycildshimfelfa  fcrvant  toit,  and  that  Diogenes   was  wont  to   call  iAd, 
!r»r"  De"'"     *>*<*»"«  tJ/5'«,  a  plcafttre,  and  *»  it  were  fuffciency  or  perfection  of  life.     Not  onely 
jufthi«',f.  ioj.;  as  he  does  judge  and  diftribute  the  Law  by  his  Judges,  who  are  Oracles  in  this  learn- 
ing, bat  if  Lip  fins  a  moft  learned  man,may  be  the  Judge,in  all  caufes  upon  the  account 
of  thefe,  and  beneath  thefe  abilityes,   Da  Simplicem,  da  Problem, 
Sec.   Let  but  the  Prince  fet  himfelf  in  the  fineerity  of  hu,  heart,    e.tU 
BHfimftictm.  <urr,i**,,  n^Ruum  ixptrunr,     „,;,  £  the  f,tmofi  ileJS  of  hid  prudmt  attainments,  to  d*  hid  judicial  du- 
H^'ixuvZm  ZT"l'bn".  ZXt'ol     ty,  and  I  dare  fay,  (  fo  are  his  words )  there  Will  rarely  be  any  canfe, 
pUrum-jiu  it<if>-r*t .  6-  t*itbu>  mtmem  mt-     wherein  he  will  not  findc  out  the  truth,  or  near  the  truth ;  yea,G»<d 

ftf.to  m  mtnLi,  UU*.  <*?  ,.  ,.     °f'e»  •■#»'  ^nces  with  wifdom  beyond  other  men,  whenhefea 
t4„.  r  their  hearts  are  fet  toferve  htm  confcionably  tu  their  ifjice,  according 

to  that  of  the  wife  man,  '"  A  Divine  fintence  id  in  the  lips  tfthe  King, 
therefore  he  fhaR  not  err  in  Judgement,  thus  Lip fi us. 
Thawte m  Ales.       The  Confederation  cfLaw  and  Juftice  as  the  *iy&  deiojiit&,  which  the  Philofo- 
'*'  l- 1*<"-      fopher  makes  the  rule  of everyone ;  and  which  is  onely  to  be  diftributed  by  the  Priixe 
and  his  CommiiTioners,  fo  wrought  upon  King  James  of  happy  memory,  that  though 
he  came  not  to  the  Courts  oiweftmi»ftert  yet  he,  in  a  very  great  Prefcrxein  the  Star- 
^innnii*.  Chamber,  did  wifely  and  Chriftianly  declare  himfelf  a  King  of  parts  as  well  as  power, 

and  ol  piety  as  well  as  of  both,  or  either :  for  there,  he  not  onely  fhewed  what  he  un- 
derftood, his  duty  to  his  people,  and  what  hisdefertof  the  peop!-ev  but  healfogave, 
fuch  a  Charge  to  all  his  Judges,   and  other  Minifters,  concerning  all  the  points  and 
parts  of  their  duty,  that  'tis  hard  to  fay  wherein  they  could  poflibly  err,  if  they  com- 
pofed  themfclves  onely  to  the  Condud  and  Observance  of  thofe  rules  ■,  which  makes 
u.gdl 'offieT11'    me  take  notice  of  that  PafTage  of  ^4/^,  where  writing  of  the  Judge,  his  word*  a:  e 
TrV.  tixt.p.        Non  aliter  jud-  caturns,  tic.    That  the  judge  id  for  his  wifdtm  and  Infire  ef  Juftiee  fo  tt 
it*.  *i  Ttxi.       wanifeft  hiwfelftethe  henturefhidtrtfi,  and  dignity,  ad  the  Prince  himfe  If  u  to  dot,  if 
be  were  actually  in  the  Scat  of  Judgment;  whence  I  think  1  may  properly  infer,  that 

the 


A  Commentary  upon  Fortejcue.  14.3 

theLawfuppofesaKingtobefufficiently  wife  and  worthy  to  endeavour  his  accom- 
plilhment  in  all  the  Parts  of  his  Regal  Duty,  that  he  may  appear  to  be  a  Pattern  as 
well  as  Precept  to  all  his  Judges. 

Sufficicnter  cruditut  then,  muft  have  a  foft  and  fober  fenfe  allowed  it,  for  in  the  lati- 
tude of  the  Notion,  no  mere  man,  no  Prince  but  Solomon  ever  had  fuffkicnt  learning 
in  the  Laws  of  Nature  and  Government  ■,  for  fince  art  is  long,  and  the  well  out  of 
which  truth  is  fetched,  very  deep,  and  the  life  of  man,  though  inched  out  totheut- 
moft  period  of  David's  computation.be  a  long  time,  compared  to  lefTer  portions  of  li- 
ving -yet  in  order  to  Art,and  the  cxpatiations  of  Art  to  be  inquired  into  in  that  time : 
nay,  though  the  whole  time  fhould  be  fpent  in  the  one  onely  ftudy  of  the  Laws,  the  Stu- 
dent would  notwithftanding  be  o're-taken,  before  he  were  an  attainer  to  his  meta  ulti- 
ma,   rorifconfiderationbehad,    how  many  years  of  life  are  loft  in  Childhood,    in 
Youth,  in  miftake,  which  we  are  to  refcue  our  felvcs  from  and  retrograde,  what  cafii- 
tlties  of  Ocknefs,  necefluies  of  life,pleafure,  friends,  avocate  and  fteal  away  time,  what 
treacheries,  unexperience  in  the  conduct  of  ftudies  and  converfe,betrays  us  to  •  and  how  lZ^.1? £ JJ!'i 
various  the  notions  of  men  are  in  the  pafles  of  them  through  the  feveral  age9  of  their  ?«»#  .*'.»«'  Se- 
life.    Thcfe,  and  fundry  other  leaks   to  the  vigour  and  virtue  of  ftudy,  and  mercs  ac-  nec-  ep-  *»• 
complifhment  by  it,  proclaim  fuficienter  eruditus  in  the  latitude  and  utmoft  fenfe  of 
attainment  and  polfibility,  not  to  be  here  meant,  becaufe  that  cannot  be  gained  parvo 
tempore ,  or  parv k  induftrik, as  this  fuficienter  cruditut  propofed  by  our  Chancellour 
is  faid  to  be.    The  true  notion  then  of  it  is,  that  which  I  faid  before,  then  the  Prince  is 
fuf [center  eruditus  in  Itgibus,  when  he  knows  the  key  and  language,  the  reafon  and 
phrafe,the  rule  and  maxime,  the  more  ufeful  and  common  Laws  called  the  Statutes-  be-  Ityarrer  J*«  oi 
caufe  by  this  knowledge  he  (hall  be  able  to  know  his  own.his  Minifters,  his  Subjcttsdu-  to7<  otifM-nr 
ties-,  and  this  is  fufficient  learning  in  the  Law  for  a  Prince  j  nay,  this  is  able  to  make  •fet*»N<$«r. 
himasan  Angel  of  God  to  difcern  between  good  and  evil.  ForasinSouldiery,  hemay  rTet-Vl'!'*,n' 
be  faid  to  be  fuficienter  eruditus,  who  knows  all  parts  of  Souldiery,    Korfe  and  Foot,  '  7"     'l'*'1*' 
Field  and  Garnfon,   the  Laws  of  Command  and  Obedience,  theufeof  all  Machins, 
the  Enemy  he  is  to  right  with,    the  ground  he  ii  to  fight  upon,  the  forces  he  is  to  fight 
by  •,  and  fo  in  other  Am  and  Myfteries,  as  I  lay,   an  Artift  thus  able  to  perform  his 
undertaking,may  be  faid  to  bcfufUienter  eruditus  in  it,  though  he  be  not  an  Hannibal, 
a  Porphjrie,  an  Ariftttle,  a  Drake  :    fo  he  may  be  a  Prince  fuficienter  eruditus  in  legi- 
f*/,who  does  know  what  he  himfelf  is,  andotherunder  himought  todo  according  to 
the  La ws  ot  his  Government.of  which  he  is  the  maintainer  and  defender.     For  as  Bu- 
dauskysoCTuUj,  guid  uon  expticare  pot  ui fet  ilia  vis  ingenii,  Sec.     what  cannot  fo  .'m'p.li'Edir" 
rare  an  apprth:nfiou  make  plain,  what  ft  quaint  a  tongut  exprefs,  what  fo  wife  a  heart  ecu-  *>&• 
ceive,  as  re  fides  in  a  Prince,    to  whom  the  Laws  of  his  Government  is  f  leafing,  and  the 
stud]  of  them  his  delight. 

Parvo  tempore,  &  parvk  induftrik. 

This  is  that  which  in  another  place  he  expounds  by  anno  uno,  a  fmall  time  to  fo  gainful 
apurpofe:  But  I  fuppofe  the  Chancellour  either  tols  him  on  by  an  engagement  of  fa- 
cility and  poflibilityofattainment,  a  harmltfs  trepanning  to  ftudy  of  the  Law,  orelfe 
looks  upon  his  Princely  Wit,  which  the  Greekj  call  sujwiar,  which  makes  a  man,  asJV 
c  rates  was  faid  to  be,  wp  o<  ifi»  Jivx,  dull  to  nothing  he  was  fet  upon:   but  tisPjthagor as 
is  by  Apuleius  written  of,  fupra  raptum  ho'minis  auguftior,  capacious  above  the  proper-  "m"'*  w<«" 
tiintfman,  as  that  which  will  accelerate,  and  bring  about  that  in  a  fhort,  which  ordi-  Pythag.*ror' 
riarily  is  a  long  time  in  operation  and  circumduction.  This  he  concluding   mav  be  fufti-  phyrio £"*'', 
ntd  in  his  prefixing  j*ff$CKntrr  eruditus  to  parvo  tempore  &  parva  induftrik.     For  well  dc  rytbag. 
did  the  Chancellour  know,bo:h  what  was  f  efficient  Law-learning  for  a  Prince,  and  how 
to  perfect  youth  in  that,     lor  lie  had,  as  Pitfaus  tells  us.inftituted  many  young  Noble- 
men in  the  Elements  of  Law  :  and  therefore  being  himfelf  fo  learned,  and  having  in- 
ftrufted  others  in  the  incoate  ard  neceffary  knowledge  of  the  Law.  I  conclude  him  able 
to  perform  his  promife  in  inftrucFirg  the  Prince,  parvo  tempore, parv <k  induftrik  •,  brief  ^f*  Bud*um 
and  curt  methods  being  nfeul  to  Learners.when  to  know  the  Law,  zsars  acjui&boni,  ^Plndea-  f"'- 
that  is,  to  fet  the  mind  upon  the  Law  with  might  and  main,  proprium  eft  juris  conful- 
torum  inilitutum,  is  the  proper  breeding  of  Lawjers,and  that  Vphicbthej  are  to  intend.'Yhe 

•  G  g  2  Chan- 


i±q.  A  Commentary  upon  Fortescue. 

Chancellours  fenfe  then  is,  that  incentncfs  and  addiction  to  any  thing,  will  perfect  that 

in  ftiort  fpace,  wbicb  otherwife  will  be  more  tedious  in  compa fling.  As  the  Fifli  A  phi* 

(which  gave  occafion  to  the  adage,  Itviu  irv<>)  is  nofoonerihewedtbe  rire,  butic  is 

»rifmAd»g.n.  broyled,   being  naturally  of  founftiousa  nature,  that  it  yields  to  the  warmth  of  the 

ch.i. ».  cent. ».  firc>  and  takes  its  impreflion  ftraightways :  fo  doesfome  mens  Wits  capacitate  them 

A^azas  Deip-  to  V>Y  *-hing  c"ac  »  imparted  to  them  ;  which  is  the  meaning  of  Parvo  tcn.pjre,  &  parvA 

nof.fi*. n.         indMftriA.lhough  then  ingenuity  in  the  Prince,  and  method  in  the  Chancellour,   may 

make  the  Prince's  learning  in  the  Law,  noc  fo  long  in  the  time,  nor  fo  laborious  in  the 

toil  of  attainment,  as  otherwife  it  would  be :  yet  time   and  induftry  there  muftbein 

fome  meafure,  ere  ever  there  be  attainment  of  learning  the  fruits  ot  God's  blefling  on 

the  Prince's  time  and  induftry  .which  two  time  and  indufiry  are  fit  to  be  confidered. 

Time  is  the  meafure  of  life,  and  the  opportunity  to  every  a&ion  :    Pythagorat  called 
it  tIw  <r?ax°ttr  w  m;n^A@-,  the  Globe  of a  moving  Body  »    Plato,   cuont  «x»w  wiit'jm, 
Huttrchut.fii  i.  the  moveable  Image  of  Eternity  s    Eratosthenes  ,     rh»  to  »a/«  mfd«.p,    the  motion  of  the 
Deplac'         Sun  ;  the  Thihfopher,  lit  to  i\*  wnrtv,  the  motion  of  the  Vniv  erf e,  -rfu)  <nj>«up*i<  iurlui , 
Thine  w'e.lio   the  S  f  hear  of  all  motion.     Suidai    renders  it,    </>««-««*  rn(  ti  *s>tfA*  w!ma<t  all  one* 
Ecciefii'.:* '"      with  Ariftotle.     And  Solomon  above  all  fays,  'tis  that  which  is  given  by  God,  as  the 
pundt  in  which  we  are  to  perfect  every  duty,    and  in  which  the  glory  due  to  his  Sove- 
reignty is  retrtrhed  to  him  by  every  created  Being.    From  which,  becaufe   the  time 
of  action  is  that  of  light,whicb  we  call  day  •,  the  Englift?  word,  for  prefent  time,  Day ; 
Today  if  je  will  hear  his  voice,  is  derived  from  the  Hebrew^"},  which*  is  one  word  they 
exprefstimeby,  which 'I,    they  make  to  have  the  fcafe  of  p90 ,  fufficit,  as  account- 
ing it  that  which  anfwereth  every  purpofe  under  the  Sun  •,  ■  unto  which  ,  perhaps,  our 
M»th.«.v.'aS.      Lord  alluded  in  thofe  words,  fufficienttotheday,  u  the  [orrow  the-<cf.       The  Hebrews 
alfo  calls  time,  r"*tSJ,  which  in  the  root  fignifies,  to  pervert ;  inlinuating,  that  the  preva- 
rication of  man  difto;ts  the  provifion  of  bod,  while  he  gives  us  time  to  ferve  him  in, 
and  wc  turn  it  to  his  difTervice :  though  I  know,r"UJ ,  has  alfo  a  fenfe  of  preparation  and 
feafoning,which  the  Greeks  render  by  x«f6«.So  EceiefM.  :.  Hag  i.  4.  fudg.  xxi.  14. 
Ecclef.ix.  1 2.There  is  aIfo,",'in  ,in  the  Holy  Language.for  time-ps  it  is  ihtferies  &  ordo, 
of  things  and  actions :  fo  Efth.  ii  t  2.  Cant.  it.  1  j.fundry  other  words  have  they  for  time. 
Time  then  being  either  paft,prefcnt,or  to  come,though  known  ro  God.yet  is  only  ours 
"  *'  in  its  prefent  punft.That  which  is  paft,is  gone  ,  that  which  is  to  come,  is  uncertain  ;  the 

prefenc  is  onely  ours  ,  and  that's  parvum  tempns.  Thou  hafi  made  my  age  as  a  [pan 
long  :  every  man  therefore  in  his  befi  tflate  is  altogether  vanity,  faith  King  David. 
Induftry  that  puts  upon  time  its  due  burthen.and  improves  it  to  its  utmoft  fertility.  This 
is  that  which  provokes  men  to  labour  and  motion  with  chearfulnefs  and  placidity,  $1*0- 
lnvrU.  mri*.vta.yxwi*,yhys  Suidai,  ipthovvQ-  wifi  -nuw^v  Tpoflt/;*©- ;  to  be  induftriotu ,  is  to 

.      ,  be  carrjedto  any  thing  with  an  indignation  againft  whatever  hinders  and  cbftmQs  it.  This 

WW   *v<t-     was  {^at  wnjcn  carryed  Alexander  above  his  difcouragements  to  his  Conqueft.    Nicias 
st'mmvfmlln-  was  famous  for  this  J    for  by  his  intentnefs  on  hisftudy,  he  grew  fo  immemorative , 
citoipi»i.         that  he  was  wont  to  ask  his  Servants,  «  x«x»7«/  tytiifitfriMiwhaherhehadwaJhrd,   or 
stot«w.  Strm.   (aten      Many  arethepromifesandpraifesof/>«l«i?r^:  The  diligent  hzndmalecth  rich- 
feeft  th)u  a  man  diligent  in  hisbujxnefs.  He  fball  fit  among  Princes.  Both  Solomon's  Apho- 
rifms.     AndtheSonoftyrrfc^counfels,  yiy«  ItTfixrK  ,  Be  di.igcnt ,  and  no  Dijeafc 
fball  hurt  thee. 

The  Fathers  appropriate  much  to  induftry  •,  Saint  Chryfcficme  advifes  to  it,  \¥eL «« 
cuatlav  iK&ionmv  iye-Suv , that  we  fall  not  Jhort  of  eternal  good  things, Tfl<  Ihlyst  yf'ovot 
&C  the  time  of  labour  is  bat  fhort,  and  the  reward  in  reft  eternity  :  the  Bee  is  but  a  faatl 
Bird,  but  the  Parent  ofallfweetnefs,  fhe  alone  brings  homy.  So  is  Induftry,  but  a  fmall 
time  to  be  exprcfloi  in,but  always  to  be  rewarded  in  the  fruit  of  it.  So  true  is  that  of 
J)emocritus,-m  niy*Kti,&c.  men  attain  t» great  ani gnod  things  onily  by  induftry.  And 
therefore  the  Hebrew  word  is  rTltt'na^  coming  from  ^W,  figuifyirig, <Ngft*r*, 
computare,ratiocinari,  implyes  the  intention  of  the  whole  man,  which  So/omen  calls,  do- 
ing with  aM  our  might,  that  is,  aftuatingour  reafon  todefign,  and  feconding  it  by  the 
fabftrviency  of  fenfe,  leaving  no  ftone  unturned,  to  effectuate  our  pro  jeftion.  This 
induftry  is  made  up  as  it  were  of  Joints  and  Ligaments,  of  ftrengch  in  order  to  aftion. 
Rabbi  David  terms  ir,  arsfttppHtandi,md  Arithmetic*  Philofcphia-,  becaiifeinit,  men 
do  bring  all  the  refraded  particles  of  their  toil  and  fearch  into  a  mafs,  to  make  it  more 

con- 


A  Commentary  upon  Fortes  cue.  14.5 

confpicuous,  and  to  be  regarded  as  the  wife  Builder  in  Luke  xiv.  8.  who  before  he  lajes 
the  foundation  of  his  ffrutlure ,  fitteth  down,  and  connteth  the  coft.  The  Hebrews 
knowing  the  confequence  of  this  Induftrj,  have  according  to  the  variety  of  its  na- 
ture fevenl  words  to  exprefle  it  by  7"""P«79'  a  word  of  large  extent,  pri- 
marily denoting  riches  and  fubftance,  but  tranflated  by  Induftry-,beaiuk  thereby  riches 
and  fubftancc  is  gotten.  It  alio  families  Pecm,  Angelus,  Nuncius-,  becaufe  as  the  Ea- 
fttrn  riches  confuted  in  Cattle,  and  thofe  nourifhed  to  increafe  by  Industry,  as  was  re- 
markable in  Jacob  ;  and  as  an  Angel  is  the  Guardian  of  man,  and  watches  over  him  by 
God's  Command,to  keep  evil  from  him  •,  fo  Indufiry  is  the  probable  means  to  keep  the 

Woolf  from  the  door,  to  prevent  poverty  and  want,which  ever  follows  Idlenefs,  '"3®, 
alfo  is  a  word  for  indnfirj  ,and  that  denotes  fuch  a  vigilancy,  as  is  that  of  a  Commander, 
who  keeps  a  Garrifon  in  an  Enemies  Countrey  ,he  is  ever  on  his  charge,  diligent  to  con- 
fider  every  ufeful  occiarrcnt,and  to  improve  it ■,  no  perfon,no  moment  is  out  of  his  eye, 
but  his  thought  is  bufied  about  it,   and  careful  to  make  it  commodious  to  his  purpofe. 

This  word  is  oppofed  to  /2D,  or  703,  which  fignifie  incegitancy, and  vain  levity-,  fuch 
as  the  Holy  Ghoft  reproaches  in  the  Ofiritch,  who  lays  her  Eggs  in  the  Sand,  andecn- 
fiders  not  the  foot  of  the  Traveller  may  crupi  them. 

The  fenfe  then  of  our  Chancellour  by  indnjtrj,  is  to  commend  fuch  a  proportion  of 
time,  as  the  Prince  can  fpare  from  the  more  important  things  of  his  office,  to  fpendin  Baf,lic  Doron. 
the  ftudy  of  the  Law.     As  for  the  ftudy  of all  liberal  Arts  and  Sciences,  1 would  have  you  \eo°iks'in//Z' 
rtafora'jly  verfed  in  them,but  not  preaj/ing  to  be  a  Pafs-Mafter  in  any  of  them,  for  that  can- 
not but  diftraQ  yen  from  the  points  of jour  Calling.    So  wife  King  fames  ;  which  he  pro- 
bably might  thus  intend.thathe  in  his  induftry  in  the  ftudy  of  the  Law  fhould  aim;  firft, 
fcire  Unguam,w  know  the  Language  of  it,thac  he  may  underftar d  what  he  reads  •,  then 
fcire  libros  legis,  that  he  may,  by  knowing  Authours,    and  culling  the  moft  pithy  and 
mcthodiqucofthem,    improve  the  moft  he  may,    the  time  that  he  fpends  in  perufing 
them.    ihen  thiidly,  fcire  regulas  legis,  for  they  are  the  Tropiques  upon  which  the 
Law  moves.     Then  fourthly,  fcire  rationes  legis,  for  that's  of  the  form  and  confuta- 
tion of  it,  and  declares  the  mind  of  the  Legislators  of  it.     Fifthly,  fcire  fines  left i,  for 
the  end  of  the  Law,  is  the  motive  to,  and  the  merit  of  the  Law  :  fo  that  when  he  does 
think  of  little  time.and  little  toil,  there  muft  be  a  vigorous  and  thrifty  expence  of  that 
little  ,  and  that  will  make  it  go  a  great  way.     For  all  time  is  loft,  and  all  travel  in  ftudy 
to  no  purpofc,if  there  be  not  a  clofe  application  of  the  mind  to  the  thing  we  profecute  -, 
and  that  once  vigoroufly  fet  a  work,  carryes  all  to  the  defired  upfhot  ■,  not  onely  lets  a 
man  into  the  fecrets  and.abftrufities  of  know!edge,fo  that  he  knows  good  and  evil,  and 
employs  his  time  and  diligence  in  obtaining  the  one,  and  avoiding  the  other  ;   but  it 
prevails  againft  even  the  rnorofity  and  untraftablenefs  of  wild  Beafts,  as  Plutarch  in  his 
excellent  Book.Dr  folertia  animaiium,\\i&  made  good.    Therefore  dummodo  ad  ejus  ap-  *$  P5"j-&c' 
prehenfionem  tu  animnm  confer  as,  is  the  indifpenfable  limitation.     For  though  by  Mi-   t\0*  x. 
racle  God  can,  asheoncedid,  give  learning  imbre  linguamm  in  a  moment,  without 
any  contribution  of  mans,previous  to  the  collation  of  it,  as  was  plain  in  the  cafe  of  the 
A  poftles.on  whom  the  fpirit  defcended  in  fie  ry  tongues :  yet  the  ordinary  way  of  God  is 
by  thofe  fteps  and  affiftances  of  time  and  labour,  that  bring  about  Conquefts  in  Arts, 
as  ftupendious  as  Alexanders  in  Arms,  and  that  parvo  tempore,   and  pxrvhinduftrik, 
that  is,  while  the  fearchers  into,  and  after  them,  are  young,  and  their  pains  is  in  the  na- 
ture of  expreffion  of  a  pleafure^  that  as  extraordinary  fire,  aptly  conveyed  through 
meet  conduces,  intends  more  to  the  liquefaftion,  and  rarefication  of  any  thing  in  a  day, 
then  otherwifc  it  would  in  a  longer  time  •,  and  apt  Moulds  prepared,  and  reflexions  ort 
Fruits  and  Plants  maturateth  them  in  three  or  four  Moneths ,  which  in  the  ordinary 
conrfe  of  feafnn  would  be  a  much  longer  time  in  production :  fo  in  ftudy,  intentnefs  of 
mind,  and  earneftneA  of  labour,    brings  about  that  in  a  little  time  to  great  perfection, 
which  but  for  it,wouldnot  be  fo  circumafted.    For  here  the  Proverb  is  true,    Taint 
heart  never  Veins  fair  Lady. Time  and  toil  will  never  bring  to  the  Port  of  Learning,  ex- 
cept the  addition  of  the  Students  mind,  proceeding  from  a  love  of  Learning,  accompany 
opportunity  and  endeavour  :  love  and  labour  do  fweeten  each  other,  and   promote 
their  confequent  fuccefs  -,  it  being  p!eafure,not  labour,  to  follow  our  loves,  though  we 
lofe  our  lives  and  wits  in  the  chafe  and  purfuit  of  them,  and  bury  our  beings   in  the 

Mine, 


146       A  Commentary  upon  Fortescue. 

Mine  where  her  Oar  lyes  even  Archimedes,  and  Eudoxns,m\l  both  lofe  their  lives  to 
illuftrate  the  Art  they  were  enamoured  of  v  zniAriftotle  not  think  the  compiling  of 
his  Hiftory  of  Creatures  tedious,  becaufe  he  loved  to  fearch  and  know  what  n  as  co  be 
found  and  known.  O  this  application  of  the  mind,  is  that  which  has  all  natural  potency 
in  it  j'  'tis  the  door  to  all  fpeculation  and  aftion  :  This  makes  rrtn  excellent  andgene- 
ral,becaufe  indefatigable  in  ftudy  -,  the  praifes  olMiltiades,  the  renown  of  heroick  ac- 
quifitions,  rewarded  in  thofe  that  have  preceded  them,  ftirs  them  up  to  an  emulation  , 
which  draws  off  their  eyes  from  fleep,and  keeps  their  hearts  muting  upon  their  darling. 
This  is  that  holy  charm,that  Mofes  prays  God  to  beftow  upon  his  people,  Pfal.  9  ?.  1 2. 

So  teach  us  to  number  our  days,  that  we  may  apply  our  hearts  unto  wifdom,  3?1?   t,<,?^. 
DpD  utadducemuscordifapientiam,  which  is  ad  verbum,  that  we  may  bring  to  our 
heart  wifdom,  that  wifdora  and  our  hearts  may  be  one  and  the  fame,  the  root  ^3J, 
in  niphal,  fignifies(according  to  Rabbi  David)vaticinari,   reseptionem  a  Deo  & (ermonem 
tjuem  jubetDeus  ut  loauatur,8c  then  the  fenfe  may  be,that  our  hearts  may  have  wifdom 
as  truly  and  fully  revealed  to  them.as  the  Prophets  had  Vifions,and  that  by  confiderin<* 
the  natureofour  days  on  Earth,  we  may  fore-tell  our  future  condition,  either  of  weal 
or  woc,and  endeavour  to  make  us  friends  of  this  unrighteous  Mamtnon,that  when  we  fai!, 
they  may  receive  us  into  everlafiing  habitatiens.So  that  dttmmodo  ad  earum  apprchenfsonem 
tuanimum  confer  at,  imports  a  delight  in,  and  an  endeavour  after  the  knowledge  of  the 
Law:   for  animum  confer re  ad  aliq  uid,  is  as  much  as  to  ponder  on,  and  fleer  all  ones 
aftionstoathing,  to  make  it  the  mark  we  aim  at,  and  the  Goal  we  make  to,    and  the  . 
Centre  we  acquiefce  in.    This,  though  the  Chancellour  did  not  in  the  ftri&nefs  of  the  * 
notion  perfwade  the  Prince  to,  fince  he  had  other  employments, which  did  more  imme- 
diately take  him  up,the  intrigoes  of  State,  and  fecrets  of  Policy,  the  interefls  of  his 
Crown,and  the  conduces  of  Counfels.     Thefe  being  the  more  weighty  matters  of  Re- 
gality, and  requiring  more  of  the  perfonal  intention  of  the  Prince,  were  in  order  of 
concern  and  prudence,  to  be  the  chief  and  main  of  his  ftudy.     Though  I  fay  in  the 
feverity  and  heighth  of  the  notion,the  Prince  is  not  here  prefied  animum  eonferre  ad  ea- 
rum apprehenponem ,  yet  in  fuch  a  competent  and  convenient  meafure,  as  he  can    and 
his  other  affairs  will  permit,  he  is,  and  the  more  he  is,  (  other  things  not  being  negle- 
fted)  the  more  accomplifhed  is  he  like  to  prove  •,  fince  as  Lucius  Crajfw,  that  great 
Lawyer  faid,  Omnidfunt  ptjita  ante  oculos.  &c.  Every  day,  and  with  every  nun   there  it 
good  ufe  to  be  made  of  the  Law ;  which  may  be  underflood  not  one- 
ly  as  in  the  bulk  and  greatnefs  of  the  Author,  containing  the  Ocean 

cieero  Dialog.  De  oratore,  dig**  Livii    efics  variety  and  learning,  but  as  its  prance  in  ordinary  admini- 

Budtiis  i»  Pandeft.  ft-  «*•  «**.  Bafii.     ftration  patefies  it. 

•m.  To  conclude  this  Head  then ,  I  prefume  our  Text-Mafter  well 

knew  what  knowledge  in  the  Law  wss  neceflary  to  accomplifh  the 
Prince,  and  that  it  was  acquirable  in  that  fmall  time,  and  with  that 

v;  it     d     ■  PIcafuraWemduftlT,thata  year  well  and  profitably  fpent  therein,  may  in  a  good  mea- 

1%ZJZ-  Hire  perform  v    and  thereupon  he  fays,   Parvo  tempore,  &parva  indent,  Becaufe 

imcmrtmr,  ,x  there    is  nothing  which  conftant  endeavour,  and    dilirent  care  VeM  net  attain  and  over. 

t»i*u.    Seneca.  tmt% 

Nofco  enim  ingenii  tui  perfpicacitatem. 
Here  the  Chancellour  by  a  Courtly  Conceflion,  tempts  the  Prince  to  a  rendition  of 


TArc  eti 


m'tZ&  TkAtripe  Impoftrj,  as  Budxus  fets  them  out .  but  as  a  good  ,nd  grave  Gentleman 
w.p.ioi..*/.  who  confidenng  the  mercies  ofGod  to  the  Prince  in  his  endowments  ofmindforipe' 
Bafii.  1  $,♦.  and  pregnant,  calls  him  to  gratitude  to  God  the  giver,  and  to  a  good  and  virtuous  em- 
ployment of  them 'fo  given.  Indeed,  this  is  the  beft  cotiitruftion  Chriftian  inge- 
nuity can  make  of  extraordinary  mercy  ■,  not  to  abufe  it,  but  to  fix  it  upon  the  nobleft 
objed  God,  and  to  be  fatisfied  in  nofphear  beneath,  or  befides  his  glory  promoted 
and  charity  to  man  auxiliated  by  it.     It  was  undoubtedly  a  noble  Propofal  that  TnUy 

made 


i 

ti 


J  Commentary  upon  Fortej  ciii.  147 

mad?  to  his  mir,d,or  rather  his  mind  co  him,  when  he  though:,  Juris  eivilh  difciplinam  ^'•'<il»»  '»  M; 
in  artis  ratiomm  f>rmdme\nc  redigere  ;  And  that  hy  thefefleps,  the  whole  bodj  ofiheL'W  tati'f.iji  r* 
he  w.uld  rtftr  to  fever  al  cummon  heads,  then  reduce  every  gtneral  head  into  members,  then 
determine  the  ft ate,  ufe,  and  operation  ef every  of  them,  bvery  brave  and  generous  mind 
fhould  do  fo  by  the  memorie  of  the  mercies  oi  God  considering  them  in  the  latitude,  as 
they  are  effluxions  from  the  foveraign  bounty  of  the  Lreatour  to  his  Creature  and  then 
applying  them  to  his  condmon,and  affefting  his  foul  with  the  Obligation  of  them,and ex- 
citing himfelf  there  from  to  a  proportionation  of  every  virtue,  which  God  requires  to 
be  performed,and  when  performed,  he  prorsifes  to  accept. 

Now  this  being  the  duty  of  men  endowed  with  fuch  rare  perfections,  is  ripe  wit  and 
ready  apprehenlion.which  the  Text  calls,  ingtnii  perfpicacitatem,  the  good  Chancellour 
remembers  the  Prince  in  the  excellency  of  the  blcifing,  to  perform  the  requiry  of  the 
obligation  >,  for  that  he  had  a  ready  and  acurate  underftanding,  whereby  hecouid  \%  xeropiion.  m  ,;' 
n-myj-n  f/AvS+vHVi  &C.  whereby  he  could  eafily  learn  whatever  he  weuld,  and  retain  D*30'""  va- 
what  fo  he  had  learned,  and  diftribnte  thoft  good  parts  of  learning  he  had,  topub:iejue  good,  is 
plain  from  what  the  Chancellour, who  belt  knew  him,  intends  hereby  to  publifh  of  himj 

ea,  and  his  choice  of  Arms  for  his  love  and  ftudy  to  excel  in,  which  his  condition  told 

lim  was  properelt  to  aid,  reftere,  and  adorn  him,  unto  his  expedted  Kingly  condition, 
does  fufficiently  confirm  to  me.     For  to  the  amazement  of  all  his  Contemporaries,  he 
not  onely  boldly  came  in  the  head  of  an  Army  to  fight  the  Ufurper  •    but  when  he  by 
misfortune  of  War  was  aPrifoner,  juftified  hisfad  to  the  teeth  of  his  Oppofite ;  which 
declares,  that  he  had  ingenii  perfpicacitatem,  and  faw  that  it  was  his  i.ntereft  above  alt 
things,to  be  in  his  addiction  Martial, and  this  he  accordingly  bcing,is  faid  to  be  per/pica- 
ciffimi  ingenii,™  being  a  man  in  wifdom,  while  a  youth  in  years  >  yea,  a  Prir.ce,who  had 
a  complication  of  all  the  promiling  excellencies  of  prudence  in  him.  And  this  the  Chan- 
cellour  thus  charactering  in  him,  informs  us,  that  a  Gentleman  he  was  above  his  years : 
For  perfpicax  implyes  Prudence.     Tuliy writing  of  Palurr.edes,  fays    there  was  in  him      ,  ofR<  , 
perfpicax  prudentia,  and  the  Greeks  calling  this  by  *•«'«#«,  which  Suidas  cxpreffes  bv     l.ofc'  1*1'. 
«-3A»i;^«A^®-,  and  intends  fuch  an  infight  into  things,  as  men  have  who  look  with 
not  onely  both  their  own  eyes,  but  with  all  the  other  mens  eyes  they  can  be  helped  to 
fee  through  things  by.    And  the  Chancellour  feeing  in  the  Prince  a  more  then  ordina- 
ry Princely  fmartnefs,  (I  fay  Princely,  for  God  ordinarily  does  quahfie  them  above   such  another    . 
others,as  he  defigns  them  for  greater  charges  then  others  have)  the  Chancellour  I  fay,  Virou\ ■***»* 
perceiving  by  the  firft  appearance  of  the  Sun  in  the  Morn,  and  the  early  appearance  of  '  e  ""  ' 
bis  Ufe,  calls  upon  him  to  direA  his  ripenefs  to  a  right  object,  and  by  right  and  proper 
means,  to  wit,  the  Law,  which  he  may  fufficiently,  to  credit  himfelf  to  men,  and  to 
anfwer  comfortably  to  God,    learn  knowledge  in  parvo  tempore  &■  parvk  indufirii  ;  ,a,  icl  ,     fl- 
fir.ee  as  quick  and  intenfe  fires, make  that  warm  through  in  a  moment,  which  flow  ones  *.« .pub.  Ut.f. *' 
will  be  long  in  piercing  •,  and  Birds  fly  that  ground  in  an  hour,whith  feet  will  not  carry  W-**- 
horfes  and  men  to  in  three  :  fo  readings.and  forward  parts,  will  furnifh  aYouth  plain- 
ly to  perform  that,  which  o:hers  with  great  labour,  and  long  intentnefs  on  it,  cannot 
bring  about.    And  this  is  the  reafon  of  all  the  admirable  mafteries  in  Learning,  and  fe- 
gicity  that  fome  young  men  arrive  at ,    and  are  made  famous  by. 
Not  onely  in  Arts-  as  Papinian  and  Celfns,  who  pubiiquely  read 

the  Law,before  he  was  1 7  years  Old  ;  Marcus  A ntoninus,    who  in     Salmuth  in  Pancirol.   Tit.  to. 
the  I  Sth  year  of  his  age  did  virtlem  togam  I  hilofophi  fumere ;  that     partis  fecunda,  p.*22. 
fon  of  Janus  Drnftns,  who  began  to  learn  Latine  and  HekreVo  at     Capitolinus  in  vita  ejus. 
five  years  old,  and  within  lefs  then  two  years  had  learned   them ,     Drufius,  Centur.  1 .  Mlfctian, 
with  the  Greek.,  Coaldee,    and  SyiackJ-    at  feven  he  fo  rarely  in-     p.45. 
terpretcd  David  in  the  Hebrew  Tongue,  that  a    Aabbie  then  at 

Leyden  heard  him  with  admiration  :  two  years  after  he  read  He-     Franzins  ie  modo    legend*  $. 
ire*  without  punfts ,  and  found  out  the  reafon  of  their  ufe  :  like     £ibl. p.if  16  17. 
performances  to  this  he  made  in  the  t7r«/^and  Lttine  Tongues, 
&c.  dying  in  the  2 1.  year  of  his  age.     Yea,  in  our  own  Nation  we 

read,  that  Glanvil  began  to  be  famous  for  Learning  in  the  Law,  in     I 'it fans  ad  annum  ,  1230.  p. 
ipfa  adoltfcentia  ■,  while  but  a  young  man,    he  was  famous  for  his     307. 

judgment  in  the  Law.     Sir  Thomat  Frowick.,   Chief-Juftice  to 

H.  7.    wis  renowned  for  judgment  in  the  Law,  and  a  Judge  of  it 

befor« 


14.8  ^Commentary  upon  Fortescue. 

before  fourty  years  of  age  dying,  fliridi  juvent»te.  Add  to  thefe 
lull*  worthies  e«j/w.  in  MMitfix,  •  Grocinus  Lupftt,  vihom(a)Budsus  terms  juvennm  dcclijfimus, Sir 
l)%f.  id  Uffit  tmn .(«*  ti,.  Mm\  rhilip  Sidney.  Thefe,  and  many  others,  dead  and  alive,  riot  infc- 
imp.  :s«.  rioHrtothem,  are  Benefactors  to  Arts ,  and  to  a  Miracle,  g  ear. 

Proficients  in  them,  and  beyond  their  years.  So  in  Matters  of  afti- 
on,  youth  hath  ftrangely  been  prod. gtous;  Alexander  fubdued  the  World  be.:    :ehe 
I'cxii't'r  '"     was  27  years  °'d,  which  made  J.CaJar  rub  his  head  with  indignation,  breaking  out 
into  that  Pathetique,  Ntsvero  quid  I  Cnejus  Pompcius  in  18.  and  Off^fw  in  the  19. 
saimuth  ^  p»n- year  of  their  age  engaged  eminently  in  the  Wars.     Severus,   before  he  was  10  years 
■cuoi  p.  in.      0|(j)  rcncjre(j  himfelf egregium  militaris  difciplina  exemplum,  faith  Fulgofus,  M.Man- 
iitts  Capitelinus  before  1 7  years  of  age,  took  two  fpoils  from  the  Enemy  ,Eques  omnium 
Ul>.7.  c  18.       primus,  &C  the  firft  Knight,  faith  Plinj,  who  wore  the  Mural  Crotyn.     Count  Gnido 
In£  «  muCA  _Ranyone\s\>y  G  iraldus  tetonz  as  a  Mirrour  of  youth  thi9  way:    And  all  this  by  the 
tli^Lpl  *  blcflingofGod  on  the  pregnancy  of  Nature,    which  excites  to,  and  perfects  them  in 
nmfttmm.bi-  thefe  projects  fo  early,     tor  though  it  be  not  infallible,  what  is  con  jeftured  in  order 
*'»nu.  p"""/"  to tnc  futurities  of  youths  proofs  from  the  prefent  lines  of  their  faces,  and  lineamentsof 
their  aftions ;  but  that  it  may  not ,  aswellasfometimes  it  does,  fall  out  according  to 
judicious  prognostications,  and  judgments  on  them  :  yet  moftly  it  i9  too  true,  that  the 
£fc.*s»Ta?'t7'    viccs  as  wc'' as  virtues  of  men>  appear    >n  their  Cradles  and  Infancies.     Malmsbury 
tells  us,  Alfred  embraced  his  Grand-child  Athtlftan,  looking  upon,  and  feeing  in  him 
grounds  to  believe  excellent  things  of  him.     And  Saint  Bernard  feeing  our  H.  2.  when 
a  Child,  and  at  Nurfe  in  the  Court  of  France,  looking  on  him  ,  faid  ,  Monkifhlj/. 
j»  h  t  r  io4«     an(l  mifchicvoufly,  T>e  B'ubolo'venit-,  &  ad diabolum  ibit,  faith  Brompton.  And  all  this, 
«fo.tond.         from  that  impreffion,  which  in  Natures  order  and  method  has  been  fixed  on  them  in 
the  principle  of  their  Generation,  which  has  for  the  moft  part  fo  direft   and  vigorous 
an  influence  on  them,  in  all  the  after  choices  and  expreflion  of  their  lives,  that  they 
are  what  is  more  fuitable  to  that,  and  moftly  abhor  what  is  in  contradiction  to  it,  unlefsi 
by  divine  grace  and  natural  prudence,  they  are  preponderated.    Hence  is  it,'  that 
Children  and  Youths  of  great  wits  and  forwardneffes,  arc  either  the  comforts  or  griefs 
of  their  Parents,  the  joys  or  terrours  of  their  Governments.    For  they  being  rafa  ta- 
bula, whatever  is  firft  written  in  them,  they  retain  with  a  vehemence  affifted  by  their 
acumens.    And  fince  whatever  they  undertake,  they  perform  with  much  p!cafure,and 
r,       perfiftcnev,  they  may  be  preffed  upon  to  perform    that  parvo  tempore,  &  parv 4  indsu 
inftit.Reip»b.    firia,  which  others  not  being  fo  happy  in  a  perfpicacity  oi  Wit,  mult  without  remedy 
f. 147,1a.  De    be  longer  about  it.     And  fo  this  nofco  ingenii  perfpicacitatem,  was    the  reafon  why  he 
ne™tit0Cxcnif  tc"1  ntm,nc  may  be  fa fieienter  eruditv.s  in  legibus,  parvo  tempore,  &  parvk  induftria. 

S>uo  auddEtcr  pronuneio,  quod  in  legibus  illis  licet  cartm  peritia,qualu  judicibiu  «- 
ceffaria  efi,  vix  20.  annorum  lucubrationibrts  acqniratur,  tn  doftrinam  Frincipi  con- 
gruam  in  anno  ttno  fujficienter  nancifceris. 

This  is  added,  to  evidence  the  Chancellours  judicious  experience  of  his  affertion.and 
it  extends  not  onely  to  nofco  ingenii  perfpicacitatem,  but  to  the  whole  fcope  of  his  words 
precedentjthat  he  could  by  God's  help,  and  would  by  his  fubmiffion  to  his  Prefcription, 
make  him  undoubtedly  fufficiently  learned  as  a  Prince  in  the  Laws  of  England,  parva 
tempore, &  parvo.  induftria,  which  he  limits  to  one  year.  Now  though  it  be  a  fniall  time  , 
to  fo  great  a  task,  yet  may  with  method  fuffice  toinftruft  the  Prince 'in  that  part  of 
the  Science  of  the  Law,  which  he  calls  Viflrina  Frincipi  ttngrua,  that  is,  in  the  common 
notions  of  Law,  and  elementary  reditudc,  in  the  skill  of  preferving  the  fura  Coron<tt 
and  the  rights  of  the  Subjects  from  clafhing  and  interfering,  in  the  Sanctions  of  Par- 
liament, which  either  explain  and  clear,  or  add  to,  or  abridge  the  Common- Law,  os. 
remove  new  obftruftions,  which  incommodate  Government.  Thefe  may  be  fuffici- 
ently read  to,  and  rivetted  into  a  Prince,  annnmo,  and  (  1  humbly  conceive )  are  fuf- 
ficient  knowledge  for  him,  according  to  the  fenfe  of  the  Chancellour.  Nor  does  the 
Chancellour  in  this,  audafler  pronundo ,  fpeak  hyperbolically,  but  according  to ;  that 
gravity  and  truth,  which  the  Judgments  and  Reafons  of  his,  in  the  Year-Book  off/. 
6.  from  the  22.  of  his  Reign  onward,  record  of  him,  and  the  experience,  that  on  other 
young  men  whom  he  had  in  his  time  inftru&ed  to  fome  fuch  proportion,    made  good 

to 


dis. 


A  Commentary  uf  on  Fortes  cue.         149 

to  him,he  could  to  the  Prince  perform-,,  yea,  and  if  this  he  did  do,  he  did  nothing  but 
whac  others  lince  him  may  be  prefufeied  co  actain  to,  or  whac  is  equivalenc  co  ic.  Hop. 
ferns,  a  learned  Civilian  and  Lounfellour  co  Philip  che  fecpndof  Spai*,  undertakes  chc 
like  in  the  C*vil  Laws.  His  words  fpeaking  of  the  inftitucion  of  a  Pnnce,are  thtfe,  Ad  Lib  4.  D«  vw 
attam  rem  plurtraum  juvabit  traElatus  Pandcffhrum,    &c.     To  which  end,  she  reading  of  J"ti(P'"d  "'■". 
the  Pandtfts,  in  whii  hare  the  r riles  of  the  old  Law,  conduces  much  to  the  preparation  of  *  Dc  sPeciali  Jun* 
Student  towards  bit  procedure  ,  Jo  as  he  begin  with  the  injrnutions  ;  then  the  faokj  that  ex- 
pound the  words  and  rules  of  the  Law  ;  and  laftly    the  rubriejues  of  the  Pandefts,   Code 
&  Novel,  whiih  he  calls  the  labour  of  the  Student  the  firfi year.     '1  hus  thac  greac  Ma- 
tters whom  nay  learned  and  religious  friend  Vs.Lf-ngford,  herecofore  mentioned  ha. 
ving  throughly  fludied,  and  that  with  defign  upon  thefc  very  words  of  our  ChanceU 
lours, has  attained  to  much  (I  believe)  of  chac  which  che  Chancellour  and  Hopper  intend 
the  work  of  one  year  in  euher  Law9v  for  having  in  che  comparing  of  thefe  two  Au- 
thours  on  this  head,  made  a  kind  of  fyrnphony  between  them  ;  the  nofco  ingenii  tuiper- 
fficacitatem  in  our  Forte/cue,  with  natura,ingenitsm,  labor ,diligentia  in  his  Hopper.  And 
our  Doftrina  Principi  cctigrua  ,  with  his  ars  Regia  j  and  our  fuficienter  eruditus  wich 
his  n'c  quid  nimit.     Andour  mawis  uno  with  his  primi  anni  fiudiortim  labtr.     He  con. 
eludes,  that  che  Chancellours  auda&er  pronuncio,  is  no  boaft,  but  what  the  Chancel- 
lour lumfelf  very  well  knew  how  toeffecft,  and   whac   he  after  him,  by  God's  help 
is  able  to  inftruft  youch  co  do  :  which  chac  judicious  Authour  of  Detlor  and  Student 
promoted,    as  to  che  utility  of  its  defign,  and  the  profic  ot  ics  confequence,  in  thefc  Doflor.&stud 
words,   If  the  Noblemen  if  this  Realm  would  fee  their  Children  brought  up  in  fuel  manner     3<<  *•  '■  **• 
that  the j  jbomld  have  learning  and  knowledge  more  then  they  have  commonly  nfed,    or  have  f'1*'  *' 
in  times  pa fi,  fpecially  of  the  grounds  and  principles  of  the  Law  of  the  Realm,  wherein  they 
be  inherit,  though  they  had  not  the  high  cunning  of  the  whole  body  of  the  Law,    but  after  fuch 
marner  as  Mr.  T-ortefcue  in  hu  Book.  fh*t  he  entttuled,De  laudibus  legum  Angliar  adver- 
tifeth  the  Prince  to  have  knowledge  of  the  Laws  of  this  Realm,  Jfuppofe  it  would  be  a  great 
help  hereafter  to  the  miniftratiog  of J  uftiec  of this  Realm*,  a  very  great  furety  for  himfelf 
and  a  right  great  gladnefs  to  all  the  people.     So  Dotlour  and  Student.  .     * 

Thefc  dungs  I  note,    to  flicw  thac  fmaller  degrees  of  learning  in  the  Laws  are  fuffi-  •    " 

cicntto  the  accomplilhments  of  Gentlemen  and  Princes,  then  Profeffours  and  Judges- 
and  that  the  twentieth  part  of  chac  Science,  which  is  but  unius  ami  filia ,  the  fruit  of 
one  year  will  fuffice  for  the  one,whcn  the  fludy  of  twenty  years  will  vix  jmdicibus  fuf- 
ficire^  fcarce  ferve  to  the  neceflary  accomplifhment  of  a  Judge :  which  eminently  fets 
forth  che  cminency  of  Learning,which  a  Judge  ought  to  have,  who  after  three  Appren- 
tiftiips  of  years,  one  under  the  Bar  kgendo  &  fcribendt  ■,  the  fecond  at  the  Bar  audiendo 
&  prallice  obfervando  -,  another,  ruminando  &  mature  judicandt :  yet  how  well  foever 
he  improves  them  all,  arrives  but  at  the  title  of  Servient  ad  legem :  For  fince  the  Text 
fays,  Vix  viginti  annornm  lucubrationibus,  the  skill  of 'a  Judge  « attained ,  there  is 
great  reafon  the  judgments  of  them  fo  perfitted,  fhouldbe  in  high  value.  For  lince 
the  Judges  have  no  power  to  judge,  according  to  what  they  thinkjo  befit,  but  that  Vvhich  out  of 
the  Laws  they  know  to  be  right,  as  is  the  refolution  of  all  the  Judges  in  Calvin's  Cafe  • 
it  becomes  the  Judges  to  be  men  of  great  ftanding  and  ftudy,  as  bleffed  be  God  and 
the  King,  they  are,  that  they  may  diftnbute  Jultice  to  the  glory  of  God,  and  content 
of  the  King,  his  people,  and  their  own  Confidences. 

Firft,  then  this  time  of  ftudy  prefumes  great  parts  attained,  and  grave  experience  in 
the  pradice;as  well  as  Theory  of  the  Law  arrived  at.     lor  the  Rule  being 

M»A'  vo-n  KvwvxJkritMtcLta.tJ'fAfiJ.mt,  ihocylidts  *p«i 

1\umz\[u)  evpli  'Mvk,  T*v»rt<  <T'  iui-nytQ-.  Scobzum,  Sirm. 

UtOe  Imprud. 

M en  judge  of  things  at  th'are  in  mind  endow' 'd, 
To  Kings  in  art, judgment  of  art\aHow' d. 

And  the  Judge  being  a  Reprefenter  of  the  King,  ought  to  be  fo  qua- 
lified, that  hu  place  may  from  his  indifcrttion  have  no  disparagement       Iu im ,Mi  **"•  *'  Mth,r!t<t*m  <%»"«« 
Andthustodo,  will  require  vaft  knowledge,    noc  onely  in  Laws    SJfifcffiKK*^ 
of  all  forts,buc  in  men  and  things,  and  in  the  converfation  with;and 

H  h  operation 


tii  J.De  Morib« 


150  A  Commentary  upon  Fortescue. 

operation  of  them,  theknowledgeofthefemuftnot  onely  be,  (Avt  -nt  hiuiAtns ,  have 
4  part  in  kirn,  buc.be  the  ii  ffxof  «uro,  the  Virhole  of  him.  Tor  a  Judge  ought  to  be  the 
living  Law,  vnAihc  fpcakjng  juslice,  fo  fays  the  Philofopher.  And  this  to  be  to  all 
intents,  and  in  all  Cafes,  calls  for  not  onely  great  afiiftance  from  God,  but  great in- 
duftry  and  intentnefs  on  ftudy,  and  all  little  enough  to  carry  the  weight  and  burthen  of 
his  place.and  creditably  to  execute  it.  No  common  Cuftome  of  the  Nation,  no  Entry 
or  Year  Book,  no  Judgment,  no  Writ,  no  Title,  nothing  that  may  make  to  the  di- 
lucidationofcaufes,muil  he  be  ignorant  of:  Nay,  if  he  will  rightly  execute  his  Office, 
he  muft  be  feen  in  Arts,  Hiftones,  Mechaniques,  and  all  occafions  ofConverfation, 
that  fo  he  may  know  how  to  unriddle  the  abftrufiries  of  Cafes,and  knownvhere  frauds 
lye,  and  obviate  them  :  for  fince  that  of  Paulus  is  true,  Oninisquidtfenditur,  beni  viri 
arbitratu  dtfenditur.And  that  the  glofs  render*,  by  bonijudicis  arbitratu,*  Judg  is  to  be 
a  mod  accomphfti'd  man  in  the  gifts  and  graces  of  his  Intellect  and  Mind  •,  and  this  he 
cannot  attain  eafily  to  be,  nor  continue  to  practice,  till  the  heats  and  temptations  of 
youth  are  over,and  the  folidity  and  indiverfions  of  age  and  maturity  be  arrived  at,  which 
is  feldome  attained  under  the  age  of  fourty,or  above,by  which  time  they  may  have  a  full 
twenty  years  time  to  ftore  themfelves.  I  know  there  have  been  fome  young  men,wi» 
have  lived  little  in  time,  but  long  in  fame  j  Sc  ipio  African*!  the  Mafter  of  Africk. ,  wa« 
but  a  young  man  when  he  obtained  that  Title.  So  was  Eabius  Cunilator.  Atbclflan 
was  fuch  an  one,  whom  no  man  before  him  did  excel  in  the  ma  jefty  and  prudence  of 
Government,and  others  heretofore  I  have  quoted  Prefidents  of  it;  but  thefe  have  been 
but  rare,  as  rare  in  men,  as  fucceffions  of  brave  men  are  in  Families  -,  in  which, though 
one  Family  of  the  Curios  in  Rome ,  produced  three  Succeffions  famous  Oratours ,  and  " 
one  Family  of  the  Fabii,  three  chief  Senatours  one  after  another  5  and  the  Annti  of 
Corduba, three  Brethren  famous  for  Learning,  andexactnefs  of  Morals-  and  Tacitus 
Auguftm  continued  the  honour  of  his  Family,  even  unto  Cornelius  Tacitus  his  time. 
Yet  have  more  brave  men  and  Families  been  degenerous,  and  abated  the  fplendour  of 
their  Anceftry  by  their  vicious  imparities  to  them,  as  Zuinger  in  many  examples  con- 
firms. And  fo,  though  in  the  Law  fome  may  be  culled  out,  that  extraordinarily  pro- 
fit, and  are  for  learning,  temper,  grace,  and  integrity,  fit  betimes  for  Judges,  per- 
haps fome  time  within  the  fpace  of  10  years  >,  yet  fuch  are  but  rara  aves  (  one  Phanix 
perhaps  of  this  kind  is  in  an  Age)  generally  the  rule  is  peremptorily  true,that  a  Judge's 
Knowledge  and  Learning  is  hardly  got  in  twenty  years  time,  if  then. 

A  Judge  then  therefore  is  fo  long  attaining  his  qualifications ,  befaufe  not  onely 
they  are  many  in  number,and  different  in  nature,  but  depend  upon  fome  mafteries  of 
felf,  and  intuition  into  the  myfteries  of  things,  which  are  the  product  of  great  years, 
and  much  wifdom  collected  from  them:  while  youth  is  warm,  and  paffion  keen,  when 
the  apprehenfion  is  not  fixed,  nor  experience  has  corrected  the  volatility  of  fancy  and 
humour,  there  is  no  room  for  unmoveablencfs,  and  a  rectitude  equally  diftant  from 
the  extreams.  Now  fuch  an  equilibrioufnefs  being  the  perfect  mean  of  virtue ,  and  Ju- 
ftke  directing  a  Judge,  not  to  feek,and  affeB  the  glorj  of  clemency  or  cruelty ,  but  to  keep 
himfelf  to  Evidence,  and  to  the  truth  of  the  Law,  in  cenfure  and  Judgment  of  the  fact : 
Is  it  probable ,  fuch  and  fo  great  Mafteries  of  Nature  and  Corruption  will  be  in  young 
men,  who  arc  all  fire  and  tow,  all  tinder  and  quick-Giver,  as  in  thofe  whom  twenty 
years  ftudy  have  cooled  and  fetled  on  the  folid  and  ferious  Bafis  of  Prudence  and  Piety, 
which  onely  fits  men  to  be  of  the  Sages  gents, Gods  to  men,  J\Kcu»m*»f  ?**<*,  ^  S«m'TK, 
Servants  to  Juftice,  not  Engines  of  oppreffien  and  extravagance?  Which  confidered  , 
our  Cbarccllour  has  done  well  in  giving  twenty  years  to  the  accomplifhment  of  a  Judgi 
not  thereby  outing  earlyer  attainments  of  the  fruits  of  God's  bleffing  on  their  ftudies, 
and  the  King's  favour  in  Calls  to  the  Bench,  if  fooner  the  attainers  of  them  are  thought 
fit ;  but  to  let  the  World  know,  that  the  moll  of  learned  men  are  in  no  competent  mea-^ 
fure  qualified  for  that  truft  and  dignity',  under  that  Handing  •  and  dangerous  it  is  to  call 
men  to  that  preferment  fooner,  unlels  for  extraordinary  deferts,  leaft  they  fhould/*£ 
f-  '  M>  gravitatis  purpura  nepotari.  And  this,  as  I  faid  before  on  the  8th  Chapter*,  juftifies 
'J5>  lS&  the  Kings  of  England  in  all  times,  and  our  now  Liege  Lord  at  this  time,  not  to  make 
any  Judges  before  they  have  emerged,  and  exceeded  the  Chancellours  limitation.which 
Iamfuretheyoungeft  Judge  now  has  almoft  twice,if  not  altogether  over,  and  which 
isthcrcafon  that  the  Courts  are  fo  learnedly  filled  with  Juftices,  and  the  people  fofa- 

tisfied 


tilr.fl.adtdicfKm 
T)ij«ji./i*.}.r«  3. 
f.4»3.H  Arbi- 
tratu in  Glofs. 


Jornandes,  /if  i. 

fM'  Mt.td'i. 
Jylburg. 

T*ntm  dtatit 
tnultum  florid. 
Malmsbut  lib  i . 
De    Gcitis    An- 
glo: i.6. 
Plin./iA,  7.  t.  41. 
LiliusGytald. 
tUltf.t. 
Hiftor.  Pocta- 
tnm• 

Voptfcui  m 
Tac. 

Tbeatr.  Vita 
Humans, 

f.H41. 


^Mien/in  tut  ft- 
vtritatii ,  mtft  tit- 
mtr.tit    *Uria  tfi 
dfft&anda  ,     fid 
frtptnfo  judicit 
prtnt  quaint   rts 
txftftultt,  tfi 
ftatutndmm. 
Hoppetos.  De 
ver  jurifprud. 
f.  li    Tit.  ij. 
Stobzus,  f.  $47. 


A  Commentary  upon  Fortes  cue.  ijr 

titficd  with  the  juftice  of  their  Judgments.  So  true  is  that  of  Plutarch  ,  -jrHSmf^uh  $>  Moearch  .»  m 
in'oT»<,  Tottthis  the  feafcn  of  obedience, but  old  age  beft  befits  Rule,  and  belt  carries  on  *"f'nif"  f*n.d* 
Government.  Patif. 

Net  interim  militarem  difciplinam,  adquAm  lam  ardenter  anhelas,  negliges,  fed  e&  re- 
creations Itco,  etiam  anno  Mo  tn  ad  libitum  perfrueris. 

Here  the  Chancellour  applyes  himfelf  to  the  Prince  by  a  wife  insinuation,  adapted 
to  the  humour  of  youth ;  which  being  delighted  with  aftions  of  pleafure  and  gayety,  is 
frequently  kept  from  other  more  ferious  and  ufeful  accomplifhments,  by  the  prejudices 
it  has,  as  if  they  were  inconfiftent  with  the  other  things  of  recreation,and  externity  of 
pomp ;  which  becaufe  the  Chancellour  knew  a  dangerous  anticipation  of  his  counfej,  he 
endeavours  to  remove  by  a  calm  and  fwaviloquious  grant  of  Recreations,  and  a  com- 
petency of  time  to  Military  Affairs,  without  any  fiuftration  of  his  fufficient  accom- 
plifhment  in  knowledg  of  the  Laws  in  the  proportioned  within  the  time  aforefaid.  And 
to  good  purpofe  does  he  do  it ,  for  had  he  told  him,  that  the  recreation  he  had  chofeq, 
was  to  have  been  refufed,  that  learning  in  the  Laws  alone  could  make  him  good  in  his 
perfon.and  good  to  his  Government,  had  he  kept  him  to  the  rigid  and  auftere  Rule  of 
Study,  and  not  given  him  fome  relaxation.and  allowed  that  beftfpent,  in  what  he  moft 
deligh:ed  in,  andwould  really  find  a  great  ornament  to  him,  Military  Difcipline ,  he 
had  wholly  loft  bis  car  and  heart  •,  which  done,  all  the  reafon  he  could  fpeak  or  write, 
would  have  been  ineffectual,  becaufe  coming  from  a  Tongue  and  Pen  unfavoured,  and 
therefore  fufpecfred ;  but  in  that  he  does  fo  comply  with  the  Prince's  youth ,  and  yet 
follows  on  his  intendment,  argues  him  to  be  both  a  man  of  civility  and  fagenefs :  For 
as  labour  iswearynefs  to  the  bones,  a  punifhment  of  fin,  and  the  wafterof  life  i  fo  is 
Recreation.and  ceffation  from  it  a  re-invigoration,  or  fecond  enablement  of  Nature  to 
bear  her  burthen.  Thus  Plinjnksrecreart  for  wftaurare,  Si  enim  dtfeila  Itnguagrj- 
tudinibus  corpora  recreant ur.  Afflict" os  btnorum  animos  recreMre,  So  Tullj.  A  nd  ami- 
corum  Uteris  recreari ;  conjpetltu  vefier  refuit;  &  recreat  mentem  meam  -,  afflitlam  (3" 
ftrditam  provinfiam  erigere  &  recreari.  By  then  recreationis  loco,  he  intends  that  he 
(hall  not  be  kept  that  year  he  is  propofed  to  fet  apart  for  inflruftion  in  it,  clofe  like  a 
prifoner,or  an  Apprentice,  but  he  (hall  have  his  play- times  ^  and  thofe  not  onely  as 
often  as  he  profitably  and  ingenioufly  may  (  Rudy  alfo  being  conveniently  confidered) 
but  in  that  fb^cifique  delight,  which  he  does  above  all  others  choofe  as  his  Miftrifsand 
Darling.  lorastheeye,  always  intent  on  reading,  will  at  laft  be  weak,  though 
its  compofition  and  vifual  Organ  be  never  foftrong,  and  the  Bow,  if  always  bent,  will 
grow  weak,  and  the  Treafure  always  drawn  from,  will  in  time  be  exhauft^  and  as 
(hades  are  made  of  many  colours,which  any  one  colour  will  not  perfect :  fo  is  the  mind 
not  onely  p'.eafed  with,  but  refrefhed  by  variety  ^  and  therefore,  as  wife  phyfitians 
prefcribe  nophyficktothebody,  but  fuch  as  it  will  bear  {  nor  no  oftner  to  repeat  it, 
then  they  find  morbid  matter  adhering,  and  then  the  ftrength  and  fpirits  of  the  Patient 
will  permir,  but  prefcribe  intervals  by  which  the  body  is  reftored,  and  the  ftrength  in 
fome  meafure  recuperated :  fo  do  wife  Tutors  gratihe  their  Pupils  with  fuch  refrafti- 
onsot  them  from  their  intentnefs  on  ftudy,as  may  make  them  come  to  it  frefher,  and 
continue  at  it  willinger,  firc.e  by  them  they  are  made  more  apprehenfivc  of  their  read- 
ing, and  more  emulous  to  deferve  wcll.which  they  are  fo  kindly  dealt  with.  Though 
then  our  Chancellour  did  prefs  vehemently  for  the  Princes  training  up  in  the  know- 
ledge of  the  Law,  and  that  by  an  intentnefs  of  mind  for  one  year,  in  which  he  (  fo  in- 
genious  and  docile)  might  be  by  the  Chanccllours  method  taught  it-  yet  did  he  not 
defire  all  that  years  time  to  theLaw.but  allowed  him  part  of  it  to  matters  of  Arms  and 
Chivalry,  part  to  Devotion  and  Piety  part  to  Food  and  Neceffity,  and  part  to  Friend- 
tTiip  and  Courtefie ;  which  he  I  fuppofe  did  in  a  method,  much  like  that  my  worthy 
Friend  \At.Langf»rd  has  imparted  to  me.and  he  himfelf  has  profitably  difciplin'd  young  %  ""i™! 
Gentlemen  in  Grays- Inn.    The  natural  days  14  hours  he  thusdiftributing. 

From  5  in  the  morning  to  6 .    Ad  Sacra.  #egin  with  God  by  reading  andprajtr. 
From  6.  to  9.    Ad  Jura.  Read  the  Law  carefully  and  underftaudinglj. 
From  9. to  1 1.  Ad  Arma.  Carry  on  harmlefs  ails  of  Manhood,  Fencing,  Dancing  ,&c. 

Hh  2  ,  From 


Z.tf.11  «.i|.  7, 
JM.II.  A  I.  a. 

^id  Attic,  lib j  j 

II, 

Tr«  Plane 

J.  Ve». 


A  Bencher  of 


ijfc  A  Commentary  upon  Fortescue. 

from  1 1,  to  12.  Ad  Arte s,  Forget  not  Acadtmiaue  learning,  Logick.,  Rhetorical 

From  12.  to  2.   AdViBum,  Eat  feafonably,  moderately,  and  allow  time  todigefl. 

Froma.t0  5.  Adamicitias,  V "t fit  civilly  jour  friends,  And  repay  kjndneffe  i„  kind. 

From  5.  to  6.  AdArtes,  ReadW^ry,  Poetry,   and  Romances. 

From  6.  to  8,  Ad  Villum,  Take  food  often,  but  not  much,  nor  heavy. 

From  8.  to  9.  Ad  Repetitionem  &  Sacra,  Repeat  your  farts,  and  fa) ijonr Prayers'. 

From  9.  to  5.  AdNoRem&  Somnum,  Te  Bid  be  times,  and  rife  betimes  again. 

Which  proportion  of  the  dayesof  a  yearexaftly  kept,  will  not  oncly  allow  every 
part  of  life  its  due  (hare  ■,  but  determine  to  the  Princes  Comfort  and  Content  that  En- 
gagement, and  the  poffibility  of  performing  it,  which  was  by  the  Charxellour  made  in 
thofe  preceding  words,  parvo  tempore  &  parva  iuduftria.  And  fo  concludes  the  eighth 
Chapter. 


Ai 


CHAP.   IX. 

Secundum  vero  Princeps,  quod  tuformidas,  confimili  nee  majori  opera  elidttur.  Du- 
bitasnempe,  an  Anglorum  Legum,  vel  Civilium  fiudio  te  confer as,  dum  Civiles 
fupra  humanas  cun&as  L'ges  alias,  fam*  ptrorbem  extollat  gloriofa. 

S  the  firft  difanitnation  of  the  Prince  was  taken  from  the  perplexity  of  the  taws  • 
_  ftndy,  and  the  fuppofed  impoffibility  of  conquering  it  to  any  tolerable  perflati- 
on in  (hort  time  and  with  moderate  ftudy  ;  fo  the  fecond  is,  whether  Law  the  Prince 
fhall  choofe  as  the  fubjeft  of  his  Study,  whether  the  particular,  Infular,  Municipe  Law  ■, 
which  no  Nation  knows  or  owns  but  England  alone,  or  the  civil  Lawes  which  are  the 
Lawes  of  the  Continent,  and  to  which  almoft  all  Nations,  and  the  learned  men  of 
them  generally  fubferibe. 

This  I  confeffeis  a  rational  fcruple,  and  that  which  in  point  of  choice,  a  man  of 
parts  and  (ingle  eye  who  unengaged  feeks  truth,  and  would  bottom  his  adions  there- 
upon, would  be  diligent  to  feek,  and  re  joyce  in  the  obtainment  of.    For  Good  being 
the  end  of  mans  defire  and  aftion,  and  it  being  depofited  in  the  Lawes  of  God  aad 
Nature,  whence  all  aftive  good,  that  of  Prudence  and  Conduft  is  extracted :  to  chufe 
the  beft  Method  of  them  is  the  higheft  Aft  of  Concernment,  next  the  fouls  affairs,  man 
can  be  imployed  in.     This  the  Perfpicacity  of  the  Prince  diving  into,  conveyed  fuch) 
doubts  into  him,  that  he  could  not  jurare  in  verba  Magifiri.    and  take  his  Chancel- 
lor's choice  till  he  had  concofted  the  Arguments  he  propofed  to  his  Solution,  and 
Satisfaftion  therein.    And  truely,  if  it  be  considered  what  Tully  fayes  of  the  civil  Law„ 
O  rem  prtelaramvobisqueretinendam  Radices,  &c.   O  the  Divinity  of  that  Law,  -which 
"tl'di&'pn"™ f.  yet,  O  Judges,  aretokeeep,  as  your  Jewels  and  life;  fuch  it  is,  as  neither  favour  will 
u.Edit.BafJ.      bend,  nor  powtr  break^,    nor  money  corrupt,  Vthicb  if  removed,  all  right  and  propriety 
FibtinasJuBi-     ceafes,  and  all things  fall 'into  Confufton,  thus  Tully:  And  if  what  infinite  other  Au- 
niamij  in  i*d>c   thours,  and  the  wiieft  Nations  01  the  Continent  have  of  honour  done  to  this  Law,  be 
jZ^'ipiio.   nere  rehearfed,.  it  would  make  many  Volumes,  and  extrude  the  fries  of  my  intention? 
2m.'      'in  this  Commentary,  and  may  well  {tumble  a  young  Prince  which  of  the  Lawes  to 
poffevinusBibii-   cnufe,  at  lealt  to  refute  the  civil  Lawes.  which  fo  great  Governmentsdo  admit  to  their 
°f!Ti»!e&fiq.  regulation:  and  this   effeft,  I  fuppofe  by  the  words  of  the  Text- Mailer,    this  de- 
tdfinmp.iso.      bate,  and  irrefolution  of  the  Prince  in  his  choice  (  fuppofing  him  free)  had  on  him  ; 
for  elfe  the  Chancellour  would  never  hare  dehorted  him  from  perturbation,  which  he 
calls  mentis  evagatio,  a  wander  of  the  minde  from  its  rational  Baiis,  and  itsftationof 
Confidence  againft  paflion,and  the  diftortings  of  it.  For  fince  the  Prince  had  long,  and " 
fruitlesly  (as  he  thought)  waited  God's  return,  which  the  heighth  of  his  forward  youth 
would  ripen  fooner  then  Omnipotence  pleafed,  fince  hefaw  another  in  his  Father's 
Throne  befides  himfelf,  and  was  greedy  to  contend  and  evift  that  which  was  fuppofed 
his  right ;  this  confidered,  I  fay,  may  give  us  fhrewd  fufpicion,  that  the  Grave  Chancel- 
lour faw  him  impatient,   like  that  ill-ndvifcd  man  in  2  King .  vi.  laft  verfe,  This  evii 
tomes  from  the  Lord,  Vthy  Pould  I  waite  for  the  Lord  any  longer  ;  and  ma  hurry  and 
ftorm  of  paffion  meditate  to  be  revenged  of  the  Lawes,  the  facrcdnefs  of  which  teem- 
ing 


'^Iftid  Budxum  in 


^Commentary  upon  Fortes  cue.  152 

ing  to  fhrowde  his  Antagonifts  poflefiion,  m?de  his  acceffion  upon  him  more  difficult. 
This  probably  the  old  Char.ccllour  fadly  confidering,  occasioned  his  Counfel  of  recol- 
le&iwi  to  the  Prince,  not  onely  to  allay  the  prefent  fervor  of  his  youthful  Mettal,  but 
to  convince  him,  that  when  he  had  bufsled  all  he  can,  and  fretted  his  minde  into  a 
tempeftueus  heat,  hazzardingalltheferenity  of  bis  hopes  and  the  comfort  of  God's 
Reverter  in  mercy  to  him,  he  could  do  nothing  Princely,  but  what  muft  and  ought 
to  be  legal  and  juft :  and  this  he  tells  him  is  in  the  Lawes  C  afe  refolved,  paft  doubt  or 
alteration ;  As  a  man  that  is  married  cannot  ufe  his  Wife  as  he  pleafe,  but  according  to 
the  Nature  of  Marriage,  and  the  right  of  the  Privileges  thereof-,  fo  the  King  of  En- 
gland cannot  falvo  Sacramento,  falvo  Jure,  [Alva  Ccnfcientii,  change  the  Lawes  of 
Sis  Government  at  his  pleafure,  but  does  and  holds  himfelf  obliged  to  do  nothingre- 
gally,  but  what  legally  he  may,  which  he  not  being  able  (falvis  his)  to  do,the  QueftU 
on  is  anfwered  in  the  Negative, ,  Nm  potefl  Rex  Anglit. 

Nam  nenpotefi  Rex  Anglir,  ad  libitum  fuum  Leges  mutarcregnl  fui.     Principattt 
namque  ncdum  rtgali,  fed  &  politico  ipfe  fuo  poptth  dominatur. 

Thi»  the  Chancellour  wrote  not  to  aflault  or  leflen  the  King's  power,  but  to  render 
it  by  its  foftand  gentle  Edge  not  onely  lefle  terrible,  but  more  obliging  to  the  Subjeds, 
towards  whom  it  eipreffes  it  fclf  fo  merciful^  and  truly  did  I  not  humbly  refolve  by 
God's  grace  aflifling  me,  to  be  juft  to  truth,  and  modeft  to  the  great  power  of  my 
dear  and  dread  Soveraign,  it  would  have  become  me  rather  to  do  by  this  fubje<ft,  as     , 
Tatrcclus  did  by  Achilles  his  Spear,  not  meddle  with  this  of  any  to  comment  on.becaufe  .  V"  " 
itisfoeafie  to  err  about  it  :    Bnt  as  I  humbly  implore  the  wifdom  of  God  to  direct  irJh(J-¥"%v 
me  to  write  the  words  of  truth  and  fobernefs  •,  fo  do  I  in  all  humble  reverence  to  the  T"'  ***.  *.  0i 
Ma  jefty  of  my  Lord  the  King,  beg  his  pardon  and  favour,  that  what  I  write  may  be  !Vr  a)t, 
<fteemed  to  proceed  from  a  Juftice  and  Loyalty  ,    which  aims  at  nothing  but  the  real  **"*)!' j-u  £," 
explication  of  the  truth  herein  ■,   to  which,    fince  the  Text  leads  me  ,     and  a  truth  UJj  jX  '\L 
there  is  much  to  the  illuftrationof  the  excellency  of  the  Monarchy  of  this  Nation  re-       "  ?jr   ■ 
ported  in  it ,    I  will ,  with  all  ingenuous  modefty,  write  a  few  words  of  it.     And  the  *m.ui   ^c  n' 
Claufe  analyfes  it  fclf  thus.  mHtJ*' 59 

Firft,  there  is  the  fubjeft  matter,  or  the  noble  thing  he  fpeaks  of,that's  a  King,  and  a 
King  of  England.  Secondly  .there  is  the  negative  predicate,  what  this  King ,  and  King 
of  England  cannot  do,  nonpetefi  ad  libitum  fuum  leges  mutare  regni  fui.  I  hirdly,here 
is  a  productrtm  of  the  reafon,  why  thus  hecannot  do,  he  is  Rex  A»giu,  xksx.'s*rgn- 
mentum  ab  officiojnd  then  they  are  leges  regni  fui,  and  thence  arifes  the  Subjects  intereft 
in  them.The  Kings ,with  theconfentof  the  three  Eftates  his  Subje<3s,has  accepted, and  m  i  £'<*..  c.  3: 
Parliament  made  them  •,  and  though  he  could  have  denyed  his  confent,  and  fo  not  have 
made  them  Laws;yet  having  orce  pafled  them,they  arc  not  to  be  altered  at  his  will.be- 
caufe  the  fubjeft,  for  whofe  good  they  are,  is  concerned,  &  nihil  potest  Rex  ejttdm  quad 
de  jure  potejt.     Thefe  Heads  takeup  the  fenfe  of  the  Claufe. 

Rex  Anglitt;  This  is  the  Title  of  the  mighty  Monarch  of  Eng-     2  5  #.?.  do.  i6c.\.  22c. 16. 
land,  whofc  Imperial  Crown  is  a  Monarchy  independent  on  all  but     34  H.8.  c.  1 2.  25  H.  8.  c.  22. 
God  :  And  as  it  is  a  Monarch,"  the  beft  of  Governments ,  becaufe     1  M.  1  Sejf.  e.  4.     1  Eliz.  1. 
the  Government  of  God  over  the  World  ■,  fo  is  it  the  beft  of  Mo-     1  fac.c.  1.5  Report  de  JurcRegis 
narchies,not  pnely  in  regard  of  temperatenefs,  but  fucceffion  :    A     Ecclefp.qo.b.StobausSerm.+o. 
Monarchy  it  is,  in  which  the  Image  of  God's  glorious  Soveraignty     pbilo  Hb.Dc  Monarchia. 
refembles  its  protoplafi,  being  made  fuch  as  it  is  by  his  mercy,  and     Crockjer  in  Thef.Aphorif.  Poli- 
ty the  clemency  of  the  Monarchs  of,  and  the  Laws  in  it.  A  Govern-     tic.  lib.  1 .  c .  3. 
tnentitis,  not  fuch  an  One  as  the  Philofopher  calls   <tMK<mt  /Mm?-     Contz.cn.  lib.  1.  Politic.c.  21. 
%}*{,     the  blot  and blewifh  cf  Kingljnefs ;  but  fuch  an  one  as  an-     Lipfius  in  Politic,  c.^p.zy. 
fwers  every  end  of  God  and  Man,  a  Kingdom  wherein  •  Ba-nMut     Arifi.S  Moral,  c.  12. 
*kV«£,  the  King  is  the  Keeper  of  Order  and  Religion,  peace    and     FUinus\n  Platonis  Politic. 
property,  and  the  people  ki.pt  by  him  are  his  faithful  Lieges,  to  de-    8  Moral,  c.u. 
fend  his  Title  in,  andtothefaid  Imperial  Eftate,  Place,  Crown,  and 
Dignity,    in  all  things  thereto  belonging  at  all  times,  to  the  uttermejl  »f  our  pofliblc  powers, 
And  therein  to  fpend  our  Bodies,  Lands,  and  Goodt,  agninft  all per fenswh At foevtr,  that  any 
thing  /ball  attempt  to  the  autrary.    They  are  the  words  of  the  Nation  in  Parliament, 

Stat. 


154-       A  Commentary  upon  Fort'escui. 

Stat,  i  Eliz..c.  3.  confirmed  by  1  Jacob.  r.l.    Thus  happy  is  the  Kirgof  England, 

that  he  rules  the  valiant'ft  people,  the  riehelt  fpot,  by  the  renowncd'ft  Laws,  andin  the 

religioufcft  mtthod  of  any  Monarch  in  the  World.     For  it  is  a  principle  congenial  to 

m  the  ttne  Law   Our  Kings,  not  cnely  to  delight  to  rule  their  SibjtQ:  by\he  Law  ,  but  even  conform  them- 

of  fiee  Monat-  frfves  in  their  afticus  thereunto,  always  keeping  that  grot:  ndt    that  the  health  of  tht  Com- 

Jr.'-fol!'  """  men-wealth  be  their  chief  Law.  So  faith  King?  ames . 

Since  then  the  King  has  the  power  of  Arms,  Courts,  Coyn,  Juflice,  both  in  criminal 
and  judicial  matters  •,  lor  they  are  all  by,  and  under  him,  adminiftred   and  actuated; 
that  yet  notwuhftanding  all  this,  hefhouldkeep  himfelf  within  the  bounds  of  Juftice 
andK'ercy,  argues  him  highly  blefled  of  God,  and  defervedly  beloved  of  men.     Sir.ce 
Him  coi.  /.«.       as  a  King,  he  is  above  tht  Law,as  the  anthour  and  giver  of flrtngth  thereto :  yet  as  a  King 
of  England,  bears  the  limitation  of  Laws  of  his  own  fret-will,   though  not  bound(i&  Others) 
fft  c  t    of  thereto.  Whxhconi'Actcd.dieChanceftour'tnegativef  radicate,  is  a  truth,  in  a  qualified 
fndia'ment ',' °    fenfe,  NonfoteB  ad  libitum  fuum,&c.  For  ntn  potefl  docs  not  refped  the  abfolute  and 
t.\}t.c.  ofsimo-  ftridrpowerofaKing,  for  then  who  of  his  Subjects  fhall  dare  to  withftand  hrspleafure, 
ay.i-.iH.  af^  jmoc£ic  nis  refolucions  any  more  then  a  Whippit  dare  ruffle  and  enrage  a  Lyon,  or 

a  Smelt  contend  with  a  Whale.    As  God  over  the  World,  fo  Kings  over  their  Subjedh, 
have  an  omnipotence  not  to  be  difputcd  with,  but  adored  by  them.     1  f  David  will  eac 
the  fhtw-  bread,  which  is  onely  the  viands  of  the  Priefls,  and  take  the  Wik  otVriah, 
cook  x  inftit.     which  is  the  proper  treafure  of  her  Husband,  there  is  no  oppoling  him.     But   the  mn 
Not«  bo  29!     fitefi  is  with  refpeft  to  lenitive  Concomitants  of  abfolute  Kingfhip,  reverence  to  God, 
chapter.  M*gn*  vfracjty  to  t|lc  Coronation  Oath,  valuation  of  Juftice,  and  honour  with  men,  Peace  itu 
c  *>t*.  f.  +7.       ^^  prince's  Conference.     All  thefc  come  in  to  modifie  the  mn  p°trfi,  and  to  put  weight 
upon  it,  fo    as  to  make  it  as  the  Centre  of  the  Earth  unmovable.     And  this    is  thac 
which  the  Kings  of  England  have  not  onely  confented  to  themfelves,  and  ftuh  their  con- 
•     u  on  hit  ^cnt  confirmcd  by  Oath,     /  think  my  Oath  fully  difcharged  in  that  point,  bj  my  govtrning 
Maieftieare" -"  enely  by  fuch  Laws,  m  my  People,     with  the  Bou ft  of  Peers ,  have  chofen  ,  and  my  ft  If 
iing  from  wtB-  hAVe  confented  toSo  the  martyr'd  King  Charles  ■,  but  fworn  alfo  their  Judges  to  obferve 
j»f  m,M»m  J»    in  their  delegations  of  power   to  them-      Tt  Jhall  fwear  ,     that  weS  and  truly  ,  ye 
fiiutnorum,  Jhall ferve  our  Lord  the  King,and  hit  People ,  in  the  Office  of  fuftict,  8cc.  and  after,   and 

"  £  '"  that  ye  deny  to  no  man  common  right  by  the  Kings  Letters,  nor  none  other  mttns,  nor  fur  none 

ether  canfe,   and  in  caje  any  Letters  come  to  you  contrary  to  tht  Law,  that  ye  do  nothing  by 
fuch  letters,  but  certlfie  the  King  therecf,   and  proceed  to  execute  the  Law \notwithft anding 
the  fame  Utter st  are  the  words  of  the  Statute,  18  E.  3. and  if  the  King  cannot  rationally 
-    and  politiquely  command  his  Judges  to  judge  againft  Law,  beraufe  they  are  difcharged 
by  the  Kings  own  Laws  from  fuch  commands,furehc  that  is  the  fountain  of  Juftice,can 
not  reafonably  and  plaufibly  approve  that  in  himfelf,which  he  condemns  in  his  Minifters, 
KinA  AnfVM     F°r  f^e  King  willcth  that  right  be  dene,  a.  cording  to  the  Laws  and  C«ftcms  of  the  Realm , 
to  the  Tunic  ,f  and  that  the  Statutes  be  put  in  due  execution,  that   his  Stibjdls  may  have  no  canfe  to  com- 
%(j»._  id  car.      p/ajn  cfatly  wrong  or  opprtfftons,  contrary  to  their  juft  rights  and  liberties  -,  to  the  preftrva- 
p:wi"  '"'        tun  whereof,  he  holds  kimjeif  in  Confcicnce  as  well  obliged,  as  of  his  Prerogative.  So  that 
our  Char.celloursH9»/>6r<y?vis  but  in  other  words  thus  much,  fince  the  King   rules  by 
Law,    and  Parliamentary  makes  and  repeals  Laws,    &c.    the  King  cannot  law- 
fully ,  ad  libitum  leges  regnifui  mutarc.     And  the  reafon  is  twofold  ■,  Firft,  Quia  Rex 
King^»«'s        Anglia,  he  is  a  King,    not  a  Tyrant,   and   ah  Kings  that  are  not  Tyrants,  or  perjured, 
spe«h.  :«o9.      will  be  glad  to  bound  themfelves  withinthe  limits  of  their  Laws-,     a    lawful    King,    not 
work's".?/;/        an  Ufurpcr,  King  of  England,   a  Lar.d  of  freedom  and  riches,   God's  Earthly  Weftern 
Canaan,  Regnum  Anglia  re gnum  Dei,  w;.s  an  old  faying,  and  he  ruling  as  God  does, 
cook.i  inftit.  on  by  a  I.aw,  and  that  a  juft  convenient  and  wife  Law,  which  anfwers  all  purpofes  of  Go- 
M^Ta'trta,     vernmenccannot  change  that  Law.that  is,  bring  in  another  Law  in  room  of  that  by  his 
P  47-  Will  and  Prerogative  •  r.or  fhall  he  need  to  do  it,  or  have  any  of  the  Kings  oiEnglandf 

that  I  have  read  of,  attempted  to  do  it.  "lheLawsof  England  being  fo  fitted  to  the 
pcople,that  the  Oracle  of  Monarchy  fpake  and  wrote  it,  That  the  grounds  of  the  Com- 
ffnl.'  l6°?  Lavs  of  England,  are  the  btft  of  any  Law  tn  the  World,  either  Civil  or  Municipal ,  and 
the  fitttflfor  this  people,  and  fo  fubfidiary  to  the  honour  and  fecurity  of  the  King,  that 
no  t<iw  can  be  mere  favourable  and  advantageous,  and  extendeth  further  his  Prerogative 
»?*"•  "'  then  it  doth;  and  for  a  King  of England  to  defpife  the  Common- Law  ,  istOMegUB  hi  sown 
Crown.     And  thus  the  non  pctffi  refers  to  Prudence,  prndenter  &  utiliter  mn  pttcjr,  aula, 

Rex 


A  Commentary  upon  Fortes  cue.  155 

Rex  AngH<e,nnd  ought  co  advife  what  is  good  for  him  and  his  people.  Secondly,  Co»- 
fctcr.tertun  pete  si ,  becaufe  they  are  Leges  Regis,  in  regard  of  emanation,  fontality, 
andfan&ion;  and  Regni,  in  regard  of  application,  appropriation,  and  intereft :  by  all 
which,  iubje&s  are  fo  inferred  into  the  propriety  of  them  ,  that  they  cannot  be  legally  c«Ws  cafe, 
taken  from  them,  (and  illegally  they  mult  be,  if  without  their  confent  altered)  with-  7Rep./>.i7.l>. 
out  great  difhonour  to  their  Violators,  and  great  provocation  of  divine  vengeance  up- 
on it  j  which  the  piety  of  our  Monarchs  confidering^ver  abhorred.For  though  in  fome 
times,  and  upon  heats  and  cholers, there  has  been  lomewhat  interpreted  like  a  tendency 
that  way-,  yet  has  it  ever  been  but  znembrio,   and  fobnturn'd  into  ruineofthofe  that 
advifcd  it.  Tor  the  Common  and  Statute  Laws  of  England  are  in  the  mafs  and  bulk  of 
them  unalterable,  being  fundamentals  of  all  Englijh  Order  and  Authority,  which   is 
the  caufe  our  Text  fays,»s*  poteft  Rex  Anglix  ad  libitum  fuum  regni  leges  mutare. 

Which  words  are  not  rigidly  to  be  taken,  as  if  the  Chancellour  by  them  fully  difleifed 
Regality  of  Nomothetique  and  Regal  Power  in  their  legal  fenfe  ■,  and  as  according 
thereto  our  brave  Princes  have  juridically  expreffed  themfelves.for  then  theMajefty  of 
the  Crown  would  not  be  fuch  and  fo  Imperial,  as  the  preallcadged 

Authorities  aflcrt  and  confirm  it  to  be  ;  or  as  if  the  Chancellour  N*iuieSe,it*firiiipf,»t,  «  «*«»  «/■» 
thought  the  Syftem  of  the  Laws  in  his  time,  fo  compleat,  that  ao  jfigZ  j^SS^S^'. 
addition  could  be  made  to  them,  no  explication  be  made  of  them :  '»""  \fiq<*<d  extra  uacaUt,  dee*  mm- 
for  to  dream  of  that  had  been  altogether  abfurd ,  fince  no  wifdom    fT'°'"  ""  '"f^"!'  ''"""  f"1"Z 

r  n  e  t  c  '    t.e  t  m*m  mwj  legibus  fecuiuUriii,  cjH*  ex 

of  Law-makers  was  ever  lo  exact,  no  metnod  01  Laws  io  ablolute,    fnmmm  dedummm.  Hoppew*.M-4. 
but  fome  cafus  omijfi  have  been  difcovered  in  them,  to  which  Addi-    De  Vea  JutifP- T"  »# 
t ions  and  Declarations  have  been  in  fupplement,as  appears  not  ©ne- 
ly  by  all  Adts  of  Parliament,  made  in  fucceffion  of  time,  butisalfoin  words  fet  down      , 
in  the  Statute  i 5  H.  8.  c.  2 1.  No  fuch  intent  had  the  Chancellour  in  his  nan  pet  eft  mu,- 
tare  leges  to  affert-,  for  unreafonable  it  had  been  fo  to  have  written,  fince  Laws,  as 
Garments,  are  good  and  comely  in  fome  Ag«,and  in  fome  temper  of  Affairs,  which  in 
others  are  ridiculous  and  cumberfome :  yea,   if  this  latitude  were  not  allowed  Princes 
politiquely  to  do,  no  obviation  could  be  of  emergent  raifchief,  no  provisions  be  made 
for  reward  of  occafional  virtue.  Both  which  power  has  occafion  to  apply , as  to  its  judg- 
ment feems  fit.    And  therefore  the  Chancellour,  as  a  man  of  State,  and  Law  know- 
ledge, intends  not  his  nonpotefimutare  leges, Sec.  thus  to  be  underftood  :  no,  nor  does 
he  by  mn  poteft  Rex  AnglU,  take  upon  him  to  infirm  the  Crown, 

and  make  it  defefiuous  in  any  point  of  neceffary  and  juft  dominion    ^di<,mim»m  »«« est  utes****',  <fui 
overtbeSubjeftsofit:     Foras  in  Divines  difputes  about  God's    ^SSSt^^fSl 
power  ,though  it  be  ufual  for  them  to  fo}, God  cannot  da  any  thing  that    fecund*  St.  f  hom.  n.  duUmmu,  p.  si. 
imply ts  contradiction  5  yea, that  it  is  impofjible  for  God  to  I je, becaufe  he 
is  truth  itfelfyet  they  mean  the  imponibility  to  be,ex  parte  rei,non     Grot  in  Heb  (  u 
ex  parte  Dei,  net  from  any  defect  of  divine  pewer  •  fedab  ipfa  rerum, 
<iti/rctgiz,but  from  the incompatibility between  truth  and  a  lye.     For    , 

God.as  Lord  of  all,  can  by  his  eflential  abfolute  power,  do  what  he     ut.  Arragon. .»  Semmt.  §»*n.  «.  t> 
will-    and  when  it  is  faid ,  he  cannot  do  any  thing,    'tis  not  ex  de-    f  "«?'»&",  &  t,m,rii.*„.  i.f.tt*. 
fettu  potentU  ejut,    fed  qtiut  repngnat  fatto  in  quantum  factum,  vel  in 
quantum  tale,  as  the  Schools  lay.    So  in  this  cafe  of  the  Kings,  non  poteft  leges  regni  fui 
mutare,o\ir  Text-Mafter  intends  not  to  difpute  what  the  King  in  the  heighth  of  Ma- 
jefty  and  of  abfolutcneft ,  quit  God's  Vicar,  may,  or  may  not  do,  for  that's  between 
God  and  him,  and  to  that  God  onely  fets  hounds :    but  that  which  the  tun  fote(l  refers 
to,  is  fuch  a  power,  as  he  himfclf  that  is  King ,  has  in  the  Law  admeafured  out  to  him- 
felf,  and  fworn  to  obferve  inviolably,  and  to  caufe  others  to  fee  obferved.     Concern- 
ing this,  glorious  King  Charles  wri  tes  thus  :     I  never  was  counfelled  (quoth  he;  by  any,  *$$™,t£„ur. 
to  alter  the  leaft  of  the  Lavs  t/England,  much  left  to  alter  aKthe  Laws  :    nay,    I  tell  yon  E.stt.  M»,  i«»i! 
this,   I  think.no body  ditr ft  ever  be  fo  impudent,    at  to  move  me  to  it  -,    fir  if  they  had,  I  '*'''*'" 
Jhonld  hare  made  them  fitch  an  example,  and  put  fuch  a  mark,  upon  them,  that  all  Pofterity  e' '°* 
Jbouldknow  my  intention  was  ever  to  govern  by  the  Law,  and  no  ttherwife.  Thus  he.     And 
therefore,  as  the  Kings  of  England  are  Fountains  of  Juftice  and  Law,  and  from  them, 
with  affent    and  confent  of  their  Sub  jeds  in  Parliament,  Laws  of  publique  good,  and 
private  reftraint  are  made,  in  which  the  King  is  pleafed  to  ratifie  that  Afaxime,  Nihil 
potejt  Rex  in  terris  quam  quod  de  jure  poteft. So  I  fay,  thefe  things  confidcred,  the  Chan- 
cellor 


«u  Catoli, 


1^6        A  Commentary  upon  Fortescui. 


tMlwn't.ctfc, 
7  Rep  p.i 7. 


1  InAir.    Cliapr. 
Flatiety,  f  »oS. 

Speech  to  the 
County   of  Ntt- 
ttrifhtm.  t«4l. 
T^W<4;.  Carolina;, 


Coo^f.  part,  In- 
ftit.  c.  i.f.  15. 
a  Inftir.y. 554  on 
Sta:,i.)f</fmm. 


JJ  H.«.  JJ. 
I)  £<t.  1.  Stat.  1. 

II  £.  I- 

a  Inftit.-f .  i<9. 


1  Inftit.  »■  1I7. 


Qui  twutti  t*n- 
£11.  Mb  omnibus 
traSdri  dtl/tt. 
~Hg  fma  ■ 

SiVTho.  Smith, 
l)e  Rep.  Alitor. 
lib  l.  «t,J. 

a  Inftit./--  Ho- 

Anlwer  to  the 
fttiiun  of  T^btj 
id  Caroli.  rout- 
tin,  p.  14)3. 


Stobxus,  ■?«•«. 
41.  p  1+1. 


EicmHafit.  C.J. 
upo  1   palsing 
the  Bill  for  a 
Tritnmat    tarli*- 
mint. 


ccllour  makes  bold  to  fay,  and  1  from  him,  both  of  us  in  all  humility,  that  the  King  of 
England  cannot  akcr  any  or  all  the  Laws  of  England -,  by  his  own  power,  becaufc 
there  is  no  power  but  Parliamentary,   can  alter  any  one  Law,    much  Itfs  the  whole 
Laws  (  as  was  the  defign  oi  William  de  la  Pool,  Duke  of  Suffu.'k.,   in  our  Chancellour's 
time;  to  have  done,  and  in  room  of  them,  to  bring  in  the  Civil  Laws,  which  Mr  Edm. 
Cw^.  (ays  was  the  occafion  of  our  chancellour's  writing  our  Text  in  the  commendation 
oftheLawsof  England.  )     Becaufc  whin  Laws  be  altered  by  any  ctber  Authority,  then 
that  It]  fyhich  they  wfre  made, your  foundations  are  diftnjtd,  faid  our  once  i.oble  Km". 
Now  if  foundations  he  ant  of order ,  what  /ball  the  righteous  do ,    is  a  Scripture  phrafe 
implying  good  mens  fad  condition,  then  furely  to  keep  them  in  order,  is  the  way  to 
make  them  happy,  and  that  is  by  the  good  old  way  of  making  and  repealing  Laws  by 
King,   Lords  Spiritual  and  Temporal,  and  Knrghts,  Citizens,  and  Burgcjfes  in  Par' 
liament :  all  other  new  Doctrine  is  Apocryphal.    For  other    foundation  then  ilns  of 
making  new  Laws  additional  to  the  common  and  cuftomary  Laws,  or  repealing  any  of 
the  common  or  cuftomary  Laws,  I  humbly  am  bold  to  fay  ,  I  know  no  man  can  fafely 
or  learnedly  lay.    And  therefore  if  the  non  potcfi  be  here  applyed  to  the  King,it  is  not  in 
diminution  of  his  power,   God  forbid,  (that  is  facred,  and  not  to  be  fpoken  of  but  with 
reverence  Jbut  in  declaration  of  his  jultice.condefcention,  and  piety  to  his  people  who 
in  thus  retraining  himfelf,  doth  like  a  kind  lather  for  his  Children  Subjects   good: 
and  thus  are  to  be  underftood  the  words  of  the  Statute  of  Allen  B  term  I,  The  King  hi 
himfelf, and  by  hit  Council  hath  ordained  ■  and  the  words  of  the  Statute,  Quo  Warranto 
wherein  de  gratia  fuafpeciali,  is  faid  by  Sir  Edw.Cocle^,  to  hind  the  King  in  this  particu- 
lar of  hit  Prerogative,  Quod  nullum  tempus  eccurrit  rtgi.     So  are  the  words  to  be  un- 
derftood,  1.  Weftmnfier  1  5.  where  the  Act  being  penned,  in  the  name  of  the  King,  and 
the  King  commandeth,  therefore  the  King  b'mdeth  himfelf  {  faith  Sir  Edw.C*i\)  n>t  tedi- 
fturh  any  Elellors  to  make  free  Eletlions  ■,  and  fo  is  to  be  underftood  that  Speech  of  Sir 
fob*  Markham  to  E.  I .  That  the  King  could  not  arrefi  any  man  for  fuffition  of^Treafin 
or  Felonj,    as  any  other  of  bis  Sub  y  Us  might,   hecaufe  if  the  King  did  Vorong,  the  party 
could  not  have  bu  Atlion.     Not  by  ihek  could  nets  on  cannots,  to  leiTen  or  abate     buc 
tomagnifie  him  that  thus  denies  himfelf  to  do  good  to  his  people.    For  the  King  and 
his  Subjects  make  one  body,  and  the  Laws  concerning  the  whole,  arc  to  be  confidered 
of  by  the  whole,  the  Head  as  well    as    the  Members  v    and  thus  con  joynedly  Laws 
may  regularly  and  Parliamentary  be  altered ;  and  without  this  Authority,  to  do  any 
thing  to  alter  Law,  has  not  been  the  practice  of  our  Kings :  For  fince  to  draw  the  r'ree- 
bolds,Inheritanccs,  &c.  of  the  Subject,  ad  aUud  examen,  and  to  make  them  judged  by 
any  Law  then  the  Common-  Law,  is  termed  a  difherifon  of  the  King  and  of  his  Crown 
the  difherifon  of  all  his  people,and  the  undoing  and  deftruction  of  the  Common-Law  ac 
all  times  ufed  as  in  the  Statute  27  £.  3.  c.i.  appeareth,  its  fafe  to  keep  to  the  common 
warrantable  ufe  of  making  and  adnulling  Laws ;  for  the  peoples  properties  are  hereby 
preferved,  and  that  faid  our  late  martyr'd  Mafter,  firengthens  the  Klng't  Prerogative, 
and  the  King's  Prerogative  is  to  defend  the  Peoples  liberty. 

Principatu  tsamejue  nedum  Regalifed  &  politico,  ipfe  pcpulofuo  dtminatur. 
> 
This  is  the  reafon  why  he  cannot  falvis  praconcefsis,  falvojure,  &falva  confeienti/i 
alter  the  Laws  of  England,  other  then  by  Parliament  and  National  confent,  becaufc  he' 
has  himfelf  owned  and  cftablifhed  the  Law,  as  that  by  which  he  will  rule,snd  not  other- 
wife  •,  and  that  alfo,  becaufe  he  is  a  King  by  right  of  inheritance  and  fucceflion,  accord- 
ing to  the  Laws  of  his  Government  -,  and  this  the  Textcalls,though  in  other  words.yet 
to  the  fame  purpofe,  that  Solon  (M  was  the  beft  Itate  of  Government,  where  the  Sub- 
yells  obeyed  their  Prince,  and  the  Prince  the  Laws :  and  this  one  of  the  braveft:  Kings  thai; 
ever  the  World  had,  thought  fo  juft,that  he  fays,  A  continual  Parliament  I  thought  would 
hut  keep  the  Commonwealth  in  tune,  by  preferving  Latys  in  their  due  execution  and  vigour 
therein  my  interefl  Ijes  more  (fays  he)  then  anj  mans,  fince  by  thofe  LaVrs  my  Rights  as  a 
King  would  be  preferved  no  lefs  then  my  Sub  jell  s%  which  is  a.1 1  dt fired;  more  then  the L*Vr 
gives  me,  I  would  not  bave^  and  lefs  the  meaneil  Subjetlfiould  not.    So  he:     And  truly 
the  confederation  of  this  every  way  beneficient  Government  both  to  King  and  People' 
,  bas  fo  wrought  upon  the  confederation  of  all  of  the  Kings  of  this  Land ,  that  thev  hare 

difcwned 


^Commentary  upon  Fortes  cue.  157 

difowned  all  Titles  of  Conqueft  and  abfolutenefs  (as  in  oppofnipn  to  Laws  J  to  adhere 
to  the  mild  and  lafting  ones  of  regal  and  politique  Contexture ;  which  though  the  wife 
oiThapompus  reproached,  telling  her  husband,  he  would  leave  to  his  Children  a  dimi- 
nifhed  Empire  ;  yet  he  told  her,  it  would by  it  be  more  ft  able, and  lafting :   for  when  Gal-  s<d  n»gUfi*l,he\ 
da's,  Oi  bo' s,Vi:ellius's, whom  AfeUcmns  Tjanaw  called  Thcban  Eniperonrs,  becaufe  un-  Culpa* 
durable  in  their  Offices  -t  when  thofe  foon  were  buried  in  the  oblivionof  their  defamed    • 
and  execrable  names,  Princes  like  ours  in  England,  who  of  free  would  voluntarily  iri- 
gage  themfelves  to  rule  by  their  Laws,  and  not  otherwife,    have  hot  onely  the  glory 
to  fay,  and  that  truly,  Omnia  peregi   meipfo  imperatore,  as  Pomfej  did  i    but  alfo  the 
juft  confidence  to  fly  to  God  for  cultody,    againft  Treafon  and  Rebellion  ■,   yea,   and 
when  God  is  faid  to  give  falvation  to  Kings,  may  well  hope  to  have  falvatiens  multi- 
plyed  in  their  number,  and  heightned  in  their  nature  to  fuch  gracious  and  ferene  Kings,  Eicon  Bad.  c.  jj 
ssrecedefrom  the  extremity  of  what  they  in  greatness  might  claim,    to  exprefs  them- 
felves in  a  gracious  and  qualified  Soveraignty,  SoverAignty  like  Gods  ef  mercy  as  weM/u 
fo&cr.     Thisonr  Tcxt-Mafter  calls  PrincipAtu  nedum  regali,  fed  J  politico  dominari. 
For  though  its  Government  has  whatever  is  incident  to  Regality  in 
the  proper  and  iuft  latitude  of  its  notion,  according  to  God's  al-     see  King  cw«'«  Meflige  be  *eu* 

1        r       r  ■  1  L'    -     c    -L       t         j         from  Holmby  1*47-  JW.m.  Ftem  the  Ifle 

lowance;  nor  does,  or  can  aim  to  abate  any  thing  of  the  facred-     0fW<to,p.Iit.andp.i7..  Reii*.  cato. 
nefs  of  the  Kings  unttion,or  his  powers  divinity  in  His  perfon,  which     Hr*. 
being  inftituted  by  God,  retains  ever  the  nature  of  its  Inftitution  ; 

yet  does  ,tfo  mitigate,    and  render  Majefty  informidable ,    that     SeePreamMet0  the  Statmfcl  Mmii. 
iubjectslovc  the  Princes,  who  thus  appear  to  them,    rather    then     c.i. 
fear  them,  and  by  their  loves  are  fo  affianced  to  them,    that  they 
count  all  they  have  as  it  were  too  little  to  fupply  their  wants,  to  propagate  their  ho- 
nours, to  fupport  their  Governments,and  really  give  themfelves  up  tothenjj  as  Chil- 
dren to  their  Parents,  in  obedience  free  from  all  difpute.    By  thefe  words  then  frinci- 
pAtHninque  nedum  rtgali  fed  &  politico,    ipfe  popu/o  fm  domittAtur.      The   Chancellour 
concludes  the  Government  of  EngUnd  a  Paternal  Regality,   as  I  may  fo  fay,  that  is,  a  i  inftit./.«4»on 
Monarchy  mixed  with  love  and  tendernefs,  in  which  abfolute  power  i»   regulated  by  w'f'm'*1- 
Law,  and  legal  Order  protected  by  regal  and  legal  Power  :  fo  that  as  the  King  can  do 
nothing  but  what  is  juft,  becaufe  be  does  onely  as  juft  what  the  Law  directs,   which  is 
the  rule  of  Juftice :  fb  cannot  the  King  fuffer  any  injury  from  the  Sub  jeft,  but  what  the 
Law  will  right  him  in,    who  is  CAput  regni  &  legum ;  which  conftdcredjhough  there  be  f^'eh'""/ 
dreeejponin  this  Contexture  from  whAt  Kings  in  their  originAl  power  might  do    in  indi-  />.  5  ji.  of  his 
vubu  vAfo  j  .yet  is  there  no  fruftration  of  the  end  of  God  in  fetting  up  Kings,  or  muti-  Woiks 
lation  ofthem  in  their  happy  advantages.to  ferve  God's  glory,  and  benefit  men  in  fub- 
jefiion  to  them,  but  an  advantage  to  both  -,  as  all  the  temptations  of  paflion  and  par- 
tiality are  removed.and  the  clearer  and  readyer  way  advanced  to  publiquc  benefaction 
and  endearment.     And  this  I  humbly  conceive  was  the  reafon,  that  the  Laws  of  Ettg- 
/<o»;/ bare  car ryed  on  this  mediocrity ,    having   both    Juftice   and    Mercy,    reftraint 
and  liberty  ■,  yea  matter  ot  captation  and  allurement  both  to  good  and  bad,  both  to 
Prince  and  people,  and  leaves  checks  on  all  degrees,   to   correft  their  miftake ,    and 
toconduft  thtm  into  the  Channel  of  fafety,  both  in  point  of  obedience  to  the   King,  itvtfa.-t.iji 
and  of  protection  from  the  King  ■,  The  Law  and  its  Prefcripr,    21  facet.  2.  That  the  e'll%' 
King's  Mayfly,  hit  Heirs  cr  SxceeJfo*rs,fl>allMot  at  any  time  hereafter,  fuc,AueftioM,im- 
fedchyiicSor  as  abfolute  Regality  would  be  too  much  under  the  Line  and  Solftice  of 
f*merj'*b  v>*a  torridA,  which  made  the  Martyr  King  fay.  Let  your  liberties,  proper* 
ties,prrviledget,  (without  which  I would  not  be  jour  King)  be  fecured.  So  meer  politique  ^"^'hat 
Government  would  be  too  far  North  to  have  any  vitality  to  fubfift  upon,    becaufe  fub  ex/or*i«*i.Re- 
zAnafrigjda,  the  conjunction  of  them  both  in  a  happy  tertian,  which  is  the  mixture  of ''i^"0'^^- 
them,  makes  the  rational  religious  moderate  durable  polity  of  this  Kingdom,  in  which  smii£  vx££. 
the  Soveraigns  do  not  onely,  regaliterfedpoliticedominari,  that  is,  are  to  all  men,  as  AngU<- 
their  vi-tues  or  vices  deferve  they  fhould  be  to  them  -,  to  the  pious  and  peaceable  en- 
couragement ,p  ottft  on,promotion  ^  to  the  perfidious  and  prophane  terrour  corporal 
pecuniary  ^  nay,    ifcaufe  require,  death :     foj  that  as  the  Law  allows  thcKing  to  have 
two  Capacitics.a  perfonal  and  politique  one,  (  though  not  in  the  Defpenfers  and  others 
traiterous  fenfes,)  yet  in  afcnfeoftrmh,  annexing  Allegiance  to  both  the  Capacities,  Rebate  Judges 
and  in  no  fort  fevering  them :  fo  does  the  Law  allow  of  two  feveral  prefcncei  of  power  l^gv" '  "  * 

I  i  in 


ij8       A  Commentary  up  on  Fortescui. 

in  the  K:ng  of  England  v.  the  one  of  luftre  and  glory,  which  is.'as  it  were)  not  to  be  look- 
ed upon  ,  thts  is  that  of  the  King,  as  he  is  armed  with  terrour,  and  has  the  power  of 
life  and  death  ■,  and  this  he  hath  in  common  with  all  Kinos.  The 
*A*x*&7*r  x?wro7»?/,  x)  fiKxv  other  of  amiablenefs ,  as  it  has  wifely  fhrowded  its attonifhing 
^f amU  n  ffi^i^r  xpaSli ,  ^  «V  brightnefc  by  fome  interpofitions  of  condefcenfion  ■,  this  is  that 
rut ,r  T»*  iViXf*?«*j  iufj.ihif,  x}  our  Text  -M after  calls  Politique  Dominion,  fuchanadmifiionofre- 
wfjTsr  *)  Tfori/Vft  ^iy+jhrelt*,  eulation  in  rule,  as  fweetens  men  to  obedience,  by  working  upon 
v^fja)*/  £  filo  fuitoftL  n  *,/$•  their  reafon  and  good  nature,  and  gives  their  indulgerafecurity 
»>ytui«f  (fthfirax  yi»i  r£t  from  the  lenity  of  bis  Government  over  his  Subjects,  whom  be- 
*.(X»p*tor.  Jamblicusm  Fpift.  caufe  he  is  good  and  gracious  to,  he  is  beloved  and  defended  by 
«</Agrippam,  <r/WStoba:um,  them.  This  is  capable  of  mif- interpretation,  unlefstheLawbethe 
Strm.44.  />. 3 15.  Arbiter.and  that  has  recogniz'd  the  King  onely  under  the  power 

of  God.if  he  violate  his  Oath.  But    the  Subjed  is  under  anindi- 

fpenfable  tye  to  God  and  the  King,/* /or*  c ulpa  &  poena  ?  and  the  reafon  is,  becaufe  the 

perfon  and  fortune  of  the  fubjedr.  is  under  the  legal  dominion  of  his  Prince.but  thePrince 

is  under  the  only  dominion  o(God.lhe  confederation  of  wch  has  notwithftanding  wrought 

great  cffe&s  of  reftraint  on  Martial  minds,  and  that  (even  then  when  they  meditated 

the  greateft  inundations  of  rcftraints )    not  onely  abroad  in  the 

Theatr.  V.  Ham.  Vol.  1 4.1ib.  1 .    World.the  inftances  whereof  are  in  Zuinger  colle&ed  to  my  hand, 

Tit.Reges  Vrincipcsquafe  legi-    but  alfo  in  this  Realm  of  England,  when  it  had  a  Prince  in  it,  that 

bi4sfnb]ccirt.  promifed  not  much  better  then  Tiberius  did  ,   of  whom  the  noble 

Suetonius  in  Tiberio.c.  21.  Emperour  Auguftus  faid,    Miferimum  Romamm  pofulunt ,  efki 

fub  tarn  hntii  maxiiis  trit.  I  mean  the  Conquerour,  who 
though  he  came  in  fiercely,  and  won  the  Field  by  Battle,  yet  did 
Jta  ipfum  hco  patris  colebat,ut  not  onely  fuffer  himfelf  to  be  admonifhed  by  Aldrr  d  Arch-Bifhop 
ctsmille  Rex  cateris  imptrabat,  of  York  ,  W horn  be  honouring  as  a  Father,  fuffer  ed  to  moSifie  and 
ab  illo  Anbi-Epifcope  voluit  cool  him,  andbj  him  Vras  refrained from  thofe fierceneff'esjhat  other- 
aauanimittr  imperari,  J.  Brom-  wife  he  Vrould  have  exprejfed.  And  therefore  before  he  was 
pton,  9.952.  folemnly  crowned,  he  renouncing  his  Martial  Title,  and  entfing  as 

a  Politique  Governour,  did  before  God,  and  the  good  Arch-Bi- 
S.Dunelm  in  W.  1  -p.  1 95 .  ^P ,    Nobles,  and  the  people  there  prefent,  take  Oath  ■,  That  he 

Brompton,  p.  562.  would  defend  the  Holy  Chnrch,andthe  Governours  of  it  -,  tfat  he  would 

Stubbs,  p.  1 7o2.  govern  the  people  fubjetl  to  him  juBlj,andas  a  Prince  prudenthjbould 

R.  Dc  D:cet.  p.4%0.  edit.  Lond.     dojthat  he  would  fettle  right  Law,  forbid  Rapes,  and  all  unjkjt  Judg- 
ment.    Yea,  he  made  up  a  confirmation  or  his  love  to  the  Laws  of 
In  proxtnio  confirm.  Legum  D.     England,mi  his  refolution  to  be  fwayed  by  them,  by  fweari ng  1 2. 
Edvardi ,    Anno  Reg.  4.  men  of  every  (hire  in  England,  to  report  the  truth  of  the  Laws 

Spelman  Glofs.  p.398.  without  concealing,  adding,  or  in  any  fort  varying  from  the  truth. 

This,and  much  more  Jngutphus,    Abbot  of 'Growl and,  tells  us  -,  and 
Tref.  to  the  8th  Rep.  Sir  £</.O^from  him  and  others.     And  though  I  know  the  Con- 

W.  Thorn,  p.  1 787.  edit  Lond.     querour  little  regarded  this  Oath  ,  but  diffeifed  Natives  of  their 
Dicet  p.  487.  P.  hftatcs,  and  gave  them  to  his  Normans,   making  havock  of  all  that 

Brompton,  p .  98 1.  was  prcyable.and  made  the  Englijh  his  bafe  Vaflals}/o  that  before  his 

Simon  Dunelm,  />.2 1 3 .  drath,there  wasfcarce  in  England  an  Englifh  Noble-man  left,  it  be- 

Knighton,  p.  2344.^.2354.         **i a  reproacbto  be  called  an  Englilh-man ,  as  Knighton's  words  are. 

Yet  that  fuch  things  he  fubmittcd,  ahdfwore  to  do,    when  in  full 
power,  argued  more  a  conviftion,    that  fo  religioufly  and  prudently  he  ought  to  do 
then  any  fear  upon  him  •  and  that  fufficiently  anfwers  my  purpofe ,    to  confirm   that 
Regal  and  Politique  Government,  joyn'd  in  our  Chancellours  fenfe  ,  makes  a  good 
legal  Englifh  adminiftration,  and  that  when  heats  and  humours  are  affwaged ,    all 
high  and  martial  princes  fall  into  it  of  courfe,  to  fave  their  own  troubles,and  their  ped*- 
ples  lives  and  fortunes ;  yea,  as  by  the  juft  judgment  of  God  ,  mens  opportunities  are 
their  difcoverers,  and  (hew  them  bad  at  hearr,  notwithftanding  all  their  external  and 
flattering  good  appearances :   fo  Viagoms  MileCnu  was  known  to  be  an  A  thcift  ;  for 
being  in  an  Inn,  and  wanting  fewel  to  drefs  his  dinner,  he  took  the  Image  of  Hercules 
reputed  in  that  place  for  a  God,  and  caft  it  into  the  fire .  faying  prophanely,  Tertium 
SalmuifcmPtn-  dectmumfiic.    Perform  now  the  thirteenth  labour,    0  God  Hercules,  and  bill  the  broth  of 
filt^Vp°iu"''  Diagoras  the  Atheiff,  As  God,  I  fay.does  by  thefe  afts  difcover  fome  mens  follies ;   fo" 

does 


^Commentary  upon  Fortes  cue.  159 

docs  he  qualifie  the  vice*  of  fomc  notable  perfons  with  greaE  virtues,that  makes  them  not 
fo  enormous  and  trEculcnt,  as  but  for  them  they  would  be  :  Hipparchus  was  a  Tyrant 
but  yet  a  great  favourer  of  Learnings    his  firft  work  was  to  inliitute  his  Citizens  in 
Letters:  fo  of  Cleomenes  the  Spartan,  and  Francis  the firft  of  Frame ,  Hiftorians  write.  z»ing«  Theatr 
Ignatius  that  tells  how  Phocas  reduced  all  the  Romane  freedom  to  Per  flan  Vaflalage.yet  t-  "• 
reports  one  thing  worthy  praife  in  him,    Romanum  Pcntificem  principem  omnium  jure  ^o'mlt?**"™' 
declaravit  •,  fo  did  this  our  C  onquerour  defervc  fome  good  words,  and  he  has  them  :  Dicet.^.  «i». 
Authours  tells  us,he  built  Abbics,MoBafteries,and  religious  houfes,  ut  ttfet  expiatie  qua-  Bl0n,?t0n-  r- 
dam  ejfufionis  tanti  fanguinis  Chriftiam  ;  but  above  a\\,Tant£  pacts  author fuerat, 8cc.de  Knighton,  xjj*.' 
was  the  author  offo  great  fafetj  every  where,    that  a  Maid  might  have  carrjed  a  load  of 
Gdd  all  over  England.    Thefe  and  fuch  other  aftions  of  pubhek  influence  are  luftres  Dlcet-f-*«« 
in  Princes,  who,  nnder  favour  of  their  Greatnefs,  ought  to  improve  God's  prefer- 
ments to  his  Glory  •  considering  that  life  is  but  fhort  in  men,  and  the  greateft  aftions 
in  probability  have  expired  even  with  the  lives  of  their  Aftours,  which  often  have  beet] 
then  running  the  laft  (and,  when  they  thought  of  nothing  but  dinturnity  and  para- 
mountfhip.   Alexander  the  Great,  when  he  had  conquered  the  Eaft,  refolved  to  march 
into  Afriek^  and  fubdue  that  with  Europe  ,  fed  feftinata  mors  tantas [pes  abrupit,  A-  Sabellicus/<i.io. 
lexander  dyes,  and  his  Journey  is  huftied.     Majoranus  Emperour  of  Ravenna  would  '  ■  "• 
forfooth  make  an  onfet  upon  Africk^ ,  but  a  Difeafe  prevented  that  Enterprife-    Our  ^lmJ"m"nihi. 
brave  H-  5.  of  England,  when  he  made  Cock-  fure  of  France,  dyed  by  Poyfon.  Hen.  2.  t—fi*  "daa* 
ef France,  when  he  had  fetled  bis  Affairs  witb  Spain  and  thought  to  enjoy  quietnefs,  M"""'  Cu^in- 
was  flain  by  a  pafs  at  Tile  in  Paris  ;  fo  Francis  the  2.  not  long  after,  when  he  medi- 
tated fierce  things  againft  the  Hugonots,  was  prevented  executing  them  by  an  Jmpo- 
ftume  in  his  head,  whereof  he  dyed.     No  wonder  then  that  wife  and  worthy  Princes 
ftudy  calm  Methods  of  rule,  and  look  upon  their  Subjefts  as  Children,  and  as  fuch 
preferve  them  free,  fince  they  have  an  account  to  make  to  God  above  other  men,  and 
may  as  foon  make  it  as  other  men  -,  which  our  Kings  perhaps  efpecially  confidering, 
though  they  ey*d  Monarchy  as  the  moft  excellent  form  cjf  Government  ( nay  the  onely, 
(  others  being  but  wanders  from   it,  as  it  is  the    prime  and  effential  Government ) 
yet  they  confented  to  fuch  a  temperament  of  it,  asPhilo  calls  7&J^<rku}Scc.  the  mean 
between  the  two  much,  and  toe  little  of  ether  Governments,  which  the  King  of  England  Ariflocrar.  & 
ruling  according  to,  is  by  the  Cbancellour  faid,  Principatu  nedum  regali,  fed  &  politico  oligarchy  »*«. 
domina'i,  that  is,  fo  to  refpect  himfclf  a  King  over,  astordpeft  his  Subjects  as  free  one  -ptiaci""^ 
and  felicitous  under  his  Government.  7*j- 

^»  regali  tanthm  ipfe  praefiet  cit, leges  regnifui  mntare  iUepoffit. 

This  rationally  followes,  for  if  abfolute  he  were,  as  Nimred,  Ninrn,  Belus,  and  the 
Eaftern  Monarchsto  this  day  are,  then  his  will  were  the  Law  and  would  work  upon 
change  of  the  Lawes  as  they  regretted  him  or  he  them,   or  as  he  obferved  moreufe 
might  be  made  of  other  Laws  then  them,  every  abfolute  Ruler  either  dictating  Laws  or  K  »    ~  >  W 
fuffering  thofe  onely  tobediftributedasdidlacquy  to  his  abfolutenefs :  but  in  that  the  »     ,£  (&    * 
King  is  faid  not  to  can  a  change  of  the  Lawes  at  his  pleafure^  it  argues  him  notlcfs  ,?;_,     vc£ 
abfolute,  but  more  kind  and  confcibnable  in  not  trying  what  he  can  to  the  injury  of         •    ~^ 
what,  as  a  father  of  his  Country  and  the  people  of  it,  he  ought  to  be.  God  can  do  what     ~  *    t    \ 
he  will,  but  yet  lie  fuffers  Abraham  to  interpellate  for  Sedom,  and  Mofes  for  Ifratl,  T  I        > 
and  till  thofe  potent  mterceffors  were  ar.fwered,  God  gives  us  leave  to  think  in  kind-  *"  >    ^      ^. 
nefs  be  could  do,  what  in  greatnefs  by  his  power  we  know  he  could  :  fo  likewife  it  **     <    ' 
pleafes  ferions  and  fober  Princes  to  be  told,  they  cannot  do  that  as  Lords,  which  the  y     «    «  i^ar 
cannot  be  pleafed  in  doing  as  Parents,  as  Husbands  to  their  Governments  .-  Nor  does  ""  ''jW***. 
any  boundary  trouble  a  virtuous  Monarch,  where  his  generofity  confents  to  fix  it  for  ut.fn'iusmiji'yff 
the  reward  of  Loyalty  or  an  allurement  to  it.  x>«/«w».f.no. 

This  politique  dominion  then  is  no  erfed  offeree  on,  but  of  love  and  grandeur  in  ^"T^m^m 
the  Kings  of  this  Nation  to  their  people.  For  Kings  we  had  and  were  free  under  them  t^«  *"»**">  '<"•- 
above  a  thoufand  years  before  Ct(nr  came  upon  us,  if  Poljdore  Virgil  misinform  me  eTraCclffemu- 
not ,  and  thus  we  have  continued  down  all  the  Reigns  of  the  Princes  almoft  fix  hundred  uno  Tr»>«/M»- 
years,  (the  Common  and  Statute  Lawes  of  England,  with  the  allowance  of  Cuftomes  £*"°/^g7,{*" 
local,)    yea,  and  the   fuperaddition  of  EcdefiafticaJ  Lawes  not  contrary  to  the  /,-j* »'. *v»'.  Ang"' 

I  i  2  Lawes 


Flutardh.  in  Hi. 
De  Monarchia  , 


i6o 


.•  •H.lrf.tt.  I  & 

it.t.e.ll.li. 


Tlit  mrdi  •/  tht 
Stat*  I  Jac  1. 1. 


j  I  nftit.  f .  74.  /• 
M*. 


-^  Commentary  »/>0tf  Fortes  cue. 

Lawes  of  God  and  the  Lawes  of  the  Land,  Civil  Law  in  the  cafes  of  Matrimony,  pro- 
bate of  wills  and  Maritime  affairs,  fcrving  all  in  their  refpt&ive  places  to  the  continu- 
ation, and  convenient  carrying  on  its  administration, and  to  the  prevention  of  any  thing 
that  might  juftly  be  fufpe&ed  contrary  to  the  fame.  Yea,  when  the  happy  acceflion 
ofKingJ  ames  to  this  Crown,  whereby  in  hisPerfon,  and  the  roatchlefs  and  incom- 
parable Defendants  from  him,  the  Crown  of  Scotland  was  united  to  this,  when 
I  fay,  his  wifdom  thought  upon  an  union  of  Lawes  as  well  as  of  Empire,  and  took 
(0  much  pains  in  it,  that  he  prevailed  to  have  the  Stat.  1  fac .  c.  2.  paflcd  to  empower 
Commiflionerstoconfiderofitj  yet  this  endeavour,  though  prcfejjtd  bjhimtebefar 
from  hit  Royal  and  jincere  care  and  affettien  to  hit  SubyQs  of  England,  to  alter  or  inno- 
vate tht  fundamental  and  ancient  Lawes,  Priviledges  and  good  Gufiomes  of  this  Kingdtme, 
and  apprehended  by  the  Lords  and  Commons  in  Parliament  to  intend  w  more,  or  feck\ 
H»  other  changes  or  alterations,  but  of  fueh  p articular  temporary  or  indifferent  manner  of 
Statutes  and  Cu flames,  as  may  both  prevent  and  extinguish  all  and  tvtrj  future  qutflitH 
and  unhappy  accident ,  &c.  Notwithstanding  the  Union  had  this  Declaration  concurrent 
With  it  ■,  yet  becaufe  the  refolution  of  the  Englifti  were  to  prefcrr  their  Lawes  and  Cu- 
ftomet  above  any  others,  and  to  yield  to  no  tittle  of  Alteration  in  them,  thereupon 
by  the  %  face.  3.  the  things  which  were  to  be  done  by  force  of  the  Stat.  1  Jac  2. 
were  capacitated  to  be  performed  in  any  other  Scffions  of  the  Parliament  of  %.  and 
by  the  4  Jacob.  1.  all  Lawes  of  hoftility  between  Scotland  and  we  were  repealed,  and 
the  Stat  of  5  R.  2.  c.  2.  included,  and  that  wa9  all  that  came  of  the  defired  union.-  for 
it  was  refolved  by  the  Jndges  ( Sir  EdVeard  Cook,  being  the  King's  Attourney-  General 
then,  and  being  then  and  there  prefent,  reporting  their  rcfoTution)^**  Anglia  W 
Lawes,  and  Scotia  had  Latyes,  but  this  new  creBed  K ingdom  of  Britannia  Pouldh.rve 
no  Lav.  Since  then,  the  A  ffent  of  the  Sub  jed  is  neceffary  to  change  Lawes,  not  one- 
ly  common  and  Statute  ones,  but  local  Cuftomes  and  Tenures  •  and  without  it  the 
Kings  of  England  have  given  their  Subjeds  leave  juridiquely  to  fay,  they  cannot  by 
the  power  theLaw  understands  them  to  have,  at  their  pleafure  alter  them  ;  it  followts 
in  confirmation  of  our  Chancellours  words,  that  the  Government  of  England  is  a  pa- 
ternal, as  well  as  a  regal  Government,  and  that  the  Lawes  of  it  cannot  be  altered,  but 
by  the    King  with  Aflent  of  his  Sub  jefts  in  Parliament. 

TaBagia  quoque,  &  tatera  oner  a  tit  impontre,  ipfis  inconfultU ;  quale  dominium 
denotant  Ltgts   civile s ,  dtrndicant,  quod  Principi placuit  Legts  habet  vi- 
gortm. 

This  followes  unavoidably  from  the  premifed  matter ;  if  the  King  cannot  change  the 
Laws  other  then  by  Parliament,  then  the  Lawes  not  allowing  any  charge  on  the  Sub- 
crok  »»  Magna  jeA,  other  then  is  laid  in  Parliament  on  them,  as  Sir  BdwardCotk.  our  Law-Oracle 
?Mto  w  t\*  makes.  8°°^'  Tallages  are  out  of  deer  s  and  illegal  to  be  laid  upon  tht  Englifb  Subjetl.  A  nd 
therefore  all  our  good  Ptinccs  havedifown'd  and  difclaim'd,  as  other  fierce  and  grating 
ones  have  impoild  thcm:hence  fome  think  thofe  granted  in  the  Parl.of  H.-i.wcre  hard; 
for  JValpngham  fayes,there  was  Conccjja  Regitaxa  info!ita,&  molts  tricabtlis,  &  valde 
gravis  ■,  and  he  tells  us  he  would  have  defcribed  it,  but  that  Conre feres  ipfl,  &  Au~ 
tlorts  dtcft  Tallagii ,  inperpnuum  latere  pcfleros  maluijfent  •  yethefayes,  though  thej 
did  what  thij  did,  thej  cautioned  itfhould  never  be  drawn  into  example,  nor  the  evidences 
ofitbeiniheTrtafurjor  Exchequer,  but  after  the  Receipt  of  the  income  of  it,  ali  the  me- 
morials if  it  fhould  be  burned,  nor  any  Writs  or  CommiJJions  be  revived  or  ftnt  out  to  en- 
quire the  value  <f  tf,thus  walpngham:  thisl  cenfefs  is  a  Matchlefs  Prefident,but  ufually 
'tis  otherwife-,  for  they  being  prefumed  never  to  grant  without  caufe.in  their  fo  doing, 
the  people  are  to  fubmit  and  pay  willingly  -,  for  Princes  ever  acknowledged  pecuniary 
fupports  trom  their  Siibjefts,the  fruits  of  love ;  and  their  Subje&s  declared  ever  them-** 
felves  in  reafon,  religion,  and  gratitude  obliged  to  yield  them.  And  thereiore  as  wife 
Parliaments  have  ever  calculated  Prince's  affairs  and  fupplyed  them  with  Connfel,  and 
Money  to  carry  then;  through  with  honour  and  fuceefs :  fo  gracious  Princes  have'been 
thrifty  and  fparing  of  Receipts  from  their  Sub  jefts,  being  willing  rather  to  pinch  in 
their  perianal  and  pleafurable  Accomodations,  then  either  fpare  f  om  the  publick 
Concerns,  or  prefs  their  people  beyond  their  good  wills  and  reafonable  powers  •  arid 

regular 


\An.  U04.  Waif. 
Hypodeig.  Neu- 
ftrix.;.  it*. 
/»H.«.f.tU. 


A  Commentary  upon  Fortes  cue.  161 

regular  princes  have  had  Reliefs  by  the  pleafing  wayes  oi  S^bftdies,  Difms,  f^uinzims,  •*«£•<*  4.10ft 
and  che  like,  generally  confentcd  untp.      And  the  Subjeft  fometimes  having  found  ",»«'/  £$-* 
Privy-Sealesgoodfccurity,  haslenc  money  on  them  as  men  do  on  other  fecuritics  •  **>'"'■ 
and  when  its  a  voluntary  ad,  there  is  no  injury  done,  volenti  mn  {it  injuria.    But  Tal- 
lages or  loans  of  cempulfion,  or  fuch  things  not  laid  by  Parlia- 
ment more  majors,  m,  the  Subjefts  of  England  have  ever  regret-     Ste  Cook  2  inftir  n  f;  ^         ^^ 
ted.  And  of  this  nature  were  thefe  Tallages  here  fpoken  of,  a  word    •»  «*«  ■*'«»«  j+e.  i.  De  Tallfgio  no„ 
made  Latine  from  che  French  7^7/f,  quad  vclligal  fgnifi  at ;  this     fSffi&'i^A?"' 
word  Tallaginm,  is  in  Hiftorians  ranked  with  Exailiones,  to  (hew  '     '' s*4 

the  extcrable  nature  of  them.     In  ihe  Council  olLateran  amongft 
otber  Complaints  made  bv  the  Clerny  to  the  Pope  againft  the  Lai-    G!IYar:  Tl'bur-  •»  cimm,.f  ,lsi. 

l-  u        i.         jj  _      ,    r       •/-'»•»        f  i         Edit.  Load,  j+56, 

ty,  tbis  is  one  that  they  did  tarn  Ecclefiastpfas,  «c.    Burthen  the 
Churches  and  Churchmen  Veith  Tallages  and  exatlions. 

Tallage  then  as  it  was  an  impofition,  fo  an  Impofition  on  Land,  called  otherwife 
Hydage;  anciently  it  was  taken  by  fomc  Kings  of  England  upon  all  Land,  where  not  ehr    • 
exempted  by  Grant,  as  the  Lands  ef  St.  Auguftine  in  Canterbury  was.    1 1  was  a  charoe  p.  ioT£     °tn" 
on  every  Hyde  of  Land,  which  Hyde  contained  not  20  ^cres  of  Land,  as  Polydore  Vir-  GIofs  T™Ya- 
jtfmiftakeshimfelf,  but  100.  which  they  in  thofe  times  called  a  Plough  land,  that  is,  *""*'  ffi\\S*x' 
enough  to  employ  a  Plough  •,  fo//.  3.  in  Anna  1083.  fent  out  Juftices  of  Inquiry  into  c«mK  Tatar, 
all  Shires,  who,  upon  the  Oaths  of  men  were  to  inquire  Quot  ?»fera,  &c    what  c;i"!"tl': 
quantity  of Acres  of  Land  in  every  Village, tmployed  a  Plough:.,  and  ^/.  Paris  adds,  and  p.m. 
how  many  Cattelwouldtill  a  Hyde  of  Land,  and  their  return  was  an  loo.  Acres.     So 
that  this  proportion  of  Land  was  upon  all  occafions  the  fubjeft  of  this  Charge  •  fome- 
timemany  Hydes  of  Land  were  jointly  charged,  fo  Etheldredin  Anno  ioo8.tooppofe 
tht  Danes,  charged  every  310  Hydes  with  one  (hip,  and  of  every  tight  a  Coat  of  Hmui        M  t 
Mail  and  a  head  piece ;  the  Conquerour  charged  every  Hyde  with  6.  s.  So  Rnfus  to  a^-Wigomienf. 
enable  him  to  hold  his  right  in  Normandy  laid  4.  /.  on  every  Hyde ;  Henry  1 .  towards  *i-Am%m  I«»*- 
the  Marriage  of  his  Daughter  charged  every  Hyde  with  3 .  /.  ««*"'  **  "*"" 

Thefe  and  the  like,  as  Danegtld,  Lefiage,  Stallage^  are  by  Hi- 
ftonans  called  Exa8i,nes,*nd  never  had  acceptance  from  the  peo-    Brompton/.  957. 
p\eo(  England  when  they  were  not  commented  to,  and  charged  on    Greg  T°*>fo™' s,^ fi*.t.*7. 
them  by  Parliament,  but  things  of  foreign  Prefidenc^  and  there-     tfw»  undint«fn  «„«:  ad  qmngmu  mar- 
fore  put  upon  them  contrary  to  the  Lawcs  of  their  freedom,  and    '".  ™*"  ?""•/*  ft™'  -'""'*  »■**■« 
r.o-  fui  able  to  the  calm  Government  of  their  Princes,  who  have    ,„,  ]*pm  jkhnmflrv&Z*.  M.p«if.  (i 

priced  more  to  be  accounted  indulgent  lathers,  then  rigorous    »'»• 
Lods:  yea  that  Tallages  may  appear  odious,  (  asun-Parliamen- 
taryty  impofed  )  that  Anfwer  of  the  Clergy  of  EnglandtoFope  Innocent,  Anno  lld.6. 
» remarkable  -,    for  when  the  Bifhops  were  by  his  Command  to  exaft  of  their  Clergy 
Tallage,  they  were  commanded  by  :he  King  to  refolutety  and  unanimoufly  anfwer, 
That  no  fuih  Tallage  or  Aid  conld  be  or  had  been  accufiomed  to  be  laid  without  great  Pre-  u.  Parif.  f.  70I. 
jndiee  to  the  dignity  of  their  Sacrtd  Sovereign,  and  the  dignity  of  his  Crown,  which  they 
wouldntt.  norcouldnot ft  jfertobe  diffaragedor  injured,  as  thereby  it  Vpould.   And  when 
H-  3.  fo  raffled  his  Subjects,  thar  they  thought  not  fie  to  deny  him  in  Parliament  a 
Grant  of  unuftiai  loanes  and  Tallnges;  yet  fo  unwillingly  did  they  do  what  they  did, 
and  fo  againft  their  minds,  could  they  have  avoided  it,  That  they  made  a  faving  of  the  M.  P«if.  f  *»*• 
Smtjeils  Liberties,  andinftrteditintohU  Charter,  ^od  ilia  exatliovcl alia  praceden- 
tis  won  trahcrentnr  in  confeqaentiam.- 

Eit  impenere,  Hi*  inconfnltis. 

This  is  added,  to  (hew  that  the  law  cannot  bercafonably  fuch  as  tyes  up  lawful 
power  from  alteration  of  it,  if  it  appear  to  be  ufelefs  or  inconvenient  j  yea,  be  the  Law 
what  it  wilt,  if  it  be  fuch  as  1  will  not  take  benefit  by ,  and  in  fo  doing  am  not  injurious 
to  otbers.the  Law  intends  not  the  reft  raint  of  me  by  it.  The  Law  is,  the  King  cannot 
take  my  goods  wirhout  my  confent,  orratemy  Land,  but  by  a  legal  rate  :  yet  iff  will 
freely  pay  the  King  out  of  my  eftate  fo  much.and  give  him  fuch  of  my  goods,  I  may  do 
itnotwitbftandingthcLaw,  for  that  and  this  are  confident^  that  being  made  for  my 
bencfit,if  I  will  accept  it  ■,  tins  being  a  tcftimony  of  my  love  and  confent,  which  abates 

the 


1*1 


I  Ioftft.onc.ij. 
kt*l**  Ch*rt4» 


On     Vftftmmfter 
I.  i  Inftit.  p. 
IS*. 


^Commentary  upon  Fortescue. 

the  in  jury,and  makes  the  acceptance  a  courtcfie.  Hereupon,  though  the  King  cannot 
by  his  own  pleafure  lay  Tallages  upon  his  Subje&s,  yet  by  their  confents  he  may,  and 
no  grievance  is  it,  no  oppreflion  in  it,  fince  volenti  mn  fit  injuria ,  and  nothing  being 
more  free  then  gift :  if  they  in  Parliament  confent  to  it,  then  it's  a  legal  charge  •,  and 
this  the  Chancellour  mentions,  to  tell  Prince  and  People,  that  extraordinary  comics  are 
not  to  be  praftifed,  where  legal  and  warrantable  ones  may  be  brought  about  •  and  to 
tell  them  further,  that  the  way  to  ferve  Princes  affairs,  and  the  juft  ends  of  Parliaments, 
is  toeompofe  Parliaments  of  religious,  fober,  fincere,  and  knowing  Members,  who  wili 
be  diligent  during  the  time  of  their  fcrvice  ,  who  will  be  fober,that  they  may  ferve  the 
King  and  fatisfic  the  people,  and  who  look  for  no  refult  but  God's  blcfling,  the  King's 
honour  and  fafety,  the  peoples  good,  in  which  their  and  their  Pofterities  goods  are  in- 
volved. Thefefo  fitted  to  every  proper  judicial  purpofe  (as  they  will  lay  no  charge, 
but  ex  pravifa  ratione ,  as  did  the  Parliament  of  3  E.  1.  on  which  words  of  rhc  Pre- 
amble ,  A  fen  Parliament  General,  Sir  Edw.Cock,  has  this  Note  3  So  called,  becaufe  <t& 
the  Laws  then  made  were  general,and  that  great  and  honourable  Affemblj  were  not  entang- 
led with  private  matters,  but  with  fuch  one! j  m  were  for  the  great  c  (I  good  «/ the  Common- 
wealth ;  for  the  end  of  this  Parliament  is  ,  Pour  le  common  profit  de  Saint  Efglife  &  del 
Realm: )  lb  in  their  fo  doing.tbe  people  will  reft  fatisfied.and  the  Crown  have  its  dues 
willingly,  and  in  good  time  paid  and  anfwered  •,  oiherwifc,it  comes  like  drops  ot  blood 
which  a  generous  Prince  cares  not  to  have  come  into  his  Coffers :  for  as  God  loves  a 
chearful  giver,  fo  do  Princes  love  Prefents  offered  them  freely,  as  well  as  tully .  And 
therefore  the  Provents  of  Tallages,  and  alia  onera,  fuch  as  are  all  preterlegal  charges,  - 
not  warranted  by  Common- Law,  Cuftome,  and  Conceffion  of  Parliament,  have  been 
little  addition  to  the  real  Grandeurs  of  their  obtainers,  becaufe  what  ttiey  gained  by 
them,they  loft  in  the  good  will  of  their  Subjects.  Hereupon  H.  1 .  made  a  Charter  to 
his  people  in  thefe  words,  Quia  rtgnum  oppreffum  trat  injuftis  exaSisnibus,  &c.  He 
prtmifes  to  take  away  all  ill  Cufioms,  by  which  the  Kingdom  e/Fngland  hat  been  opprefled. 
lor  there  is  nothing  that  has  fown  fuch  Cockle  and  Tares  of  trouble  in  this  N  ation,  a» 
unufual  Taxes,  I  mean  fuch  as  are  not  granted  more  major «»».  For  though  the  >  om- 
monalty  may  be  wary  whom  they  fend  to  Parliament,  to  reprefent  them  ;  yec  when 
fent  they  are,  the  charge  they  confent  to  lay,tmift  be  paid  by  them :  nor  is  it  violence 
to  exaft  it,  but  right  to  the  Law  of  its  Conftiuuion.  A  nd  fince  no  wife  Reprefema- 
tives  can  be  prefumed  ut  give  more  then  they  are  in  their  principals  able  to  anlwer, 
fuppofing  the  Granters  wife  men  ,  and  if  not  fo,  the  more  unwife  their  Choofersand 
Impowrers  •  and  fuppofing  the  grants  in  fuch  a  proportion,  as  is  fuitable  to  the  rational 
motives  of  them  to  grant  i  t,  the  matter  and  kind  of  the  grant  muft  be  made  good ,  and 
this  they  are  charged  withall,  ipfts  cenfentientibus,  and  that  is  mn  invitis. 

Slnalt  dominium  denotant  t'eges  civiles,  cum  dicant ,   a  nod  Trincipi  placult,  Ugis  hab>  t 
vigorem. 

iOuinftit.  -bi-  ^his  Sentence  cited  out  of  tbtl  Civil  Law  i$Vlpiansyind  the  application  ofit  is  thought 
t4  t'.b.i  tit\.ve  •  to  fix  the  power  of  abfolute  Reality  ,upon  whatever  is  of  Sub  jeds  for  it  to  take  hold  of 
which  perhaps  is  not  the  Lawyei  ?  meaning,  but  with  fome  reftridtion;  that  Kings  do 
not  make  Laws  upon  their  own  W Tills,  but  as  aflifted  in  Council  by  their  learned  and 
fage  Counfellours,  whoadvifing  them  what  to  declare  Law,  accompany  them  alfo  in  a 
mild  interpretation  and  execution  ofit.  Fo;  fo  the  fame  Law  qualifies  the  generality 
o£  this  rule  by  that  omnia  funt  Prin  tipis  quoad  jurifdiclionem  &  prete&iontm,  nemquoad 
proprietatem ;  and  therefore  thoug  to  in  abfolute  Regalities,  where  no  Laws  of  modifica- 
tion are,  this  rule  is  made  ufe  of  to  warrant  high  courfes  •,  yet  may  this  have  a  calmer 
interpretation  in  the  nature  and  intendment  ofit.  A  Woman  is  under  her  husbands  *» 
plenary  power,  he  may  do  with  her,  i"«S  he  deftroy  her  not,  as  he  pleafc  ■,  herperfonis 
at  his  pleafure  5  her  fortune  fubjedt  to  t  is  difpofc  ■,  her  allowance  and  manner  of  living 
fulely  to  the  quantum  &  quale  of  his  prop<  ">rtioning  them :  yet  no  wife  man  will  hence 
conclude.that  Husbands  do,  where  good,  1  tnprove  this  to  a  Tyranny  over,  or  a  vexa- 
tion or  diminution  of  their  Wives  •  rather  wife  men  know,  and  worthy  wives  finde 
that  from  deferving  Husbands  their  Virtues  have  all  the  Compenfations  and  Rewards 
that  this  Prerogative  of  the  Husband  over  th  <rn  can  devolve  upon  them,  and  though 

the 


x  Inftit.  on 
1 J  Chapter. 
Mtgn*  Ch*»a, 
P4«. 

Math.rarif./.sj. 


Sit  Tin  Smth. 
lit.i.c.i.  DeRe- 
publ.Angllac. 


Conftisutio  iii- 
bus  Piincipum 


£igcy!.p.4z.  In 
£<■.  *i  Proam.  C, 


A  Commentary  upon  Fortes  cue.  16% 

the  nature  of  Marriage  favour  the  man,  yet  the  Courrefie  and  nature  of  man  retorts 
the  fruit  and  kindnefs  of  fuch  favour  and  prelation  on  the  Wife,  becaufe  fhe  is  willing 
to  obey.fhe  rules,  and  by  refignine  to  her  Husband,  has  aflignation  of  his  right  to  rule 
by  him  all  he  has  and  himfelf  too  :  To  in  the  cafe  of  abfolute  Kingfhip,though  Kings  may 
by  the  high  Sovereignty  oftheir  Dignity  curb  their  Subjects,  that  they  dare  not  deny 
whatever  they  ask,  or  refufe  what  they  command,  becaufe  God  has  made  their  Swords 
offtraw,  againft  their  Princes  of  Steel  ■,  and  their  hands  are  bound,  when  their  Sove- 
reigns are  loofed,and  onely  can  be  bound  by  God :  yet  that  by  virtue  of  this  pofition, 
and  the  facrednefs  of  it,they  fltould  fo  do,is  no  neceflary  consequence,  though  too  often 
true.    And  truly,  we  in  England  have  caufe  to  fweeten  this-  hard  Expofition  of  this 
Rule,  when  we  confider  our  Princes,  as  true  Monarchs  as  any,,  and  as  independent  on 
any  but  God-,  yea,  as  well  protc&ed  againft  the  infolencies  of  Subjects ,  as  any  Mo- 
narchs, yet  have  for  the  moft  part  been  very  calnijConfiderate^nd  ruleable  by  the  Laws 
of  the  Land,  and  not  laid  yoakes  upon  us,  but  fuch  as  either  fome  of  them  have  been  ill 
counfelled  to,  orby  ncceffity  of  affairs  put  upon,  and  have  remitted,  with  a  kind  pro-  *Inft»-p-«$».oii 
mifeofnotfo  doing  hereafter.     And  if  they  have  obtained  confent  in  Parliament  to 
any  thing  of  extraordinary  advantage  to  them, yet  it  implying  National  confent,ougk  n  h.  ;.u7. 
to  b,e  accounted  no  preffure  upon  their  people.    Kings  may  have  ncceflities  more  then  z  Inft"iMs*  0B  • 
ordinary  upon  them,  and  they  mud  have  fuitablc  fupplyes  for  them,which  if  they  have 
by  Parliamentary  Levies.they  have  them  by  undoubted  Legality,  and  the  Sub jed  re- 
pines not  againft  the  Prince  for  it,  but  owns  the  Law,  which  by  his  own  confent  has 
bound  him  from  repining,  and  to  the  payment  of  his  proportion  towards  it.    Such  a 
favourable  interpretation  then  being  given  of  this  ^uod  Principi  placuit,  legis  habet  vi- 
gorem,  it  follows,  that  the  rigidnefs  ofthe  general  rule  may  be  allayed  by  a  particular 
inftance  ofgoodnefs.And  therforethe  Kings  of  England  having  never  made  Laws  but  in 
ParIiarnent,Courts  that  they  call  not  onlymodefiU  ergo  antiquum  confuetudinem  fervar-, 
as  a  Forreigner  falfely  writes ,  as  if  they  fignified  no  more,    then  to  do  whatever  they 
were  commanded  to  by  the  King  •,   fothac   ( in  his  words  )  •  *  Parliament*  regiarum 
magis  enpiditatum  larva  quadam  Jint,     quibusin  rerum  dnbi.tr um  cenfult atiomkus 
labor  em  &  incommoda,  in  pericnlefis  ant  em  rebus  damnnm  fubterfugiunt ,  a  nam  utter 
ta  potefiatem  fuam  moderari  velint,is  that  malevolent  Romanifi  flan. 

deroufly  reports.I  fay  the  truth  of  things  being  examined,  and  the     if  rhefauro  ?oii(ico  imprefs.  Francofurr. 
Kings  of  fjgWufmg  fuch  wifdom.temper,  and  regularity  in  their    *""" UI*  De.Regn°  *»™»»«>M»fc 
proceedings,  though  quod  Principi  placuit,  legit  habet  vigor  em,  p.  i  -     ^w  twkj  ipUcn  itgis  haitt  w&rtm.ut 
mitively  had  a  fenfe  of  aflcrting  Kingly  abfolutenefs ,  his  pleafurc    J^l'c";J"'m  ^^Z^^'^TL 
being  the  Law,  and  bis  Word  the  Warrant,    without  any  abate-     «i^w«Jd  w««,w 
ment  from  Princely  Grace  and  Jufticei  yet  in  as  much,  as  in  the    t« <£•  tnmui&*u,.  FietaMfissti*: 
Regal  Government  of  England,  tempered  by  the  Politique,  there 
is  no  prerogative  of  juft  Regality  ufurped  upon,  but  the  Crown  remains  Imperial,  not- 
withftanding  the  politique  compofition  with  it.     There   feems  to  me  reafon  to  con- 
clude, that  quod  Principi  placuitjtgis  habit  vigorem,  may  be  interpreted  of  the  Ie^al  and 
virtuous  pleafure  of  the  King, the  Will  of  him  counfelled  by  his  Sages  about  him,  though 
not  fo  (perhaps)  in  Vlpian's  meaning,  or  the  common  intendment  of  Civilians  by  it, 
which  is  the  reafon  why  our  Text-Mailer  applyes  it  as  here  he  does. 

t 

V 

Sed  longe  aliter  potejl  Rex  politic}  imperans  gentifua,  quia  nee  legts  ipfefnefubdito- 
rum  ajfenfu  mutare  poteritf  nee  fubjeBum  populum  renitentim  cnerare  impofitio- 
nibus  peregrinis . 

This  the  Chancellour  adds  in  the  pofitive,as  before  he  had  in  the  negative  aflerted  the 
indulgence  of  the  Englifb  Government ,  which  he  was  the  more  bold  to  write  upon. 
The  King  of  .E»£/<»W  being  not  a  Prince  of  rage',  as  Caracal/a  Pipinianus^My:.,,/,/;*,  „b  Antonio  ca- 
wasbut  a  Father  of  mercy,  who  delights  to  hear  his  duty  modeftly  ««Ua/«»<«/>««</r<«  </*.  caiacaiia  mm 
remembred  him,does  not  do  by  bis  Papinians^  CaracaUa  did,  de-  ZZZ^&^tZZl 
ftroy  them,becaufe  they  will  not  deftroy  Confcience  and  truth  the  pi">n>u$  r^.»&m»  i*>Hf*aUp*m«d,um 
Image  of  God  in  their  fouls  •  but  chenfhes  and  confiders  their  coun-  Z'^Z'^l  i"™*1"- lri """"""  cl~ 
lelj.and  ftcers  his  courfe  by  them  ;  which  lenity,  makes  the  Cbancel-    spanianus  m  caiacaiia. 

lour 


t64- 


A Commentary  upon  FoRTssduE. 


ttgifcu  *n<infuntnr  rilitrt:  Ttlilia,  nee  W 
tri  flT<"»  frtcticn  in  fnftcwient  )nf  tun  , 
nnti  it  Tterthn,  tr  «'"'  Mennwcbu  Vnnti- 
pihni  tun  invent.  £«•*  in  ipfirum  peffere 
funt  It'll  rtcndit*  prtnl  (dfiti  ecenrrnnt,  & 
fri  lege  hakelnr,  nntd  Tnncipi  pi*  it  funt 
)nr*  gentium  trniuut ;  fed  it  rtiUtitm  ft- 
Hum  ntnfu  ttftrilnr.  am*  ntn  *nieb*nt  f* 
cert  tliannm  neviteutm  prster  legem  ttnftri 
turn  Sa»ftusThomls./;t.  Determine 
Trincipum.  c.  I . 


Kin^Jamei't 
Infilinn  Dtren, 
1  Book./>.  m. 
Works  in/./. 


Contzen,  ptlitic . 
tib.ltc.  II. 


-lour,  and  me  by  this  example,   humbly  bold  to  proceed  in  the  mo- 
del* explication  of  the  words  ■   Sed  longi  aliter  pott  ft  Rex,  ptliticc 
imperam  genti  lua.     In  which  words,  our  Text-  Mailer  joyns  poli- 
tical power  to  abfolute  regal,  and  fweetens  the  pottft,  that  is  folely 
vilunutu  &  placiti,by  that  which  is  politique, and  fecundum  ditla- 
mtn  juris. Yor  wheras  by  abfolutenes  of  power,a  King  is  underflood 
to  do  what  he  pleafes  with  the  Laws,and  people  of  his  Government, 
as  the  Eaftern  Monarchs  at  this  day  do  :  By  this  the  King  can  do 
or\e\y,<juodde  jure  tote  ft.  This  King  fames  of  bleffed  memory  frts 
out  notably  in  thefe  words :  The  one  (fays  he)  acknowledged  him- 
felf ordained  for  hit  people,  having  received  from  God  a  burthen  of Government ,  whereof 
he  mull  he  accountable  ■i  the  other  thinkjth  his  people  ordained  for  him  a  prey  to  his  pafftons 
and  inordinate  appetites,  as  the  fruits  o\ his  magnamitj.     This  is  a  long  e  aliter  foteft,  no 
degradation  of  Ma  jefty,    but  an  attenuation  of  greatnefs  to  a  more  placid,  and  lefs 
terrible  reprefentation  of  it  felf.  While  as  God,  though  he  can  do  what  he  will,  yet  is 
pleafed  to  give  us  leave  to  fay,he  cannot  do  what  is  contrary  to  his  nature,   nor  often 
does  contrary  to  his  declared  Will :  fo  Princes ,  though  by  that  men  call  the  incircum- 
fcripcions  of  their  boundlefs  authority.they  can  do  extraordinary  atfts  of  greatnefs .  yet 
God  fo  deals  with  them,  that  the  Laws  of  their  Governments  are  the  ufual  methods 
of  their  adminiftration,&  contrary  to,or  beyond  them,they  do  not(as good  Kings)o&k  ■, 
and  fintzsn  makes  it  good.that  it  is  not  only  advantageous  to  the  peoplc,but  alfo  to  the 
Prince,    or  publique  Magiftrate,  to  have  no  power  to  do  fome  things  of  himfelf, 
without  the  confent  of  his  inferiours,  and  he  makes  the   firft  thing  to  be,  that  he  put 
no  nCto  Charges,  Tributes,  and  Tolls ;  and  the  (econi,that  he  make  not  neve  Laws,    nor 
abrogate  oldwithout  them.  And  this.had  it  not  been  for  the  quiet  and  intereft  of  our 
Princes,  as  Well  as  of  us  their  people  ■,  they  who  knew  fo  well  the  arcana  imperiomm^ 
would  never  have  been  fo  zealous  imparters  of  the  power  ,  and  fo  faithful  maintainers 
of  it  in  its  right  channel ,  no  one  King  of  England,   that  I  remember,    ever  claiming 
abfolute  Regality  feparate  from  politique  infufion.  ( /  do  folemnly  promife  in  the  fight  of 
God  to  maintain  thejuft  priviledges  and  freedom  of  Parliament,  and  to  govern  bj  the  known 
A 'my^at  °s»*/-   Laws  of  the  Land, to  my  utmoii  power  ;   and  particularly,  to  obferve  inviolably  the  Laws 
firi.Septem.iniz.  tonfented  to  by  Me  thit  Parliament. Let  your  Liberties,  Properties,  Priviledges,  without 
which  J  would  not  be  your  Kmgjbe  fecured  and  confirmed,and  there  is  nothing  you  can  advife 
me  to, I  will  not  meet  you  in:  )    But  acknowledging  any  think  like  it  an  errour  in  him, 
through  the  fuggeftions  of  ill  Counfcl,  and  cautioning  againft  its  being    brought  in 
prefident  for  time  to  come.  And  therefore  as  the  Law  has  lecured,that  the  King  fhould 
not  be  diminifhed,   and  made  pracario  regnare,  fed  ubi  jufte  &  fecundum    leges  im- 
perarit,  fumma  iUitu  fit  pot  eft  as ;  making  him  in  his  great  Council  and  Courts  Judge  of 
all,  (and  requiring  the  Allegiance  of  all  his  Lieges  to  his  perfon,  as  the  Living  Law.) 
So  has  the  Law  obtained  from  the  King ,  leave  to  modifie  things  between   Will  and 
Law,  and  to  make  them  Both  a  Compofition  of  Harmony,  and  kintfunderftanding  be- 
tween Soveraignty  and  Subjection.    The  truth  of  this  is  collectable  from  the  words  of 
H.  l .   firnamed  Beauclerk\ ,  in  his  Letter  to  Pope  Pafchal ,    Notum    habeat  fantlitas 
veftra,8ic.     Your  Hcljnefs  (  quoth  the  King  )  knows,  that  by  God's  blejpng  on  my 
life  and  Reign 4    the  Prerogatives  *nd  XJfages  of  Our  Kingdom  of  England  ,  hat  not  been 
diminifhed  or  ufurped  upon :     And  if  I    (  Vehich  God  forbid )  Jhould  confent  to  mine  own, 
and  the  Nations  Eclipfe  therein,  my  Peers  and  the  whole  People  of  my  Realm, would  by  no 
means  endure  it  fo  to  be.     And  fo  in  the  Letters  of  the  Nobility  of"  England,  by  aiTent  of 
the  whole  Commonalty  alTcmbled  in  Parliament  at  Lincoln,  the  words  to  the  Pope  are, 
We  are  bound  by  folcmn  Oath,  to  the  obfervation  and  defence  of  the  Liberties,  LaVus,  and 
Cuftomes  of  the  Realm  e/England,  Vehichwith  all  our  poVt-er  we  will  ho  'dfaft,    andfecure 
with  our  utmoft  vigour -,  neither  do  we  permit,  or  wiU  we  permit -,   neither  will  we,  or 
JUght  we  to  pafs  an]  undented,  undue,  and  prejudicial  things  to  our  King  ,  though  he  would 
pafsbythem,  and  jhould  favour  the  fame.    And  the  reafon  they  give  of  this  their  adhe- 
Cvenefs  is,  becaufe  the  premifes  do  maniftftlj  tend  to  the  dtfhcnour  of  the  Crown  and 
Dignity  of  the  King  of  this  Land,  andto  the  fubverfionof  the  State  of  the  J aid  Kingdom, 
and  to  the  prejudice  of  the  Liberties,  Cuftoms,   andantient  L«V/s  of  the  fame.     Thus  in 
that  Letter ;  which  fhews,  that  the  Kings  of  England  have  yielded  their  Subjects  a 


His  Jtitjeftie't 

?io:efU:ion  in 


Speech  to  the 
Members  of 
both  HouTcs  at 
Oxford,  1649. 
p. 44  Co!] eft. 
Contzen  tehtie. 
lii.i.c.ii.f.tx. 


Sit  Sinp.  Coupon 
Stat.Merton.c,). 
p.»?.  a.tnftit. 


non- 


A  Commentary  ttponF  or  te  s  c  ue.  165 

non-afTcnt,  if  they  (hould  attempt  to  alter  Laws,  or  make  them  contrary  to  the 

legal  Eftablifhments  ;    and  this  conies  up  to  the  Chanceilour's  words,  Nee  leges  ipfe 

fine  / Editor  urn  atfenfn  mutare  peter  it.     And  *  C*rrarius  makes  it 

plain  by  all  authorities  and  acknowledgments,  that   Princes  are    *  Lit  Dt  ,iur*u  &  mjjHc*  j*rii  mtr- 

bound  by  the  Laws  of  their  Governments.  And  as  it  is  not  Kingly     '"?r"'  *  **  "*" '"  f' '"" 

in  them.contrary  to  thofe  Laws.to  take  away  any  thing  that  is  their 

Subject,  as  Saint  Thomas  plainly  proves  ,  fo  efpecially  not  their    **  »■  ft  »• D' ""*"""  ^"""f"- 

Laws ;  nor,  as  I  faid  before,  has  it  ever  been  Juftified  by  any  King 

of  England  fo  to  do ,  but  the  contrary,  and  that  in  relation  to  the  Law  ,  which  fays, 

No  Law  in  being,  whether  Common-La^  ,    Statutt-Law ,    or 

Caflome.  upon  which  Inheritances  depends,  can  be  changed  by  the     Speech  of  King  Jmm,  uo$.  F.  *•«, 

J         ,  '       r     ,        ■       ,       ,  j—  1  .         1     s,        .'.  Speech  of  King    tharlti  ,   p»fs.   Bills     in 

JCwj  a!one,or  by  the  Lords  and  Commons  alone ,or  by  the  Lirds  Lay     AmVer  to  the  Tain™  ./  j^it .  }  c»- 

and  Comment,  excluding  the  Spirituality  •  but  by  the  King ,  as  the     ">•'. 

Head  of  the  three  Eftates,  the  Lords  Spiritual  and  Temporal ,  and     *  £**  c"^  on '  w'r,w'f"r-  >*u 

the  Knights,  Citizens,  and  Burgeffes  ,   in  the  Commons  Hottfe  in 

Parliament.    Thefe  muft  co-operate  to  the  change  of  a  Law  ^    and  without  they  do, 

no  Law  can  be  changed  ■,  nor  can  any  Cuftome,  though  but  local,   upon  which  Title  \\*^\t.esca.l7. 

of  Land or  fuch  like  mtereft  of  the  Subjeft  dependcth,    be  deftroyed,   or    be    legally  »  WHt.«.  3o.on 

taken   away,  or   made    null  ,  but  by  Aft  of  Parliament  •,  which  how  topafs  (be-  M^lc^"*' 

fides  the  prementioned  Authorities )    the  11th   Chapter  of  Doilour  and  Student  fets  p'  °' 

forth.     And  hence  it  is,  that  in  all  Commiffions  of  Oyer  &  Terminer,  &c.  thefe  words  1  inftit.  on  m 

are  in  the  King's  Comroiflion  to  his  Juftices,  F*Zlnri  auodad  juilitiam  ptrtintt  fecun-  ^^1'^"* 

dnm  legem  &  confuetndinem  Anglic  •,  which  fhews,  that  the  Laws  are,  as  enafted,  fo 

commanded  by  the  King  to  be  executed  according  to  Law  and  Jufticc  ,  and  this  makes 

the  Chanceilour's  next  words  true. 

Ktc  pcpulum  rtnitcnttm  ontrtrc  ptrtgr'mis  rmpojltionibus. 

This  expatiation  of  the  former  mn  fotefi,  produces  this  Claufe.as  full  of  emphafis's,  at 
words,  fopnlum  ~\  that's  a  word  of  capacity,   more  then  genttm  -,  for  gens  fignifies  a 
kindred  and  relation  ■,   but  popnlns  imports  a  whole  people-,    not  onely  the  flebs,  and  Aiciami  &  Bre- 
obfeure  part.but  the  beft.nobleft.and  moft  honourable  -  and  the  intent  of  the  Chancel-  ',*"  ^g.^'pd 
lour,  is  to  fhew  in  the  generality  of  the  phrafe,the  extent  of Jmpofitions  to  all,  high  and  veib.  Cgaific 
low.noble  and  mean, Church  andLay-meiiiall  are  under  the  term  p-pulum  renittntem~]zs 
fuppofing ,  that  naturally  men  rcluft  charge,  and  fubjeftsufually  publiqueonts-.itthe 
people  be  willing  topay  what  is  laid  on  them,the  Text  does  not  reach  their  willingnefs, 
nor  debar  them  of  it  ■,  but  it  priviledges  them.unwilling  to  be  compelled  othcrwife  then  v'tem  mm  ft  <'«• 
byLaw.Eor  as  no  man  can  be  compelled  to  ferve  againft  his  will  any  command, extra  pa-  >*""• 
triam,  becaufe  that  is  to  exile  him,   and  make  him  perdere  patritm  ,  which  the  Law  fo  Statnf  Fl  Go. 
makes  his,  that  he  cannot  be , other  then  by  judgment  of  Law,without  hisconfent  feve-  10n.wi.u7- 
red  from  it,  as  was  determined  in  Sir  Richard  Pembr  ugh' %  Cafe •  fo  in  his  Couatrcy  jnft£hld  pj£  °" 
can  no  man  be  impofed  upon,  either  in  perfon  or  eftate,  other  then  as  he  is  willing,  or  cb^u,  p.  4«- 
according  to  Law,  Stat  E.  i.e.  1.    And  thereafonis,   becaufe  that  is  enerarc~\   and  '•»'»•»•  p-'1- 
burthens,  the  Law  eafes,lays  not  on  any  fhoulders.  And  for  our  Kings,  the  Law  other- 
ways  provided.    They   had   their  Cuftumal  attiaua    five   magna    granted    to  Ed-  1  giit..i>}ir.its. 
ward  the  firft ,   and  their  Cuftuma  parva  &  mva.    They   had    their    Butler  age  ,  c"k*  lnflito' 
Prifage  ,  and  Tunn.tge  and  Poundage,  from  the  latter  end  of  H.    6.    to  King  fames,  ''"''T^T*'*'' 
to  whom  it  was  granted  for  life.     They  had  ^uinzims.  Fifteenths,  Tenths  ,  and  thefe        **■  •*• 
were  accounted  truly  theirs,  and  no  burthens,   becaufe  legally  founded.  For  as  what- 
ever the  Law  lays  on  the  Subjeft ,  is  in  our  Texts  fenfe  no  burthen  :  So  whatfoever  is 
without,  and  againft  the  Law  laid  on  him,  is  nothing  lefs  then  a  burthen  ■,  and  that  he 
fubmitting  to  unwillingly,  and  wifhing  no  good  with  the  obtaining  of  it  from  him,  it 
often  appears  little  advantage  to  the  Pnntes  that  acquire  it.    ivalfingham  tells  us  a  no- 
table ftory  of  the  L«ck.-lr*rn;ng  Parliament,  which  gave  fo  great  a  Wound  to  the 
Church,  that  when '  poffibly  by  iheir  irritation)  Sir  fehn  Chty*y,d,nd  his  Military  Com-  ^nn 
rades,   defired   of   the  King  the  Lands  of  the  Ntrman  Albies  in  England,  in  re-  vemps«.t. 
compenee  of  their  ferv;ce,  Cod  gave  the  then  t\rd.-R\(ho$  of  Canterbury  fucbafuc- 

K  k  cefsful 


\66  A  Commentary  upon  Fortes  cue. 

,   '  cefsfulzeal  for  the  profperity  of  the  Church,  That  he  (Prelate-Ukt) 
(,  n«x  ayi  aift  vcfht  puiifidjftt  wttm-     Couraqwn(lj  tbtefted  again  fl  it,  telling  thtm  to  their  faces,  that  they  did 

tSE^&fitff&Z  "  »M>  '**  *-*•  i  <«*  4»»ng  the  K,ng,  that  if  that  their 
n*mfi»if.  yum  Eccltfi*  itfuutim  mi-  execrable  defire  were  accomplifhed,  he  would  not  be  riiltcr  one  farthing 
mm  j»rifm.  p.«i  j.  tye  nextje4r  ,    and  fooner  will  I  (  faid  he  )    hav t  my  head  cut  iff,  then 

fubmit  to  lofe  the  Rights  of the  Church.     And  the  reafon  was,   be- 

caufe  it  was  impoftio,  not  coneeffio,  a  fruit  of  their  importunity  and  ill  advice,  not  a 

.     .        grant  after  Judgment,confidenng  what,and  why  to  do  -}  and  peregri»a,  not  more  majo- 

ainhej'dge",  °  rum  ■,  and  hence  relu&ed,  as  dangerous  and  of  ill  prefident.    For,  K  the  Common-Law 

3F«..Seeidi»ftit.  h*th  fo  admeafured  the  Prerogatives  of  the  King,  that  the]  fljould  neither  take  away,  nor 

o«*»  ^'l""y'  prejudice  the  Inheritance  cfanj  ;  and  thefe  Monopolies  being  malum  in  fe,  and  agatnfi  the 

Common- Laws,are  confetsnently  4gaivfi  the  Prerogative  of  the  King;  for  the  Prerogative 
see  the  PntmUi  0fty  KiMg  ts  given  him  by  the  Common- Law, and  is  part  of  the  Laws  of  the  Realm.  So 
cw'ATfor''  thatthefenfeoftheChancellouris,  that  no  charge,  but  what  for  its  nature  is  ufual, 
the  nooooo /..  and  for  its  authority  is  legal,  is  by  our  Text  to  be  laid  on  the  Subject  contrary  to  his 
firmxum.  COnfent,  that  is,  other  then  by  Parliament,  which  onely  can  naturalize  thefe  impofi- 
fArvi  d,jCaiv,  tiones  peregrin*,  and  make  them  paflable  ■,  and  without  which,  as  lewd  women  of  plea- 
tnimtft.  dt  fub  fure,  are  by  Donatus  termed  peregrin*,  and  VaHa  oppofes  Peregrmus  to  Hoffies:  (o 
t'L  I'uJnffHt-  do  tn c  Laws  of  England  brand  Impactions  of  this  kind ,  as  fpunous  and  re  jeftitious,  and 
dmr»m,f<ir*  all  good.Princcs  have  abhorred  to  exa&  them,  after  they  have  been  informed  the  ill 
{Z&m'ZTw  naturc  andconfcqucnceof  them. 


dus.M.i.    Dc 
Confid. 


Quart  pcpulusejus  liber e  fruit  ur  bonis  fuis  legibus,  qua*  cupit  regttlatas  ,nec  per  regent 
fuum  nee  quemvis  ahum  depilatnr. 


Thisfollows,  to  fhew  the  benefit  of  good  Laws,  by  which  juft  Princes  fuffer  them - 
tinftit.  t  jj4.  f-lvesto  be  bound.     A/lTaMages,  Burthens,  or  Charges,  put  upon  the  Subject  by  the 
King,  either  to,  or  for  the  King  ;  or  to,  or  for  an]  Subject,  by  the  King's   Letters  Pa- 
tents,  or  other  Commandement  or  Order  j  is  prohibited  (by    1%  E.    ".  and  34JJ.  i.) 
unleffe  it  be  by  common  confent  in    PARLIAMENT.     And    hence  ,     be- 
c  mfe  the  Kings  of  England  do  not  claim  power  over  their  own  \  aws ,  or  their  own 
Subjefts    purfes,  but  according  to  Law  ;    it  comes  to  pafs,  that  the  Laws  of  free- 
dom, in  both  the  former  Cafes,  and  all  the  Defcendants  from  them,  remain  firm,  and 
are  not  attempted  to  be  violated;  nor  can  by  the  wit  of  man  a  fatcr  way  be  found  out 
to  prefarve  the  Virgin  purity  of  Laws  in  thefe  points,  other  then  by  fetling  fuch  Reve- 
»        nues  u,pon  the  Crown,as  well  husbanded,  will  amply  fatisfie  the  neceifmes  of  it.     If  the 
Xing74m«'«       King  wants,  the  State  wants,    and  therefore  theftrcngthningofthcKingisthcprcferva- 
Speeeh,  Haf.     tie„  and  the  fianding  of  the  State,  and  wee  be  to  him  that  divides  the  weal  of  the  King  from 
Woi°ks!    "        l^e  wmI  of  the  Kingdom  ;    and  as  that  King  is  miferable,  how  richfetver  he  be  that  reigns 
over  a  poor  People  (for  the  hearts  and  riches  of  the  people,  are  the  Kings  greatest  Trea- 
fure)  [0  is  that  Kingdom  not  able  tofubjifi.hiw  rich  and  potent  foever  the  people  be,  if  their 
Kings  Want  means  to  maintain  this  State  ;  for  the  means  of  your  King,    are  the  finews  of 
the  Kingdom,  both  in  W-xr  and  Peace.     For  fince  Princes  have  great'  cares,   charges  and 
flucesofexpence,  „and  want  of  money  is  fuch  a  difhonour  to  a  Nation,  and  defeat  to 
the  politique  affairs  of  it,as  nothing  can  be  greater  :  It  well  becomes  Princes  in  reafon, 
as  it  is  commendable  in  policy,    to  fupple  their  Subjects  to  fuch  fettlemcnts,    and  Sub- 
jects of  loyalty  and  wifdomfto  fuch  unqueftionable  goodends,as  prefervation  of  peace, 
andintereft  abroad  and  at  home)  will  eafily  confent  to  it,  and  think  they  do  God  and 
their  Countrey,  as  well  as  the  King,  good  fervice  in  fo  doing.     And  by  thismeansdo 
they  prevent  all  attempts  of  the  King  by  his  Agents  and  Minifters,  to  fupply  himfelf  ex-  * 
traordinarily  when  he  has  of  his  own,  whence  he  fhall  be  enabled  to  defray  the   ex- 
By  the  stit.  n,  pences  of  his  Crown.    This,  I  fuppofe,  is  the  reafon  of  the  eftablifhment  of  that  con- 
and  ii  Cir.i.    ttant  Revenue  oftheCultoms  on  our  now  Gracious  Soveraign  during  his  life,  and  the 
,ee  Pnmtbu  t0  other  additions,  to  make  up  a  conftant  Revenue  of  12*0000  li.  a  year.  For  though  by 
the  stature        the  Stat,  i  fac.  33.  rehearfalis  made  of  Subfidies  on  all  goods,  which  H.  7.  H-8.  E.6. 
iE.*.cit.      Queen  Mary,  Qneen  Eli*,,  had  and  enjoyed  by  Authority  of  Parliament  •,   yet  the 
Giant  of  Tonnage  and  Poundage,&c.  for  defending  the  Seas,  was  even  then  thought  a 

fmall 


A  Commentary  upon  Fortes  cue.  i6j 

fmall  Revenue  for  foexpenfive  a  purpofe,  and  this  was  but  during  the  life  of  King 
fames.  After  I  find  no  perpetuation  of  it,but  j  Caroli,  c.  7.  four  entire'Subfidies  are 
gra  nted  by  the  Temporally  ,to  fupply  the  King's  weighty  oceafions,  more  then  his  eonftant 
Revenne  canfupplj ;  fo  are  the  words  of  the  Statute.  So  that  Tonnage  and  Poundage, 
being  as  fome  thought  before  our  troubles,  not  fetled  by  Ad  of  Parliament,  but  taken 
away  by  the  Statute  17  Car.  1.  in  Anno  1*41.  bywhichAd  (more  faith  theKingirj 
his  Speech  the  2*  offune  1 641 .  was  granted  of  his  right  then  ever  was  by  any  of  his 
Prtdeceffours )  the  Revenue  ofthe  King  was  but  meanly  provided  for  till  this  fettle- 
ment;  which  truly  all  things  confidered,  will  appear  to  be,  though  a  great,  yet  a  wife 
and  worthy  one,  and  as  is  by  wife-men  believed,  no  more  then  the  neceflary  expences 
ofhisMajefty  will  require.  And  if  it  do  prevent  the  inconveniencies  of  needineft, 
(one  of  the  moft  worrying  mifchiefs  to  greatneis)  the  Subject  will  have  great  caufe  to 
pay  willingly,  and  joy  in  the  prudence  of  fo  convenient  a  fettlement,  as  will  prevent 
what  follows,.P«/<»g  and  polling  of  SnbjeSs. 

Nee  per  Regemfuum,  4tit  einemvis  alium  ckpilatnr. 

This  follows,  to  fhew  that  though  the  King,  stub  King,  can  do  no  wrong,  yet  necef- 
fjcy  may  make  him  fo  give  way  to  the  injuries  of  his  Minifters  towards  his  Sub  jeds,  that 
they  may  in  a  fenfe  become  his,   Cnce  qui  non  prohibit  peccare  cumpoffit,  jubet.     Now  Sanaus  T(,eBI 
though  true  it  be,  that  our  Kings  have  ever  confidered  ■,  firft,  an  lie  tat  •,  fecondly,  an  «*.i  «.j.D»Enl- 
expediat  ■,  thirdly,  an  deceatjn  what,  for  the  moft  part,  they  have  done,  and  have  never  dit  ¥"DC>y«*- 
been  of  lAimilius  Cenferintu  his  mind,  who  was  fo  grievous  to  his  Government,  that 
he  would  reward  thofe  that  invented  new  and  unheard  of  punifhments  for  his  people:  Mueii$%.™ij.*" 
yet  is  it  alfo  tru«,that  in  fome  of  theirReigns  too  much  advantage  has  been  given  to  dif- 
contentby  Monopolies,andoew  courfes  of  railing  money,  which(good  Kings)they  have 
made  little  profit  in  the  end  by.Of  thefe  illegal  courfes,  Walfingham  relates  in  E.  2 .  that  watfngham  in 
he  did  ptnere  maculam  in  gloria  fua^nd  that  his  rage  againft  Walter  Langton,h\s  Fathers  £•*;/•  «••«<<>. 
Treafurer,  wasfuch,  that  he  feemed  to  be  ere tttu  in  Tyrannidem,  undemox  centraxir  Iond' 
infamiam  perfeveratttram  temporibtts  diutumis.  This  the  Law  frowns  upon,  as  contrary 
to  the  nature  of  Englifb  freedom  ,  and  thereupon  by  the  Statute  of  1 1  Jacob,  c.  3.    it 
is  declared  a  grievance  and  inconvenience  to  the  Subjcd,   contrary  to  the  Laws  of  the 
Realm,&c.  and  remedy  is  given  againft  it  ■,    yea,  our  Kings  have  taken  great  pleafure 
in  releasing  grievances :   fo  did  Henry  the  firft,  edi&oftatim  per  Angliam  mijfo,  injufii-  "h"  "bBr','f '* 
tint  a  fratrcy&  Ranulpho  inftitutas  prohiberet ,  alietuarnm  rerun*  moderationew  rcVc-  M.Paris,  p.ss. 
eavitinfolitum.     For  they  remembred,  that  a  wrong  it  was  to  opprefs  Sub  jeds  that  &5'f 
are  bound  to  obey,  and  that  God,  whofe  to  do  right  is,  wouid  be  the  helper  of  thofe 
indiftrefc,  and  the  punifher  of  their  Diftreflburs:  fo  true  is  that  rule  of  Saint  Thomas,  u.».m.d« 
Mnltum  timenda  &  tavenda  eft  rapina  Principi,  &  infe  &  fttis  collateralibtu  inferiori-  crud,t  Plinci" 
bm,  multum  enim  efl  Deo,  &  [anttis  exefa,  diabolo  placida,  homini  nociva,8ic.ind  dread-  fUta' 
ful  are  the  effeds  of  God's  Judgment  on  evil  Princes,    as  the  fame  Saint  Thomas  makes  Ui'  u  D' '" 
out  in  the  particulars  of  its  mifery.  Now  depilari  fignifies,  in  our  Chancellour's  fenfe,  a.™  f»nm,  eft 
a  diminution,  or  taking  off  the  good  nap  and  rich  covering  that  an  Englifh-nw^  has.and  ""*'"  P'"»-ma 
not  onely  (hearing,  but  (having  him  to  a  baldnefs  of  poverty  and  fervility.    Tor  slept-  tfbetT'aptd"* 
A»fio  was  the  difhonour  of  (laves,  as  covering  the  head  was  token  of  enfranchifement :  sueton.  mTibe- 
and  truly,  to  reduce  the  Sub  jed  of  England  to  fuch  a  condition,  as  to  be  naked  ofLaw  "°''  '*■ 
and  property,  was  too  much  for  theftout  ftomachofthemen  of  Kent  to  bear  in  the 
Norman  mtliam.    lor  when  they  were  begirt  by  his  Army,  they  then  refolutely  told  Hoiingfhed^.t; 
him,and  his  Normam,   That  they  would  wage  a  fierce  War  with  him,  being  refclved  ra- 
ther there  to  die  the  valiant  Ajfertors  of  their  Laws  and  Liberties,  then  to  fubmit  to  the  2™ '0^011!- 
I*fs  andantiijuationofthem.     And  furefuch  an  ts£gon,  as  had  an  Eagle  greatnefs  in  tud  &  vMmi 
his  Kingly  Breaft,.  would  not  aim  at  fo  mean  thoughts,  as  to  difhonour  his  own  people,  A,exindri'  t  '«<» 
by  depilating  them:   yet  fierce  man  as  he  was,  he  did  depilari,  both  in  F  ranee  and  chLicon.w.i! 
here,  and  he  paid  dear  for  it  on  his  Death- bed:     And  juftly  deferved  he  to  be  berca-  »»9.Broi»pton, 
ved  of  a  Subterfuge  in  the  mercies  of  God.who  had  fo  much  of  mercylefs  favagenefi  to 
men,  himfelf  in  nature,  his  f»bjeds  in  relation,  and  his  vaffals  in  mifery.  The  Chan- 
cellour  thenufes^/Wxr,  to  exprefs  the  cruel  nature  of  Kinglefs   exadion,  which 
ought  to  be  fo  much  die  more  inveighed  againft  by  a  Subjed  to  the  King  of  Eng- 

Kk  a  land, 


16*8       A  Commentary  upon  Fortescui. 

U»d,beaak  it  has  been  much  againft  his  Dignity,  (fono  Princes  ever  in  the  World  hare 

been  more  mercfiul ,  lefs  prefllng  on  their  Subjects,  then  the  Kings  of  England  (  for 

the  moft  part )  have  been.  And  therefore  depilatnr  is  brought  in  here  ,   as  tha:  which  i$ 

looked  upon  to  import  difhonour,  fincehair  is  an  ornament  to  the  head,  the  noblcft  ' 

part,  and 'tis  the  emblem  of  the  vigour  of  nature,  which  fome  lofe  upon  decay  oi'fuc- 

culency;  or  as  a  punifhment  for  (onie  enormity.    Among  the  Jews,   the  Nitrites 

men  facrated  to  God,  were  not  (haven,  no  Razor  came  on  their  head,  and  Abfulom'% 

hair  fo  large  and  thick  was  his  ornament,  rendring  him  acceptable 

Qui  font  itnm  iff,  fiurn  com*  <kt»n-    witjj  a||  ifracl.The  Lombards  thought  (having  of  the  head  the  grea- 

*  ZfiwZiTZ'  JZ^ZZi'Tu.    tert  and  moft  opprobrious  punifhment,  faith  Alvarotns.     Among 

fob.  Pendoiom.  the  Saxons,  to  (have  oft  the  hair,  and  make  a  man  ball'd,    was  the 

Spec  saionic,  /<*.».  in.  punifhment  of  Theft  -,  and  if  a  Woman  were  incontinent ,  (he  was 

(haven  •  fo  if  any  one  pulled  offanpthers  Beard,he  was  punifhable  • 
and  Baldus  gives  the  reafon ,  Qui*  barb*  eft  mtmbmm  in  htmine  -,  and  he  thatconfi- 
ders,  that  Julius  Cafar  took  it  for  a  favour  from  the  Senate,  that  he  had  a  Crown 
granted  him  to  wear,by  which  he  covered  his  baldnefs ;  and  Carolus  Calvus  was  named 
fo,  not  onely  for  diftind  ion, but  in  a  fore  of  reproach  ;  and  the  Mother  of  the  Sons  of 
Cltdoveus,  the  firft  Chriftian  King  of  France,  chofe  rather  to  have  their  heads  cut  off 
then  their  hairs  polled.  He  that  confiders  this,  will  eafily  grant  that  baldnefs,  this  dtpiUtio 
here,intends  fuch  a  peeling  and  p©Iling,as  amounts  to  not  only  poverty,but  di(honour; 
thus  the  Jews  took  baldnefs.  As  this  is  collectable  from  that  feoff  ©f  the  Children  ro  the 
i  Kin*  i.  ii.  ProphetjOaw  up  you  Bald-pate. IheHebrews  therfore  rendred  this  by  B"]0 ,a  word  that  • 
fignifies  to  pull  by  the  roots,  radicitus  evellere,  and  it  implyes  not  onely  enmity  in  the 
doers,  but  pain  in  the  fufferer,  Jfa.  $o.  6.  I  gave  my  backto  thtfmittrs ,  and  my  cheeks 

Q'P^D1?,  to  them  that  fulled  off  the  hairs,  that  is,  to  violence  and  cruelty  in  the  high' 
a&ingsofit.  Thus  this  Text  is  applyed  toChrift  as  Prophetical  of  his  fufferings,  and 
fulfilled  in  them  :  fo  that  the  Chancellour  by  his  depilatur,  means  fuch  an  impove- 
rifhing  of  the  Subject,  as  renders  him  naked  of  all  plenty  and  beauty,  and  expofeshim 
cowelww*.  to  be  in  the  nature  of  a  Villain,  under  the  lafh  and  pleafure  of  his  Lord,  as  horfesina 
Thcaa.  Team  are.    For  fo  Gowel  interprets  the  word  Theam,  Regale  privilegium  eft,   a  no  qui 

fruitur, habit  nHlanorum,  id  eft,  fervorum  &  mancifiorum  intra  feudum  fuum  profagi- 
nem  &  foteftatemde  His,  tit  de  cateris  fuis  feu  Uteris  fen  bonis  mobilibus  vel  immo~ 
bilibus,  pro  libito  diffonendi :  fo  he.  And  this  I  .am  fure  has  been  fo  unlike  the  Royal 
mind  of  our  Princes  to  endeavour,  that  they  rather  have  defired  to  add  to  our  freedom 
and  riches,  then  detract  or  impair  them. 

Confimiliter  plaudit  populus  fub  rege  rtgaliter  tantum  principante,  dummodo  if  ft  in  Tj* 
rannidem  non  labatur. 

Here  the  Chancellour  (hews,  that  where  Regalities  own  no  National  Laws  ■,  yet  if 
they  reftrain  their  power  and  wills,  to  prize  Juftice  ,  and  gratifie  not  their  paflions 
above  general  good,  and  fo  tyrannize  over  their  Subjects,  making  their  lives  grievous 
them  ,    there  alfo  people  cannot  choofe  but  be  happy.    This  the  grave  Hiftorian  Xc- 
L>6.De  Memori-  nofhon  notably  confirms,  TJ  far  j*p  tKoimtr  n  rav  *rSf  attar,  &c.     That  Government 
bilik.  Socr*w.     which  is  over  men,  willing  and  readily  fubmitting  to  the  fame,  and  wherein  the  Lavs  are 
the  meafnre  of  Rule, is  called  a  Kingdom  -,  but  where  men  are  ruled  bj  no  Law,   but  by  the 
will  of  their  Ruler,  againft  thtir  own  wills ,  this  it  a  Tyranny .     For  there  being  no  Go- 
vernour,  or  Government,  but  acquiefces  in  thofe  common  notions  of  Order  and  Ju« 
ftice,  which  interfere  not  with  power,   but  co-operate  with  it,  it  muft  needs  follow, 
that  Subjects  under  fuch  a  Government,  though  never  fo  tart  and  fevere,  yet  if  it  be 
jaft,  (hall  not  (while  they  continue  wary  and  worthy)  find  any  grievance  of  the  power  » 
but  find  a  blefiing  in,  and  from  it.    For  it  is  not  greatnefs  of  power ,  that  betrays' 
mentoabufeof  it.but  their  own  corruption,  which  thence  takes  occafion  to  vexaci- 
oufly  exercife  it.    And  this  is  the  Rife  of  all  Tyranny,  when  men  obtain  power  to  eli- 
minate virtue.and  that  once  difcarded,   to  become  Monfters  and  Tygers  in  man's  flefb 
riuiuchu  *i      •  Ji**  ?/A»«-»?i*<  TrJrtf  X°^'>  *c-  F"r  Reafon  a*A  Wifdom*r  eft  ding  in  a  Prince,  and  being 
ingmtmiuccm     (0  it  were)  the  keeper  of "his  foul, whatever  in  his  power  is  dangerous,  itfweetens  and  allays 
jvi5^/"™'    and  leaves  onely  the  kind and ufeful farts  of 'it  for  him  to  exprefs.   Againft  which  abufc  of 

God's 


5-5- 


A  Commentary  upon  Fortejcue.  i6# 

God's  bounty  in  Princes  prdation,  there  is  no  more  expedite  a  Cordial  anddefenfa- 
tive,  thentoconfiderGodtheLordofall,  as  a  rcfifterof  the  proud,  and  a  giver  of 
grace  to  the  humble,  and  take  a  refolution  to  pra&ife  fuch  a  dominion  over  ones  own 
minde,  as  may  reduce  it  under  the  Empire  of  reafon  and  juftice  (which  Bias  expref-  ^iJstcteutj 
fed,  when  be  wept  upon  condemnation  ofa  man  to  death,  and  one  asked  him  why  he  Ai»«-j«M 
wept  for  what  he  had  occafioned.his  anfwer  was,  077  dva.yx.aiov  foe,  &c.  becanfe  'twas  ne- 
cefjarj  that  the  afeBions  cf  nature  fhottld  give  veaj  to  the  direllions  and  Commands  of  the 
Law)  fo  to  do  to  others,  as  they  would  have  others  do  to  them,  and  then  to  pro- 
pound fuch  Prcfidents  of  equanimity  or  rather  Magnanimity,  as  are  famous  in  their 
kind  in  men  of  great  place  and  opportunity.  'Twas  a  rare  demeanour  toijEAitts  Pertinax 
which  we  read  of,  when  the  Romane  Senate  befought  him  that  he  would  call  his  Queen 
A*gnft*  and  his  fon  Cafar,  his  reply  was,  fnffictre jntfttit^debet  auod  egf  iffe  invittti  reg- 
navi  quam  non  mererer,nimit  a«Hiffimi*s  j>mmjtme\nc  communis  -t  yea 

if  fo  great  ingenuity  be  in  the  foul  of  power,  it  will  not  exprefs  it    Jornandes  lib,  1 .  Dc  j£lid  Per- 
felf  to  any  heigtb,  but  what  is  confiftent  with  general  content  and     tinac. 
common  advantage.     I  do  not  read  that  Sthmon's  Reign  had  any 

thing  but  plenty  and  bleffing  of  the  King,  yet  SiUmm'%  power  l,^  >MmT.  „ini  &  c„ruaudinilui  4 
was  in  a  fenfe  abfolute ;  nor  that  Ccnflantine,  Marcus  Antoninus,  r*mm  inmi^su  &  <u»  §tmm.  tr^a 
or  Traiam  Reigns  were  branded  with  ought  oppre/five  to  their     'MdtMt,*>  'ft  "'■•""  ™"w»  <  i««f«bd,. 

,   .    J  ,  °,        ,  .      ,      ,.      1  .  r  1  r         L    ..     •    t\    .-•  lorumi    rex    mfcr  win  ieiittitttur  cnfilu, 

Subjects,  though  they  had  all  the  ablolutenels,  that  julc  Kings     ^»«™r»OTXr^»««,  fmM  j»ri,,&  «j„; 
could  have.    So  long  as  there  is  a  noble  heart  and  a  vice- lets  mind      '"ifii«»*nihu.  fn*  fapmu  &  eUynmt 
which  to  gratifiegreatnefsdefcends  not  beneath  it  felf,  there.,  no    ^S&fS^SSStmt^. 
danger:  nay  fo  long  as  Lawes  of  mitigation,  gagg'd  by  Reli-     *■  contact. Angiii. 
gion,  have  onely  the  force  of  remembrances  to  Princes  j  Sub  jefts 
arc  more  to  pray  for  good  Princes  then  good  Lawes.     For  there 

may  be  good  Lawes  in  a  Nation.where  under  a  bad  Prince  the  Sub-     '°  mfiv  itiiiHv,  Ifl-©-  <T«toi 
jed  may  bemiferable,  but  under  a  good  Prince  bad  Lawes  feldom     ^"f* '  **  <»**«  £#r  **  k^HiI'ov  Shr 
do  hurt;  for  his  goodnefs  prevented  their  illinfluence,  and  whol-     »°V«,  Stobaeus/jriw.  9.  dejufti- 
ly  annihilated  them  by  fuperinducing  lawes  of  remedy  and  rela-     oa.  f.  10 1. 
xation.     And  hereupon  Confidence  being  under  the  aw  of  religi- 
on, and  the  Law  of  God  binding  Subjects  from  capitulation  and 
violence,  to  prayers  and  tears  ^  if  the  Lawes  be  good  and  the  Prince  fo  too,  all  is  fure 
to  be  well-,  but  ifotherwife,  and  they  muft  be  parted,  better  a  good  Magiftrate  over 
bad  Lawes,  then  good  Lawes  under  a  bad  Magiftrate  .-  for  fo  it  follows. 

Ve  (fftali  Rege  dieit  Philojophus  tertio  Politicorum,  qnod  melius  cilcivitatem  regi  vir* 
optima  (jttam  Lege  optima. 

This  Maxim  of  the  philofopher,  is,  I  fuppofe  to  be  accounted,  true  upon  Corifiderati- 
on  of  two  things.  Fir(t,That  good  men  were  more  ancient  then  good  Lawes ;  for  good 
Laws  were  invented  by  good  men,inftituted  by  God  in  Providence  to  the  declenfion  of 
men  from  rc&itude,  as  converfation  and  difcovery  of  the  world  occasioned  their  warp : 
for  in  Patriarchal  times,  &  in  the  tnnocency  of  the  golden  Age,Nations  and  Continent* 
fubmitted  ro  one  or  few  in  whom  they  faw  moft  Divinity  and  Heroiquenefs,  and  from 
thofedid  they  willingly  receive  the  rule  of  lite  and  all  the  Prefcripts  of  their  publick 
and  private  C  oncern  •  and  when  to  fuch  Rulers  and  Law-givers  there  was  no  Law  but 
their  own  wills,  no  queftion  of  their  Commands  but  prefently  they  were  obeyed  •  yet 
even  then  did  the  virtue  of  thefe  Chiefs  and  Patrons  keep  them  fromTyranny,and  affe- 
ctation to  themfelves  with  injury  to  the  publick.  But  when  once  Vice  had  boyled  off  the 
grain  Colour  of  virtue,  and  there  was  adoration  given  by  men  to  the  Idols  of  Pomp, 
Power  and  Magnificence  ■,  then  there  was  a  necefiity  to  limit  Encroachments,  and  to 
impede  Advantages  againft  popular  Credulity  by  politique  San&ions,  and  to  make 
thofe  acceffable  to  rule,  who  were  moft  demonstratively  j'uft,  and  had  the  moft  gene- 
rous and  open  latitude  of  epidemique  Juftice  in  them,  which  policy  made  all  men  of  E- 
roulation  Candidates  to  Gouernment ,  and  thofe  onely  fore  to  have  it  by  publique 
fuffrage,  who  had  th;  moft  pure  and  publique  Spirits  in  them.  Secondly,  Better 
good  Kings  and  Piulers  then  good  Lawes,  becaufe  good  Lawes  are  nothing  without 
good  Kings  and  Rulers  that  execute  them  :  Alas,  the  Law  is  but  a  dead  Letter,  'ti« 

the 


l^O 


Ifocrat.  in  Eva- 
gora  *fitdS:o- 
bKum/mn.  46. 


'H  p?  >8  £<*«- 

JPkmnvtH  yt- 
yvi,  Arift. 
/if.  5.  De 
Rep.  CIO. 

Sxcetlentid  rti  ift 
la  4£?w  n»n  in  hA- 
Iiih,  Sckolaftici 
Srobzas/irm.  41. 


Eutropius  in  <>£ 
vUriot  IH.  9.  4<4 
fintm. 


Eicon.  Bafil.  e. 
n.Tttbtthntr. 
of  Wales,  mm 
lur  ireti  Stvt 


^Commentary  upon  Fortes  cue. 

the  Mir.ifter  of  it  that  quickens  it,  without  him  the  beft  Laws  are  but  like  Medicaments 
in  the  ,-\  pothecary's  (hop,  unavailable  to  the  tick  man,  who  dies  notwithftanding  them. 
Indeed  as  Demofihenes  faid,rioA.sa>«  -i-^X^*  *&  "^  rfy"««  &c-  Lawes  are  the  foul  of  Gover- 
nments ,  but  what  are  fouls  without  bodies  in  wh.eh  theymove  :  Ifraei  hadgood  Laws 
in  Ahab's,  Rhihtboam's  and  other  ill  Kings  times,  but  the  Nation  was  never  the  better 
but  the  worfefor  them,  becaufe  God  was  more  provoked  by  them,  as  they  were  noc 
improved  aright  under  evil  Kings,  and  thereupon  all  people  are  to  pray  earneftly  lor 
good  Governoars,  That  under  them  the]  may  live  peaceable  lives  in  ad  GoMtncJs  and 
Honeftj.  For  as  it  is  not  fire  in  the  hearth  that  makes  warm-,  nor  air  in  the  sky  that 
carryes  to  the  Port ;  nor  light  in  the  Candle  that  enables  to  read  ^  nor  money  in  the 
purfe,  that  feeds  man,  unlels  they  be  adapted  to  us  j  and  we  within  the  fphear  of 
thefe,  whereby  they  may  properly  effect  their  end  upon  us  •  So  is  it  not  good  Lawes 
that  felicifies  a  Nation,  unlefs  they  be  made  happy  by  a  good  Guardian  and  Defender 
of  them.  Ifccrates  calls  Svagoras  fuch  an  one,  for  his  Empire  was  fo  moderate  and 
juft,  that  all  his  life  time  in  it  he  led  iJita.  j£'  ibwiv,  &c.  without  injury  te  anyone, 
honouring  the  good,  ruling  over  the  bad,  and  punijbing  evil  men  ontlj  according  to  the 
Lawes  •,  for  fuch  an  one  will  not  onely  execute  good  Lawes  in  being,  and  fufpend  the 
rigour  of  ill  ones,  till  they  can  be  repealed;  but  feftinate  the  fubftitution  of  good 
Lawes  in  room  of  ill  ones,  and  remove  the  fnare  in  Which  Subjects  may  be  harmfully 
caught  •  and  hence  good  Kings  are  called  Fathers  of  their  Countries,  becaufe  as  they 
do  ignofcere  delict  a,  fo  do  they  agnofcert  debita  ;  and  if  iheir  Children  ask,  them  bread, 
they  wiH  not  give  them  Jtones  :■  iffi/hes,  not  fcorpio'ns :  and  this  the  Philofopher  faid  was 
the  end  of  Kingdoms,  which  were  to  preferve  virtue  from  the  ratine  and  prey  of  multi- 
tudes, the  Extravagance  of  which  ends  inTjranny.  For  if  all  things  followed  the  fuf- 
frages  of  popularities,  there  would  be  more  Jews  in  vote  to  crucify  truth  and  depofe 
its  regency  in  the  minde,  then  cryers  out  for  it  ■,  becaufe  the  whole  world  lyes  in  wick- 
ednefs.  And  hereupon  though  good  Luwes  are  rare  bleffings  in  themfelves,  yet  com- 
pared with  good  Kings,  they  arc  lefs  bleffings  ■,  becaufe  Kings  are  the  Executioners 
that  make  them  what  they  are  in  their  exercitial  goodnefs,  and  upon  this  ground  I  fup^ 
pofe  that  of  Pythtgorat  is  notable,  W  riktm  iiuliUit  Xfnrlu),  &c,  that  wot  the  .beft  of 
Cities,  Which  had  mofi  good  men  in  it.  It  is  then  a  truth,  That  good  Rulers  are  better 
then  good  LaV?est  becaufe  they  make  good  Lawes,  and  execute  good  Lawes  when 
made,  and  that  with  fuch  moderation  as  argues  them  wife  and  worthy  Mafters  of  their 
own  mindes,  and  thereby  not  tempted  to  in  juftice  ■,  which  Dioe'efian  eminently  made 
good,  for  though  he  were  no  friend  to  Chriftianity  but  a  vehement  impugnerofit 
yet  he  was  fuccefsfull  and  great  in  efteem  with  his  Souldiers,  Subjefts  and  Confede- 
rates, and  the  firft  of  all  the  Roman  Ernperours  that  refigned  the  Empire  to  lead  a 
private  life  j  and  the  Hiftorian  fayes,  he  had  a  fuitable  honour  done  him  for  his  tempe- 
rance, Of  aU  private  Perfons  of  hu  time  he  oneh  wm  deified.  Forfurely,  he  that  could 
leave  fo  great  a  Command  contentedly,  without  doubt  ufed  remarkable  juftice  in  it; 
for  had  he  delighted  in  making  his  will  the  law  of  his  Government,  he  could  not  have 
willed  his  diminution,  and  propofed  alone  when  none  other  did  or  durft,  his  own  dis- 
charge from  that  Royalty  into  the  degradation  of  a  privacy .-  but  God  dealing  with 
the  haughty  nature  of  man,  does  by  his  diftillations  of  reftorement,  and  through  the 
liquefactions  of  virtuous  candor,  fo  incline  great  mindes,  that  they  can  deny  them- 
felves contentedly ,  to  benefit  others  certainly.  Thus  did  a  matchlefs  Monarch,  whofe 
words  were  but  tlie  report  of  his  deeds,  I  ftudied  to  preferve  the  rights  of  the  Church 
the  power  of  the  LaVves,  the  Honour  of  my  Crouton,  the  Priviledge  of  Parliament,  the  Li- 
berties of my  People  and  my  own  Confcience,  which,  Jthank_God,  it  dearer  tome  then  a 
thoufand  Kingdomes.  And  this  is  thecaufe  of  the  Philofophers  pofition,  That  better 
it  u  to  be  ruled  by  good  Men  then  by  good  Lawes. 

Sedquianonfemper  contivgit  Praftdentem  populo hujusmedi efe  virum,  SanHtts  Iho- 
mas  in  lib  -o  eiuem  Regi  Ciprifcrtpjit  deregimine  Principum,  optare  cenfetur,  re- 
gnum  fie  infiitui,  ut  Rex  non  libere  valeat  populum  Tyrnnnide  gubernare,  qutdfo- 
Inm  fit,  dum  poteftas  Regia  Lege  politick  cohibetur. 


This 


A  Commentary  upon  Fortescue.  171 

This  Book  of  Saint  Themas,  is  amongft  his  Opnfcula,  and  'cis  a  moft.  nervous  and 
pious  trad  of  policy,  which  be,   or  as  fome  think,  ts£gidi*s  Rmanus,  wrote  to  the 
then  King  of  Cyprus,  to  manifefi  his  love  to  him,  in  a  right  conduct  of  him  through  Lt*  <"&»*>**■ 
all  the  pnffages  of  Government,  and  the  duties,   that  as  a  Governour  he  was  to  ex-  """f""- 
prefs  to  his  people  :  and  thefenfeof  thispaflage,  hereby  the  Chancellour  quoted,  is 
out  ofthefecond  Book, the  eighth  and  ninth  Chapters-,  and  it  is  according  to  the  fuf- 
frage  of  rcafon  :  for  becaufe  the  will  of  men  in  power  was  found  to  degenerate,  by  the 
temptations  they  in  their  profperity  had^&the  impatience  of  men  under  rule.made  them 
flye  out  into  furies  againft  their  Governours,   by  reafon  of  his  feverity  towards,  and 
abfolutenefs  over  them  :    therefore  Nations  did  treat  w'uh  their  Governours,  not  al- 
ways as  a  pre- contract  to  their  acceptance  of  them ,  but  often  as  a  favour  from  them  ro  L'£tM  v  <■■  ft*, 
their  people-     that  they  obeying  i  hem  fo  and  fo,  (hould  be  free  from  fuch  and   fuch  hmcipum'wta 
exprtlTions  of  their  power.     And  this  mutual  underftanding, being  formed  into  a  I  aw,  St  ~^<«»«.Of». 
makes  the  politique  alloy  to  the  abfolute  regal  Soveraignty,  which  he  here  (as  conf  der-  fciUa' 
ing  it  inconfiftent  with  Laws  )  oppofestoit.     And  truly,    if  there  be  ?ny  probable 
means  to  preferve  Majefty  and  N'.ercy,  'tis  furely  by  Laws  -,  which,  though  they  do  not 
oblige  under  humane  penalties,  Princes,  as  they  do  private  perfons  -  yet  do  remember 
them  of  a  juftice  and  Veracity,  which  they  are  ever  to  prefer,  before  their  paffion  and 
bare  pleafure  ■,  and  that  sot  onely  in  order  to  God,  who  requires  truth  in  the  inward 
man,but  alfo  in  order  to  reputation  which  Princes  are  to  value  above  other  men.  For, 
At  far  as  a  King  is  in  henottr  eretled  abive  any  of  his  Subjefls,  fo  fur  Jhoutd  he  firive  its  KinB  Tdm"* 
finceritytobe  ^bovethem  all,  and  that  his  tongue  fhould  ever  be  the  true  meffenger    of  his  iumem,iaJnm 
heart  ;  and  this  fort  ef Ehej»tnce,  may  yon  affnredlj  locb^for  at  my  hands.     For  the  word   »«°i  fU.+n.oS 
of  a  King  is  ihe  fat  mm  ejuiddam ,    which  ought  to  be  held  inviolate  :     fincc  a  King  hljWoiks- 
that  governs nut bj his  Lay* ,  can  wither  be  countable  to  God  for  his  adminftration  ,     nor 
have  a  hafpj  and  tftablifhed  Reign  :  fo  faid  King  fames.      And  hereupon  if  Kings   that  in  iheLawof 
do  own  Laws,  do  violate  them,   and  not  rule  according  to  them  ,    they  do  fomewhat  Fr"  M""'^«. 
unlike  the  lenity  and  grandeur  of  their  Office  $ 'for  in  that  they  imitate  God,    who  is  wo*ki.°   "* 
juit  and  good,  and  in  this  they  contradict  the  Attributes,  which  illuftrate  and  befplcn- 
dour  their  Crowns  :  for  fet  aflde  the  good  that  refults  to  Governments  by  Kings  ad. 
miniftring  them,and  their  power  will  be  terrible,and  more  feared  then  rejoyced  in^wdi 
that  it  may  not  be,theexercifeofit  by, and  according  toLaws,isby  them  admitted, and  »  inftit.  o.o» 
the  King's  power  and  goodnefs  cxercifed  in  bis  Courts  of  Juftice,  which  are  called  liber-  M*v>*  ch*n*> 
tates  (farhSjr  Edw.  Cock.)  becaufe  in  them  the  Laws  of  the  Realm,  qua  liberos  faci-  p  *" 
iw.arcadminiftred  :    And  in  thepradiceofit,  there  is  no  cafie  degeneration  intoex- 
travagancies ,  fince  Laws  are  made  by  publique  Spirits  to  publiquepurpofes  of  virtue, 
j  iftice,ard  trcedom,butTyranny  is  the  exaltation  of  a  private  peculiar  humour,and  will, 
in  contradiction  to,and  deltniftion  of  the  good  of  all  others  befides  him,  which  Entro- 
fins  fays  Trajan  fo  much  abhorred,  Tc7*vm  Ji->v]a.Ttiiy.-ATi%m>*p*<,  &c.     He  over-  Eooepioi.W.t. 
came  his  Mi  itarj  Rmown  by  h»  Civil  Admin  ftratm,    and  made  his  Government  as  a  ,d"  sylbnrS- 
Prince,  excel  his  dread  as  a  Sou'ditr.      So  juft  and  true  did  he  approve  of   Antigonus  S!£«jlil»*c.*. 
his  monition  to  his  Son  -,      An  ignoras  fili  rtgnttm  noBrum gloriofam  effrfervitutem,  &  Vatiaium  h>- 
ifuialiter  ft  tttitneejuer  coins  nee  cwiiis  homo,  fed  Tyrannies  jndicabitnr.   And  therefore,  J*(||i. 
though  fuccefs,may  carry  Princes  aloft,  and  by  them  they  may  be  happily  accounted  of,  tmZ'Zm^*'' 
thoughthev  little  defer  ve  it,  as  did  Char  It-  the  eighth  of  Trance,  deferve  the  fame  be  <*•'*"•»»*«"'•» 
had  by  his  fucoefles  in  the  Kingdom  of  Naples.     1  fay  ,  though  'thefe  may  fometimes  ££  ".£"•'  ",!. 
befriend  Princes ;  yet  thedurablcft    and  moft  lovely  (lability  they  have,  is  theloveof  <*«-«»r,Guicciar. 
Subjefts,  made  theirs  by  their  goodnefs,  kindnefs,  Confciencc  ,  to  govern  by  their  dinu5' ''*•'• 
Laws.  The  old  Emperour  Marcus  is  highly  for  this,  mentioned  in  Stories.     Tor  fo  be-  Herodia»,  lit.  i. 
loved  by  the  people  was  he  for  his  virtues,  that  they  called  him  not  onely  the  Poor  mans  P  ♦«.?• ,d"  (lU 
King,  bat  *wx»e«  yj»riv,8cc    a  bountiful  Father, and  a  brave  King  •  a  fortunate  Cap-  bu'g"*    • 
tain,  a  moderate  Gcvernmr  ;  and  addi'd,    that  atlthn  he  tvasfrom  integrity,  demeaning 
himfelffo,    that  his  death  i»as  a  cowm-n larrovf  to  aU Mankind.     And  fuch  another  was 
St.  Ericusf  King  of  Sweden,  abou  c  the  year  1 1 50.  who  made  fuch  juft  and  good  Laws  •, 
Vt  ncn  a  rege  in    lives,  tSc.    That  one  -would  think,  they  here  not  made  by  a  King  to  J°Magn«./.i», 
his  Snbjects,    but  by  an  indulgent  Father  f»r  his  wft  dear  Sons  :   which  they  may  with 
Reafon  and  Religion  punifh  the  violation  of,   in  the  treafon  and  enormity  of  their  fub- 
j'ects, when  they  themfelves  do  not  tranfgrefs  the  Law,  but  keepclofe  to  the  Direds  of 


vji       A  Commentary  upon  Fortescue. 

.         it,  which  a  gracious  Monarch  fo  thinks  upon,  that  as  he  de fires  to  govern  by  the  known 
fhe  Head  of  hi!     Lotos  of  the  Land,and  that  the  liberty  And  property  of  the  Subjett  may  he  by  them  preferved, 
Army .  betwixt  -frith  the  fame  care  as  his  own  juft  Rights  ,     fo  when  he  willingly  fails  in  tbefe  particular*, 
w*u"L™ds<f.  fa  integrity  fays  he  wilt  expeH  no  aid  or  relief  from  any  man ,  or  protection  from  Hea- 
tant,.  19. 1(4*.     ven  \  fo  was  the  protedion  ot  glorious  King  Charles  the  firft.   Which  confidered  in  the 
coiiea.  f.\\.     KingS  0f  England,  as  parties  voluntarily   contenting  to  their  own  obligeraent,  with 
reverence  I  write  it,   to  their  eternal  honour,  the  lubjed  is  bound  to  return  them  a 
.  moft  faithful  and  juft  fubjedion  and  loyalty  in  all  things,  according  to  the  duty  of  fub- 
jedion by  the  Laws  of  God  and  men.    And  he  that  is  perfidious  and  difloy  al  to  his  So- 
vereign, who  thus  lets  bim  be  free  under  a  juft  and  merciful  Law,  the  free  execution 
f?o'DaDe  r«  i"  whereof  he  impedes  not,but  defends  to  that  end,  yea,fubmits  to  in  all  things  wherein 
mine  ftinciP*um  the  Law  concerns  it  felf.    I  fay,  he  that  is  other  then  loyal,  loving,  and  cordial  to  fuch 
$«ur  opbCcuu.     a  prmcc    is  t  varlet  ingrate,  unnatural,   a  (inner  of  a  Ctam-like  unnaturalnefs ,  and 
patt  iifat.      thence  the  more  abominable,  becaufe  fuch  without  all  provocation.     And  it  is  a  very 
ci.ftm  Treafon  fage  Oracle  of  the  Laws  obfervation,    Pernfe  over  all  Botkj, Records,  and  Histories  (fays 
*dfimm,f  s*.       jje  ^   MJ  jtu  Jhall  find  a  principle  in  Lav,  a  rule  in  Reafc»,and  a  trial  in  Experience,  that 
Treafon  doth  ever  produce  fatal  and  final  deftrnttion  to  the  e fender,  and  never  attaineth  to 
the  de fired  end,  {two  Incidents  infeparahle  thereto)  and  therefore  let  aB.  men  abandon  it,  as 
the  moft  poifonons  bait  of  the  Devil  of  He  II, and  follow  the  Precept  in  Holy  Scripture ;  Fear 
'  God,  honour  the  King,  and  have  no  company  with  the  f editions  :    fo  he. 

Gaude  igitur  Princeps  eptime,talem  effe  legem  regni  in  ant  tnfuccejfurus  esjuia  &  tibi 
&p»pnle  ipfafecuritatem  praftabnnt  non  minimam  &  folatinm. 

This  is  well  fubjoyned,  to  excite  the  prince  to  a  juft  return  to  God  for  bk  favour,  in 
giving  him  the  reputed  Title  to  fo  fair  a  Crown,  and  fo  flourifhing  a  Law  as  it  was  held 
by.  1  ndeed,  every  mercy  (hould  oblige  a  man  to  gratitude,  and  he  is  not  worthy  the 
Air  he  breaths  in,  the  Earth  he  treads  on,  the  meancft  indulgence  he  cntercommons 
"  with  the  Creation  in,  that  does  not  exprefs  his  gratulation  to  the  fountain  of  bis  en- 
joyment: but  Princes  that  have  Crowns  put  upon  their  heads,  and  are  to  rule  by  juft 
and  wife  Laws,  have  myriads  of  thanks  to  return  God  for  their  prelation^nd  ought  to 
be  paramount  to  others,  in  returns  of  fervice  fuitable  to  their  predignificacion.  And 
this  is  the  fenfe  of  the  Texts  Gaude  -,  not  to  kindle  in  the  Prince  a  joviality,  arguing  le- 
vity, and  youthful  froliquenefs  .,  but  to  raife  him  to  a  comfortable  demeanour  under 
fo  great  an  indulgence  :  fo  to  be  affected  with  the  mercy,  as  to  think  of  King  David's 
tfuidretribuam-,  for  it  is  a  mercy  to  have  a  Law ;  and  gracious  Princes  think  it  fo,  that 
they  may  teftifie,that  they  fear  :  if  their  Wills  were  the  Law,  the  Law  of  God  and  Ju- 
A»Jiri»t'o.  ftice  would  not  command  their  Wills :  But  to  have  fuch  a  Law  as  £»£/*«</ has,  that  has 
the  marrow  and  beft  of  all  Governments  in  it,  and  that  eftablifhes  Prerogative  and 


Priviledge  in  a  confiftency  each"  with  other,  that  affcrts  the  King  a  free  Prince  and  his 
Sub jeds  free  People  •,  that  bounds  the  Crown  not  to  fwallow  up  property  and  privi. 

sap 


fovct,  X)  ~mv 


evtSiTor  'CQ,§e  >  nor  Pr0Pcrty  orpriviledge  to  juflle  with,  or  oppofe  themfelves  to  the  Crown. 
'haJrrav'lK-  This,  this  is  matter  of  joyto  a  Prince,  probable  to  fucceed  his  Father  to  it }  and  that 
K»i-mh.!\«tn    becaufe  where  all  parties  concerned,are  agreed  in  their  refpedive  ftations,  to  promote 
tic  AtchTtai  '  the  noble  ends  of  this  politique  Harmony,    both  peace  will  be  to  the  Prince  in  foul  and 
Fythager.  *fni    body,  and  comfort  tothefubjedsintheir  enjoyment  of  their  good,  things  in   peace-, 
W*"'****'  whitQ  tllin8' in  other  words»  was  notably  declared,  to  the  fatisfsdion  of  all  fides.  For 
the  then  King  Charles  the  firft  declared  this  tc?  his  Parliament,  That  thofe  things  which 
have  been  done  ,  whereby  men  had  feme  canfe  to  fa jpelt  the  Liberties  of  the  Subject  to  be 
1™^™'°*   benched  upon,  Jhall  not  hereafter  be  drawn  into  example  of  our  prejudice  •     and  in  time  to 
come  Jin  the  word  of  a  King  yon  Jhall  not  have  the  leafi  cauje  to  complain.     And  this  he  calls  "" 
feveritatis  &  folaminis  prtslatio ,   both  as  it  begets  a  right  underftanding  between 
Prince  and  People,  and  makes  a  Gordian  knot  of  their  mutual  confidence  in,  and  corro- 
boration each  of  other-,  andalfoas  it  ftrengthens  them  againft  all  the  counterblafts 
and  difcompofures,   whi«h  are  occafioncd  by  emergent  evils  ■,  the  fenfe  of  which  is  un- 
pleafingar.dinfupportable,  where  guilt  and  envy  is  predominant;  which   fince  the 
Laws  ruled  by,and  fubjeded  to,  do  anticipate ;  the  Chancellour ,  had  good  r'eafbn  to 
write,  as  here  he  iii,jj>tio  &  tili,  &  ptpnlo  ipft  ncn  minimam  praslabuKtfecuritatem  & 

folatium 


A  Commentary  upon  Fortejcue.  173 

folatiitm.    For  as  fortunate  courage  gets  dominion,  fo  politique  circumfpeftion  fettles 

it  and  fecurcs  it  againft  its  retrogradations  ;  which  Stverus  made  proviHon  a«ain(t ,   Eiro'ius  u  s 

by  that  will  which  he  buiitin  Sritain.-mt  Jf%i< infahi(i^tn&-,&cc.that  he  might  prtftfvi  >■'■>•  *»'•  «.'•«'«.' 

his  Comjuefis,  and  be  fecure  againfi  their  relapfe.     For  nothing  in  profperity  is  delirable '   ***•  ' 

but  grace  to  ufe  it  well.and  a  perpetuation  of  it ;  whence  onely  arifes  the  comfort  and 

content  of  it.    And  therefore  as  fecurity  falfely  grounded,  is  the  road  to  ruine,  becaufe 

it  is  exoculate  and  lulls  men  afleep  in  confidences  of  fallacy  ,  till  they  be  irreveriibly 

ruin'd  -,  which  is  the  reafon  that  prudence  detefts  it,  and  ranks  it  amongft  thofe  dek&s 

that  argue  fatuity  and  incircumfpeftion ;  whereas  in  the  Chancellour*s  notion  it  is  the 

fruit  of  diligence  fore-thought,  and  the  upfhot  and  compenfation  of  all  right  conduct 

and  of  all  real  wife  defign ;  which  the  word  nW3j  in  the  Holy  Language  reprefents ' 

when  it,  in  the  conjunction  of  its  import,  fignifies  boldnefs  and  confidence,  paft  all  fear ' 
Prav.  ic.  9.  Prov.  l.  23.  and  is  oppofed  to  fear,  becaufe 'tis  that  boldnefs  which  is  ra-  ^'i  ^i(piU 
tionally  and  prudentially  fo,upon  the  ground  of  all  the  lines  ot  virtuous  endeavour  con-  '^'^"iL  '»** 
dufting  to,united  in  it.     This  is  that  which  the  Wife-  man  calls,  The  wifdom  of  the  Pru-  t"r4*' 
dent  is  to  under/land  hit  way  ■,  fVitb  the  wcK-advifedis  wifdom-.  through  wifdom  is  a  houfe  prov.  i«.t. 
builded:  by  all  which  are  implyed  the  delight  of  fecurity,  IwatXta*  <pi/A<tf«  ravnt     Piov'.n.io" 
faith  Suidds.     And  therefore  as  all  men  endeavour  to  fecure  what  is  dear   to   them'   *I0V*M 
their  Wives  from  force ,  their  houfes  from  robbery,  their  lands  from  wafte,  their  evi- 
dences from  purloining^   their  children  from  fedu&ion,  their  reputation  from  fufferino 
their  lives  from  treachery  :  fo  ought  Princes  to  fecure  all  they  have,  and  are  by  good 
Laws  and  a  right  and  reafonable  execution  of  them  -,  which  when  they  do,  their  Sub- 
jects are  fure  to  be  quiet,  and  their  power  cftablifhed ;  yea,    their  perfons  fo  contri  - 
butive  to  publique  ferenity  and  order,  modeftly  deiiyed  ■,  for  as  no  man  can  choofe  but 
think  that  Prin.ce  wor:hy  pity,  who  with  Cenforinus  has  the  Character  to  be  falix  ad 
omnia,  infalicifftmns  imperator  :   fo  no  man  can  choofe  but  account  him  an  ob  jedt  of 
veneration,  who  makes  himfelf  a  nnrntn  ofprefervation  to  Mankind.  And  happy  is  that  5  moit.  t.  Sf. 
Prince  who  turns  his  ears  from  Parafites,  jnch  as  Vttre  Hubert  de  Burgh,  Pierce  Gave-  '•  *01- 
fton,  the  Spencers,  Trefilian,  William  de  la  Pool,    Lord  Haftings,    Sir  John  Catesby 
Empfon,  Dudley,  Woolfey,    who  all  injured  their  Princes  by  their  preterlegal counfels' 
and  happy  is  that  prince  that  hearkens   to  the  Laves  and  to  fnch  brave  Spirits     as  with 
Charles  Brandon,  the  valiant  Dulet  of  Suffolk,    do  good  to  aS ,  and  harm  to  none,     oh  I 
fnch  Counfellours^wiH  make  a  King  beloved  and  adoredy  if  be  XriH  hearken  to  them. 

Tali  lege  ,  nt  dicit  idem  Sanftas  ,    regulatum  faijfe  tot  urn  genus  humanum       fi  iff. 
paradifo  D»i  mandatum  non  prateriijfet. 


in 


This  Claufe  I  do  not,    in  ttrminis,  find  in  St.  Thsmas  ■,  but  the  fenfe  of  it  I  do 
thefe  words  ;   wherein  he  does  prefer  Politique  Government  with  Regal,  to  onelv 
Regal  Government, and  that  he  does,  1.  Si  referamus  dominium  ad  ■.* e'9' 

fi at um  integrum  human*  natur a  ■,  tjuiflatusinnoentia  apptlUtur  in     S^mvii  in  n*t»  iime'cntu  mil*  tffet  mfi 
quo  ntn  fuifjet  regale  regimen,   fed  politic um  :    for  God  having  fo     "^'^"t'i"'r"""'  »«•'<"»'*  &>*  f»- 
ordered  man  in  that  flate  of  innocence,   that  he  might  not  have  fin-    v"tl«n&  wZZ'i4t"um''M'„,'"{'fi'''''a  &' 
ned:  had  he  continued  upright,   there  would  have  been  no  di-     M»o  <fmffr^tar»uim  ?  '&  a*.  '** 
ftinftionofftaresand  degrees  of  men,  which  are  iheeffed  of  man's    7Z7JZm'^f&ucv'^''tf*"',,'nti'Mi' 
fall  and  fin,    nor  would  any  have  ufurped  over  each  other :  but    Atragoniui  ?.  Sf  iVy»"„BXD.Th8»! 
though  there  would    (perhaps)   have  been  degrees  amongft  men,    f8'- 
yet  there  would  have  been  a  fwect  harmony  and  condefcention  each 
toother,  according  to  the  congruity  of  their  common  and  finlefs  condition.     This  [ 
fuppofe,  and  humbly  conceive,  is  the  fenfe  of  St .  Thomas,  which  the  Chancellour  takes  s'h""  mn  i"' 
from  him,  and  applyes  to  the  Laws  of  England,  to  difplay  in  the  Oratory  of  his  Con-  ^T"*^ 
ception,    the  grandeur  of  his  love  to  the  Laws.    For  no  man  can  imagine,  that  thefe/"*  """'"*  "»»«-. 
words  are  lefs  then  hyperbolique.though  they  have  in  their  pathos  a  neruofi'ty  of  truth,  "stJ'Trwi 
pointing  out  to  the  Laws  Mcdicinality,  in  that  it  rectifies  all  ill  humours  in  the  mafs  of>.'i7. ' 
the  Polities  conftitution,  and  preferves  the  head  in  its  vital  pre-eminence,  and  the  mem- 
bers in  their  loyal  fubferviency  ,  in  which  two  neceflary  offices  of  diftributive  efficacy, 
it  makes  a  correfpondency  to  God's  Inftitution,  and  carryes  on  his  order  in  a  regulan- 

L  1  ty 


l7+ 


tomtit  &    ttndi 
ntnia     [trviimit 
mlf*  penult,   n*n 
ntuura  ;    &  fnmA 
hujut  fuljtcitomi 
ctfnt,  ifi  (ttttf 
mm.Saniftus  Au« 
guft.    /.•'•.    De 
Vera  innoccn- 
tia,  c.ii*. 


In  his  account 
of  the  Ifland  of 
ZtjUn.c.  1 4  Voy- 
ages to  the  Wif- 

Inditi. 

Hottoman  in 
Trtfiu.nnn  Cam- 
n»«tf»i\Julii  Cx- 
far  u. 


Hue  tuittm  ftlitti 
ttdim  modi  tim- 
ferMa  vidttur , 
qud  diatur  Lace- 
demonum   UU 
ftrfe&ifum*    ita, 
hi  Mofes  rigura 
quodammo  io  pote- 
jtdtem  babucrit* 
fub  Dei  ttunen 
veri  tunc  &  vnici 
Mraelitarum  re- 

gil  AhffUUl. 

Corn.  Bertrum, 
De   Politia  Ju- 
daica.c*. 
Xxod.  it  j. 
Prov.  l».I« 


Qm*ui,  De  Rci- 
pub.  Hebrxo- 
rum.M.i.  c.  I. 


A  Commentary  upon  Fortes  cue. 

ty  of  method:  and  this  I  take  to  be  the  all  that  is  dcduciblc  hence.  For  as  no  man 
knows  what  form  of  Law  God  would  have  prefcribed  Man,  had  he  continued  upright , 
becaufe  then  he  had  needed  no  Law,  but  tnat  on  his  heart.  For  in  the  formality  of  it, 
Law  was  added,  becaufe  of  tranfgrcfslon  :  So  to  fay  what  Law  would  have  been,  or 
no:  have  been,  is  befides  the  meaning  (I  fujppofe)  here.  The  onely  ufe  of  the  in- 
ftance  is,  to  fhew  that  Regal  Power,  mixed  with  Politique,  as  in  the  temperament  of 
Englands  Politie,  is  the  beft  Government  to  make  both  King  and  People  ftcure  of 
God's  mercy,  and  their  mutual  aid  and  affection  each  to  other  in  order  to  their  j'oynt 
and  feveral  capacities  and  conditions,  happyable  thereby  :  Nor  is  there  any  Govern- 
ment in  the  World  fo  true  a  Paradife  to  its  Enjoyers,  as  this  of  the  Municipal  Laws  of 
England,  accompanied  with  fuch  fupplements  of  the  Civil  Law,  as  are  legitimated  with 
us  ,  yea  furery,  if  Paradife  muft  be  in  an  Ifland,  as  Lindfchotten  will  have  it,this  IfLnd 
of  Britain  muft  be  the  Sejlon  where  it  is,  and  the  Laws  of  England  muft  be  the  Para- 
dife in  it  •,  for  from  them  doth  flow  that  quaternion  of  ftreams,  Piety,  Order ,  Riches 
Renown,  which  render  us  the  admiration  of  all  our  Neighbours.  And  hereupon  me- 
thinks,  I  may  fay  of  our  Chancellour,  as  guintilian  docs  of 'Julius  Cdfar's  Commen- 
taries, Tanta  in  iHo  vis  eft,  tantum  acumen,  ea  eoncinnatio,  ut  Mum  eodem  animc  dixiffe, 
tjnobeUavit,apparuit.  So  much  doth  my  Text-Mafter fay  in  few  words,  that  I  know 
not  what  to  add  to  him,  in  commendation  of  the  Laws.  For  as  he  likens  them  to  thofe 
of  Paradife  the  beft  ftate  ■,  fo  to  thofe  of  the  Lives  under  the  Judges  the  next :  For  ic 
follows, 

Tali  etiamiege  rtgebatur  Sjnagtga,i*m  (ubftlo  Deo  Rege^ui  earn  in  regnnm  peculiar  t 
sdoptabat,  ilia  militabat. 

This  relates  to  the  timcs.from^o/w  to  the  end  oiJudges-,a  government  of  about  400. 
years;  and  in  all  which,<Wufed  the  miniftration  of  men  to  rule  under  him,kceping  the 
Monarchy  over  them  to  himfelf,and  entituling  no  man  to  it;  and  in  all  this  difpenfation 
of  God's  goodnefs  to  jfrael,the  people  of  hi*  love  and  delight,  whom  he  carry  ed  upon 
E*gles  Wings,  and  made  the  head,  and  not  the  tail  of  Nations  ;  not  abfolute  Soveraign- 
ty,  but  a  politique  difpenfation  of  himfelf  by  Law9  of  moral  equity.and  prudential  con- 
venience, did  God  carry  Jfrael'm  the  Wildernefs,and  into  Canaan,  with  a  mighty  hand, 
to  the  confternation  of  all  their  Enemies  :yea,andfo  did  he  qualifie  all  men  in  deputa- 
tion under  him,  during  that  traft  of  time,  and  thofe  tedious  variations,  that  they  did 
not  affect  any  ufurpation  upon  God's  indulgence  to  the  people,  but  bore  with  them 
and  prevailed  againft  the  roughnefs  andcholer  of  their  nature  (  for  they  were  people 

*)").!*  •"^P.  a^.,  of  a  ftiff-neck,  not  bettered  by  reproof  )  by  their  ingenuous 
manfuetude,  knowing  well  that  God  would  have  it  fo,  whofe  the  people  were,  and 
under  whom  they  had  the  conduct  of  them.  This  Oeconoroy  of  God's ,  our  Text- 
Mafter  propofes ,  as  the  pattern  of  ours  in  England,  and  ours  he  likens  to  it,  fimilitw 
dine  vefligii,  though  not  imaginis  •,  for  though  every  thing  anfwers  nor,  yet  in  the 
main  integral  parts,  in  the  compofure  of  the  fmartneffe  of  abfolute  Regal,  with  the 
bluntneffe  of  politique  Government  •  there  is  that  aimed  at  which  makes  fome- 
what  near  the  lovely  figure  of  God's  Government,  while  he  ruled  Jfraelm  their  King^ 
and  befides  him  they  had  no  vifible  humane  King.  And  this  fpeaks.  more  then  all  Ar« 
gumentsfor  politique  Government  with  Regal:  for  in  that  God  allowed,  nay  efta- 
blifhed  it  as  his  choice,  ic  appears  to  have  all  thofe  integrals  of  perfect  Government, 
ayming  at  righteous  ends  by  righteous  raeans,and  to  be  equally  adverfe  to  all  extreams, 
either  of  defect  or  nimiety. 

Sed  demum  ejus  petitione,  Regt  homineftbi  ctnftituto,  fub  lege  tantum  regali  ipfa  deinceps  " 
humiliata  eft. 

This  our  Text-Mafter  brings  in ,  to  fhew  how  God's  eftablifhment  had  its  Super- 
ftdeat  not  by  force  •,  for  he  was  a  King  neither  to  be  deprived  by  powe*,  or  deceived  by 
felfhood,  or  over-reached  by  fubtlety,  or  flattered  by  oratory  5  no  fuch  artillery 

could 


A  Commentary  upon  Fortes  cue.  tj$ 

could  impeach  his  Regality,  no  nor  could  the  Moth  of  time  or  periodique  fatality, 
which  derermins  Governments  and  transfers  them  trom  one  to  another,  work  on  his 
Government,  that  was  from  everlafting  in  the  root,  and  would  have  been  to  everyth- 
ing, not  onely  in  a  fenfe  of  divine  Pcrennity  and  efTential  lndeterminatenefs  over  the 
whole  world,  as  Lord  of  the  Univerfe,  buc  as  to  fuch  a  proportion  as  the  fenfe  of  h.s 
temporal  exercife  over  the  Jewcs  was  applicable  to,  over  them .-  but  by  condefcentiori 
to  their  defire,  and  in  punifhment  to  their  murmure  and  machination,  which  rather 
aimed  to  gratifie  their  curiolicy  in  being  like  o.her  Nations,  then  to  acquiefce  in  a 
gmtefull  fubmiffion  to  God,  and  a  willing  fubjeftton  to  his  Deputies  fet  over  them. 
Ar.d  the  Chancellour  not  onely  fets  down  their  Cm  indefiring  man  rather  their  King, 
then  God,  but  the  Instrument  of  their  Prevalence,  and  the  Engine  they  imploy,  which 
is  Prayer  to  have  their  Government  paffed  over  to  a  King  of  flefh  and  blood,  bone 
andbulkasthemfclves,  yea  and  the  effeft  of  their  defire  theybegg'd  inordinately, 
and  God  gave  them  their  hearts  defire  to  their  after- terrour.    This  does  the  claufe  fet 
forth,  not  to  depreciate  their  defire  ol  a  King,  but  to  blemifh  their  inordinate  Princi- 
ple in  defireir.g  a  King  in  oppolition  to  and  diclenfion  of  God  their  King  ■  and  there, 
fore  God,  though  he  g.ive  them  their  defiresapon  their  requefls,  yet  hefoimbittered 
hisgifc,  that  it  fhould  ever  carry  the  memorial  of  their  iin  with  it.     And  this fhews 
us  both  the  corruption  of  nature,  which  delights  inchange,  and  the  dangerof  change 
by  reafon  of  fuch  corruption.      No:  onely,   Mm  bang  in  btnmr  abode  mt,,  butinhis 
prevarication  became/*'  ipf«hnmili«r,  beneath  the  bead  that  perifheth  ;  Co  that  not 
onely  the  Principles  of  which  Nature  coniilts  being  changeable,  incline  to  change,  but 
even  the  tendency  of  man  in  the  lubricity  of  his  will  inclines  to  it,  and  that  by  a  Judge- 
ment of  God  on  his  underftanding,   that  takes  evil  for  good,  ar.d  is  1 eftive  in  loveing 
and  improving  it  to  his  ruine  and  annihilation.     Nor  is  it  ever  feen  that  changes  in  this 
Militant  State,  without  great  grace  from  God,  are  for  the  better,  but  moft  an  end 
for  the  worfe  ■,    of  all  the  changes  of  Ifrael  'tis  faid,  They  changed  their  ghrj  fer  frame  i 
their  freedom  for  bondage,  firft,  to  the  Egyptians  •  then  to  the  Babylonians  •  then  to 
the  Romans,  and  now  to  the  Turks ;  and  of  all  perfonal  changes,  little  can  better  be 
faid  then  was  in  that,  That  of  all  the  €*f*rs, Solus  Vefpafiantu  mtttatur  in  melius,  yea 
when  people  are  fond  on  change ,    what  produ&s  do  fuch  incefts  bring,   but  ty- 
ranny and  confufion.  unlefs  God  be  in  the  change  by  a  gracious  influence  on  it,  as 
he  was  in  David's  change  from  a  ShepheardtoaKing  -,  ip  fofefh's  from  a  neglected 
younger  Brother  to  a  Father  to  Pharoah  and  all  ^€gjft,  in  Sanfs  change  from 
a  Persecutor  to  an  Apoftle-,  in  Time's  change  of  Julians  for  ConHantines. 
I  fay,  unlets  God  be  the  effectual  mover  of  changes,  and  fortunates  them  to  their 
blefled  and  lawful  iffue,   Changes  qua  fuch  are  dangerous,  and  when  they  are  gratifi- 
cations andholocaufts  to  popular  levity,  become  plagues  and  torments  to  their  promo- 
ters -,  who  becaufe  they  arc  Children  in  difcretion  and  are  led  by  hurry  and  eddy 
are  to  be  relifted  in  fuch  Attempts,  and  the  rods  of  feverity  are  by  Lawes  made  for 
fuch  fools  backs.    Thus  then  it  came  to  paffe  with  Ifrail,  God  was  their  King,  and  an- 
other they  would  have  as  the  Nations  had-,  the  Contumacy  of  Ifrael  under  God's 
gentle  Hmpire  had  provoked  him  to  corclude  a  punifhment  for  them,  and  now  their 
corruption  gives  the  occafion  to  its  operation  upon  them  •,  God  gives  them  their  hearts 
defire,but  no:  totheirendbut  his  own,  To  be  his  P 'ani '  er  of their  Pervernefs «  and  thus 
that  which  they  intended  the  Difplay  of  their  Triumphal  Banner,  and  a  Trophy  of 
their  National  Grandeur,  becomes  their  breaking  a  pieces ;  fo  that  no  Grain  of  their 
pertneffe  and  mettle  remained  unpounded  ■,  broken  they  wereunder  the  Iron  Mall  of 
their  own  defignation :  and  juft  it  was  with  God,  that  fince  Liberty  caufed  Infolence, 
Oppreffion  fhould  compel  Duty,  and  the  Law  of  God  dictating  to  Duties,    moral  and 
religious,  being  contemned,  the  will  of  man  contrary  to  thefe,even  when  it  commands 
contrary  to  thefe,as  a  Curfc  on  people,  be  in  place  of  a  Law,  and  chearful  obedience  to 
a  lawful  1  Government  being  ftomach'd  at  •,  if  not  denyed,a  lawlefs  fmart  and  fevere  one 
fhould  be  introduced,   for  the  jufheeof  God  punifhes  fin  in  the  kindeit  is  committed  ; 
becaufe  People  are  voluntarily  rebellious  againft  good  Princes,  God  makes  them  ne- 
ceffuily  fubjeft  to  bad,  who  trample  them  and  theus  under  foot. 

L  1  a  S*b 


\-)6  ^Commentary  upon  Fortescue. 

Sib  qua  tamen,dum«ptirriregesj1biprafuerunt,ipfa  plaufit,  &  cum  dyfcoli  ei  pr*. 
ejfebant ,  ipfa  in  ■  cnfolabitir  lugebat ,  itt  Regum  liber  htc  di ft 'mil ins  manife- 
ftavit. 

Here  our  Chancellour  ufes  a  double  Dichotomy  of  Perfons  and  Things.    Of  Perfons, 

Regettpimi,mdi  dyfcoli'     Of  Things,  i>/*  plaufit,  ipfa  inconfolabiliter  lugebat.     It  is 

concluded  that  good  Kings  are  better  then  good  Lawes  from  this  ■,  that  while  good 

Kings  were  over  Ifra'e'l,  the  feverity  of  regal  power  was  not  injurioufly  felt  by  the 

Jewifh  people,  though  transferred  from  a  milde  to  a  (harp  Government  ■,  for  the  Text 

Z'£dp»irl?.T  tya,  f*b  ipfa  plaufit  Synagoga,  now />/**/*/ is  oppofed  toplanEtw,  and  as  by  the  one 

fufanm  fum.    the  heart's  (inking  into  the  heel  (  as  proverbially )  is  deciphered,  fo  in  the  other  the 

?*"<v" """"  «'  Capreols  and  vaultings  of  the  heart,  the  plaudite's  and  Eccho's  of  exaltation  andap- 

'Zfiul'^TmL  probation  are  intended.  When  then  the  Chancelloar  fayes,  ipf*  plan  fit;  'tis  as  much 

c»ifn  ubtnip.  jj  pfay  expreffes  by  fibi blandiri&  placere,  feu  nimium  amare,  Ep.gi.  and  declares 

u,kTimr!"."Z'-  the  Pe0Ple  t0  bc  hiBhly  fatisn"ed  w»tn  thcir  Enjoyment,  and  hugg  themfelves  as  happy 

iumu.  cu.  a  ct  in  their  acquifuion  of  aGovernour  that  is  good,  and  to  them  the  beft,  becaufe  their 

pw"»«J/«»V*   own-    f°r  c'lcrc  are  twofold  Kings  mentioned  in  the  Claufe,    i.  Regeseptimi ;  who 

J'"fZ'Z'ruf%  arethofe?  not  any  had  Ifrael  properly  fo  ■,  for  if  there  is  none  good  but  God,  then 

htru  ^jj«w  ».«  no  Kings,  at  leaft  none  the  beft  but  God,  who  has  no  equal  but  is  fupcr-fuperlative  • 

ifat\Z™'r'iZ  tlie  anfwer  i9,  they  were  the  beft  Kings  who  were  better  then  the  worft,  who  were 

*tu>  magn,  *iios  moft  good  compared  to  others  lefs  good  ;  and  thofe  the  book  of  the  Kings  mention  to 


imnmi,  tmntt  i.i 


be  David,  Solomon,   A  fa,  Ahaz,  Htz,echia,   fofiah,  thefe  the  holy  Ghoft  records 

™"iZ. "7:'oe  To  doe  that  which  vat  right  in  the  fight  oftht  Lord  -,  and  thefe,  when  ruled  by  the  Law 

civh.  Dei.  ci.  of  God  with  his  facred  Priefts,  though  abfolute  in  power,  yet  were  fo  commonable 

in  the  ufe  of  it,  that  the  people  were  happy  under  them  to  their  hearts  wifh.  They 

ruled  as  Otlavian  is  faid  to  rule,  Though  long  in  time,  yet  little  in 
Exmtxim+ptrtcDnfimtiiKftfHtuus.M.  account  of people ,  who  were  fo  happy  under  him,  that  thej  thought  the 
fmt.  a*  m  pac,  mlUr<„.r,  mM,  import  tmt  ™n  aVeay  too  f  aft,  and  hu  Goucrnment  would  too  foonend:  for 
*ntt  cum  7{ti  -Roman*  m.^is  fitrmt.  Eano-  aU  the  fifty  and  fix  jeart  he  reigned  fetmed  but  at  one  day,  becaufe 
plus  '  *7-  his  virtues  made  him  fo  beloved  and  de  fired.     O  when  Princes  are 

like  Vfjpafan,  Builders,  Beautifiers,  Rcftorers  of  ancient  paths  to 
hi<  Tim4mdlform,mmc,,j<i1&  ruin,,,  p,r.     waik  $,      then,  n%  VesT/afian,  they  deferve  eternal  Memorials  • 

mint,  ti  Domini  deijjtnt,    veltalibm  tditi-  ,    '  .„  *  S-       •         \        ri  i        c  n       ■ 

JUi'opu.  cw»ii»»>.  *J<mp*.„,  ciau-  y«i>  they  will  never  die  in  the  Records  of  ftones,  and  on  the 
dii  Mtnummt*  reparavii.  Auteiius  viftor.  tongues  of  Subjects  blefled  by  them,  nor  will  any  power  be  be- 
w  Vepar*  grudged  them  to  have,  who  know  how  moderately  to  ufe  it,  and 

mercifully  to  manage  it  •,  for  under  this  plaufit  ilia  ,    people  that 
are  fo  happy,  need  not  care  for  Lawes  and  Courts  of  appeal  ■,  Virtue,  Reditude,  Mag- 
nanimity have  (at  up  their  Thrones  in  the  brcaft  of  thefe  Princes,  and  they  are  thence 
propitious  to  all  men  ;  and  their  Subjeds  are  fo  gratcfull  to,  and  tender  ot  them    thac 
&gdUl*m,irS-   they  cry  out,  as  they  did  to  Claudius,  Habeas  virtutibttt  tuts,  devoti.ni  tua  Claudi  fla- 
•""•;  *"  rV*"   tuam,  &c.    O  Claudius  mtjtfi  thou  ever  have  as  thou  haft  deferved  a  Statue  to  thy  Me- 
in  imperi:  &  poji   **ory ,  may  thy  virtues  be  ever  alive  in  that.  Ht  that  loves  the  Common  health  will  love 
ImptnamficiUu-    thee,  and  applaud  thee  as  we  doe ;   Happy  art  thou  Claudius  by  thy  virtues,  happy  thou  in 
fa"iiln2"mo    ^e  Senate's  Suffrage  yea  happj  thou  both  before,  and  in,  and  after  thy  GorcrntMnt  and 
mimm, »«  yum-  Ufe,  as  no  Trajan,  no  Antenine,or  other  Prinee  ever  was,  fo  he  ■,  while  then  they  are  fuch 
9hm»  wiw.  Frm-  tney  may  we|j  ^  accounteci  Oftimi, and  their  people  may  well  fe  plaadere  under  them' 
Ttebeiiiuspoiiio  Hear  tne  incomparable  Humility  and  Condefccnlion  or  wife  King  J  Ames,  As  the  head 
Ufintm  ii  ordained  for  the  body  ani  not  lh:  body  for  the  h^ad,  fo  mttft  arighteout  Ki*g  kjtoVv  him- 

i  t"L  f.  4,T.  'of  f'lf  ordained  for  his  people  and  net  his  people  for  him  ;  for  although  a  King  and  people  be  re- 
hit  Wrk>.  lata,  yet  can  he  be  no  King  if  he  Want  people  andfubjeBs  ;  but  there  be  many  people  in  the 
world  that  lack^a  head;  wherefore  I  JhaU  never  beafhamedro  confefs  it  my  principal  Ho- 
nour to  be  the  Great  Servant  of  the  Common-wealth,  and  ever  think\  the  Frofperitf  thereof 
to  be  mjgreateft  Felicity.  And  that's  the  firft  part  of  the  Dichotomy,  Optimi  Reges, 
ipf  a  plaufit.  The  fecondiS(fy/i-o/»,  and  under  them  they  are  faid  inccnfolabiliter  lugert, 
by  this  djf  cli  he  means  the  wicked  King*  of  Jfrad,  fuch  as  were  Saul,  Rhehoboam,  fe- 
nboam,  Ahab,  fchoram,  Manages,  fchu,  and  the  reft  i  who  involved  the  people  in 

wars, 


^Commentary  upon  Fortes  cue.  177 

Wars    and  by  bringing  the  Curfc  of  God  on  them,  made  the  Government  under  them 

grievous  •  and  thefe  he  calls  dyfeoti,  becaufe  lawlefs  in  their  wills,  and  not  reafonably  to 

be  pleafed',  fince  their  humours  were  their  Rudder,  and  their  fenfuality  their  Compais, 

and  this  has  fo  inordinate  a  fwinge,  that  it  is  not  reftraincd  or  regulated  by  God's  Laws, 

which  onely  fweeten  the  temper,  and  plain  down  the  rudenefles  of  Princes,  under  which    r,  «;</<  m»- 

fubieds  do  inconfolabiliter  lugere,znd  though  this  ofton  be  but  a  flow  remedy , yet  is  all,    »««(>£ /"•««. 

the  Laws  of  God  and  men  indulge  grieved  Subjeds  to  relieve  themfelves  by  -t  which  the  ^  £?***? 

j  cripture  calling,  poffefsing  our  fouls  in  patience,  refers  us  by  prayer  to  God  to  turn  the  zcaium.  Politic. 

Prince's  heart,  or  elfe  to  endue  us  with  patience  to  endure  what  is  God's  pleafure,  be-  ',tic'*- 

caufe  he  often  punifhes  popular  wantonnefs,and  feditious  murraures  againft  good  Prin- 

ces.with  real  burthens,  and  yoaks  of  torment  from  evil  ones  •    and  by  this  affliction  on 

them  works  their  preparation  for,ind  engagement  in  national  repentance. 

Tamtn  quia  de  ifta  materia  in  tpufcuU,  quod  tut  contemplatiene  de  natura  Itgis  natur* 
exaravi.fuficientcr  putt  me  difetptkffe,  plus  itide  loqui  jam  defiflo. 

In  this  Claufe,  the  Prince  is  referred  for  further  fatisfaftion,  and  the  Chancellbur 
excufed  from  further  procedure  on  this  Argument,  in  relation  to  a  Trad  which  he  has 
designedly  wrote  about  it ,  which  our  C  hancellour  the  Aathour  calls  Opufsulum,  be- 
caufe a  fhort  and  not  bulky  trad,  and  then  fhews  his  impulfe  to  the  writing  of  it,  tui 
contemplatiene,  that  is,  for  the  Prince's  inftitution  and  fatisfadion  ;  and  then  the  matter 
of  it,  'twas  keifta  materia,  that  is,  the  nature  of  abfolute  regal  with  legal  and  poli- 
tique Governmcnt.This  Trad  (I  confefs)  I  never  faw,but  am  informed  'tis  in  Sir  Robert 
Cottons  Library,  which  his  noble  and  learned  Son  Sit  John  Cotton  promifed  to  accom- 
modate me  with  when  he  could  find  it^hich  he  not  yet  having  donc,as  I  have  not  feen 
it,fo  neither  can  1  give  any  account  of  it.I  hear  alfo  it  is  in  Oxford  too,  as  alfo  in  other 
bands,  and  I  conceive  it  goes  under  the  name  of  J)t  Folitica  adminiftratione,  which  Pits  in  viu  <jhi. 
mentions  to  be  one  of  his  Works.and  he  here  remembers :  fo  much  was  the  Prince,and 
the  age,  yea  our  age,  beholding  to  this  fage  Chancellour,  that  he  refufed  no  travail 
of  mind,  to  clear  the  doubts  that  might  arife  in  adive  minds  concerning  Government 
and  fubjedion.     I  n  both  which  cafes  he  was  as  well  able  to  give  folution ,    as  any   his  J«  ""•  ** 
Contemporary  .    for  befides  that  he  was  a  profound  Lawyer,  as  his  Judgments  in  the  ''!%!<  ™Z'mf!l!l 
Year- Books  of  Henry  the  fixth,  his  feveral  judicious  Trads  on  fcrions  Subjeds,  and    *»«?«  <««/>/«■« 
the  opinion  of  that  time  of  him  confirmed,  he  was  alfo  a  moft  juft  man,  who  in  all  his   "^'{'^Ij**'; 
adionswent    ( asbefuppofed )  according  to  an  inlightncd  and  rightly  informed  judg-  Xl}!^*"!!'*'' 
mentand  Confcience^and  Record  gives  this  teftimony  of  him  ,  that  in  hoc  J urn  mo  off ttk   *"•       ' 
(of  his  Chanccllourfhip)  tarn  pie,prudcnttrquefe  gefsit,ut  omnem  iilam  quam  confequi  po-   N"* 
teratautkritatem,  ad  Rtipublica  referret  ntilttatem  :  yet,  good  man,  he  had  the  hard 
fortune,  or  rather  the  honour  in  an  ill  time  to  be  banifhed,  or  rather  to  banifh  himfelf, 
that  he  might  keep  himfelf  loyal,  and  be  near  the  young  Prince  to  do  good  Offices  to 
him.     And  though  he  was  born,  bred,  and  long  lived  honourably  in  England,yct  dyed 
he  abroad,  as  many  brave  men  have  done  before  him,  and  was  ill  treated  of  hts  Coun- 
trey-men  as  they  alfo  were :  it  being  not  onely  the  fate  of  Scipio  to  have  an  ingratc 
Countrey,  the  grief  of  which  made  him  lay  his  bones i  abroad  ■,  and  of  Tenfira,  whom 
Giraldtu  pourtrays  as  the  nobleft  man  ot  his  time,  yet  repudiated  by  his  Citizens ,  and 
thereupon  dying  privately  ■,  but  alfo  of  infinite  others,  whofe  not  onely  lives  have  been   Dit,0S'  fl"tnit- 
checqucred  with  party  colourings  of  both  good  and  bad  fortune,  but  have  been  led  one   °lei°^"u  /«- 
where,and  expired  another  where, Nafcentem  ts£neam  vidit  Simois  in  Afia,  raptum  ab-   «""'* 
/oriw'r  Numicius  i»  Italia.which  though  Aventinectottcs,  in  the  example  of  Lodwkk., 
the  firft  Count  palatine  of  Rhene,  Anno  1294.  who  was  born,  and  dyed  in  one  and  the 
fame  Chamber  at  Heidelburgh  ■,  yet  is  confirmed  in  more  that  dye  oiherways.     Dido 
was  born  at  Phenicia,  but  dyed  at  Carthage ;  Pythagoras  born  at  S*mos, dyed  at  Meta- 
pontus,  Alexander  firft  appeared  at  PeRa,  extinguifh'd  at  Babylon  ;  the  Dtcii  all  born  at   zuinyer  rhe*r. 
Rome^bm  all  dyed  abroad  ;  Cato  had  his  firft  breath  at  Rome,  but  drew  his  laft  at  Vtica-,   vir*  Hum  vo- 
Mantua  fa w  firft  Virgd  rifinf  .but  Brunkufium  entombed  him ■,  yea,  the  famous  Earl  of  i"^' '7'      ' 
Warwick,  Beanchamp,  whofe  Charader  is  paremfibi  in  armorum  firenuitate  &  regis 
regnique  fidtlitaiefuperflitem  minimi  dcrelwqutns,lho\igh  born  in  Eugland,dyed  at  Ca- 
lif*, 


1^8  A  Commentary  upon  Fortes  cue. 

lice,  4  i  E.  3.  and  this  our  Chanccllour  dyed  in  Berry,  and  there  defifled  from  his 
labours  ;  as  I  -(hall  now  from  the  Commentary  on  this  .ninth  Chapter  of  him,  which 
here  ends. 


CHAP.  X. 

Tune  Princeps  illich  fif  ait.  VndehocCAncelUrie,  quod  Rex  unus  pltbem  fmm  rt- 
galiter  tdHtttm  revere  vdledti  &  Regi  Alter*  pttefiai  hujusmodi  dencgatur,  equa- 
Us  fafiigii  cum  fi»t  Regis  ambo.  Cur  in  poteflate  fintipfi  diffaref,  nequeomn 
Admirari. 

THis  Chapter  it  fpent  in  maintenance  of  the  Dialogical  Continuity,  and  it  has  that 
fpirit  of  reafon  in  it,  which  keeps  the  Chancellour  in  preparation  for  an  anfwer  of 
what's  therein  interrogated ;  the  common  Rule  is,  ubieadem  ratio  idem  jus,  and  why 
the  politique,  mixed  with  regal  Government,  finceit  i9  a  real  Kingfhip,  fhould  not  have 
fo  much  Priviledge  as  its  brother  Kingfhip  nomore  divine,  nor  no  trulyerinftitutedof 
God  then  it  is?  I«  the  fcruple  now  to  be  fefolved.  For  fince  Regality  in  both  is  0^ 
God,  the  Condcfcenfion  of  it  in  the  one  and  not  in  the  other  is  no  alteration  of  the 
Eflential  dignity,  but  an  adumbration  of  it  for  ends  of  good;  which  fince  God  does 
feem  for  our  lakes  often  t©  do,  when  yet  he  retains  his  abfolute  Sovereignty  •,  why 
the  King  fo  doing  fhould  feem  Ids  then  otherwife  he  would  be,  is  the  queftion  to 
which  the  Chancellour  frames  an  anfwer  in  the  next  Chapter. 


CHAP.  XI. 

Canctllaritu.  Non  minoru  tfi  potefiatu  Regem  politic}  Impcrantcm,  quam  quint 
vult  regaliter,  regit  populum  f/tnm,  in  fupraditto  opufsnlo  fuflicientcr  eft  often- 
fttm.  Viverft  tAtnen  Atttboritatu  cos  ejje  in  fubditos  fuos  ibidem,  am  jam,  nuia- 
tentts  denegAviy  cujus  diverfitAtit  can/am  it  potero,  tibi  pAndam. 

THis  Chapter  is  the  pithy  breviary  of  the  Cbancellour's  Refponfe  to  the  former 
Chapters  Propofals,and  it  is  by  way  of  Conceflion.that  the  power  of  both  Kings  is 
the  fame  as  his  arguments  and  reafons  in  the  formentioned  trad  purpofely  thereupon 
written,  doe  make  good ;  all  that  is  of;  diversity  in  the  powers  is  not  fundament  i  fed 
txereitii,  not  in  the  nature  of  the  power-  for  that  being  God's  in  the  truft  of  Kings 
9*/lfuch,  is  equally  God's,  and  equally  in  the  Dignity  and  Majcfty  of  it.  Theirs  ^  but 
the  emanation  or  sather  modification  of  it,  isdiverfeupondiverfe  reafons,  which  in 
the  twelfth  Chapter  he  enlarges  upon.  For  as  there  is  no  general  rule  but  admits  of 
fome  Exceptions,  and  the  fame  Sun  melts  wax  that  hardens  Clay,  fo  the  fame  power 
and  prerogative  varioofly  exprefles  it  fclf  in  the  one  and  in  the  other,  according  to  the 
fub  je&s  it  is  converfant  about  and  the  junfture  of  affairs  it  has  to  cope  with,  which, 
becaufe  the  Chancellour  has  difcourfed  upon  before,  and  now  remembers,  \ruflrk  fit 
per  plurA,  quod  fieri  potefi  per  pAuciora,  he  in  that  part  referrs  to  what  he  had  formerly 
refolvedinit,  and  for  what  is  undifcourfed  of,  promifes  additional  Information,  and 
that  he  makes  good,  not  by  a  bold  braving,  but  a  modeft  veracity,  cujus  diver -jit at  is 
CAufam,  nt  potcro,  tibi  pAndam. 


CHAP.  XII. 

Homints  quondam  potentiaprapollentes,  avidi  dignitatis  &  'gloria,  vicinas  fspe  gentts 
fibi  viribsts  fnb\»garunt. 


T 


His  Chapter  explicates  the  Origen  and  Rife  of  abfolute  and  lawlcfs  Monarchic, 
as  men  in  naiuie  and  Cods  in  power  obtained  firft,  and  lince  have  in  their  fucce/E- 

onsl 


A  Commentary  ttpon  Fortes  cue.  17 $ 

©nal  lines  held  them.  Now  chough  he  fayes  che  greateft  Monarchs  were  but  men  in  na- 
ture   yet  by  the  fiimulations  they  had  to  great  actions,  and  the  fucceffes  they  had  by 
them,  they  appear  tofce  more  then  men,  becaufe  furred  up  by  defire  of  glory  and  ho- 
nour to  contemn  danger  and  hazard,  which  in  conteft  with,  and  conqueft  overmen 
their  fcllowes  in  nature  and  ftation,  they  muft  refolve  to  cope  with.     Now  this  fo  pa- 
tiently works  in  the  nature  of  great  mindes,  that  it  makes  them  fet  upon  Nations  to 
Wader  and  Lord  it  over  them,and  ourText-Mafter  cals  it  the  rife  ot  great  Empires.And 
if  all  the  Heroiques  of  the  world  were  afleep,  and  the  memory  of  them  perifhed  ■,  the 
trmh  of  this  would  be  confirmed  from  the  actions  of  one  onely  Alexander  ,    who  was  B„^  ^Jsm, 
not  onely  the  worlds  Mafter  before  he  was  thirty  years  of  age,  which  he  did  by  Counfcl,    ^  rim^'irn/w 
El  aueuce,  and  the  art  of  Rnle  and  conduEl,  but  envyed  any  Commander  of  his  own  ^^platar- 
that  was  fucceflefull :  yea  L'ppus  is  ray  Authour  for  ix,That  he  Wat  more  wrath  with  his  cnus  ,„  jfc 
fortunate  and  we M-deferving  Commanders,  Whodidthings  with  merit  tf  gltrj  refultiug  M  Stni.    ft 
there  from,  then  with  thofe  that  executed  his  Commands,  infelieiter  &  ignave ,  unfro-  gerendaRefp. 
fperokjlj  and  with  difbonour,  which  perhaps  is  the  reafon  that  ambitious  Princes  disfa-  tuvgu au'f, 
vour  great  Merits,  leaft  they  themfelves  by  them  fhould  be  leflened,  and  have  Rivals  PoUt-cor'''J • 
and  Competitours  in  that  power,  which  they  would  have  folely  theirs,  and  which  they 
can  attain  to  by  no  readyer  an  Artifice,  then  reputation  of  bold  and  fortunate,  which 
as  it  was  a  ferviceabje  Harbinger  to  defigns  of  rule  and  Soveraignty,  fo  made  Subjects 
admire  the  obrainers  of  it  beyond  reafon,  and  arrogate  to  them  a  participation  of  Di- 
vinity ■,  fo  that  men  no  fooner  heard  but  feared,  and  no  fooner  faw  but  fubmitted  to 
them, 'as  thinking  every  frown  a  thunderbolt,  and  every  angry  word  a  Hell.firefor  Jn  ^  ^  - 
their  torment  and  terrour.     Learned  L'tpfus  profefles,  that  he  often  laughed  (as  well  /,*.  /politic'' 
he  might)  to  read  the  follyes  of  men  in  their  random  admirations  ofthofe  in  power. 
For  when  the  Mexicans  fwoar  their  King,  they  exhibited  to  him  thefe  things  in  his 
Oath,    Th.1t  fujlice  he  Would  do,  opprefs  none  of  his  Subjects,  be  valiant  in  warr ,  hi-   eomau. 
therto  well  •   but  at  laft  comes,  That  he  would  cauft  the  Sun  to  fhine  and  not  let  it  ie in- 
terrupted in  its  courfe,  that  the  Clouds  Should  rain,  the  Rivers  run,  and  the  earth  bring        ju 
forth.    And  Ammiamts  Mar cellinus  tells  us,  the  old  Burgundians  who  were  wont  to  t,/«t  d7P,fa'J°t. 
call  their  Kings  Hendini,  did    depofe  them  if  either  thej  Were  unfortunate  inWarr,  or  »»«'«<"'>  y>/W» 
the  earth  failed  it s  fruit.  Thefe  and  fuch  like  follyes  men  are  fometimes  irrationally  ^X"wyij««» 
guilty  of,  as  Preparatory  to  their  fliackles  and  the  fetters  of  their  bold  and  daring  «/««•  mfmnru 
Coveters  Conqueft  of  them.    And  thus  comes  it  to  pafs  that  Nimrod,  Julius  Cafar,  '-^'J^ly 
and  the  mighty  Chieftains  of  the  world  have  fubdued  Countryes,  wafted  Continents,  lente  f.%».  Edit 
proftrated  ltately  Edifices,  rent  afundcr  goodly  Libraries,  diffipatcd  well  compacted  Fwnc-  Wtchdfl. 
Combinations-    yea  in  fort  uncreatured  the  wOrld  by  the  Prodigality  of  their  furies, 
and  the  tragicall  effects  of  it  -,  which  though  God  has  often  turned  to  good  and  moft  of 
tbegood  Lawes  and  good  Magiftrates  that  the  world  and  every  part  of  it  has  feen,  be 
the  iffuc  of  chis  original  Grandfier  Cruelty  •,  yet  was  the  Commencement  of  it  alto- 
gether royftrous  and  fauage,  and  in  this  m\j.%%<nh*\i.  was  there  no  aim  at  any  thing  at 
firft,  but  to  Mafter,  and  to  have  all  at  the  Conquerours  pleafure,  which  was  the  Go- 
vernment mentioned  Daniel  v.  19.  where  'tis  faid  of  Nebuc had- nectar.  That  all  pec- 
ile.  Nations,  and  Languages  trembled  before  him,  whom  he  would  he  flew,  and  whom 
t  would  he  kfpt  alive  ,  gnd  whom  he  would  he  fet  up,  and  whom  he  would  he  pluckjd  doWn; 
and  which  the  Turks  and  Mufeovite  fraftiks  to  this  day,  and  which  was  the  Govern-  ContMn  PoutiC- 
ntentof  fnga  in  Braftl,  where  no  man  had  any  thing  of  his  own  but  every  man  at  tit.  k.  ii.       * 
the  pleafure  of  Inga  and  no  longer,  nor  did  any  thing  go  to  any  mans  Heirs :  Which  is 
k  hard  a  Tenure,  that  it  may  well  be  accounted  Conqueft,  and  the  Subjects  under  it 
flares  beneath  flavery.     This  the  Gyant-Iike  Monfters  of  Ambition  and  Pride  did  not 
onely  to  get  them  a  name,  as  did  the  Babel-builders,  who  built  potius  adptmpam  quant 
aJufum,  for  they  built  even  as  high  as  Heaven,  and  in  the  eighth  ftory    which  Saint 
Jerome  makes  about  4000  paces,  and  the  fewsmzke  270CO  paces ,  if  any  truth  be  in 
their  fictitious  Talcuth ;  but  alfo  to  intimidate  and  lurch  men  into  a  dread,  that,by  the 
difpiritingofthem,  ftiould  betray  them  into  fubmifllon  to  whatever   they    pleafe- 
which  the  Chancellour  words  as  followeth. 

Ifftsfervire,  obtemperare  ejuoane  jujfonibutfuis  computer  nut, uu-as  jujftones  extunc  leges 
hominibus  illis fancier unt. 

Indeed 


i8o       A  Commentary  upon  Fortescui. 

Indeed  therfore  many  men  have  endeavoured  to  get  names  of  fear  and  reverence,  that 
thence  the  dread"  of  them  falling  upon  men.they  may  be  obey'd  in  whatever  they  defign 
and  profecute.  Thefe  the  Holy  Story  called Gyants  in  the  Earth  Oli/n  yy}y&^mtn  ar 
nameor  renownSomt  would  have  Op  to  come  from  the  word  C3P^,fignifying  d<foUret 
or  fiuptfacere .hinting  thereby  how  renown  or  a  name  is  gained  by  the  fear  and  terrour 
men  are  pofleffed  wjth,  when  they  hear  it.     Thus  God  is  faid  to  git  hmfe'.f a glorious 

name,   7/4.63. 12.  O^ly   D«P,  4  name  of glory  :  By  what  ?  By  dividing  the  waters 

before  Ifrael,  and  leading  them  through  the  Deep,  which  was  an  aft  of  divine  and  unirrii- 

tablc  power.     Now  this,men  of  ambitions  and  prowefs  knowing  available  to  their  ends 

m*ti™Lff"'r     °f  puiflance,  endeavour  as  much  as  in  them  lyes,to  make  their  Aftions  as  dreadful  and 

fitfi^uinu.ndi-   cogent  to  thofe  they  baddefigns  upon,  as  poffible  they  can  v  and  when  once  they  are 

«;j  enfuf,,  hgum  dunn'd  and  cow'd,   then  they  will  fubmit  lowly  ,and  obey  univerfally  ,  then  they  will 

*ZmZ'P?ru-  take  their  curbs  into  the  mouth  willingly,  and  ride  at  what  rate  under  them  they  will 

»».caras  de  Ty-  have  them.     For  dominion  is  obtained  over  no  people,  but  by  either  wifdom  admired, 

s*h»MCmt'x'  or  power  feared  pjcpofleffing  them  j  either  or  both  of  thofe  are  the  fure,    if  any  be 

the  fore-runners  of  power.     Thefc  will  make  people  not  onely  fervire,  become  their 

Siimhifimper     fubduers  flaves,but  ebtemperarefis  a  Son  does  bis  Father,  whom  he  will  obey  and   be 

%™rZ.',YZ>  faitnfi»l  to.becaufe  he  loves  and  efteem  his  defires  as  Laws  ■,  yea,  and  not  dare  to  do  o- 

Oc  therthen  the  reverence  of  Laws  to  them.     This  opinion  the  World  had  of  Julian, 

«u™»"U,"ar    which  made  bim  fo  fuccelsful  every  where ;  and  of  Julius  C 'afar  •  and   all   that  have 

•!>.'  Franco?"'    hecn  Vidtors,who  have  become  abfolute,  by  the  awe  their  virtues  either  Togal  or  Mar- 

w.ij./.4ji.        tial  have  prevailed  by.  And  this  in  time  has  been  the  Anceftor  to  all  after  calmnefs ;  for 

when  the  ftomachs  of  men  have  come  down,aud  both  theRuler  &  ruled  have  had  enough 

offeree  and  fight^o  prevent  it  for  the  future,  both  of  them  have  confented  to  terms  of 

civil  order  and  quiet,  which  in  time  has  antiquated  and  eliminated  all  fiercenefs,  and 

brought  in  credit,  mutual  kindnefs  and  politique  confeiencious  refpeft  and  fidelity  each 

to  other  :  for  fo  the  Chancellour  proceeds, 

Qnarum  perpetiont  divina  fubje&us  fie  popultts  ,dum  per  fubjieientes  d  cater  or  urn  inju- 
ria dtfendebatur \i»  fubjicientum  dominium  confenfernnt. 

Here  the  Chancellour  fhews,  that  though  Conqueft  poflefled  the  great  Monarch* 
of  the  World  of  their  Commands  v  yet  confent  of  the  people  conquered,  rccogniz'd 
and  afcc/tain'd  them  peaceful  to  them,  and  hereditary  to  their  Heirs  and  Succelfours  • 
and  that  not  onely  upon  fear  and  neceffity  ,  becaufc  othcrwife  they  could  not '  help' 
themfclves,but  upon  choice ,  and  as  we  fay  in  Law,  a  valuable  confideration,  the  Con- 
querour  was  to  proteft  them  from  injuries,  and  to  warrant  (  with  his  utmoft  hazard) 
their  fecurity,  againft  all  perfons  that  would  annoy  them,  and  they  were  obliged  to  be 
loyal  to  him,and  to  live  fubj'eft-hke  under  him.  So  that  there  is  hence  a  reciprocation 
of  advantage  ■,  the  Governour  is  fecure  from  treachery  and  mutiny  ,thc  governed  from 
rapine  and  cruelty :  for  there  is  a  double  rule  of  the  Law  that  makes  to  this  purpofe, 
_.  fubjtQio  trahit  proteUiontmt&  proteSiofubjeUienem,  and  auibus  medis  aliauidacquiri- 

^  turjudem  &  tonfervathrXn  both  which  refpe&s,  the  joynt  concord  to  fo  noble  and  be- 

neficial ends,  appears  to  be  wife  and  worthy,  fir.ee  fecurity  from  danger  is  one  of  the 
great  bleffings  ot  life,  and  that  is  not  to  be  purchafed  but  by  fubmiflion  to  power,which 
is  able  to  compel.but  is  willing  to  comply ,and  by  adhering  to  that  power ,  to  thofe  pro- 
fitable iffues  of  peace  and  order.  This  is  the  Golden  Chain  of  power,  by  the  Links  of 
which 'tis  made  confpicuous,  durable  and  communicative-,  and  this  composition  being 
fo  athletique  and  virile,  fo  rational  and  effedi  re  of  good  to  all  parties  indifferently 
makes  it  fo  beautiful,  and  fo  lafting.  For  as  it  commenced  through  the  wife  project  of 
both  fides,  confpiring  to  make  each  other  happy  in  a  refpeftivc  con  jund  fatiation  j  fo  "* 
it  cannot  be  diffolved,  but  with  the  dilTolution  of  all  that  is  lovely  and  defirablc  Tor 
as  it  follows, 

Opportunius  effe  arbitrages  ft  uniusfubdi  imperio,  'nam  omnium  eos  infeftare  volcntium 
opprejfionibus  txponi. 

Indeed  here  is  the  marrow  and  motive  of  all  fub  jeftion,  'tis  rat'im  boni  inde  proveni. 

tntis. 


^Commentary  upon  Fortes  cue.  181 

entis.  JorasGod  the  Proto-Monarchis  not  made  happy  by  the  Worlds  obedience  to 
him ,  but  the  World  made  happy  by  his  defence  and  prefcrvation  of  them,  whom  as  a 
King  he  protefts  •  as  a  Law-giver  he  directs^  as  a  Father  he  feeds  ^  as  a  Husband  he 
tenders  5  and  as  a  Benefador  he  will  reward  :   fo  Kings  ( juft  and  worthy)  are  not  more 
happy  in  the  fubjeftion  of  their  Subjects,    then  their  fub  jects  are  in  the  watchful  eye, 
powerful  band,  fubtle  head,  affectionate  heart,  and  every  way  expreffivelargenefi  he 
difcovers  towards  them  :  Nor  is  there  any  fo  compendious  a  way  of  peace  ,  as  for  the 
Subjects  readily  and  freely  to  fubmit  to  their  Prince  for  Confcience    fake  ■,   yea,  and 
for  the  goods  fake  that  thence  refults  to  them.    Por  when  one  takes  the  duty,  and  ex- 
pects the  fubje&ion,  he  puts  an  end  therein  to  all  thofc  pretenders,  whofe    injurious 
fpirits  flatter  them  into  a  right  of  doing  wrong;&  whether  it  be  not  better  to  obey  one 
then  many ■,  and  a  King  noble  by  birth,  blood ,  and  endowments,  then  fellow  fubje&s, 
let  notonely  men  in  the  experience  of  all  Ages  be  Judge,but  even  God,  who  in  the  uni- 
rerfal  inclination  of  all  Nations  to  Monarchy,  has  fuffkiently  determined  the  dignity  Toioflinus  syn- 
ofit,  as  a  Ray  from  his  Oriency,  who  is  King  of  Kings.    But  of  this  I  have  written  tasm  Juris-  "• 
heretofore,  and  (hall  refer  here  my  Redder s  to  that  nervous  and  ingenious  Difcourfc  of  *7' c'  '5*  '"'*' 
Monarchy  djferted,  by  a  molt  polite  and  accomplifh'd  Gentleman  •,  who  truly  (I  think)  w>„,  * '"* 
has  faid  as  much  on  that  noble  Argument,as  well  in  fo  few  words  can  be  faid,  and  more 
then  (J  dare  fay)  can  be  anfwered  by  any  Contrarient  whatfoever. 

Sit^nt  regnt  autdam  inchata  funt  ,&  fubjicientes  illi ium  fubjettum populumjic  rext- 
runt,i  regendofibi  name*  regit  nfurparnnt jorum  quoque  deminatm  tantum  regalit 

This  the  Chancellonr  Jike  a  wife  Mafter-builder,  lays  down  to  a  breadth  proportion- 
able to  the  intent  of  his  intended  fuperftructure :  for  being  to  convince  the  Prince,  that 
fome  of  the  kinds  of  Governments  tnat  were  in  the  World.were  according  to  the  com- 
pacts ofprinces  and  People  in  antient  times  -,  -  and  that  the  firft  fubduers  of  Nations 
found  their  tenures  by  the  Sword  troublefome.without  the  confcnt,and  contrary  to  the 
mind  of  the  people  under  the  power  of  it,  he  lanches  out  into  the  difcourfc  of  the  Titles  viidefim. 
of  thofe  that  fo  acquired  and  exercifed  power,  which  he  lays  down  to  be  that  of  King-  I  c:  De 
fliip  ■,  and  though  latter  times  have  feemed  to  give  the  prelation  to  Emperour,as  couch-  nii"i"'*e  r.li*. 
ing  Kingfhip  under  it :  an  Emperour,  in  the  ftrict  fenfe  of  late  Lawyers,    being  the  So-  -«•»«•<'<*  »»- 
veraign  of  Kings,  and  having  a  King  hrs  Subject ;  yet  our  Law  accounting  its  King  an  ZZ "/Z7,^,Z. 
Imperial  JZcnarch,taoriwgto  theStat.of  15  H.S.c.22.28  H.ll.c.7.1,5  H.8  f.1.1  Eli*,.  ^tununtMinm 
r.3. 1  7ac.  1  .before  mentioned.reduces  the  word  King  to  the  priftine  honour  which  An- '"''"'  d°mmum  ■ 
tiquuy  gave  it. For  King  being  the  Title  of  God,who  governs  and  preferves  the  World,  ]&,&.  Toiofli- 
and  whodefervestbefcrvice  and  love  of  all  his  Creatures,  honours  fufficiently  in  that  nui  srnttgm. 
Title  all  that  by  delegation  of  his  power,  are  Governours  and  prefervers  of  men  in  civil  ,„"'*' ' " ""  *'*" 
concord,  and  religious  agreement.     And  that  Kings  may  become  their  Kingdoms  as  Baa-M^U   • 
Goddoth  his,  it  becomes  them  tobejuft  as  licit-,  andthatthey  omlj  are,  when  thiy  art  J^kouot*]©- 
fuch  m  the  Laws  of their  Government  prefcribe  them  to  be.     Indeed,    in  abfolutc  Go-  Jirjtn'o7«79 
vernments,  fuch  as  are  founded  upon  Conqueft,and  the  pleafure  of  the  Victor,  here  j   rc«iWT*- 
Laws  have  no  force  :  But  Juftice  ever  ought  to  rule  the  wills  of  fuch  prevailers,  if  they  T@-. 
will  be  wor  by  and  beloved.    What  Cetjs  the  Thracian  King  told  one  that  cenfured  Dioio8en«  ij- 
hisfharp  Government  to  be  M*>f«  xj  *  $&<sihti<t. :  to  whom  he  replyed,  i  inl  *U7»)  thj'E\  c  . 
Hana,o(C.Thisfeveritj/(({\lOtabc)  which  you  celofure,  though  it  pe  Jharf  Phjfick^,  jet  it  Strm+i.f.m. 
wakes  healthy  bodies, and  renders  my  Subjects  wary  not  to  offend  that  the]  may  be  fafe  from 
fumjhment.  1  fay  what  he  reply  'd  is  very  much  a  truth,  but  not  fo  much  to  the  lultrc  of 
Governors,as  the  practice  oi'EvagorM  in  his  Government,wch  I  mentiond  before  out  of 
Jfotrates,who  teftifies  it  to  be  fnch,«  t»$  <tf  jeopttltfic.That  hit  Subjells  were  more  happy  ifocratcs  m  tu- 
in  him,  then  hein  the  government  of  the m,  for  he  gratified  no  pajfion  of  his  own  ;  he  studied  6°"' 
nogreatnefs,  but  the  good  he  prrferredand  honoured,  and  the  evil  he  punifked  according  to  -.  PrmcipAIHm 
Law.    And  therefore,  though  Rule  may  at  firft  be  acquired  by  ill  means  ,depredation,  j«/. /.«•»*>»  »<£- 
vio!ence,and  injury  •  vet  after,  may  this  flinging  and  deadly  Serpent  become  a  Brazen  "•  v,r'"'  ft'* 
one,  notonely  durable,  but  lanative  and  bcnencial.     So  the  H iftortan  lays  the    hm-  ,„«,//«  /,„„»« 
perour  hSine  did.  who  though  he  qot  the  Empire  by  no  food  means-  letwhenhewM  in  it,  ""» l"»ie-  &  P<*' 
ruledextrnpUrilj,  making  virtue  and  every  thing  worthy  praifc  his  defign,  and  acisratng  g-nJtiwJi.*, 

Mm  to  RomPriDCip. 


» 


• 


ifo  A  Commentary  upon  Fortes  cue. 

to  the  project  every  way  doing.  By  which  arc,  what  Oblivions  have  been  of  fury  and  in. 
jur  y,and  what  fodrings  to  future  ftability,flories  and  experiences  do  abundantly  furmfli 
the  prefidents  of.For  if  the  black  Atchievements  of  the  quondam  Hectors  ^  who  .bunded 
governments,  fhould  not  belhrowded  with  the  Lawn  and  Tiffany  of  Candor,  and  be 
Iwcetned  by  the  forgivenefles  of  thofe  rudenefles :  'twere  impoftible  to  make  Panegj- 
ricks  to  their  Succefiours  memories,and  to  pay  the  duty  of  fubjettion  fo  contentedly  as 
Subjefts,by  thiscourtefie  of  time  burying  the  ftanchofit,and  the  goodnefs  of  K ings  de- 
ferving  it,  do  yield  it.      Sic  Nimbroth  primus  regnum  fibicomparavit  • 

Here  he  defcends  to  particulars,in  proof  of  his  afTertion,concerning  the  truculent  rife 
of  the  old  abfolute  Regal  Governments:  And  the  firft  example  he  produces  is  of  the  Af- 
pyrian  Monarchy,  the  h'rft  that  ever  was,and  that  in  the  pcrfon  of  Nimrod, who  not  fol- 
tsMG,*"to.'   lowing  the  prefident  ofNoah  and  his  Sons  before  him.who  all  were  moderate  and  gentle 
Governours,  tendring  their  people,  as  Fathers  do  their  Children,  brake  out  into  rage 
Bettram.pc  ro-  and  fefolution,  to  make  himfelf  terrible,  and  upon  the  awe  and  dread  of  h;s  lb.ee,  for 
ti»  jud»ica,c.3  ^^  ^  jscaue(j  a  Cyant  (  ratione  fevitu,nonfiatura  )  he  founded  his  Tyranny.     And 
Me.-c«rus.  in      fo  Bodin  confirms,   all  the  Afian  Empires  did  after  him  ;  yea,  arid  the  Romane  too, 
Gen.  io.  c        w\uch  makes  Glareanns,  writing  on  the  lives  of  the  Cafars,    to  extravagate,  Qnidfi 
m.i.   DsRe-  dieamii.  Latronum,  Mentiarne,  in  Nerone,  Tiberio,  Caligula,  12.  Mmfiiorumt 
fMct.  icc.     lam    (  faith  he  )  tt  Write  en  the  lives  of  the  twelve  Catfars  •    what  if  /  fay  the 

?ns"Hm»m.ra>' trve!ve  Thieves,  the  twelve  Monsters.  Oh  !   but  good  words,  Glareantu  ,  they  are  Dei- 
p.7r8.Au6uti.     ties,   divine  honours  are  given  them.     His  Reply  will  be,  what  did  thty  dotobedeifird-% 
sctiptwum.       if  Cruelty,  Covetoufnefs,  Tyranny,  Munher  ,   Madntfs ,  Pride,  Luxury,    L-fi, 
Envy,  Rapes  ;  ifthcfe  can  make  them  divine,  they  are  divine;  for  fitch  enelj  are  their  vir- 
tues :  fo  he.     But  though  the  firft  Monarchies  and  Kingdoms  long  ago  might  have  this 
foundation,  as  to  the  perfons  of  men  firft  fixing  them  •,  yet  is  this  no  Argument  againft 
the  divinity  of  power,  andthedutyofmen,*asfuch,toobey  them.     Tor  though  the 
Anabaptifhs  and  phanatiejues  do  hence  make  a  doubt  of  obeying  Governments  that  had 
fo  ill  a  foundation  c  yet  this  principle  of  rottennefs  is  eafily  proftrated ,  when  conficte- 
ration  is  had  ,  that  Power  in  it  felf  is  inftituted  of  God,  though  in  the  Subject  ufmg  ir, 
it  may  not  always  be  juft  and  lawful,  S*pe  res  if  fa  a  Deo  infiituitur  adejuam  mnnulli 
afpirant  &  aliejuando  perveniunt,  per  ect  modus  &  rationes,  qua  Deo  minimi  probantur, 
faith  learned  Rivet.     Marriage  is  inftituted  of  God,   and  lawful  it  is  for  a  man  to  en- 
_     .    .    .      deavour  gaining  of  the  woman  he  loves,  to  be  his  wife;    but  yet  God  dots  not  If  exi- 

ZxtiCit.is.iB  .oil  "  »  >  J        ,  b 

Gm.io.  mate  the  finiiter  means-that  fome  men  torruptly  improve  to  obtain  Marriage   by  ,  as 

Force,'  Fraud,  Theft  of  Children  from  their  Parents  •,  though  when  the  Marriage  is 
compleated,  the  fruits  of  it  may  be  good  and  excellent :  So  isit  in  Empire,  though  it 
might  at  firft  be  gained  by  ill  Artifices  •  yet  had,  it  may  produce  excellent  lflues,  and 
become  in  time  and  by  common  approbation,  juft.  So  that  the  fie  here  is  a  black  note 
onely  on  the  firft  demcriter  of  his  fellows,on  Nimrod,  whofe  name  fays  Fhilo  f  gnifies, 
Av\o^'oKngi(,  trantfugc,  or  running  away ,  becaufe  he  deferted  his  Brethren  and  went  to 
W.DeG  nti-  their  Enemies,  and  with  them  totl^Arms  againjf  them  and  overcame  them-,  andfo  hndW\- 
bus,f.i».  bylon  his  Royal  Seat,   avtysvnt  i^t***-'**;  which  fignifiesf>vi»i^f  ion  and  being  be  jides 

his  place.  Thus  Philo.     And  in  this  Nimrcddid  but  do  like  himfelf  to  be  fole,  not  fecial 
intheFarth.     And  therefore  he  was  called  Nimrod,  a  name  from  T^B ,  which  [gni- 
fies, t»  oppofe,  opprefs,  and  rebel  •   and  this  name  this  perfon  had  by  fpecial  appointment 
of  God,  who  fore-feeing  him  to  be  a  man  of  violence,  terms  hiin  by  that  .he  moft  de- 
lighted in.    This  word  ( in  this  man )  is  near  of  kind  to  the  Chaldee,  t^i"^,  fgnify- 
ing&Tygrc,  for  futh  he  was  incarnate,  no  bounds  would  keep  him  within  them  ;  he 
would  over  all  that  God  and  Men  made  facred.  A  proud  and  elate  mind  he  had,:r,d  all  o-  . 
thers,he  look'd  upon  as  vild  and  contemptible^and  being  in  confidence  &  courage  above  * 
others,he  brake  the  yoak,anddefpifcd  the  common  kindnefs, which  Nature  had  fetlcd  in 
her  Family, and  upon  that  violence  he  erects  a  Kingdom.  What  this  Origen  was,the  Ho- 
ly  Story  tells  us,  he  was  the  Son  ofGhn/b,  Son  oicham,  the  curfed  Son  of  Noah  1  fome 
will  have  him  to  be  Ninus-,    ofthis  mind  is  Eufebius ,  but  that  is  generally  difclaimed: 
Rivetus  Exercit.  But  that  this  Nimrod  did  firft  exercife  Tyranny  over  Mankind,  is  the  affertion  of  the 
«5.<»Gen.  10.     Holy  Text,  and  all  Authours  according  to  it-,   which  the  Holy  Ghoft  willing  to  ftig- 
sum"«lE'ccicr.  mat'ze  as  tne  fifft  Lueiferianifm  andinfolcnt  inftance  after  the  flood,  permitted  the 
w.i.c.17.         Charafter  of  him  to  b  proverbial.   Thatas  we  call  cruel  Tyrants  Nt ro's,  and  defolare 

Monfters 


*    * 


A  Commentary  upon  Foitejcue,  i8j 

Mo.ifters  &4»U**p4l*S* ;  fo  men  of  prowefs  and  irrefiflable  ferocity  (hould  be  called 
Nimrods:  for  though  he  was  but  born  and  bred  as  other  men,  y  et  as  Florus  faidof 
Andrifeus  though  a  Slave,  Regiam  formam,  Regittm  nomen,  Regio  animo  implevit  •  and 
by  this  daringnefs  did  he  fet  up  the  earlyeft  and  greateft  Government  of  the  world,  ut.t.ati, 
Some  have  thoaght  this  to  be  the  He  that  the  Foet  s  called  Hercules,  a  name  of  valour 
and  pauTance,  which  the  great  Hectors  of  the  world  fo  doted  on,  that  Alexander  of 
Mxe&n,  Qommodus,  Maximinian,  Heraclius,  called  themfelves  by  his  name  and  built 
Cities  after  this  name.    They  called  hira,  as  is  thought  alfo,  #*cc&iwtbeGodofwine,  Liiius  CynidM 
becaufe  as  wine  makes  men  forget  danger  and  defpife  it,fohis  valour  made  him  contemn  '"  Hercuie. 
the  discouragements  to  rule  -,  tor  he  being  Tm  pvr{  mMfuxat  x)  £nKovi(  £?*?»<,  By  na- 
ture warlike  andftudious  ef  renown,  did  make  his  way  to  his  defire\by  his  /word,   and  by 
this  did  primus  fibi  regnnm  comparare. 

Tamen  nun  Rex  ipfe.  This  is  added  to  (hew  that  mens  humours  and  mettles  will 
carry  them  often  beyond  their  births  and  probable  obtainments.  A  man  of  a  great 
•  courage  he  was,  and  his  body  bore  not  patiently  others  lefs  vigorous  then  he,  to  be 
Compartners  in  degree  with  him  ^  and  therefore  as  he  was  active  and  potent,  fo  doe* 
be  manage  fuch  his  Excellencies  beyond  others,  and  becomes  a  terrour  to  men  as  well 
as  to  beafts,  thereupon  whatever  he  originally  was,  the  Holy  Ghoft  affixes  this  on  , 

him,  that  he  had  obtained  to  be  accounted  robufius  Venator  coram  Domino. 

Rcbnftus  Venator  3  This  fets  forth  both  his  activity  of  body  and  minde :  of  minde, 
winch  ehofe  hunting  of  beads  to  difcipline  him  to  hunt  men :  of  body,  which  was  athle- 
tique  and  Mafculine  able  to  follow  the  courfe,  and  to  weary  out  the  nimbleft  foot,  and 
pull  down  the  fturdieft  body.    Men  Eva  will  have  him  called  a  mighty  hunter,  and  {££*££"'■ 
fucceffcfull  in  his  endeavour,  quia  partem  prada  Deo  dabat ;  but  Mercer  reproaches  mitntfiriu'm- 
this  in  him,  and  fayes,  onely  Ahen  Ezra  of  all  Interpreters  magnifies  this  Varlet.    A  ™fti '"■  Vl"blos 
man  of  courage  no  doubt  then  Nimrod  was,  and  of  violence  too,  for  hunting  and  " 
hunters  in  Scripture  fignifie  fomuch,  thus  Efau,  Gen.  xxvii.  is  faid  to  be  a  cunning  Wtupmmii. 
hunter,a  man  of  the  field :  and  the  malice  and  vehemence  that  wicked  men  have  againtt  G""^' 
the  godly,  is  exprefled  by  terms  of  hunting,  Lament,  iv.  1 is.  They  hunt  our  fieps 
that  we  cannot  goe  in  the  Street ;  which  Saint  Hierom  renders  Lnbricaverunt  ve- 
fiigia  nofira  in  Itinere  platearum,  fo  Lament,  ii.  52.   Mine  enemies  chasten  me  fort 
the  Vulgar  reads  it,    Venatione  capermt  me  inimici  met,  fo  Pfal.  clx.  1 1.  where  Jtis 
penally  faid,  Evil  jbaH  hnnt  the  violent  man  to  overtake  him  ;  R.  David  adds,  Ve- 
nabitur  ileum  adimpulfiones,  adco  itt  impeBetur  amalo  ad  malum,  fo  Prov.  vi.  26.  £- 
xjteh.  xiii.  20.  and  in  other  Scriptures  violence  is  expreffed  by  hunting. 

Now  this  hunting  of  Beafts,  theGyants  of  old  did  not  ufe  for  recreation,  as  our 
Gallants  now  adayes  do,beafts  of  prey  and  Venery  -,  but  to  accuftome  thejr  Natures  to 
cruelty  and  irrelentingnefs,  and  to  enter  them  thereby  into  a  making  nothing  of  vio- 
lence and  life,  which  they  found  they  fhould  the  better  execute  in  earneft,  when  in  jeft 
(as  it  were)  they  were  trained  up  to  it  ■,  that  as  Gamefters  begin  with  pinns  and  far- 
things, and  Leachers  with  obfeene  words,  and  blafphemers  with  random  and  broad 
fpeeches,  and  drunkards  with  lipping  great  quantities  offmall  liquour,  and  thieves 
with  robbing  Orchards  and  fteeling  Deer,  till  at  laft  they  act  all  wickednefle  in  the 
heigth  and  improvement  of  it :  fo  did  the  heroique  Bravado's  of  the  World,  who  meant 
to  waft  Countries  and  fubdue  Governments  to  their  wills,  difcipline  themfelves  to  ruf- 
fle and  butcher  men  by  doing  the  like  firft  to-beafts.  Thus  Xtnophen  tells  us  that  the 
Per  (tan  Kings  inftituted  their  fons  to  hunting,  and  Bechartus  from  him  produces  The-  clop*  s  J?,  id 
feus,  Cafior,  PiIhx,  Vlyffes,  Diomcdes,  ty£neas,  Achilles,  all  which  were  xiiysyt.  *•  '■  '»•- 
nZf  <u«3ina<,  trained  up  to  hunting,  £hironc  Hits  venandi  artem  fumma  cur  a  edocentt 
tanquam ad bellicam  difciplinam  nonpar urn  prof uturam;  Tully  fecends  it,  Jmmanes  fe-  Lii  2  d«Nm 
rat  belluat  nancifcimur  venando  ,    &  exercemur  in  venando  ad  fimilitudinem  be  the  a  Deorum.' 

•  dtfciplina;  yea,  Pliny  is  in  the  fame  tone,   His  artibus  futxri  duces  imbuebantur  cer-  i„nBt%yr. 
tare  cum  fugacibus  feris  curfu,  cum  audacibus  robore,  cum  callidis  afiu ;  thefe  and  fun- 
dry  other  authorities,  as  of  the  Emperour  Proclus,  given  to  feats  of  theft ;  Commedus  f*J'"Vopife; 
fo  cunning  to  fnap  beafts,  that  where  he  would  be  codld  have  them  •,    Adrian  t-he  Em-  HcnXn  in. ,:. 
pcrour  bred  to  hunting,  all  which,  with  many  other  Examples  do  (new,  that  activity  ?•»«+•  Edit. 

•  in  contemptible  things  may  in  time  grow  to  great  fuccefs.  Awmianus  Marcellinus  ^."'spamanaV 
tells  us  the  Parthian  Kingdom  grew  from  tbefe  fmall  rudiments  to  great  things,  and  "'Adtiano 
(z)Fulg*fus  remembers  us  rhuSpartacus  the  Thracian  headed  an  Army  of  men  that  put  ^ J"  £fc4** 

•  M  m  2  the 


184. 


Ful  gofuj  lit.  §. 
'•4. 


Cdf.\\.Ofhit 
Vejagttftht  In- 
dia's. 


Ctrtm  Dtmim  p - 
tri  diruntHr,  tut 
qui  "Da  ftrgrat* 
jura,  *Mt  c]t<*  ti 
tk/plicim.  Gior. 
inlic. 

River  in  be.  dif- 
fer:. *5. 


Becharew  Geog. 
iaeulit.  1.  «.!!• 


/ 
A  Commentary  upon  Fortbscue. 

the  Romans  in  fear,  and  made  them  fend  out  Litmus  Crtjfns  the  moft  potent  man  of 
Rome  againft  them,  and  all  little  enough  to  reprefs  that  whiffling  Thracian,  who  origi- 
nally was  but  a  fordid  perfon,  yet  active  and  bold.  And  he  that  confiders  what  VirUtus 
the  L*fit*nuH  did,who  was  initio  vendor, &  poftek  Utro-fn&usfixA  yet  did  fuch  a  four- 
teen years  fervice againft  the  whole  power  of  thejc«w<i»j,muft  yield  that  great  things  in 
iffiie  depend  upon  fmall  and  unthought  of  beginnings  i  yea,  the  moft  warlike  people  of 
Jndi4,the  Ca fares  or  black  people  of  Moftmbique, become  fo  terrible  and  aftivys  they 
are,  by  living  upon  what  they  get  by  hunting,  the  prey  of  which  they  feed  upon,  and 
thereby  are  not  onely  able  and  bold  to  grapple  with  Elephants,  but  even  with  all  men 
that  come  in  their  way  as  Linfchotten  informs  me.  This  fuffices  to  make  appear  that 
Nimrtd  took  a  good  Method  to  his  purpofe,  in  making  hunting  of  beafts  inductive  to 
his  hunting  of  men.  In  which  regard  he  is  termed  by  the  holy  Text,  A  great  Hunter. 
And  thac  as  it  followes. 

Coram  Domino,  before  the  Lord.  This  is  added  tsfit  ctwg»»rr'the  more  vividly  to  fet 
out  his  Monftrofity ,  for  it  has  an  import  of  fomewhat  emphatique,not  onely  in  Grotius 
hisfenfe,  which  makes  the  phrafe  to  extend  to  things  which  arc  both  pleafing  and  dis- 
pleasing to  God,  but  alfo  and  chiefly  in  that  which  Rivet  understands  the  Holy  Ghoftj 
meaning,f0r«m  Domino  velcor.temptive,vel  fimulati ;  for  Nimrod  being  a  fclf-admirer, 
and  having  found  his  fpirit  bold,  .and  his  boldnefs  fucceflefull,  may  well  be  conje- 
ctured to  rcfolve  what  he  was  to  do,  with  an  intent  of  defpight  of  God,  and  in  op- 
pofition  to  him,  as  valuing  no  eye  feeing,  no  tongue  cenfuring  his  actions  $  fo  au- 
dacious was  he,  that  he,  in  the  effrontery  of  his  attempts,  feemed  to  pick  a  quarrel 
with  God,  and  to  challenge  his  purity  and  juftice  to  clafh  with  his  luft  and  vio- 
lence ;  or  elfe  coram  Domino  implyes  his  fubdolous  Hypocrifie,  which  he  conceited 
fo  much  to  prevail  againft  God's  omnifcience,  that  he  could  intend  violence  and 
yet  pretend  onely  order,  and  to  make  men  more  devout  to  him.  One  of  thefe 
probably  was  the  curfed  Artifice  of  this  Tyrant,  whom  therefore  the  Holy  Ghoft 
diflefts  by  the  phrafe  before  the  Lord,  to  teach  the  world,  that,  whatever  the  hid- 
den Hypocrifies,  or  open  Blafphcmies  of  Men  are,  God  fees  and  cenfures  them  as 
before  his  eye  and  under  his  power,  and  will  make  their  Baby  Ions  of  ftrength,  by  which 
they  think  to  eternize  their  greatneffe,  nothing.  Thus  did  he  by  Nimrod,  who  though 
a  mighty  hunter  andafubtle  provider  againft  an  evil  day  }  forftrong  Bub j Ion  hebuile 
as  the  non- fuch  of  the  world,  which  fhould  perennate  his  Empire,  and  hhnthefirft 
founder  of  it :  yet  God  in  a  fhort  time  brought  him  into  the  duft.  And  fo  we  leave 
this  nigh: j  Hunter  before  the  Lord  humbled  and  reduced  to  lefTer  termes  then  an  Em- 
pire, all  amort  in  the  glory  and  tcrrour  of  his  wonted  activity. 

£uia  fa  venator  ,ferks  libertate  frutntes ;  iffe  homines  fibi  comftfeuit  obedirt. 

This  is  explanatory  of  the  precedent  words,and  the  Chancellour  by  it  fhews  how  he 
exercifed  his  ftrength  and  activity,  to  wit,  in  chafing  beafts  as  a  preface  to  his  Tyranny 
overmen.  Wilde  beafts  are  thefabjefts  of  the  hunters  purfuit,  becaufe  they  being 
fe ra  nutur*,  and  nutiius  in  bonis,  and  God  creating  nothing  in  vain,  made  them  not  one- 
ly as  tokens  of  his  power  and  omniform  wifdom,  but  as  exercifes  of  mans  induftry  and 
fagenefs,  and  as  helps  to  his  luftre  and  accommodation  of  life ;  and  fhould  not  man  by 
bunting  and  flaying  wilde  creatures  leffen  the  increafe  of  them,  not  onely  would  the 
world  be  overlaid  with  them;  butmanhimfellcheLordof  all  creatures,  of  whom  na- 
turally the  dread  a/id  fear  is  in  all  Creatures,  be  overborne  by  the  number  of  his  rude 
and  ravenous  Subjects,  and  be  left  able  to  maftcr  them  then  comported  with  the  order 
and  abfolutenefs  of  his  Empire.  Therefore  God  has  implanted  in  man  a  fpirit  thus 
active  and  daring,  that  the  Creatures  void  of  reafon  might  (though  in  bulk  and  ftrength 
excelling  man )  be  by  the  reafon  of  man  brought  into  fubjection  to  him  ;  and  this  being 
the  fecrct  implant  of  Ood  in  order  to  mans  Dominion  over  the  Creatures,  the  cor- 
ruption of  man  extends  further  then  God  originally  intended,  though  not  beyond  the 
bounds  he  has  fucceflefully  permitted,  and  in  a  fort,  ex  parte  poft,  blefTed.  For  though 
he  loves  not  Tyranny  as  'tis  the  luftfull  and  infolcnt  rule  of  one  over  many  v  yet  as  one", 
good  Governor  may  by  his  rule  over  many  bad,  meliorate  them,  fohe  isnotadifap- 
prover  of  it :  order  and  fubjection  he  wil!s,  though  the  irrectitude  of  the  means,  and  the 

truculcncy 


A  Commentary  upon  Fortes  cue.  i8? 

truculency  of  the  Subjed,  who  transads  this,  he  approves  not.     That  which  then  was 

reprovable  in  N'mrtd,  was,  that  he  did  violently  and  favagely  hunt  men,  and  fuffer 

them  to  be  quiet  no  where,  till  they  had  taken  his  yoak  and  would  anfwer  his  fpur  and 

lafh  •,  which  our  Chancellour  exprefTes  by  compefcuit  obedire.  Becaufe,  as  Beads  of  prey 

thatufetobe  at  liberty  and  not  fettered,  are  not  got  into  Ginns  and  Snares,  but  in 

order  to  their  deftrudion,  either  for  the  skin,  horn,  flefh,  feathers,  o*  fome  Other 

parts  fake  about  them ;  fo  men  are  not  compelled  to  fubmit  and  obey,  but  fore  againft 

their  will*:  for  though  all  men  dare  not  do  fo  much  for  freedom  as  Hegefiflratus  E-  Herodot.  fe 

Utu&d,  who  taken  by  the  L*eed*mo»i*nt  and  put  in  Iron  Chains,  cutoff  half  his  c,'ll0Pe- 

foot  to  be  at  liberty,  and  after  that  leaped  over  the  Wall  and  cfcaped  his  imprifon- 

mentj  yet  all  lore  freedom  as  well  as  he,  and  are  loath  to  obey  bafely,  till  they  can-  xiphiiinm  EPi- 

not  ftiift  it.    In  that  therefore  our  Chancellour  fayes,  homines  fibi  compefcuit  obedire,  ^,^"'4; 

he  intends  to  declare  that  obedience  it  the  Childe  of  power,  either  that  which  is  ob-  cafaio. 

tained  over  Sub jeds  by  love  the  Engine  of  milde  Princes,  of  by  force  and  anger  the 

Method  of  angry  and  favage  ones.    And  fuch  were  the  following  men  he  writes  of. 

• 
Sic  Belus  Aflyrios,  &  Ninus,^«4H»  magnam  Afiac  partem  ditionifuafubegerunt. 

This  Belus  is  diverfly  thought  of  among  the  Learned.  Servius  fays  this  name  did  not 
ratione  carere :  it  is  thought  by  fome  that  this  was  the  f  upiter  of  the  Poets,  whom  the  LHius      rjld 
Nations  worfhipped  as  a  God,  becaufe  he  commanded  whom,  and  what  he    pleafed.  syntag.  i?d" 
Others  fay  'twas  Bacc hm,  8WD3?,  and  J/*r<r*/r.r,andlknownotwho:probabryG(the  Natur*  deomm, 
was  the  fame  whom  the  Sidenians,  and  Phoenicians  call'd  Baal,  fo  often  fpoken  of  in  BochaKui  g«o- 
Scripture,  who  was  not  onely  a  *vt>tyivn<,   as  the  Father  of  Tyranny,  but  as  he  did  &•  sic.p*rti>fi. 
tyrannizeover  the  fouls  of  men,in  making  them  give  him  divinehonour  ■,  for  fo  i  Stra-  e*"***^*-1- MU 
Retells  us,  that  to  Bacchus, which  was  Baal,  TU6  'Atinr  Zhnr  x&Zmodoni1*(  ,&c.     All  UGeograph/.t». 
Afia  Vtae  cenfecrated  tt  Bacchus  •,  and  how  much  he  daily,  devoured  to  fatisfie  his  Luxu-  P  ♦*«•«*«•£«* 
ry,  Bechartm  has  to  my  hand  fet  down.    Now  this  power  ofBelm  is  here  fet  down  to 
be  over  the  Affyrians,  that  is,over  that  trad  of  ground  near  and  about  Babylon,  as  ap- 
pears not  onely  from  the  5 1  of  fer.  44.  where  God  fays  he  will  punifh    ^3M  UE1 
Bci'm  Babylon  ;  but  alfo  from  the  agreement  of  Interpreters,  H*ftorians,  iodGtogra-  UblSG 
fhers ,  Strabo,  Herodotus,  Pliny,  who  all  make  Affyria  to  be  that  very  place  now  cal-  ad  UtSm* 
led  Syria,  having  on  the  Eaii  of  it  India  ■,  on  the  PTtft,  the  River  T.ygris ;  on  the  Bochart.  Gcogr* 
South,  Media-,  on  the  North, Caucafns ;  whish  to  diftinguifh  the  better,  men  divide  H«od«uV  <» 
it  into  Syria,  Affyria,  Leucbfjria,  Caltfyria:   others  into  Syria  of  PaUfiine,  and  Clta.fi*.  i.f,7i. 
Syria  of  Antiech.    This  was  the  plain  and  plcafant  Countrey,  in  which  this  Tyranny    . 
under.  Belus  was  aded,  called  Affur,  not  from  Affur  a  man's  name,  as  fome  will  have  J,lvcw.i"e " 
it,  but  frbm  "^©^  blefled,  becaufe  it  was  a  Land  commodious  for  life,  as  the  Scri- 
pture tcftifies,  A  Land  »f  Corn  and  Wine,  a  Land  of  Bread  and  Vineyards,   a  Land  of 
Oyl  Olive,  and  »f  Honey,   %  King.  18.31.  This  was  Affyria,  which  was  and  is  fo  no- 
ted to  abound  in  delicates,that  every  thing  of  rarity  was  termed  Affyrian  ±  the  Citron,* 
rare  fruit  called  Malum  Affy  num-,  the  Rofe  of  fer mfalem  Amomum,  named  Gramen 
A(fyrium  ■,  the  Drugs  of  which,  choice  Perfumes  are  compofed,  termed  Affyrii  Odo- 
res-,  the  Garments  of  State,  which  Emperottrs  and  Princes  wore  of  Purple  and  Scarlet, 
Veftts  Affyria  .  yea,    the  Learning  of  the  then  World,  was  limited  to  Affyria.    And 
hence  we  read  in  P/ttj  of /»>«•<  Affyria  tanauamibi  primum  repent;  and  high  Rioted 
Orators  that  traded  in  pompous  v/ords  were  called  Afiatici  Oratores :  yea,  many  have 
made  Eden  the  Garden  of  God,    to  be  in  Affyria:  fo  the  Chaldee  Paraphrafe,  on  27  ^T,!^"''' 
Ezxch.  23'.  as  Bochartns  well  obferves.  .  p.  171. 

Et  Kimsjuam  magnam  Afi« partem.  •  ' 

This  Ninus  was  the  Son  of  Belus,  and  Husband  to  S  emir  amis :  N'mrod  built  Ba-  'Am%    «g5p,. 
bjlon,  and  Belus  expatiated  his  Empire  over  all  Syria:  but  Ninus  was  the  notable  Mo-  ,,;„,/©-, 
narch  of  Afia  •,  for  his  Empire  was  the  firft  of  the  fifth  Heathen  periods  of  time  •,  Ninus  suidu  >»  vert*, 
his  Empire,  Ogyges his  flood,  the  Trojan^ ar,  Olympiads,   Vrbs 

Condita  ■,  thefe  were  the  five.  I  know  there  are  other  Periods  and     ^li,",^"ldus'''t• De  •Anm,&  ""^^ 
v£ra't  in  Scaliger  And G agendas  ;  but    the    Ethniaue  Accountl     ttviui^ntntrnm 

Wat 


i%6      A  Commentary  upon  F  o  b.  t  e  s  c  u  e« 

was  from  thefc :  and  this  efUblifhment  of  Ninus's,  as  it  was  a  great 
one  for  Power  and  Territory  according  to  Diodorus,  fo  was  it  a 
h— Tmhir^T^'**^^  I"***1'  durable  one  .  for  the  Syrians  commanded  the  upper  Afia  near 
™™7rr™?i"7*'fimuZ\Zrut''«i,  520  years,  fo  fortunate  was  his  fmall  beginning,  that  after  he  had 
i.ibyxtnmu,uKfr,ftrd»mmiddimi,ifr,x-'  entred  a  League  with  Ariaus  King  oi  the  Arabs,  in  17  years  he 
S^3w&ZfC  fubduedall  A/ia,  which  is  the  third  part  of  the  World,  as  big  as 
mmum  fiptnti,  nu.  totmi  mntuffiuu  Europe  and  Africa,  and  contains  in  it  Ml  fit,  Phrygia,  Caria,  Lj- 
A^./.Diod.sic.6t.i.Bibii»th.icmdio.    f,d&n<\  Lycaonia,  the  pleafanteft  and  richeft  part  ot  the    World. 

This  was  the  fubjeft  of  Ninus  bis  Empire ;  and  of  this,  Babylon  was 

Twgus ,  in.  1.     tj,e  chief,  and  Ninus  the  fecond  City.  Yet  Ninus,  as  great  a  C  onquerour  as  he  was : 

was  conquered  by  his  cruel  and  falfe  Wife  Semiramis  -,  to  whom,   be  able  to  deny  her 

nothing,  granted  an  one  days  onely  Empire,  which  he  intended  onely  to  honour  her  ; 

but  (he  treacherosfly  mifufing,  caufed  her  husband  to  be  flain,and  fo  ufurp'd  his  Em- 

Eire,  and  was  not  onely  vild  and  vain  In  it,but  when  (he  was  to  dy  e.cauftd  her  effigies  to 
e  cut  in  ftone  near  the  Mountain  Bagiflhenes  in  Media  find,  appointed  an  hundred  men 
%yL'im1"m     as  Priefts,daily  to  wait  upon  it,  and  prefent  it  with  gifts  and  offerings. 

• 
Sic  &  Romani  Orbit  Jmferium  ufurfarunt. 

As  the  Eaflern  Monarchies,  fo  the  Latine  was  founded  upon  force.  Man  bad  made 
a  Babel  of  his  foul  by  confufion  of  that  divine  order  and  integrity  that  was  in  it,  and 
Cod  made  all  the  defigns  of  his  ambition  and  Earthly  eternity,  insurable.  The  Monar- 
chies of  Nimrod,o(Belus  and  of  iV»»*/,  were  great  and  lafted  long-  but  yet  they 
had  many  viciilitud.es  and  fcveral  Matters,  and  at  laft  their  greatnels  was  eclipfed  by 
the  Weftcrn  Monarchy  under  the  Romans  (  which  Plutarch  .lays,  irut  »  »x»  w7**«- 
^m°e J°"fDi  w»»H,  &C  Came  si  fen  the  page  of  fortune, and  af  feared  glorioujly  in  the  Wain  of  the  AiTy- 
tOt.  pitif.  rian  and  Perlian  Empires  ;  for  fo  great and  brave  a  Government  it  was,  that   (faith  my 

Authoar  )  it  may  well  be  called  the  Sifier  of  fufiice,and  Daughter  of  Providence, 

Vrbs  oritur ;  quis  hinc  hoc  ttlli  credere  fojpt, 
ViSorem  terris  imfofttura  fedem. 

When  Rome  from  fmall  beginnings  rofe  togivt 
Laws  to  the  World,  who  could  it  then  believe. 

To  write  of  Rome  at  large,  has  filled  already  the  World  with  great  Stories,  Dionyfiui 
Halicarnafs.  Plutarch,  Pliny,  Tacitus,  Livy,  Suetonius,  and  all  the  Serif  tores  Romani, 
v     together  with  the  exferfta  out  of  them.  Bri$onius,T)emfHcr,.  Latins,  and  above  all 
Lifftus  have  fo  largely  and  exquifitely  done  it,  that  to  aim  at  any  thing  befides  them, 
were  a  monftrous  folly.     As  therefore  I  do  decline  all  prolixity,  and  refer  my  Reader 
to  the  ingenuity  of  thofe  originals  ■,  fo  I  judge  it  fit  for  me  fhortly  to  write  here  of  the 
1*.  De  Ma  ni-  Xem*»t   Empir'd ,   to  bring  them  into  a  proportion  with  the  other  inflances  of  our 
wine  Romana.  Text-Mafter  •,  Rome  therefore  of  old,  the  Seat  of  the  Roman  Emfire,   was  founded,  ac- 
cordingto  Authours,  by  Romulus  tbe  firftKingofit  •,  a  man  infamous  for  his  birth, 
being  fpurious  ,  the  produft  of  Mars  and  Ilia  the  Veftal  Nun,  Daughter  of  Numi- 
ttrKiogof  Albany,  who  left  him  (  as  Stories  fay )  to  the  Nurfery  of  a  Woolf ,    which 
educated  him  in  a  beftial  ferity  5  the  infamy  of  bis  birth  and  nurtriture,  he  willing  to 
be  relieved  from,   meditated  fome  heroique  work,  in  the  merit  of  which,,  he  might  by 
common  confent  of  men  make  fome  addition  to  himfelf;  and  confederating  with  his 
sigonlm  tttfafi,  Brother  Remus,bu\h  Rome,  calling  it  after  his  own  name.     This  was  ( I  fuppofe )  done 
tiOZovtiZ  K*   a  little  before  the  eighth  Olympiad  tvad  according  to  computation  about  the  year  of  the 
Annaiei  Arnja-  World,    3256,  before  (Thrift  748  years,  Sigonius  places  it  about  the  firfl:  year  of  the 
Criftore.Flbl0    fcrenth  Olympiad :  when  it  was  certainly  built,  1  am  not  Chrtmhger  good  enough  to 
jmaiim'm  mbii     ftate  j  hut  that  it  was  built,  and  that  by  Romulus,  asaforefaid,  1  qaeflion  not  for  the 
■Mj»  tjutmur-  j0ynt  Authority  it  has  to  that  purpofc.  When  he  had  laid  the  Platform  of  it,  and  beauti- 
iZmZT     '  ficd  it  with  all  neceflaries  to  the  prcfence  of  a  Regality,  Pritno  cvrftitutis  facris  legtim 
Meflala  Cot'vi-  jura  Janxit, fecit  &  fe  remits  inftgnibus  auguftierem  firca  fe  HBores  inflituit,  afyU.m  ape' 
i?4.*DeA     Ai  ruit  comflenda  urbis gratis  Centum  Senator es  creavit  Reifubxonfilium  ;   eqr.ejlri  Nep- 
hrogenic, tun© 


A  Commentary  upon  Fortes  cue.  187 

tuno  ludos  finitimis  gentibusindicavh.  Thus  Aft  ft  la  Ccrvintts  tells  us  he  began,  wh'ch 
new  model  the  neighbouring  Nations  gazing  upon,and  becoming  Spectators  of  the  Re- 
creations there  inftituted,  gave  occafion  to  the  Roman  Planters,  to  feife  violently  the 
Sabine  Virgins,  and  them  to  wive,  and  on  them  to  get  a  fuccefiion  to  their  after-  great- 
nefTe.    Thefe  Rapes  di&ated  by  neceffity  of  State,  brought  Enemies  upon  the  Ro- 
mans, and  the  enraged  Shirts,  thus  fpoiled  of  their  Daughters,  refolved  to  give  Ro- 
mulus and  his  Subjects  fower  fawce  to  their  fweet  meat .-  Romulus  defends  himfelf  and 
his  acquisitions  bravely  •,  and  Fortune  (  to  fpeak  in  Raman  language  )  fo  favoured  new 
founded  Rome ,  that  all  things  anfwered  the  Grandeur  of  its  Founders  ftupendious  Pro- 
ject    And  as  the  Infancy  of Rome  was  venuft,  fo  was  its  Manhood  notably  flxenuous.  aJ^'^ZJ'l- 
To  it  all  people  of  Prowefs  and  art  refortcd  ■,  in  it  they  flayed  ;  to  its  glory  they  contri-  «™» pi*g*.  yum 
buted  then-  attainments,  and  fo  it  ampliated  its  renown,  that  all  the  world  grew  Rome,  ^yL7«»ruw» 
and  Rome  almof!  had  no  bounds  beneath  the  Univerfe}  this  was  the  orient  Gyant,  u»n* >roayi»j 


JtriHtm.  vtr- 


that  run  his  Race  into  all  Quarters,and  the  Helen  that  bewitched  all  Loves,the  Lap  into  &J"£"nmi 
which  all  the  lots  of  Confpicuity  were  concentred.  There  and  there  onely  was  the  Ci-  Sb"*u^^Tvin- 
ty  of  Kings,  the  Paradife  of  learning,  the  office  of  honour,    the  Campus  Martim  of  ""> ad  >"*i*m- 
Manlynels;  nothing  was  there  wanting  that  could  advance  life  to  an  Envy  and  endan-  ^mUnuTtoac.. 
ger  its  Luxury  :  yea  chough  it  were  nothing  but  a  pile  of  violence,  inhabited  by  the  cd.  /»*.  i+. 
Dcfperado'sand  Debauchers  of  all  Nations,  Latins,  Tufcans,  Phrygians,  Arcadians,    .      uh 
which  Florm  fiiyes  made  one  compaft  Roman  Corporation.-  yet  did  they,  upon  the  ,». . 
intereft  ofcommon  Concern,  fo  cement  and  co-operate,  that  they  fortified  themfelves  sigonius  m. ». 
agunltallincurfions,  fubverfions,   or  earthquakes,  which  the  Magneriquenefs  of  their  ^j^'*""^ "' 
external  fucceis  and  iucreafe  might  reafonably  occafion  them,  and  prevailed  againft 
all  mankinde  to  their  Mancipation  under  them,  which  made  the  Writers  of  them  not 
onely  call  them,  The  Petflc  onelj  Worthy  of  the  worlds  Empire,  and 

»f  all  the  admiration  of  all  both  Gods  and  men,  but  aggravate  them     op.^./««.^»«»orWi/CT;.no,A;?™«?« 
with  all  imaginable  Eulogick  Hyperbole's,  TheTreafurj  of  all    "o^T^^l  ^  ^ 
Lands,  the  common  Caftlecf  the  earth,  the  head  of  Dominion  andtf    t°rnmfHceef» 
the  world,  the  Centre  and  Academy  oparts,  the  Sanlluarjof  ?«-     SAmmhin1,lacitol^%     s: 
ftice,  the  Orb  of  eloquence ;  thefe  were  the  Tributes  the  flatteries  of 
men  paid  to  rifing  Rome. 

Rome  thus  replete  with  a  Mifcelany  of  Nations  and  diverfities  of  Conftitutions,  pro-  ***•  *•  **•'•  d« 
ducing  a  ferocity  of  manners  and  conversion  ■,  Numa  the  fecondKing  appears,  and  M™.e?d'iegm 
as  he  to  the  ten  Moneths  inftituted  by  Romulus,  began  from  the  Monethof  March,  9\.m.  dc  verb. 
added  Janxarj  and  February,  which  make  our  now  twelve.fo  did  he  add  to  the  glory  of  fl»nific-f  •  "J- 
the  Government  and  ftru&ure  of  the  City  and  irs  appurtenances  •  and  fo  did  after  him 
Ancus  Marins:  but  profperity  made  the  people  luxurious  and  prodigaI,and  there  was  a 
neceffity  of  breathing  ouc  thefe  peccancycs,leaft  for  want  oflt,  the  Conftitution  kindles 
and  flame  to  its  exinanition.  Therefore  in  Tullus  H«ftiti::s  his  time  to  adion  they  muft,  Corvi™'  "e(^- 
and  did.firft  agiinfl  the  Albanians,  then  the  Latines ;  and  after  once  they  were  fledg'd,  /«*.  US"  '  f"' 
and  had  drawn  their  Neighbours  b!ood,their  fingers  itched  to  be  in  arms,  and  fince  they 
could  finde  none,  refolved  th;y  were  to  make  an  enemy  with  whom  to  quarrel,  which 
becaufe  Srrvius  TuHins  their  King  faw  to  be  their  temper,  andneceflary  to  his  fubfift- 
ence-,  he  formed  his  Subjects  into  Methods  of  Warr,  and  acquainted  them  with  the 
dexterity  of  right  encamping :  yet  as  exact  as  he  was  in  the  skill  of  Souldiery,   he  loft 
his  Government  to  Tarquin,  zndTarquin,  proud  with  his  Prevalence,  brought  Re- 
gality not»onely  out  of  date  in  Rome,  but  thence  banifh'ed,  where  it  firftwasmoft 
confpicuous.    After  him  the  Romans  proved  fortunate  under  every  Government,  and 
in  the  Parthian  War  had  fo  much  of  divine  benedictive  Providence  concurring  them,  Floret  «•*•  ?■»• 
•  that  when  the  victory  was  ten  to  one  upon  the  Parthians  fide,  the  Romans  rallying  a- 
frefh  and  refighting  made  it  theirs,  which  caufedone  of  their  dying  Enemies  to  cry 
out,  Ite  &  biMcva/tteRomani,  God  ff  ted jou,  and  much  good  may  the  C^Uflery  of  the 
'worlddo  yeO  Romans,  whofc  valour  is  fuch  andyitlorj  fo  great,  that  ye  can  rcftft  and 
beat  down  the  Darts  opt  he  Parthians.  fo  that  Enemy.     So  true  is  that  of  Eutropius:  Br«viaiu./i*.i." 
that  the  memory  and  eloquence  of  man  will  hardly  ferve  to  commemorate  and  fee' 
forth  the  flourifhing  State  of  Rome,  what  vaft  Conquefts  they 

made,   how  renowned  Lawes  they  eftablifhed     what  a  terrible    Sftt*S ?2#S£!Zjt 
name  they  transmitted  far  off,  how  rare  Examples  of  Veracity,     <««  *rbtm  i,Mi*n  imamm  &  h  wm  f>- 

ferocity, 


i83 


>f  Commentary  upon  ForTescue, 


titlatm  T^tifuh.  lefitmqiu  ftri»ii»m.  AmjJ 
Uitaut  pa^an.Siattai  Auju(lin,/i4.M.  De 
Civit  Dei,  c.u.  * 

ȣUas  Sputianai.  mviuijui,  p.ut. 
tdit.  Sylburg. 


Sum  mint  mi  *li*  fmnrtt  civilti 
qusm  nimia  fslitkl. 
Horus,  lib.  J. <■•«». 


fifiiit 


Flaceus,  tf. 
lii.i. 


S>  Javenal,  S*- 
V-  if. 


Fortitude.and  generofity  they  were,  Hiftories  abound  in.  Hence 
was  it,  that  as  to  be  a  Citizen  of  Rome, was  to  be  noble  ;  lotobea 
Senator,  msfupra  quod  non,  which  Adrian  the  Emperour  infinu- 
atcd  in  that  his  Speech  upon  the  fenatorizing  of  Titius,  nihil  ft  jam 
amplius  habere,quedinfc  conferri  pojfit.  But  Rome,  as  a  piece  pf 
Elementary  mutablenefs,  ftood  not  always  thus  fixed,  and  really 
enviable  for  her  virtue  and  happinefs.  F»r  as  her  Pride  made  her 
invade  Neighbours ;  foher  Conquefts  over  them,  made  their  vi- 
ces and  plcafures  Viftors  over  her  quondam  virtues ;  Syria  and  A* 
fa  they  got,  but  by  them  they  were  effeminated,  and  the  manners  of  the  Age  being  in- 
quinatedwith  for  reign  vices,  made  Rome  a  Sink  of  Lubricity ,  not  a  Theatr»f  Mafcu- 
line  Puiflance,and  Heroick  Bravery  :  for  which  the  Peat ,  not  untruly,  reproached  it. 

St  Attune,  Mis,  feeler  t  At  que  libidine  &  ira, 
I  Hi  ac  os  intra  mures  peccatur  &  extra. 

Sedition,  Fraud,  L«ft,  Wickednefs,  and  Rage, 
Have  Rome  devour' d,  made  it  the  Villains  Cage. 

Qua  tarn  fefta  dies,  ut  ceffet  frodere  fnrem, 
Perfidiam,fraudes  at  que  omni  ex  crimine  lucrum 
Sluafitumefl,  fartos  gladio  vel  pjxide  ttummos. 

What  day  fo  facredis,Vcbich  cannot  difcover 
Theft,  Perfidit ,  with  Fraud,  hut  Rome  to  hover, 
In  thee  Gold  is  the  Goddefs  men  admire  ; 
They  it  by  bookjor  croekjcfolve  t'acquirt, 
Thus  it  the  Roman  virtue  dun'd  i'th'  mjre. 

Yea  fo  juft  occafion  there  was  for  this  declamation  againft  Rome's  Apoftacy,  that  the 
grave  Philofophiz'd  Emperour  Antoninus  upbraids  it,//  this  (quoth  he)  Rome,f'»  wbic b 
in  elder  time,  and  in  the  Golden  Age,  there  was  upright  old  men,  «» 
viliz,'d  Youth,  valiant  and  weH  dtfciplin'd  Sculdiers,  moft  juft  and 
wife  Cenfors  and  Stnators  t  Sure  this  that  is  now  Rome ,  is  but  the 
Pi&ure  of  that  real  Rome  -,  for  now  '  the  Citizens  are  from  watch- 
ful,flothfnl;  from  men  of agility,  become  vicious;  from  indu fir sons, 
become  a  City  of  idle  and  ineccupyedmtn. 

And  now  the  Roman  name  cripples  and  declines  j  all  the  £*/?  de- 
fects from  them,  and  of  the  jyeft  they  hold  but  a  fraall  part }  their 
Wealth  refunds  it  felf  into  tbofe  quarters  whence  it  effluxed,  and  every  ambitious  and 
popular  party  rends  and  tears  a  limb  from  her  fymmetrious  body,and  that  figure  which 
was  the  glory  of  all  its  Architects  and  Statuaries,  becomes  now  disfigured  by  the  Tri- 
umph of  time,and  the  tyranny  of  change  in  her  ruining  voracity.  So  that  as  Nimrod, 
Ninus,  Belus,  Tyrants  all,  had  but  a  Temporal  Confiltency  s  no  more  had  Rome  in  the 
grandeur  of  that  pofition,  wherein,  as  Queen  of  Nations,  ftie  gave  Laws  to  the  Conti- 
nent. 


Hanceim  tjft  JLotnam  crtdii  UUm  ubiprifcis 
trmfonlms  ©-  in  aunt  lilt  fitculojtvts  front 
himtflijiini,  Jiivcaesftfrimt  moral:,  IXtrci- 
tui  dtfciplind  tbftrvanttfstmi  .  &  itnfortsft- 
natorenjut  jMJtiJsimi  ?  non  tfi  hac  Roma. 
nullum  habit  Romi  vtliigium,  nullum  dt- 
cu:,  nulUmfimilttudiatm,  Epift  ai  Follio- 
nem. 
J  Jaterculas,  Ub.z, 


SZuare  dumflii  ifrael  regent  peflulabant  ficut  tunc  habnerunt gentes  omnes-,  daminus  /#- 
de  offenfus  legem  Rtgalem  eis  per  Prophet  am  txplanari  maniavit,  qua  non  aliud 
fait  qudm  placitum  Regit  cis  pra-ejfentis,ut  in  prime  Regnm  libro  plenius  edect- 
retur. 

i  Sam  i  ii  This  inftance  the  Chancellour  produces,  toftiew  that  the  Cufloms  of  the  Nations 

had  infe&ed  the  people  of  God  to  fy  mbolize  with  them ,  in  defiling  the  government  of  a 
King,  rather  then  that  that  God  guided  them  by,  when  he  fays,  He  was  their  Kinr, 
whom  in  their  choice  of  a  King,  as  the  Nations  had,  they  declined,  and  ior  which,  the 
feverity  of  their  Kings  (hould  be  a  punifliment  -,  not  that  God  difapproved  Kingly  Go- 
vernment, for  that  is  his  own  Government  over  the  World,  and  that  which  his  Son  our 

Lord 


A  Commentary  upon  Fortes  cue.  igp." 

Lord  Jefus  is  espreffed  by,   ihavefetmyKir.gupatmy  Holy  Mountain,,  Eat  becsufe  fatdmtpfc? 
he  knowing  the  hearts  of'  jjrael,  fet  on  k  with:*  depreciation  of  him,  made  ir  therefore  ^Z^l"  'itu 
terrible  to  them,  as  a  puniihmcntofthcirdilefteemofhim.     In  thefe  words  therefore  n  D*?m  immr. 
ihe  Holy  Gholtdocsexemplifie  their  condition  in  the  fruition  of  their  dclire.     And  taie!"  mn  char" 
though  Lortr.tts,  and  other  learned  men  largely  difcourfc  of  the  particulars  of  this  their  '£?m$S± 
temper  of  affairs,  as  penal  from  God-  yet  a  better'  and  fhorter  account  of  ir,  can  no  sauii**0V/H 
ttbere  be  produced,  then  fiom  the  Pen  of  ^  King  fames  of  happy  memory,  who  in  his  i""j"SS' 
Difcourieot  the  Law  of  Free  Mtnarchy,  treating  on  it,  has    compnfed  all  that  the  <j»<  ntrfy*!*' 
words  import,  in  this  Breviary,  Th:  be  fr  and  mblcfr  of  jour  blood,  fia/l  be  cempeSed  in  ""•?*'"*'<"•'  it- 
jlavtjb  and  ervi.e  Offices  toferve  him,  and  not  content  ej  .his  oty»  Patrimony,   will  make  Samucii  tjusfi- 
up  a  Rr,::o  hi:  own  ufe  of 'your  befi  Lands,  Vineyards,  Orchards,  and  fiore  of  Cattle  ■,  fg  t"f'.»'t*i>f«c- 
as  mvert.ng  the  LaVr  of  Nature,  and  Office  of  a  King  ,  jour  per fens  ,    and  the  Perfons  cf  "£"\u  gtw™«* 
your  pofienty,  together  wth  Jour  Lands,  and' all  that  ye  poflefs  ,   JhaH  ferve  his  private  f«r"  Gumus.De 
ufe  and  intrdmate  appetite :  thus  he.    And  this  makes  good  our  Texts  Defcription  of  it  f  £  H*t  '*  •  • 
to  be  placitum  Regis  eis  pr£-effentis.  T  The  true  Law 

I  ofrhtMtnarchtes, 

f.  iss.    of  his 

Habesnunc  (mfaRor)  Princeps dariffme ,frm&m exordii  regnorum  regaliter poffef-  W^s8u^nthc 

forum,  «j*are  ejttonscdo  regmimpeliticc  regulatum  primum  ernpit ,  etiamjampro- 

pd/are  ctnabor,  ut  cognitis  ambortim  regnornm.imttis  caufam  diver  fitatis  qudm  tit 

quarts,  inde  elicere  tibi  faciUimum  ft. 

This  EpiUgiqae  Sentence  has  much  of  comprehenGve  fmartnefs,  and  oratorious  bre- 
vity in  it :  the  Prince  is  gravely ,  and  with  due  obeyfance  told  what  the  Chanccllour 
aimed  at,  and  accordingly  has  performed  in  the  preceding  words,  Habesnunc  Prin- 
ceps clarifsime  for  mam  exordii  regnorum  regaliter  pofjefsorum  ;  as  if  he  had  faid,  Great 
Sir,  I  have  not  boafted,  of  what  I  could  not  perform  to  jour  fatisfallien  ;  J»*  have  it  (  ni 
fallor  )  as  far  I  hope  asfatisfiesyou,  or  is  difcoverable  by  man,the  original  of  high  met  tai- 
led domination.  Secondly,  the  Charcellour  rationally  promifes  folution  as  well  as  he 
can,  how  politique  Government  came  in  ufe,  and  the  effe&s  of  it,  and  this  as  a  piece  of  - 

right  to  Juftice,  that  the  Sentence  may'not  be  paffed  upon  either,  but  after  Audience 
and  confederation  of  both,  ^uareqnomodoregnumpolitice  regulatum,  Sec.  as  if  the 
Chanccllour  had  proceeded  to  fay,  Your  Grace  knows,  that  the  fore-defcribed  abfo- 
lute  regality,  was  a  fruit  of  popular  fervour,  which  delighted  in  change  and  allimila- 
tion  to  the  moft  received  cuftome  of  men  ;  aad  Sir,  you  are  alfo  t©  understand,  that 
politique  regal  government,  fuch  as  Englands  is,  did  not  come  into  approbation  by 
chanee,  as  a  by-blow,  with  all  the  difparagements  of  inglorioufnefs  upon  it,  bat  it  did 
erumfere,3s  that  which  was  expedient  and  neceffary,  to  prevent  both  the  Rulers  distur- 
bance, and  occafion  the  rulcd's  peace :  'twas  fuch  a  mixednefs  of  temper  for  common 
good,  as  was  equally  in  the  iffue  of  it  compenfative  to  King  and  People :  for  fuch  a 
fenfe  I  conjecture  our  Chanccllour  to  have,when  he  fays  of  it  trupit,  which  is  as  srach 
ascumimpetuexiit;  erumpo  being  a  word  that  argues  and  implyes  vehemence  and  im- 
portunity, not  to  be  almoft  denied,  like  the  breaking  out  ofa  Spring,  which  impor- 
tunes paltage,  and  where  it  finds,continncsit.  And  I  fuppofe  our  fwo»<£»«  Ktngs,  un- 
der whom  it  firft  appeared  like  indulgent  Fathers,  feeing  their  Subjects  as  dutiful 
Children,  proftrate  before  them  to  beg  the  blefling  of  kindnefs  and  freedom  from  them, 
did  in  paternal  commiferation  and  regal  condefcenfidn,  vouchfafe  their  defires :  and 
thus  they^did  erumpere gaudio  propter  eenceffum  regimen  polititnm.  For  the  Chancellor 
docs  not  mvum  dogma  propalare,  not  make  the  freedom  ahd  relaxation  of  our  govern- 
ment to  be  a  fruit  of  War,  or  (as  it  wers)  a  trophey  from  th»  fpoil  of  Princes,  but  he 
makes  it  an  acquifition  of  favour,  a  reward  of  duty,  a  ftimulation  to  obediential  per- 
feverance.  And  then  laftly,  he  fhews  the  reafon  why  he  docs  thus  produce  the  go- 
vernments in  their  refpeftive  nature  and  fruits,  to  wit ,  that  his  Reafon  might  be  fatif- 
ficd,that  Antiauity  was  hcrein/o*»J  in  the  way  of  righteoufnefs ,  and  therefore  to  be  ho- 
noured, and  that  as  well  King  as  People  conferred  fo  to  rule,  and  fo  to  obey  ;  and 
this  takes  offall  the  acrimony  of  People  againft  their  Prince,  and  all  rage  and  feverity  of 
the  Prince  againft  his  People ;  which  a  Commodns  would  never  have  confented  to,  for 
he  laid  afide  the  gravity  of  a  Roman  Senator, -\n&  appeared  like  a  Fencer,  ufing  no  com- 
panions, but  fuch  lewd  Royfters ;  and  the  reafon  was,  hisdefign  was,  rtf  <w  *ft<rCu- 

N  n  7*t*<> 


i$o  ^Commentary  upon  Fortescue. 

Ti?«,  &c.  The  grave  men  and  aShis  Fathers  friends  he  meant  to  flay,  that  thtj  might  not 
fee  thewickednefs  he  was  to  ai7,  nor  reproach  him  for  fuch  villanj  ,  as  became  rathtr  * 
•  Butcher  then  a  Prince  ;  but  our  Princes  have  abhorred  fuch  cour- 
xftinht,n*rchu-^tx.  out  cmfiii,  ddmifu.  fa  ami  confented  fo  to  govern,  and  fo  to  be  obeyed,  as  the  Law 
ZS'^lcoT-  timJuIfH^  mentions  and  prefenbes,  declining  all  exceffes,  as  equally  danger- 
mt*r  vfiui,  •"  Tjrtnmdt  iriumfbu  f.tim  ■,  Cus.  1  his  their  moderation  therefore  our  Chancellour  perfwadi  no 
ig£i*£*A{^tt  himtofollow.introduces  the  DtfowrfeofPolitique  Government  in 
timmum  *..»  fiiuUt*r.  «  •»  Trtmdt f»f»-    the  next  Chapter,  in  thofe  words. 

lm  tffrimttm.    Ctfus  S  phzi.  Civic  lib.  4. 


r.i.f.117. 


CHAP.    XIII. 

Sanilus  Auguftinus  in  lib.  19.  De  Civitate  Dei,  c.  2  j.  dicit  quod  populus  eft  catus  hi' 
annum,  furis  confenfn  &  utilitatis  communione  fociatus. 

.  Q  A'mt  J uguftine  is  one  of  the  four  Latine  Fathers,  whom  Baronius  calls  occidental 

/^cLient.*  v^Ecclefiaculmina,  &C  The  Sfires  of 'the  Weft em  Church,  the  fi  Bars  of 'the  Catho- 
oBav.antc  Tom.  fiqUe  "Faith, the  great  Lights  and  Miracles  of  the  World-,  a  Bifhop  about  the  fourth  Cen- 
4  Anmi.  t      0f  fjle  church,  and  one  fo  learned  and  famous,  that  though  he  had  bedirted  his  life 

and  name  with  Immoralities,  Herefies,  and  other  Turpitudes,  which  not  onelyhein 
his  own  Conieffions  laments  and  detefts  •,  but  alio    Pdfsidonins,  Bannius,  Erafmus, 
invitttju.        Vives,  and  other  Authours,  do  not  fpare  him  for :  yet  did  the  grace  of  God  fo  effe- 
ctually refcue  him  at  toft,  that  he  grew  the  great  Bulwark  of  Faith    againft  the  Goths, 
Donatifts,  Manithees,   Pelagians,  and  all  other  HereUques,  anddeferved  that  tcflimo- 
ny  that  Erafmus,  that  witty  and  oracularly  learned  man  gives  of  him,  £ttid  enim  habet 
£fif„u   dtdic*  or  bis  Chriftiamis  hoc  Serif  tore,  vel  magit  am  turn,  vel  augufiias ,  &c.     what  ( faith  he  ) 
Offr^dit.Vtobe-  £  ^  ty  wy0[t  ^rld  more  valuable  and  magnificent  then  this  Father  xwho  Vf  rote, and  sj^e 
ft'J'am.  not  by  rote,  but  as  it  wire  divinely  inffired,  aptly,  and  in  a  not  to  be  confuted  dialell ,  who 

had  the  excellency  of all  the  Fathers  concentred  in  him,  as  if  the  ample  gifts  of  the  Holy 
Spirit  were  in  him  above  humane  proportion,  and  as  ifhk  Soul  were  the  Table  on  whom  the 
grace  of  God  would  exemplifie  it  J "elf  in  the  litfely  piclurt  of  an  Evangeliqut  Bijfrop  every 
wayiomfleat :  thus  he.     And  not  without  rcafqn,  for  God  had  given  him  great  Wit, 
folid  Judgment,  experience  of  Convcrfe,    profpeft  of  the  vanity  of  the  World  ;  and 
having  direded  thefe  by  Converfion.to  their  right  objeft,  and  by  a  preponderation  of 
grace,  made  his  accomplishments  Gods,  in  the  intent  and  devotion  of  his  foul ;  fo  to 
ufethem,  God  brought  him  forth  to  a  Mafculine  purpofe,  and  placed  him  in  the  fore- 
front of  the  battle  of  danger  and  oppofition.     As  a  Champion  of  the  Church  he  flood 
p^'^'  """*  vigoroufly  and  fuccefsfully,  writing  fo  much,  that  Pofsi Junius  Hums  the  truth  to  com- 
jnvitAcjm.     mendhim,  Scrip/it  pluraquamquifquamlegeriti  but  one  wittily  obferves,     Js  decipi 
eum  opinione  credidit,  qui  omnia  qua  Augultinusy "crip fit,  arbitrator fe  legifse.     True  ic 
Hh  tanu  4«;fc-  '*•  tnat  mucn  ne  wrote,  and  t0  excellent  purpofe ,  for  fo  great  a  name  gained  he  by 
ritALutnuUmi    his  excellent  Learning, Life,  and  Devotion,  that  his  Writings,   next  to  Holy  Scripture^ 
Szv£"Jiflm  hi  yvert  reverenced  and  owned.hni  on  this  ground  did  the  Umrch  Saint  him,  not  by  Popifh 
fuXmTMfiiifir  Canonization,  fori  think  that  was  not  in  ufe  then  J,  but  by  a  publication,  and  recogni- 
tpu  Pauii,  mAjor  tjon  of  his  facred  endowments, and  the  fervice  he  as  an  Inftrumcnt  of  God's  glory  in  the 
%?Z?fi,rT'ti  Church,did.     Now  as  the  Authour  was  an  excellent  pcrfon,  fo  is  the  Book  here  quoted 
beiiic./i*.!.f.7.    by  our  v..hancelloura  rare  Book,  both  for  the  occafion,  argument,  and  zeal  of  the 
Authour,  in  the  compofing  and  publishing  of  it ;    Roma  Gothorum  irrr.ptione  fub 
slnm^ia&ia\  t\>mcoGotho  paganiblafphemarel)eumcapertint,8cc.     when  Rome  (  faith  he)   "Was 
«»/.*. dc Civii.  incommodated  by  the  Goths  under  Ahrkthrir  King,  and  I  faw  and  heard  their  blafpbe- 
Dcl"  mies  againft  God, and  the  magnification  they  uttered  of  Ethniqne  Lopperies;  the  zeal  of 

God  againft  them,  made  me  vindicate  the  truth  againft  them ,and  hereupon  I  wrote  the  Booths 
in  vives  rr*f*t.  0jty  citj  0f(je(l :  thcy  are  his  own  words.On  thefe  Books,learned  Vivcs,hy  the  help  of 
*""""*'  incomparable  Erafmus,  commentaried,  but  withasmuchdifcouragementasa  painful 
Commentator  could  have  from  an  ingrate  age^ut  notwithstanding  all  that,he  perfected 
his  Work,&  dedicated  it  to  our  H.8.0ut  of  thefe  Books  of  the  Father,to  wit/io.c,  23. 
our  Chan.  quot.  is  alio  c .  a+.  papains  eft  catui  multitudinis  rationalis,  rerum  quas  d'ligit 

>  son' 


tmt 


A  Commentary  upon  Fortescue;  191 

cvnccrdiccKsmnitionefociatus,  which  ij  almoft  in  termini*  our  Texts  here,  Populns  eft 
ctetus  hminutn juris  confnfu  &  utilitatis  conjunBione  fociatus  ;  which  fentencefeis 
forth  thefubjeft,  the  rule,  the  end  ofGovernment  and  Order  in  all  Societies.  So  then 
Societies  are  made  up  of  men  not  beafts.tb'r  though  number  may  be 

of  heaPr'  birds  and  rifhes  •  vet  Society,  arguing  amicitialnefs,  pre-     W  <?«"*"»  tyf»b-  wdiwau  i«»i««i»W. 
fuppofes'reafon.which  onely  men  and  Angels  have.  And  as  they  are    "*■  "V--  W*-».  '•  *■  '»• 
call"dfxf«/  for  the  number,  fo  honinum  for  the  nature.This  entasis     ciwuum  af,f,iuiMm  ,p  cnfn  aiuaan 
a  word  of  a  large  extent;  for  it  not  onely  import,  ten  in  Company,    J—  ~S?*Z  ?£\Z"tZ 
as  the  Code  has  it :  but  any  great  number.  I  he  C  ommon  Law  makes    public. 
three  unlawfully  met  together  a  Ryot,  or  a  Multitude  punifhable, 
and  though  Sir  Edward  Coc^fayes,  that  upon  the  Statute  of  5  J?.     iiDdu.f.tsj.fia.^. 
z.cj.  the  word  Multitude  muft  be  ten  or  more,  yet  he  adds, 
1  cculd  Kcver  read  it  refirainedbj  the  Common- Law  to  any  certain  number,  and  there- 
fore iince  the  Statutes  1 7  R.  2.  c.  8.  13  H.  4.  c7.2E5.c8.  19  H.  7.  c.  1 3.  do  none 
ofthemfpecifie  the  number  that  fhall  poiitively  make  an  unlawfull  multitude  or  af- 
fembiyb.it  leaves  them  to  the  expofition  of  time  and  pra&ife,  which  interprets  three 
or  more  a  number  within  thofe  Statutes,  that  Expofition  is  the  Law  of  a  multitudes 
coniiftency.     By  Catus  then  is  underilood  a  number  united  having  fome  capacity  for 
action.    And  though  Cattts  in  Authours  has  fome  times  an  ill  acceptation  as  Suetonius   Cdht  txttMem,m 
ufesit,  Jgiiicatumfecerit  capital*  ft,  and  Auguftus  forbad  his  Daughters  to  be  in  tbe  'prohibit  fii,M.ia 
Company  of  Strangers';  yet  it  having  a  good  fenfe  alfo  not  onely  in  Tidiy,  but  in  our    Auguft.  f.  «4. 
Text  there  is  good  ufe  to  be  made  of  it,  as  it  is  directive  to  the  ConBion  of  Sode-  f'^ZZt 
ties    who  by  meeting  perfonally  together,  become  one  in  affection  and  foder  into  an   »""»•» «•«"■*. 
oneneffe  of  all  common  Conditions  •  hence  the  Greeks  by  «Jsa«if  exprefs  any  Society  ™,lT",'/Zr,Z 
either  facred,  civil,  martial,  corporal,  fob.xvi.  7.  fob  complains  to  Cod  of  his  mife-   nmcnfiimm  ad. 
ry  in  thefe  words,  Thsuhafi  made  de folate  {aWT}"}^,  Congregatinnem  meant;  as  if  he   dM'"-Cic-!i'"1- 


Dt  FimK 


hadfaid,  Thou  O  Lord  haft  withdrawn  thj  mereif  'nil  indulgence  from  me,  anddijfolved 
the  Polity  and  Contexture  if  mj  Nerves,  SinsVes,  and  Arteries,  which  carrjed  cigo- 
roaflj  about  th:  meltons  and  operations  of  nature,  and  mw  I  am  the  fubjecl  of reprta.hxnd 
abhorrence,  I  am  an  it  were  nothing,  all  the  venufi  figures  of  thy  Imprejfion  on  mi  are  de- 
faced and  defelated,  fo  might  fob  be  thought  to  fay.  Our  Chancellour  then  out  of  Sc. 
.v4*£.underitands  Catus  in  a  good  fenfe  for  a  Company  of  men  met  together,not  vagely 
to  do  mifchitf,  but  p; udently  to  prcferve  tremfelves  in  a  jufiifiable  vny.furis  confenfu, 

fur  is  confenfu,  not  cafually  and  by  accident  as  birds  and  beads  do,  but  upon  moral    ctrtdrmmu  mp  > 
ana  datable  Principles,  by  common  agreement  and  Concord  ;  and  this  either,  cum   *r^^v*' 
totuscctitp,'.pulus:   or  when  part  representing  the  whole  accord  and  .confent,  and  then  nmoenis  de  ver. 
facimus  tjuodper  aliumfacimus,  dyesGrotius.    And  this  confent  of  a  Law  for  Kegula-   Jurifp.ttfci.Tit. 
tion,  and  fach  a  Law,  as  according  to  the  common  Principles  of  honefty  and  prudence,   £*,  x  c.  «.  De 
takes  offthe  combination  of  men  from  all  injurious  intendments,  becaufe  itfuppofes  Jir!beii.©-pac. 
them  fo  to  lore  and  praftife  charity  and  juftice,    that,  they  will  not  as  Enemies  to  man- 
kinde  be  prsdatorious,  but  make  the  Law  their  Judge,  and  of  their  actions  the  Ar- 
biter •  which  Plato  declares  the  end  of  Law,  i'fip  rj  »  W  n'o^v  vara^r/j,  &c.  Teusthe    ui^oetcgih. 
Lato  has  this  import,  that  under  it  the  Citizens  may  be  mcfl  happj  and  mo)}  friends  »ne  to 
another  :   fo  D'vUgenes  the  Pythagorean,  vipQr  Hj^L-dk  ^  ^(xtvtyt,  &c,  The  LaV»  is    f^?j  f^» '" 
the  Prefident  and  Authour  of  all  things  that  tend  to  civil  concord  and  virtue  ofconvtrfa-   Jnm.lu 
tit*,     lor  God  has  fo  riveted  Principles  of  juftice  into  mans  minde,   that  as  he  knows 
to  praftife  it  is  his  duty,  fo  to  underftand  it  is  his  delight,  where  corruption  by  a  preva- 
lency  has  not  befotted  him.     And  hence  is  tbe  general  fufrrage  of  men  for  a  Law,  and 
zealous  they  are  for  the  reverence  and  obfervationof  it.     Archytas  the  Pythagorean   stobxns/>rw*t; 
fayes, /«  $  Griper,   It  ought  to  be  that  that  Law  and  Government  be  accounted  the  beft, 
that  is  the  Marrow  of  aU  Forms  and  regulates  every  atlumbj  juft  Litres. 

Et  utilitatis  communioue  fociatus,  this  is  tbe  noble  end  of  all  fociety,  love  arifmc 
from  the  common  fortune  they  refolve  to  partake  in.   Sin  alas  made  a  very  great  papp, 
between  not  onely  God  and  man,  but  between  man  and  man,  letting  infuchaScaof  'H  xtiftU' 
vice  and  torrent  of  ataxicall  principles,  and  all  thofe  in  depravation  of  the  Image  pihmr,    lift. 
of  God  and  the  candor  of  humane  nature  ■,  that  did  not  virtue,  ordinated  by  God  to  be   r.b.^.Dc  RjC- 
thcba!mofcuretoit,interpofe,  and  exprefs  it  felf  in  civil  offices  and  kindeindinati-    pub.<r.  ir. 
ons  to  mankindc,  and  thence  conqner  the  depraved  rudenefs,  no  reconciliation  would   'H  -mM  V% 

N  nz  poffibly   iTOk^,&c,  . 


101 


A  Commentary  upon  Fortescue. 


ettwitm  dtvmum  ;  t]*tmi/.i  heme,  ntiur.i  fkt 
iw>j  fm  £tmms  tuamAxiibr..  tsret.  (  7{*m  im» 
Ovti  *k  Ovibm,  fed  a  pr*ft*iitiiri  nuur* 
Homme  nimft  return  :ir  j  fed  urn  Triueifi 
Deo.  eujui  Vicaiii .  &  q*aji  viva  im*[o 
funt  .ttjui  inter  homtnei  tectum  e,btinent, 
Hopperui  Id,  1  Dc  vcia  Jmispmdcnti)' 
Tit.  ii. 


ThoIolT.  Syarag 
Juris  Civilii  lit. 
4J««.H.  />.  1010. 


poffibly  be,  but  that  coming  in  as  a  Reconciler  and  gcod  Angel,  clofesthc  breach 
and  makei  men  agree  to  rnle  and  obey  to  ends  of  common  convenience.  For  as  in 
the  body-natural,  the  one  head  rules  all  the  members,  becaufe  the  noble  faculties  of 
Regency  are  there  feated,  and  the  lower  and  lefs  noble  parts  willingly  fubmit  to  its 
guidance  and  Dominion  ^  fo  in  the  ftate-body  the  noblclt  and  belt  are  fitted  to  rule 
and  probable^  to  rule  well,   and  one  is  the  befttorule,  becaufe 

emm  Mm  4.  «f*.  &  *fter  thc  Wod,cl  of  Q0*  and  the  manncr  of  mankinde  j  and  tl^ough 
I  know  many  have  carried  on  and  kept  up  Government  worthyly 
among  the  Greeks  and  clfewhere ;  yea,  and  that  under  their  An- 
ftocracy  common  good  has  been  promoted  :  yet  all  Experience 
tells  us,  that  the  leaft  inconveniencies  to  common  good  arifes  from 
'oft  and  well-compofed  Monarchies,  wherein  Princei  rule  for  God 
as  God,  juftly  and  mercifully ,  and  confider  their  Subjects  a* 
under  them  to  order ,  not  to.deftroy  •,  to  difcipline  in  virtue,  not  to 
prefident  to  evil.  And  who  fo  confiders  the  Inconftancies  of  people  in  the  Roman's  ftate, 
who  after  they  rejected  their  Kings  fell  to  Confuls,  thence  to  Decemvirs,  then  to 
Confuls  again,  after  that  to  Tribunes  of  the  people,  thofe  fometimes  annual],  then 
changed  into  Dictatours,  from  thence  to  fhort-lived  Emperours ^  till  at  laft  they  came 
to  perpetual  Empcrours.  Whofoever  I  fay  confiders  the  verfatility  of  the  People  in 
their  influence  .on:  Government,  will  have  caufe  to  bleffe  God  for  God's  Lawes  to 
rule  them  and  apod  Princes  co  execute  them. 

Nte  tetmen  populus  hujusmodi  dum  Acephalus,  ii  efi,  fine  cafite ,  c erpus  vecari 
mcrctur.  Quia  ut in  naturalibus^capite  detruncato^rejiduum  non  corpus,  fed  trim* 
cum  appeKamns  :  fie  &  in  foliiicu  fine  capite  emmunitat,  nulUtenus  corptratur. 

Here  the  Chancellour  fhews,  that  no  Societies  of  men  but  have  Superiority  and 
Inferiority  by  common  confent  amongfr  them,  and  that  from  Prefident  of  God  and 
-  Nature  in  the  Confutation  of  the  body  of  man,  the  little  world  after  the  Model  and 
Polity  of  which  the  greater  is  made  and  to  it conformed  :  now  his  argament  is  as  a  bo- 
dy, nothing  can  be  faid  fuch  to  be,  that  wants  a  head  on  it,  for  then  it  is  monftrous  and 

cwharis  pPi*7  deformed ,|dead  and  invivid,  a  Block  and  Carcafe  not  a  perfect  figure  of  life  and  luftre  ; 

i.c.i.  '  fo  in  Societies  of  men  where  fome  do  not  rule  above  others,  and  the  others  obey  them' 
there  can  be  no  reafonable  appellation  of  a  Society,  no  expectation  of  joint  and  feve- 
ral  advantage  and  peace  refulcing  from  the  glory  and  guidance  of  the  head.  For  as 
that  refcinded  from  the  body  ceafes  its  foulary  influence  and  actuation,  fo  the  Socie- 
ties of  men  not  fubfervient  to  their  head  are  full  of  confufion,  and  in  no  fort  regular 
nor  durably  fucceffefullinany  their  actions,  but  as  foon  may  a  wife  man  hope  to  fee 
a  Poft  ftirr  without  help  of  Lifters,  as  thefe  polkiquely  transact  without  an  head. 
The  head  is  the  feat  of  life,and  the  region  of  the  fpirits.and  nature  of  man ;  indeed  the 
heart  firft  lives,  but  when  life  is  in  the  heart,  then  it  dittributes  its  energy  to  the  whole 
mafs  of  Nature  gradually,  for  tbeCifternofthefpirits,  into  which  they  all  flow,  and 
where  they  concentre,  is  the  head :  fo  that  though  the  people  be  firft  in  order  of  time, 
yet  the  Ruler  is  in  order  of  Dignity  ,the  chiefeft  and  beft  part  of  all  Societies ;  for  he  is 
the  living  Law,  and  makes  them  he*  rules  either  happy  or  miferable,as  his  virtues  orvices 
are :  And  therefore,  as,a  Ruler  cannot  be  without  his  People,  fo  not  a  People  without 
a  Ruler,  they  are relata's  each  to  other,  and  do  neceffarily  imply  each  other,  and  are 
but  nxda  mmina  in  their  feparation. ,  For  as  in  the  confederation  of  the  World,  there 
is  God  the  Crcatour,  Man  his  Creature,    the  World  his  Work ;   fo  intheCommon- 

lA.  De  Ver.  ]u-  wealth,there  is  (faith  Hopper)  ijuodpraeft  caput,  the  head  t bit-rubs,  the  foot  thatcbejet, 
Sndthat  which  u  a  partaker  of  both  Rule  and  SubieQion,  the  community  and  [octet j  of the 
People .-.  So  that  as  the  end  of  life  is  not  obtained,  but  by  the  heads  being  upon  the  body^ 
fo  not  the  end  of  Government,  but  by  the  fafety  and  proper  fixation  of  the  Prince  in 
his  Prerogative  and  Seat  of  Rule.  Which  all  wife  people,  in  their  refpe&ive  Govern- 
ments, have  ever  in  fucha  degree  promoted,  as  was  approved  neceffary  to  their  fubfift- 
ance  and  peace :  and  the  people  of  God  fo  far  propagated,  thac  they  told  David  plain- 
ly, that  his  fecurity  was  fo  important  to  them,  that  hazard  his  Royal  Perfon  a'gainft 
rude  Philifiims   (who  would  bend  the  heat  of  the  battle  againft  him  as  King,  of  Ifrael ) 

he 


Hift.  Animal. 
lib.  U  1.  to. 

Lit.  it  c.  t. 


lisprud.  c  11. 


A  Commentary  npon  Fortes  cue.  ip7 

he  fhould  noc ;  and  they  give  the  reafon,   Thou  art  Worth  ten  thoufand  if  hs  ,  that  is , 

thou  'puts  a  fpsrit  into  all  cf  us,  who  without  thee  fhould  ftgnifie  nothing :    and  whatever  be-  *a™  TZrTl'nt 

tide  us,  thy  courage,  wifddm,  and  influence,  will  either  bring  us  off  when  in  danger,  ",  ,w  »,</.,' 

by  fending  a  convt  n;ent  and  timely  refcue,  or  revenge  our  deaths  and  loffes,  by  a  brave  chM-  *•»?•»• 

return  of  refolution  in  revenge  oi  injuries.     Ch!    but  why  io  ?  ontrworth  ten  thou- 

fand :  Yes,thou  art  the  light  of  Ifratl,  and  one  Sun  is  more  available,    then  millions  of 

litrle&rthing  lights :  Thou,  O  King,  art  agcodotcommuricruivtnefs,  all  our  dark  - 

nefs;  our  dulr.efs  fharpned ,  our  diforder  regulated,  our  diffuf.ons  re- 

collefted  .    .         i  in  thee:  therefore  we  are  bound  in  love  to  our  klves ,  to  fecure 

thee  ns  t!  til  our  good,  and  the  life  of  all  our  pecce.     1  or  though  it  is  a- 

grec.  t  People  were  before  Princes,  and  Families  before  Kingdoms, 

( for  Government  was  in  families  from  the  Creation  to  the  Flood )  ar.d  from  families  Liptns.  i  p0n. 

to  Divifiohs  and  N'-  oods,  thence  to  Towns,  thence  to  Cities,  and  therce  'A*'?' 

,       s.      .     .  -it  -ii  i  Monic.i.  p  107. 

many  Towns  and  Cities  being  united  made  Commou-wealtus-,  yet  Princes ,  i  the  molt  CtAs'Sphzti 
excellent:  of  thetn,being  fee  over  them,and  recogniz'd  by  Aft  of  State,  no  reaftumption  cWtat.w.i.  t.t. 
of  the  Primitive  power.andjiberry  of  People  lyes,  any  more,then  it  lies  in  he  power  of  King  y.4««'s 
a  Woman  once  rtiarryed,  to  diflblve  the  Manage  Bond -,  for  though  ic  were  ac  her  truc  L-«  of 
choice,  to  content,  or  not,  while  fhe  was  fui  juris-,  yet  having  once  confenccd  to  the  *™Jt,»4rtl'"s- 
aft  of  Varru'ge,flie  becomes  her  Husbands,  and  he  has  power  of  her,  and  all  herlingle 
liberty  is  determined.  , 

This  then  confidered.the  Chancellour  has  done  wifely  to  confider  Bodies  Politique  by 
Bodies  \"atura!,as  God  in  the  Fabrication  of  man  made  him  the  -pitome  and  lirle.v.odel 
of  the  World.fo  our  Chanceflour  makes  the  head  in  the  body  of  man  the  thing  by  which 
hefe;s  forth  theftate  of  Kingdoms,  and  their  bodies  government.  In  the  body  though 
thert:  be  two  feet,two  hands,two  arms.two  ears,two  eyes,cwo  fides,  yet  is  there  but  one 
head:     So  in  the  Common-wealth,  though  there  be  many  ruled ,  yet    but  one  alone 
rules,  which  one  is  called  emphatically  a  Head,  becaufetbe  Head  is  faced ,  Sacrum 
caput  (  faith  Varro )  a  capiendo,  ejuiainde  capiunt  origintm  fenfus ensues. &'C  all  the  fen- 
fes  inrernal,externa!,are  there  lodged,  as  in  the  nobleft  part  of  the  body.    F'.ence  is  it, 
that  not  onely  Chrift  is  called  in  Scripture,  Head  of  the  Churchy  and  the  man  the  head  of 
the  XT-wan  :  but  every  thing  of  perfection  and  excellency  is  fee  forth  byjhe  head.  Ger-  'har0"n"s'  L!b- 
gtttus,  whom  Phavormus  calls  no  mean  Authonr,  fays,    that  Rome  was  of  old  caiied  hominis.  ,.«*« 
Cephaletn,  betokening  her  Empire  to  be  over  all  the  World  ,  and  the  chief  place  in  her  £"»*'*  7  ?•>»» 
was  called  the  Capitol  -,  yea,  all  fafety  was  exprefTed  by  the  heads  fafety ,  if  that  were  oJL  r„d  «/ 
out  ofdarger.tfc  body  could  not  be  unhappy-,  which  was  one  reafon,  why  the  Egyp*  frfia*m.  vmm 
tians  venerated  the  Head  -,   zniPaulus,  the  famous  Civilian,  has  publifhea  for  the  ho-  cal""'  ^c' 
nour  of  the  head,   LecusiReinejuthMmanumir.hy.maturiaput,religiofuseffcitur,eU^m 
nbfauc  aliis corporis  partitas.  Although  therefore  Monflers  in  Africa  may  have  their  Vamjittr*- 
mouthes  and  eyes  in  their  breafts,  yet  moft  of  the  World  knows  no  place  lor  chem  but  ^'X'^T^r,, 
the  head,  and  that  on  the  fhoulders  of  the' people,  who  with  gladnefs  bear  it  up.  and  puUn  «|pvu. 
are  made  happy  by  their  fupport  of  it :  for  Princes  are  to  Statcs.as  Heads  are  to  Bodies,  "in-N:i  Hift. 
Beauty,  Life,  Regulation,  which  three  make  that  one  Divine  Hormony,  which  the  Sen-   '  I,c**" 
pture  calls,  under  the  namc'of  charity,  th  Rniof  Prrftlion. 

Firrt,  Beauty,  that's  conveyed  to  the  body  by  the  head,  in  which  the  face,  the  eyes,        M  ua  ulU 
the  nofe,  the  feat  of  all  .he  fenfes,  both  foulary  and  bodily,  are.    Hence  is  it.  that  Phi-  d  "Zl'mdi 
lofophers  faj,  vultus  animi  Index  -,  for  all  the  refemblarxes  of  virtues  and  vice  are  here-  -wJ*""'*'  *; 
by  made  known  :  nor  is  it  often  feen  that  men  are  bener  or  worfe  •   buc  moftiy  1  h  tt  (to  '.^'i'J^'vw- 
wife  men)they  fcem  tobe^  which  Socrates  juftificd  Z»pjrus  the  Phifvgwmer  in,  wlirn  '*'•""  •z'MV'* 
he  cenfured  him  for  a  bad  perfon,  and  was  derided  by   them  that  flood  by  and  knew  l'sr,',^"1"m,ium 
Socrates  his  worth.     Oh,  fays  Socrates,  he  rightly  judged,  for  fuch  at  be  df'inlnd  me,   /  ,xr,tt.  Plia  se- 
had  been,  had  nut  philofophy    reformed    me.     St>  may  all  men  fty-  fuch    we  are  as  '"■■',,Mt- 
we  feem,  unlefs  we  are  other  by  miracle,    which  none  can  tell  but  the  aothorof  them  : 
wh?n  therefore  the  head  is  fepa,-ated  from  the  bpdy,all  the  beauty  ceafes,  nil  the  pn  ro- 
gati  ve  of  man  above  other  Cream  res  expires  -,  a  ("arcafs  he  is,    and  n>  more  like  what 
he  was,thcn  a  Truncheon  is  to  a  ^cepter   ( though  ArijlotleHttWsvs  of  Jupit ■  r  HopUfin  < 
Prielr,  that  fpakc  after  his  head  was  cut  off  )  yet  a  rude  inform  co:itenipibi  Animal/' 

iSfpsffive  under  every  infolency,  attmftiveofno  refpeft.hardly  worthy  ot civil  Cere   fiiom. 
monies.    So  is  it  in  the  State,  if  the  head  be  from  the  body,  there  is  nothing  but  defor- 
mity 


c  10. 


ip^      A  Commentary  upon  Fortescue. 

mityand  tyrannous  monftrofity,  the  feet  and  hands  will  rule,  v/hoarej/afiersofniif. 
rule,  and  good  tor  nothing,   but**/  humi/iter  fervire,  ant  fr.perbe  dominai.      Andwo 
b:  to  that  Land  where  the  Government  is  headlcfs.    'I  he  Holy  Ghoft  records  it  for  an 
ill  time  in  lfratl,  when  ever}  man  did  that  which  wm  right  in  his  own  eyes.     Ihc  dicit 
Pet.  Mirw.  in  Scriptura  quaftfuper  hoc  ingtmifcit,   faith  Reverend  Bifhop  Andrews-,  ar.d  Peter  A/ar- 
i7iudic.f .*.  ii  tjr  ispofitive,  that  nothing  is  more  pernicious  to  humane  fociety,  then  lawlefsr.efe, 
Xii  «.!•»«*  'when  the  itch  of  popular  levity,  and  the  fcurvy  of  their  infolent  iuccefe,  makes  them 
trampledown  Laws, and  rebel  againft  the  Law- maker.     God  f-;s  it  down  fo  often, 
There  was  no  King  in  lfrael,    then  did  every  man  that  whith  wot  right  in  his  own  eyes,  ?.s 
the  great  aggravation  of  the  peoples  penal  infelicity.    God.  had 
removed  their  Governours,  and  now  they  by  their   fins,  being 
cum  trtiim  MMMimim  i(ipUic*.Dmi     without  the  ftaff  of  beauty,  God  for  their  (ins  broke 'the  ilaffof 
I$^&£?SS££     bands,  for  a  Vagiftrate.s  the  band  that  holds  all  teg,  ther.     God 
Ttomia.v .Mattyi.i»iSAnu«.is.  gave  them  Magiftrates,  and  thole  they  murmured  under,  and  God 

took  away  their  Governours,  and  with  them  the  luftre  of  rhcir  go- 
vernment. So  fares  it  often  with  brave  Aurelians,  though  for  their 
AuteLviflot  Bfiem.  **•£*&•       .      o00d  ruling,  they  deferve  inter  divos  referri ;  yet  they  feel,  as  he 

Saaftus  Thomas,  Lit.  DelVegim.  Ptinci-      t.  C>»  1  J         ,     ■       t       i'  '        . 

pUm,f.,.  did,  the  force  of  treachery  and  treafo.n  in  their  deaths:    «o  that 

kwiiias  Bcr.zon.us »  plat  it  3**11.  4.    Kings  are  as  Heads,  beauties  to  their  Politique  Bodies,    and  'tis  as 
p»/.i.f.zoe.  comely  that  one  fhould  rule,    and  the  reft  obey  in  the  body  poli- 

tique, as  that  the  head  in  the  body  natural  fhould  priefidc  over  the 
reft  of  the  members,and  they  obferve  its  rule,and  fobmit  to  it.    !-o  the  Text  is  out  of 
Ariftetle,' 1  Politic,  £lu*ndocnnt]ue  ex plurimis  conftituitur  unum,  inter  ilia  ur.um  erit 
rtgens ,  &  alia,  erunt  reel*.     For  as  Mu(;ck  is  made  up  of  deep  Bafes,  flirill  Trebles,  and 
grave  Means ;   fo  is  beauty  in  government  compofed  of  ihofc  fymmetrious  correfpon- 
dencies  that  are  between  Power  and  Obedience. 
Secondly,  the  head  in  the  natural  body  is  regimen,  the  directive  part  ;  for  though  it 
nift.A»isia!.      be  leflcr  then  the  trunck,    or  lower  parts;  yet 'tis  in  figure  and  nature  correfpondenc 
/;t.t.£.is./.773  to  the  fublimc  part  of  the  World, the  Heav ens  ;Becaufe  man  is  made  to  beLordofthe 
World,     God  has  given  him  fenfes  fuitable  to  his  dignity,  tnd  lodged  them  in  a  reper- 
tory fublime  and  fecure.     In  the  head  is  the  foul  with  all  her  faculties,  if  materially  any 
where,  or  rather  circumfcriptively,  which  I  donotfay-,  but  I  mean  there5  if  any  where 
the  foul    and  her    facukies    be,    'tis  in  the  brain  lodged  in  the  head-,  there  are  the 
fenfes,  which  fubferve  the  reafon,  and  all  the  distributions  of  it.     And  hence,   becaufe 
the  Court  of  all  the  noble  Conftellations  is  there,it  rulcs,for  that  government  becomes  \ 
it  beft :  fo  in  the  body  politique.the  Princc.as  the  caput  regni  &  legum,  does  the  offices 
^"dd,™"  >{*"'  ofthe  head  to  the  community ,  he  dircfts  what's  to  be  executed,  and  what  r.ot  •,  how, 
r£t'tp*jr™fi*    in  what  proportion,when  v  nc  profpefts  what's  good  and  evil,  and  is  the  Authour  of 
j«p'"""  *"•  both,according  as  his  example  inclines  to  either  ;  which  Vlutarch  apprehending  aright, 
F!™op"c"^  admomfhed  Trajan  of,notably  -,  and  that  not  onely  as  he  loved  him,but  alfo  as  his  own 
caro  Nu.neiia   credit  was  cor.cerncd  in  the  goodnefs  and  prudent  demeanour  of  his  Pupil;  Tuaitaaue 
■o,  f .  1  j».         virtftti  congratulor,  &c.     /  congratulate  thy  virtue,  its  good  fortune  and  mine  too,  if  thou 
foeweft  thy  [elf Worthy  the  Inftitution  I  have  given  thee  ;    tthtrwife,    fure  thou    milt  be 
Ruaidusn  vi.  ffo  frfjtft  of  detraction,  and  involve  me  in  the  cenfure  with  thy  f elf ;   for  as  Rome  will 
nutc    Mf.ij.  ^^  dpplaudafl'jthfnl  Prince,  fo  will  not  they  forbear  reproach  Kg  me  as  thjremifs  Afafter, 
'   who did  net  timet) iljpluck^up  the  roots  cf vices, -whence  fuch weeds.  no\\>  fpring ;  but  by  [pa- 
ri ngthtm  in  thee,  am  acceffary  to  the  iU  effctls  of  them.     Thus  wife  Plutarch;  other 
words,    but  in  analogie  of  fenfe  to  thofe  ol  our  Lord  to  his  Difciples,  Ye  are  the  fait  of 
the  tyerld,  have  fait  in  your  fe  Ives,    that  yi  may  feafenethers  ■,  for  if  fait  has  hit  its  fa- 
vour, it  is  good  for  nothing  :    ye  are  the  light  ofthe  World,  let  jour  light  fo  [htne  before  men, 
that  they  may  fee  your  gtdworkj , and  glorifie  Jour  Father  which  is  in  Heaven.     Lights  arc 
riot  tobeputundcrabufhel,  but  upon  a  hill,  that  all  may  fee  by  them :  fo  arc  Princes 
to  be  examples  of  good,  and  directors  of  others  to  be  good ;    heads  are  parts  of  govern- 
ment,inftrudion,and  condu&.as  well  as  beauty  •,  fo  is  the  Text ,     Square  repulumfe  in 
regnum  aliunde  corpus  pel  tifum  erigert  vcltntem  femper  tportet  nnum  praficere  tetius  tcr- 
foris  illius  rtgitivxm,*nem  Regent  nominarc  folitum  eft. 

Thirdly,  is  the  Head  in  the  Body  Natural  is  the  life  of  it,  and  feparate  that   from 
the  Truntk ,  and  it  becomes  a  Log,  terra,  inutile  pondus  ;  fo  is  it  in  the  Body  Politique, 

the 


BooiiniusM.  3. 


^Commentary  upon  Fortes  cue.  105 

the  King  is  head,  all  the  life  and  Iuftre  of  the  Common-wealth  is  in  him  and  from  hiai. 
Hence  the  Hebrews  called  Kings  by  names  indicative  of  the  good  Offices  they  do 
to  people  ■,  they  called  him  by  2R"*?,  fo  the  King  of  Tyre  is  called  Exech.  xxviii.  14. 
Thon  art  the  anointed  Cherub  that  covtrtth,  Quod  in  morem  Cherub  alas  fuas  extendat 
lenge  &  ditionem  prof cr at,  faith  a  Glofs on  it.    And  by  I/O,  a  word  denoting  a  King 
lawfully  reigning  and  not  a  Tyrant,  Prov.  xxiv.  21.2  Kings  xi.  1  %',  and  thus  God  de- 
clares Chnfi  is  fee  by  him  Pfal.  ii.  6.  yea  as  the  Greekes  called  tho'fe  that  ruled  well 
mKtiyai,  ar,d  the  Latins  Deos  tutelares,  fo  did  they  give  almoft  divine  Honours  to  Gen*.  synra^I! 
them."    And  the />«•//*»/ to  fhew  the  benefit  Kings  brought  to  their  Governments  "■ 
by  the  peace  and  order  of  their  Reigns,   made  a  Law,  that  upon  the  death  of  every  d°p  ww' iwifc 
King  there  fhould  be  five  dayes  inter -regnum,  by  the  diforders  of  which  they  faw  their  Tit.  9. 
debt  to  their  Prince,  who  brought  a  redrefc  of  thofe  Mifchiefs,  which  fadly  thought  %"££"  T)e?"' 
upon,  makes  all  wife  men  of  Michael  Orfagh  the  Palatine  of  Hungary's  mind,  who,  p.*««i.,a««?/ 
when  the  Peers  of  Hungary  would  depofe  Matthias,  oppofed  them  with  this  ever  &H- . 
in  bis  mouth  from  his  loyal  heart,  ^utmcunetue  facra  corona  eorenari  videris,  etiamji 
bos  fit,  adoratoj&  pro  facrofanElo  Rege  dicito  &  obfervato.  To  feparate  thofe  then  whom 
God  has  joined  together ,Prince  and  Pcople,is  therefore  treafonous  •  becaufe  tending  to 
the  Deftrucrion  ot  both.    For  though  the  people  are  the  Embrio  whence  God  enlivens 
and  makes  powerfull  the  King,  yet  they  are  not  any  thing  but  cyphers  and  Embrio's, 
dead  lumps,  without  the  fbulary  influence  of  him,  Ex  popuh  tram* 

fit  regnttm,  quod  corpus  extat  myfticum  uno  homiue  ut  capite  guber-     Benzonius  m  T[d,  u.  Qnacfl.  t.  p,  ni. 
natum.    And  that  Monarchy  is  the  moft  ancient  and  juft,  the  moft     * '*'& ft* 
peaccfull  and  durable,  the  moft  fafe  and  communicative  Govern-     uffiot  x.  Politic.  c.  1.  p.  ».7.  «j-  tm. 
raenr,  all  Politicians  agree  •  fo  true  is  that  of  King  James,  The    ■** 

proper  office  rfa  King  towards  his  Subjects  agrees  very  well  with  the     johanntsCafut  k  Sgbxu  civil.  lib.  j.  r.7. 
effice%of  thehtad  towards  the  body  and  all  Members  thereof.     For    p. »»«•«»«. 

from  tht  head,  being  the  Seat  of  Judgement,  proceedeth  the  care  and     n,  lnt  ^  t/  &n  Mtiur(hl>  p  ^  c/ 
fore  fight  of  guiding  and  preventing  all  evil  that  may  come  to  the  body     fos  w>rki  m  fol. 
or  any  part  thereof.     The  head  cares  for  the  body,  fo  doth  the  King 
for  his  people  ■,  as  the  difcourfe  and  direction  flows  from  tht  head,  and 
the  execution  accordingly  thereunto  belongs  to  the  reft  of  the  (^Members,  every  one  accor- 
ding to  their  Office,  &c.   Even  fo  is  it  betwixt  the  Prince  and  his  People  j  and  as  there 
is  ever  hope  of  curing  any  deeeafed  Member  by  the  direction  of  the  head  as  long  as  it  is 
whole  -,  but  by  the  contrary  if  it  be  troubled,  all  the  Members  are   partakers  of  that  pain, 
fo  is  it  between  the  Prince  and  his  People  :    So  that  King. 

Et  ficut  in  naturali  corptre,  ut  die  it  Philofophns,  cor  eft  pritrmm  vivens,  habtns  in 
fe  fanguinem,  quern  emit  tit  in  omnia  ejus  membra,  unde  ilia  vegetantnr  &  vi- 
vunt :  Jic  in  corpore  politico,  intent io  populi  primnm  vividum  eft,  habens  in  fe 
fanguinem,  videlicet  provifionem  politicam  utilitatis  populi  iSius,  ejuamin  caput 
<$•  in  omnia  membra  ejusdem  corporis,  ipfa  transmittit,  quo  corpus  iliud  alitur 
&  vegftatur. 

Still  the  Chancellour  followes  the  Parallel  according  to  the  politic n  of  ^nf^of/*, 

making  the  head,  though  the  fifft  in  place  and  dignity ;  yet,  notfoin  the  order  of  na-  ub.^.nfn.r» 

ture.     For  notwithftanding  that  Gaffendus  tells  us  of  fome  that  held  the  head  was  firft  Gener.  Animal; 

generated -,Phavorinus  is/or  the  Liver  firft,ihe  heart  next,and  the  brain  after, Gaffeudns  ^7|«eifenn:» 

refolres  nothingperemptorily,that  it  is,he  knows,but  the  order  he  is  not  pofitive  in- but  nominis,  tw™ 

the  Philofopher  is  thorow  paced,  that  the  heart  is  the  firft  and  laft  of  life  in  man,  and  his  £J"*'"J"nJ* 

f  eafon  is,  becaufe  the  life  of  every  thing  is  in  the  blood,  and  the  blood  in  the  veins,  and  Ge»e*.  Animal. 

the  heart  being  ty  txigav *.(■#,  the  Principle  of  the  veins  1  x)  wetot  ¥/i~  dSt'iawr ,  and  the  w-  De«.efpir. 

lard  of  the  fenfes.    The  heart  from  which  the  aftivity  of  life  flows,  muft  according  to  I'J.Y  v.  4.  do 

him  be  the  firft  and  laft :  but  the  difpute  of  this  will  be  needlefs,  all  that  is  alleadged  part.  Animal, 
by  it,  is,  that  the  life  and  vigour  of  the  head  is  by  the  afllftance  of  the  heart.  As  in  the 
body-naturall,  fo  politique,  head  and  heart  muft  go  together  to  make  regular  and  no- 
ble life  in  both,    and  as  the  head  will  be  dull  and  ina&ive  without  the  hearty  fothe 
beart  faint  and  overwhelmed  without  the  distribution  of  its  felf  by  the  head  into  other 

Members : 


\$6  A  Commentary  upon  Fortescue." 

Members :    fo,  that  though  the  fimilitude  m?.y  in  mod  thing)  ho 

tgid  pufi*>  ttttrtr*myt>    Trinc.fHm  ti.       Un(.       yet  IS   there  fotticwliat  of  DludcnCC  tO  be  uk'd    111    !  I:l"    «  Ol 

j!a ■i^Td'' t» '  j.«» mMrww.  v"  A-  dimcilt  «  whats. truch  iniC-  *or  thou8h  tl,ls  tllat  our  1  eXl- 
f,m-»ttm+  ugn  fanicifuu  eft.  fmih/itma  Rafter  calls  Intentio  populi,  may  ex  natm*  fua  be  the  external! 
>;.^,,^  co»truvi»ptaft,c.<1UAft,<,.    Rife  of  powcr .  yw  M  ^  ^^  mohHqdes  may  transit** 

'  •  it,  anil  having  transferred  it  accord.ng  to  the  Law  of  nature  foe 

Beoionius  ■»  rf*i. »«.  quid.  4.  /•"/•/•  JDC  improvement  of  order  and  civil  convenience,  it  becomes  by 
M' J**"  humane  LawesandCuftonis  recognized  and  irrevocably  fixed,  and 

*  ^i  fitrnfic**!**  m.  4ti„,*u*i  mt*m  as  the  power  isof  God,  fo  the  cxercife  of  it  is  by  and  under  God 
T.,t,fl>,?1m  aIimu  *fi  Dminm  Qu*ft.  1.  onciy  ;  and  Kings  that  ufc  it  are  not  accountable  to  {Popes  zs  Ben- 
>•*•  zmns  will  have  the  Ceremony  of  an  Emperours  recevir.g  the 

fword  from  the  Altar  to  import,  *  7k  be  Jhculd  ufe  it  at  the  pica-- 
Jg£&ZS£^V£  ^eofthe  V0?C«LcrJ»ftbe  Altar  ,»nder  the  foment  of  defav*- 
it,  ,tr,i  «»  T^t,,  j«i  i»f4u\f»m»  tjfem  tion :  no  nor  to  people  m  the  greateit  repi  clentattve  and  moft 
mMttfu,  «a  Mm»uh,*f,d  v™'^**  auguft  fenfe  of  them:,  )  for  ftill  they  being  but  Subjects  arc 
synug'  j™,  »m""" '»."<.  '.  °e°  f.  x*  Judges  of  their  betters,  nor  can  make  the  (Law  but  muft  be  fubjeft 
Tit.n.  to  it,  as  legally  imprefled  by  the  King  to  be  the  rule  of  all  acti- 

ons.   For  though  true  it  may  be  akowed  to  be,  that  the  particular 
forms  of  Government -were  of  old,  and  in  the  firft  times  by  God  indulged  men  to 
order  as  they  faw  moft  convenient,  yet  did  God  in  the  Law  of  nature  (hisminde 
made  known  to  mankinde  )  promulge  Government  to  befafeft  in  the  beft  men  who 
ihiio  u.  i>e     were  appointed  thereto,and  who  from  being  in  perfon  and  mindc  excel!cnr,and  of  great 
creationc  Tiia-  deferts  from  the  Community  they  governed. {had  the  Government  by  general  Stiff  rage 
cipis/.  7u.         fettlC(J  Upon  them  and  their  defendants,  the  credulity  of  the  people  probably  perfwa- 
ding  them  to  believe  their  ilTue  in  a  line  of  fucceffive  cndowments,would  rule  luitable 
to  thofe  their  excellent  Sires,  which  collation  of  power  by  the  aft  and  deed  of  thc^em- 
porary  PoflefTorsof  it  in  the  nameofthemfelves  and  their  Succeffors  recognized  by 
theafts  of  fucceeding  generations,  makes  the  head  abfolute,  and  the  intention  of  the 
people  but  pi  ecary  to  the  head's  ratification.    For  the  head  once  placed,  and  furnifh- 
ed  with  perqnifites  to  its  proportion  ;  the  intention  of  the  people  is  no  efficient  caufe  of 
Satrammium  fiat  liberty  ,ai  the  Church  of  Rome  makes  the  intention  of  the  Priefi  of  the  Ejjence  cftheSacra- 
7o?'tZfi<Z7/'1  mtnt  i  ^ut  declares  them  to  have  had  thoughts  of  publick  good  in  their  confent  of  fettle  - 
BeMarminus '  a.  ment  ef  Government  on  one.to  prevent  many  Compctitours,and  in  a  line  of defcent  to' 
rc.s.Dejufiific.  anticipate  uncertainty ;  yea  and  may  be  well  thought  to  produce  kinde  intercourfesof 
friendlynefs  between  King  and  people,  the  King  being  civilly  (with  reverence  [  write 
it)  obliged  to  let  them  be  free  from  the  edg  and  fanguinary  (harpnefTe  of  his  power 
who  had  both  prefented  him  the  fword  of  his  rale  and  fharpened  it  by  an  edge  put  on 
it  by  themfelves-,  and  by  which  they  are  outcd  of  all  claim  to  rcaffumption,  power 
of  repulfing,  or  judgement  of  mal-adminiftration. 

This  then,that  is  here  called  politicaprovi(lo,\9  not  referrabfe  to  any  terms  or  compact: 
antecedaneous  as  fomemay  fuppofe  -,  but  the  fecurity  which  Kings  do  give  to  God  and 
their  people  by  ttheir  Coronation  Oath,  which  having  refpeft  to  the  national  Lawes  as 
extrafts  from  the  Law  of  Nature  and  Nations,  requires  that  princes  exalt  juftice  as  the 
reafdn  of  their  Infti  union  and  dignification^hat  as  theSubjefts  muft  obey  in  and  for  the 
Lord,  fo  the  King  fliould  command  according  to  and  in  the  Lord,that  is,  things  j'uft  and 
lawfully  of  which  though  he  be  the  onely  Judge  on  earth,  that  is,   by  matter  of  Re- 
cord and  in  his  judicial  Courts .-  yet  is  the  Judgement  of  God  fuperjour  to  it,  which 
Lib.  oe  Crewis-  *1  way es  is  according  to  truth.     The  Confederation  ofwhiclwhas  foftned  Princes  as  I 
nc  ipiincipis,/-.     faid  before,  to  take  fia.viMn.UM  oAr  t&J  /uvnr,  &c.  as  P bile's  words  are,  The\  n/Jy 
7'5,  middle  way  between  both  extremes  ■,    and  to  reafon  and  refolve  with  themfelves  as 

Mofes  brings  in  the  King  he  inftruftsin  the  Law  to  this  purpofe,  'o,  ji'ZrJmi  Cua-i- 
*m«,&c.  When  other  Kinf^s  ufe  their  Scepter t  for  terrour  making  their  wills  the  Z<»w, 
this  Direlierj  from  the  Law  fi*U  be  mj  WW  \  in  this  Diadem  I\\>iU  rrj/jce,  this  fall 
m*kt  me  viBorious  and  virtuous,  a  follower  of  the  great  fufiuer  tf  Heaven  ;  Bj  this 
V  I  fbah  learn  the  Rule  of  equality  bj  which  Ifialllejep  mj  felf  from  pride  and  infolence, 

Vfhich  God  reftfts  ,  and  bj  this  jball  I  procure  the  love,  prayers,  and  fidelities  tf  my  peo- 
ple, and  by  this  Jball  I  fitto  my  felf  a  Conformift  to  the  divine  Law,  which  enjoiites  the 
mean  as  that  which  is  equally  diftant  from  both  extremes,  thus  f  We.    For  as  Phil*  fay*,' 

Tbiug 


A  Commentary  upon  Fortes  cue.  zpy 


but  that  their  underlings  are  happy  for  the  moft  part  under  them,  God  retraining  the 
nature  of  men  in  power,  and  giving  fome  qualities  to  Perfons  under  power  to  be  come 
c  rations  with  power,  and  fo  to  mollifie  and  incline  it  tOgoodnefle  :  fo  it  is  in  Princes, 
though  they  can  do  by  the  heigth  of  their  power  what  they  pleafe,  yet  they  confider- 
inc  themfelves  Parents  and  Husbands  to  their  People,  treat  them  with  all  kindne'fs 
andconfeience,  as  parts  and  Members  of  their  myfttcall  body ;  and  Co  the  power  and 
vitality  that  they  have  by  the  Law  to  which  their  peoples  aflent  is  given,    enables  them  * 

to  be  what  Princes  ought  to  be,  juft  and  mercifull.     And  therefo/e  what  the  Philofo-  'e„  r£  ^ 
nher  obiervesconcernir.g  the  pofition  of  the  heart  in  mans  body  ,  wherein  pnely  it  in-  rsf  M    ^ov 
c'-ineito  the  left  fide,  whereas  in  all  other  Creatures  it  is  placed  in  the  middle,  that  I  ^fM}  &c. 
ppplv  to  Kings,  the  hearts  as  well  as  head  of  Common- wealths;  becanfe  the  living  Laws,  Ariftot.  Hift.  a- 
as  they  are  to  have  juftice  on  the  right-  fide,  fo  mercy  the  affeftions  of  tender-hearted-  niinat-'*1-  '-'7* 
nefs  on  the  left-fide,  that  they  may  as -well  know  how  to  indulge  their  peoples  free- 
dom   as  to  beigthen  their  own  Prerogative;  and  then  there  will  be  a  pleafing  and  or- 
derly Grculation,   no  part  of  the  body  will  confume  by  the  aggrandixation  -of  the  o- 
ther    but  all  motions  will  be  orderly.and  a  juft  diftribution  be  to  all  parts  i    and  this 
the  Text-Mafter calls artlyly, by alitar & vegetatar. 

Lex  virofub  qn.i  situs  hominum  popttlus  ffficitar  nerverttm}c:rp0rif  pkyfici  tenet  ratio*. 
nem. 

AshchadrefembledtheKingtothe-Head,  and  the  intention  of  the  People  to  the 
Heart :  fo  now  he  docs  the  Laws  to  the  Nerves,  which  are  a  part  of  the  Body  near  al- 
Ked  to  the  Heart,  as  partaking  of  the  ftrength  that  it  enables  it 

with  to  all  purpofes  of  aftivity  and  motion  ,  and  generally 'tis  held    »<**»*«#»£  rinU  'kiv  U  rnj 
to  be  commaterial  with  the  bones.and  arifing  from  the  fame  origin    m?^i .  Hift.Animal.  l.$.c.  J. 
therewith.    Por  though  Nerves  receive  no  fpi  its  as  Arteries  do,     L  b.2.  Gener.  Animal,  c.  6. 
yet  are  they  extendable,  which  Arteries  are  not :    therefore  be.     mSw  y*?  Jltfuiv  vrpivfuiW- » 
caufe  the  motion  of  the  fpirits,  isaccording  to  the  convulfion  and    apnelx.  Lib.  De  Spiritu,  <r.  j. 
diftentton  of  the  Nerves,  it  makes  good,  that  the  nerves*  are  of    T  ifcwdo* /**•*. 
creat  confequencc  to  the  vigour  and  manly  performance  of  any 
aftionof  life  ;  yea,  the  later  Anatomists,  that  make  the  nerves  to  arife  from  the  brain, 
do  no:  thereby  leffen  the  vigour  and  confequence  of  the  nerves.    Hence  is  it,  that  in 
Authours  the  nerves  are  counted  the  compago  corporis,  that  keeps  and  girds  all  together. 
So  ^nintiliitn  tcWsMSoi Aftringiofja/rtisnervu  debent;    and  Tally  in   thofe  words ,  In pro0cmio.w. 
Nervis  &  ofsibus  dii  non  continents  .intends  to  attribute  to  the  nerves  much  of  ftrength,  mi. 
as  well  as  to  the  bones.  Yea,  as  jtne  nervis  ejfe  is  a  phrafe  for  debility  ,  fo  to  be  nervous,  Ju^"; deo' 
is  taken  to  be  valid  and  ftrong  ;  fo  Souldiers,  Navies,  and  Tributes  tofupport  them,are  t™/^  .Manila 
called  N'rvi  Reipnb.  by  Tnlly,  and  Fr anger e  nervos  c*  mentis  <£•  corporis,is  by  S^Un-  n'!'?' s' 
tilian  exprefled  to  undo  a  man's  felf.    By  which  and  fuch  like  inftances  it  appears,  that 
the  nerves  are  of  the  ftrength  of  the  body,  and  fo  are  Laws  the  ftrength  of  Polities. 
Take  them  away,and  multitudes  of  men  are  mimcms,  nm  papains  ;  for  'tis  the  Law  than 
brings  the  plebs  and  ratblt-rout  into  order,  and  entitles  them  to  the  honour  of  being  a 
people,    for  Lex  a  Uganda,  becaufe  as  the  Iron  Band,  which  the  Antient  call'd  a 
Nerve,  kept  the  prifoner  to  the  punifhment  he  was  adjudged  to  ■  (o  the  Law  binds  c- 
very  man  to  the  peace  and  to  confift  in  his  ftation :  its  that  which  direfts,proteds,com- 
■  penfatech^fcertains  every  man  and  thing.     And  therefore,  though  it  may  be  extended 
and  made'tofervocvery  ingenuous  and  politique  purpofe;  yet  take  heed  men  muft  of 
abufingtfleLaw,  leaft  it  be  a  fwift  witnefs  agamic  them,   Et  me-       i&.jur. 
rit «  inris  beneRcinm  amittit,  qni  contra  ins  alijmd  voltnter  &  via-     c/'"»»> «  "»»''  «?«"  «■"*'  •  .-V"™**™} 

Tuny.it'  ""•  Ir  r  i       j~>i  H  I  I         ~_  J       tmnmhitmii'it.A- caput  &  Kumbnjunt,  ir 

lenter  facit.     And  therefore  die  Chancellour  hjs  aptly  compared  ^iam  „,,,  fi:,,M  ^  „%;(n(Mr ,  vei,a 

the  Law  to  Nerves  ■  for  as  Nerves  are  of  the  ftrength  olthenatu-  »<m.  ^am  mtmirafmguia  move»t*r>  &■ 

ralbody,fo  are  Laws  ofthe  politique  body,  «s  nerves  are  conne-  ZSSZZST&2S& 

rted  with  the  heart  or  brain ,  fo  are  Laws  the  fruits  of  the  love,  and  tum  c<>rp*>  i>$Ktdmw,£t  ttiaajn  tnftriH* 
wifdom  of  Princes  and  their  wife  Counfel  ■,  as  nerves  are  ad  juments 

O  o  to 


ip8  A  Commentary  upon  Fortes  cue. 

to  corporal  activity,  fo  are  Laws  the  hinges  on  which  pol.tique  bo- 
vm  i  U-  d.fj»f<t»  c*fit>  roimr  injicUmm  faa  aft  and  move.to  what  they  wifely  &  worthily  incline  to ;yea  all 
(uWamptrmt*. &  n*m  >j»>  f'l'i"'-  .  tfe  progrcfs  and  augmentation  that  vinue  hath,  is  from  the  Laws : 
Syntag.Juiis,  M.i  .cz^r/.j.  fo  faith  the  Text ,  J(f  «f  /><t  »f  rz/w  compago  carports  Joltdatur,  &  c. 

Et  ttt  non  poteft  caput  corporis  phjfici  ,ntrvos fuos  commutare,  neque  membris  fuis  pro- 
trios  vires  &  propria  fanguinis  aliment  a  denegare,  nee  Rex  qui  caput  ce>  ports  po- 
litici  eft,  mature  poteft  leges  corporis  ikius,  nee  ejufdem  popult  fubftantias  proprias 
fubtrahere,  reclamanttbus  eis  tut  invitis. 

Here  the  Chanccllour  proceeds  to  aflimilate  the  King  to  the  head  of  man,  as  before 

in  what  the  headcoald  •,  fo  now  in  what  it  cannot,  qtik  luch,do  :  For  as  in  the  AptUgut 

of  Mencnius  Agrippa,  wherein  the  members  of  the  body  coufpired  againft  the   belly, 

zomr.AnnaL     till  »t  laft  they  were  all  by  the  bellies  eraptinefs  debilitated,    and   not  able  to  do  their 

T*m.i.f.n.       proper  offices ;  foin  the  practice  of  experienced  things  it  is  feen,  ihac  where  theSub.- 

jefts  rebellioufly  rife  againft  their  Soveraign,aH  is  going  to  mine.    To  prevent  which, 

the  fafeft  way  is  to  keep  within  the  line  and  tether  of  the  Law,  which  is  the  wife  Arbiter 

under  God  of  all  things  that  come  under  qucftion  :  God  has  placed  the  head  over  the 

body,  but  it  is  to  aft  according  to  the  Law  of  its  nature,fof  the  good  of  the  body.   The 

head.while  found,  will  part  with  no  member  willingly,  command  no  member  contrary 

to  the  Law.and  order  of  its  pofition.     Hitherto  [bait  then  go,  and  no  further,  isfaidto 

the  Head  as  well  as  to  the  Waves  •,  and  fo  is  it  in  the  Body  myftical,  the  Prince  is  the 

Head,  foU  deo  minor  ■,  he  can  do  nothing,  but  what  he  juftly  and  legally  may  do,  be- 

^,s'v™p«',t  caufc  bc  is  a  facner  of  compafiion.and  a  husband  of  dearnefs,  as  well  as  a  Head  of Sove- 

/£un«j  fius  ,$■    raignty  -,  and  all  thefe  importing  inteseft  and  tendernefs,  fix  the  non  poteft  (againft  all 

t <r  u^em.  i  r  ,.  contra(Jiaion$  to  thefe  )  beyond ,  emove.    See  the  Notes  on  the  9^  Chapter-concern- 

«ol.  1 1.  statute  9.  t  r ,.     '         c 

r.  1.  c.  x.         ing  what  s  pertinent  to  tbis  purpole. 

Sir  £d.C»kj  In- 

Habes  ex  hoc  jam  PrinCeps,  inftituti  emnis  politici  Regni  for  mam  ,  ex  qua  mttiripote- 
ris,  pttehatem  quam  Rex  ejus  in  leges  ifjius,  autfubditos  valeat  exercere. 

In  this  our  Chancellour  makes  a  conclufion  from  the  precedent  matter,  to  wit,  that 
politique  Governments,   werebypruder.ee  contrived  to  refptft  publique  good,  and 
general  convenience  ■,  and  that  as  people  intended  to  reverence ,  obey,  and  fuurc  their 
Princes,  as  Defender  of  the  Government,and  Laws  of  his  Government  •  fo  Princes  in- 
tended and  looked  upon  themfelves  bound  thofe  to  defend  and  againft  them  in  any  or- 
dinary cafe  not  to  rule.  For  that  the  King  has  power  of  his  Laws,  and  of  his  Subjefts,  is 
raoft  true  •,  but  the  line  and  proportion  of  his  fo  exercifing  this  power  on  either,  is  laid 
VmUni  irfo.fi  out  by  theLaw  of  his  Government,  to  the  obfervation  whereof  he  is  Pveligioufly 
"I'm  '&Z'Zmfc  ^worn-  And  therefore  when  in  (4)  3  4  H.  6.  the  King  did  make  another  Sheriff  in  Lincoln- 
«c7,mm*da.r'e,      flirt,  then  he  that  was  chofen  according  to  Statute,  our  Chancellour ,  and  his  Brother 
hmd  *uitr  *t<pt  chief- f* Slice, \n  the  namcof  the  Judges,(i\d,that  the  King  didan  erreur.Yor  fince  every 
m1r'"'J"v^i'  rational  aftion  tends  to  fome  end,  and  is  fo  concerned  to  aft,   as  tends  to  the  fcope  of 
umpe/iaiei  fi  «-  its  intention  -y   the  defires  of  people  confented  toby  Princes  in  favour  to  Laws,  as  the 
"7uV.i£v"]u-  method  of  adminiftring  power,  are  of  the  very  being  of  the  peoples  felicity  and  com- 
rif?  tt.4.7%.j.  fort :  for  in  the  Statute  of  25  H.  8.  c.  21.  thefe  words  are,     That  thu  your  Graces 
x>elctatamaa'  Realm  recognizing  no  Superiour  under  God,  but  onelj  jour  Grace ,  hath  been,  and  is  free 
f«)inflit.  f.     from fubjetliontoavj  man  s  Laws,  but onelj  to fuch as  have  beendevifed,  made,  andor- 
55».  dainedwithin  this  Realm  for  the  wealth  of  the  fame,  or  to  fuch  other  as  bj   fuferan:e  of 

jour  Grace,  and  jour  Progenitors,  the  People  ofthijjtur  Realm  have  taken  at  their  free  li- 
ber tj,bj  their  own  cenfent,  to  be  ufed  amongft  them,  and  have  bound  themfelves  bj  long  ufe 
andcuftom  to  the  obfervance  of  the  fame.  Which  Princes  confidering,do  not  endeavour  by 
Pi  h  ;•*  anyrncans  co  anticipate,  defeat.  Or  impair,  by  either  ufing  their  Power  and  Preroga- 
pe profeft.  'vit-  tlve>  as  Anareharfts  faid  the  Grielts  did  their  money,  ietU  iJi»  t^f at »  -nati^tit,  one- 
tmis.  f.  7%Mi.  Ij  to  count  it,  and  make  themfelves  great  bj  it  ■,  but  to  fhew  themfelves  willing  and  able 
PM,f-  to  promote  their  Subjefts  goods,  and  to  proteft  them  in  their  honeft  and  juft  endea- 

vours- which  Stverus  dying,  afferted  himfclf  to  have  done  worthily  5  in  turbatam 
Rempabl.  ubique  accept,  &c.     /  did  (  quoth  he  )  twttr  en  my  Government,  when  it  Was 

diJturb'J 


^Commentary  u^Gn  Fortescue.  199 

difiurb'dandin  ctnfufcn,  and  I  now  leave  it  fctled  at  heme  and  quiet,  even  in  Brittain    SfWi*a**ia 
though  I  am  old'and  lame,  incapable  of  aBitn  ;  ]tt  the  fame  of  what  J  have  done,  fiaB  pre-  lemo- 
ferve  mj Empire  firm  torn]  Succeffours, if 'the]  be good;  but  if  the]  be  diffolnteandne<rli- 
tent, then  the]  will  fndit  net  lafting  to  thtm  :  for  the]  who  found  the  benefit  if  my  care  and 
lircumffeB  Government,  wiBjtohcn  thejfee  mj  Sucajfours  nftfuch,  be  defi>  ous  to  change, 
is  hofe  to  find  fuch  a  Governor  as  I  was,  who  made  it  wholl]  mj  depgn  to  have  while  I  lived, 
and  leave  when  I  departed,  a  happ]  People.    Which  neVer  can  be  done,  unlefs  Laws  be 
confidercd.a?  TuB]  delivers  ihera  ■,  Not  cnely  as  the  Decrees  of  Prin- 
ces-   not  as  the  Injunctions  (f  People;  not  as  the  Judgments  cf  the     ^C"  nKl"»m  i»f",  m>n  pmuipiim  iecrais 
judges  s  but  alfoas  part  of  the  Law  of  Nature,  and  the  wifdomof    ZiTtttffSdZtt 
Godconvtjtdto  them  by  the  experience  of  wife  men  in  all  times  and    finuniu*,  u^m  «?«  ktnumm  „,g„mt 
places,  whofiirredb]  an  e xtraor dinar]  fpirit,  framed  them  to  the     t£Sd^l  ~ZZ  *****&&* 

•  r     r        I  1     -       j-  A      J-t't        r  L  J'  J       '°r»mJ"t  *""'•"»  1"'di*m  ,  quad  umvtr- 

purpefc  of order  and  civtltt].     And  it  thus  Laws  be  venerated,  and  fun  immdumTtgertt,,  mp„Mdi  pnhtbmdi- 

Law-  makers  provide,  that  Laws  be  not  fo  many  in  number,as  good  i"fapiemu,ub.i.  dc  Legibus. 
in  nature-   not  dark  and  myfterious,  but  plain  and  perfpicuous  • 

nor  (harp  ar.d  vexatious,  but  juft  and  prudent :  then  will  they  de-  Ho?perus' De  verJutifp-  '***'>' 

ferve  to  be  the  meafure  of  power,  and  no  Prince  will  defire  to  rule  Pr£t„  ^^  reiitrt  dicitur<  „iam  CKm 

other  then  by  thtm,  who  will  defervc  the  name  of  good  and  wife,  mupt&mm.  relatione  f  nun  f*a*.  nmu 

And  other  then  fuch,  r.o  Prince  as  fuch  duly  confidered,  ought  to  ^H««Tri»r/,a,,  fd*d,u»dquot 

bethought,  btcaule  he  being  Gods  Vicar,  ispreiumed  tobejufl  Deotig.juhs,/.6i.ipauio,/>i.i4.*isa- 

as  ms  principal  is,  and  as  the  mortal  Reprefentative  of  the  lm-  binutn'  .  , 

mortal  God  he  ought  to  appear  accomplifhed.  .  , 

Ad  ttettlam  namejtie  ligisfnbdittrnm,  ac  eerum  corporum  &  bettor  um ,  Rex  hitjusmodi 
ere  tins  eft  ,&  adhanc,  pete  slat  cm  a  popnlo  effhxam  ipfehabet. 

This  paflage  has  primarily  regard  to  the  firfi  Agcs,and  to  the  contextures  of  politick  * 

Governments  in  them  -,   in  the  language  whereof,   as  our  Text- V after,  fo  his  humble 
Commentator  fometimes  phrafes  things  the  better  to  fet  forth  the  lufti e  and  fcope  of 
this  Argument  which  here  eonfiders,  i.  The  perfon  of  the  Magiftrate  by  his  name  Rex,  %dZt?c.JZ"x. 
by  his  dignity  and  confpicuity  eretlus,viHch  is  a  term  of  magnification,  joyncd  in  TuBy  '*»«■•.  U.it'»l 
viahCelfMs, Liber, Magnus, which  furely  was  typified  in  Saul, who  is  faid  to  be  higher  by  "ri'27*- 
the  head  and  (houldcrs  then  all  the  people.not  onely~corporalIy,buc 

officially.2.By  tlie  end  of  his  title  and  advancement,that's  faid  to  be     tmiu.jm  &  pttjt*,  in  c*pitt  utm  «m/?>- 
'  ad  f/rrrWKings  are  not  onely  honours  and  ornamentshut  Fathers     ?**  r"i  'Hm/um  """  V"  Kr  """"t* 
and  Defenders,  in  U)  Varros  woras,T*teu  &fepta,a.nd  the  people     Tucoiis. 
do  as  TuBj  exprefles  it,  latere  intutcla  ac  prafidio  regis.^.  By  what     ^  ubl-ve  Ruflic.  ^.14. 
is  the  fub  jeft  matter  of  this  their  beneficence  to  the  publique  ■,  tutela  eerii  ctrporu  honor  h 
legis  fubditor it, not  only  of  theLaw  as  the  rule, and  of  the  fubjefts,as  the  perfons  to  be  ru- 
led by  it,  which  is  a  truth  ■  but  legis  fubditorumfo  conjoyn'd,  and  fo  fpecified,  pointing 
to  them  as  the  antiqueenf  in  of  the  forms  of  power,an4  as  they  are  the  perfons  that  do  af- 
lift  the  King  in  the  carrying  on  thecffeftuality  of  power.wherupon 

theText  fays,a  populo  iffluxavi  habet^d  then  laftly  the  modus  in  ejuot  v>  'mmf»icujupnc*rui,  TttipnU.  *ia- 
this  tuition  of  the  f  aw  &  Subjects  appears,'tis  in  keeping  the  peace  '•"»»•«■'«""■  v  «««"/"  f*»>  ""•*d": 
and  punilhing  the  breach  ofit  In  the  harm  of  their  perfons  &  goods,    fic.i-.i. 

the  felony  of  wLith  is  centra  ceronam  &  difnitatem  domini  regis.     In""n  ^«>««-»'p«»«xm  cmfinaur. 
1  Iiefc  things  are  confiderable  in  theText;but  fecaufe  1  have  treated     iZr'ZZlZ^''™^'^' 
of  the  feveralties  of  thtm  heretofore,  I  Ihall  oncly  vindicateour     i'*.;.in.ji«.i.t.s. 
Chancellour  from  any  intendment  here  to  approve  popular  Govern- 
ments or  the  mfolencies  of  them,wchGod  wot  he  knew  the  ill  erTeds     TlutiUh '" Laconic-  Apothejait./.  117. 
of,  in  the  carriage  of  the  people  to  Ljcurgus,  and  others ;  but  to  do  right  to  the  truth 
of.  Antiquity,and  to  make  the  wife  compofition  of  Politique  with  Regal  Government, 
not  favour  of  arrogance ,   or  encroach  upon  the  due  Majefty  and  anguft  Soveraign- 
tyofGod  in  the  truft  of  his  Deputies  JT*»jj.r.  Lor  though  the  Laws  fhould  be  granted 
to  be  leges  fubditorum  ■,   yet  is  it  not  in  any  fenfe  as  if  they  were  makers  of  them  ,  or 
might  difputc  them  witluheir  Prince,  other  then  in  his  Courts-,   or  by  a  fupplicate 
celfttudini  on  their  knees.  No  fuch  authority  gives  the  Laws  of  God  or  men.  No  fuch 
mifUtkeisintheCharxellour,  or  would  I  after  him  be  for  all  the  World  guilty  of  ( for1 

O  0  2  lo 


200      A  Commentary  upon  Fortescue. 

fo  they  are  onely  the  Kings ,  (the  power  of  enadion  of  them  being  his,  as  he  gives  So- 
veraignly  Royal  life  to  them)  bai  legisfubditorum,  as  they  are  the  perfons ,  who  by 
their  Delegates  in  parliament  iffent  to  the  fitnefs  and  juftnefs  of  them,  anil  fo  are  ob- 
liged by  them  •,  yea,  and  fo  interefted  in  the  priviledge  and  fecurity  they  have  by 
i\tEd  c.<Pre- thein'  that  they  are  called  by  a  Mafter-Lawyer,  The  Birth-right,  and  the  mft  antient 
face  to  5  Rep.     «ndbeft  Inheritance  th*t  the  Subjects  of  this  Realm  have  ;  for  bj  them  he  wjojeth  not  one- 
jpaiu  hhis  inheritance  and  goods,  infeace  andquietnefs,  but  hn  life  and  mojt  dear  Countrcj  in 

Jafetj.  So  he.    And  fo  arc  the  Laws  called  leges  regis ,  not  onely  becaufe  he  is  the  Head 
of  them, and  the  Parent  and  Protedour  of  them  for  the  publiquc  intcreft,  in  which  his 
Paramount  intercft  is  couched  ;  but  alfo  becaufe  the  Sub  jeds  and  he  are  noctobedivi- 
»i  f4»j».  b.  ci-  ded.being  myftically  united  :    and  as  King  James  wifely  once  fpake  to  the  Parliament 
orejRep'/.io,  °f  1603.  U  What  God  hath  conjojnedjetnomanjeparate  ■,  lam  the  Husband,  and  alt  the. 
'  whole  JJle  is  mj  lawful  Wife  ;    I  am  the  Head,  and  it  is  mj  Body  ;  lam  the  Shet f  heard ■ 
%  oT4"n  h'S  *"* **  **  m1  Ftoc^  &c     Anfwerable  hereunto  alfo  is  the  Refolution  of  the  Judges  in 
»  Report!  °       the  Prince's  Cafe,  Chefcttnfubjctl  ad  intercft  en  I c  Roy ,   &  mldes  Subjects  ej' 'eft  d'eins 
fes  leyesfont  divide  de  lay  efteant  fen  tefie  &  Soveraign.     A  nd  therefore  the  Chancellour 
here  by  thefe  and  the  like  phrafes  of  poteftatcm  a  populo  efftuxam  ipfe  habct,  is  not  to  be 
underflood,as  applying  thefe  words  in  their  ftridnefs  to  the  Government  of  England 
which  is  an  Imperial  Crown,  and  is  not  alloyed  by  the  politique  admiffions  into  it  but 
n«.j.  ?.u.     that  it.as  to  the  integrals  and  cflentials  of  Regality,    retains  its  independency  :  but  as 
j  mftit.  »!♦/»  before  I  noted,  where  fuch  expreffions,  asdoqualifie  thetcrrour  and  fervour  of  Re- 
gality are  ufed,  jhey  are  with  relation  to  the  firii  Ages  of  the  World,  and  no  otherwifc 
applicable  to  this  Crown,  then  to  tefiifieitsconfent  to  fuch  provifions,    as  are  for  the 
-  quiet,honour,and  renown  of  it.  And  therefore  the  Law  of  England  being  formed  to 
take  in  thegood  of  all  Governments,  to  carry  on  the  Dignity  ot  the  Head  over,  and  the 
fecurity  of  the  Members  under  the  Head,  muft  needs  hence  be  evinced  a  moft  excellenc 
wife  and  worthy  Government,  both  in  order  to  King  and  People. 

J$*are  ut  pofiftlatieni  tn<e,  qua  certiorari  ctspis  tmde  hoc  provenity  quod  poteft  at  cs  re- 
gum  tamdivcrfimodc  variant  ur,  fMCcinllius  fatisfaciam.  Ferme  conjeftor,  quod 
diver fitat is  inftitutiennm  dignitatum  ittarum  quas  prop.ilavi,  pradiiiam  di/cre- 
fanttamfolnmrnodo  operant  ur,  front  ix  ratimis  difeurfu  tu  ex  pr ami jjls  peter  is 
exhaurire. 

This  the  Chancellour  adds,  to  fhew  whence ,  and  whereupon  he  enrred  the  dif- 
courfe  of  the  Originals  of  Government.     'Twasfirft  poftulatUni  Principis  fatisfacere 
the  Chancellour  knew  that  every  good  man  is  bound  to  ferve  his  Prince,*/r»'»;u  vtribus, 
%  inftit.  c.  6j.    jn  b0(jy  and  fnind^  Wuh  his  beft  accoutrements  of  both,  and  that  according  to  the  na- 
ture  of  bis  own  condition  and  the  legal  ncceflities  of  his  Prince.     Now  the  Prince  be- 
ing young  and  unfix'd,  ready  to  evaporate  his  refolution  with  the  next  humour  ofin- 
flability,  that  took  this  Youth  not  yet  radicated  and  well  principled  ,  his  Chancellour 
runs  out  into  this  Difcourfe  of  Governments,  that  he  might  upon  the  good  foundation 
of  univerfals  introdue'd,  make  this  particular  inftance  a  more  advantageous  Superflru- 
dure.     Lor  as  he  will  make  an  ill  Sea-man,    that  underflands  Onely  one  part  of  the 
Compafs,  or  how  onely  to  ufe  the  Compafs  to  one  Port ,  from  whence,  if  by  diftrefs 
of  Weather  he  be  diverted  ltcerage,  he's  loft,  becaufe  out  of  his  knowledge.    So  will 
be  be  but  an  ill  advifer,  who   does  not  underftand  how  to  diftinguifh  of  things  and 
men ,    and  from  them  to   deduce    his   inference.      The  premifes  confidcred   our 
Text-Mafter  next  makes  a  conceffion,  that  as  Democracies,  fo  Regalities  do  vary   in 
fome  lefs  confequent  appurtenances  to  them,  and  fuch  variations  he  afferts  not  onely  as 
contingent,  and  fo  the  ad  of  time  and  emergence  not  fore-feen  by  the  fir  ft  Designers 
for  of  fuch  nature  fome  of  thofe  differences  in  them  are-,  but  as  diver fitates  inftitmio- 
num  dignitatum  illamm.     No  doubt  but  the  Monarchies  of  prance  and  Spain  were  in 
imftrntoremjue    the  firft  Founders  abfolute,  as  thofe  of  Afia  now  are,  after  they  admitted  regulation 
™Z"S"J&  efPccially  the  Kingdom  of  France,  ( the  three  Eltates  and  Parliament,  wherein  were 
Mhwiuumfmam  inftituted,  to  fweetcn  the  rigour  of  the  Monarch,  and  to  preferve  a  fercnity  of  refri  - 
UfiTts''dZ'!i':'  8erat'on  aSamft tne  Solftice  ,  under  the  dired  piercing  line  of  abfolute  power.  )  No 
t*rr»f&  °ZT'  doubt,  I  fay,  but  fo  ic  inftitutionally  (in  a  good  fenfe)  was^hough  now  it  proves  other- 
other* 


A  Commentary  upon  Fortescue,  261 

wif-  Rut  £»pWwas  ever  a  Monarchy  fo  temperate,triat  the  Monarclis  in  it  have  ever  ***£**#*& 
gloryed  in  the  wn-pofitivitj  of  their  wills,  where  not  according  to,  and  in  affirmance  ot  }ammms  ^„*. 
the  Law.So  much  have  they  (the  more  bleffed  Princes  thcy)abhorred  the  pernicious  and  -?«-«  u">  *  i*  ■ 
aheifticalprefident,andprophancnefsofcheEmperour  Frederick^,  ?  who  ku[.,J$-  j£jSJS£ 
tleafcdwith  the  \renct\ans,told  thcm,that  to  profecttte  them, he  was  revived  to  ever  threw  aU  Dcver  Jutifp. 
«;w»f  /r»</  ^W4M  £**"•,  **<*  the  rigidnejfes  cfSeyetm's,whe  though  he  would  do  many  ex-  ™-  »• 
cellent  things,  yetexcufed  cruelty,  becaufe  his  prablice:   that  they  were  rather  of  Pro-  VhBlle0"'/''Ve" 
^«x  histemper,  whom  Vopifctu  calls,  Dignus  fortis  &  jufius,&.c.     A  good  Leader  to  "tTJSVmm 
War,  a  good  Cover nour  in  Peace,    an  Examfle  of  Order  and  admiration  in  both.     So  cmitUt»tu  ««•• 
i^wt  Aurelians,  s*f  Alexanders,  »ef  Antonines,  »«  Trajans,  wt  Claudius'.,,  are1™^™3™*; 
to  be  wifbtdfor,  becaufe  all  excellencies  of  them  fever  al,  have  been  united  in  manjf  of  cur  FUvius  Vopifc- 
Prince's,  who  have  been  ever J  way  furnifhed With  virtues  to  admiration;    Which  is  the  j,.z,i.  <£t  syib. 
p.efcript  that  Seneca  gives  Princes ,.  as  the   means  to  defcrve  the 

love  of  their  people,  and  to  obtain  the  fame  of  mod  heroick  Mor-    ?«*??  rt*.»  ^V"  fi**  %'<  T"to 
tals.     lor  though  in  the  Convulhons  and  Apoplexies  ot  tirne.wncn     Tm„s  j}alm  vMlil  mmmtri  „„■«««■. 
Allegeance  is  prevailed  againft  by  the  ill  habits  and  vitious  defile-     iib.i.Deciem.f.4. 
mencs  ot  faction  and  D.floyalty ,  Prince,  are  neccflitated  and  War-     ^t^xX^n^T*^ 
ranted  by  Prudence  and  Religion,  toufefeverity  ,  where  lenity  is     u,t.i.r«. 
defpifsd,  and  the  Laws  of  love  are  wholly  undervalued :  yet  gra-     gJ&jJSl*' '  B°°k'  '* tl%' 
ci.  .us  Kings  do  rather  choofe  methods  of  ealmnefs ,  then  thofe  that 

are  rigid  and  funeft  ■,    and  becaufe  rigid  Government  has  been     Thoioflanus  symag,  Juris  Civilis,  w.s. 
fum«rinc«  as  churlifti  phyfick,  necelTary.and  good  Princes  have  de-     <■  »"•  T»-  «• 
lighted  rather  co  be  loved  then  feared  ^    fuch   fweet   Princes  have 
thofe- rather  to  refign  their  Governments  then  be  truculent  and  fecure,  as  in  fuch  jun* 
ftures  or  affairs  they  mud  have  been.  Timolien  and  .fytf*  did,and  Auguftta  would  have 
done  it,  if  he  could.    Which  our  Chancellour  endeavouring  to  commend  the  example, 
and  perfwalion  of  a  juft  temper  to  the  Prince,proceeds  to  prefent  the  illuftration  of  the 
following  examples,   in  words  full  of  modefty  :  yet  having  an  affirmative  vehemence, 
firmeionjeUor,  fays  he,  as  not  pofitively  affirming  what  is  not  in  palpable  proof  (as  aU 
things  of  fo  remote  antiquity  are  not )  but  fairly  propofing  them  as  probable.and  offer- 
ing what  fober  reafon  may  be  averred   for  them,  and  leaving  the  belief  of  men  at 
liberty,  to  take  or  leave  as  they  fee  caufe. 

Sic  ndmque  Regnum  Angliar  tjttodex  Bruti  comitiva  Trojanorum,  qtiam  ex  Italiar  &, 
Graccorum  finibns  perduxit, '  in  dominium  ptliticnm  &  regale  prorupit. 

Here  he  particularizes  the  inftitution  of  Politique  mix'd  with  Regal ,    as  he  bad  be- 
fore of  Regal  Government  alone ;   and  the  firft  he  fets  upon,  is  this  of  England,  which 
hemakestobeKingdomedby  Brute,  as  King  fames  fince  hira  has  done.     Buchanan,  BaCIiconDwon 
a  learned,  though  violent  Scot,  has  mordacioufly  taunted  this  tradition,  making  Gjral-  »  Book,  />.i7j.' 
dtu  Cambrenjis  the  Author  of  it,  a  doter.delyrant,  and  1  know  not 

what-  yea  accufing  all  men  of  folly  that  believe  Brute,  other  then     $*<"»*  m*  tfljuitm*.  txiftimm  mapiifi- 
a  fiftion  :  but  Cambden  and  Leland  (  both  incomparable  Antiqua-    f^SbSulSSl^t  *" 
ries)asthey  donotcryupaftory  of  that  Antiquity  for  infallible,     eambdemn  Britannia. 
fo  do  thev  not  difparage  it  as  mendacious,  but  leave  it  to  be  belie-     LeUodm .» mdice «»»,  AOm.Atthmii. 

'    "  J  •        ?.        .  1.1^,1  r    ■   c    1     e     **  ™ccm  Britannia. 

ved  or  not,   as  men  pleafe,  though  they  themlelves  are  latished  of 

the  probability  of  u,  fo  does  Math.  Wcftminftcr •,  yea  furely,  E.J.     "£■  ""■ tmi*-  P  '♦• 

would  notbave  owned  the  ftory  as  matter  of  truth,    as  he  does  in 

his  Letter  10  Pope  Boniface,v/hkh  Knighton,  Canon  of  Leicester,  at     Knightop,;  *♦»*.*&  Lond.        • 

large  mentions,  had  fiot  it  been  a  received  ftOry,  and  not  to  here - 

pr#ach'd  for  fabulous.     I  fhall  then  take  the  {lory  of  Brute  for  more  then  a  bare  bruit, 

notwithstanding  Buchanan's  inveftive :  nor  fhall  1  hold  it  any  more  adifhonour  to  our 

Nation,to  have  Brute  the  firft  King  of  this  ifle.whom  they  fay  to  be    5»«-»Bf  &  4/,,  (frdtir  Herculcm;  «»/■/*»» 

of  no  legitimate  t9r»f«'»,then  if  he  were  otherwife,  fince  Brute  was    *****#>»  gtmtiM >t*vitma»pa,  hoh., 

not  the  firlt  nor  onely  Famofo   of  that  Race,  whole    Military     tt^S,imtrM,.&  «yffrAnhiua»jtii«i, 

bravery  has    enfranchizJd    and  redeem'd  all    their  alloys  into     iu*mmiui**mm**im*m  6-fyi/dtuHm- 

gemms  and  ornaments .  yea,  fo  long  as  the  Norman  mXiam    is    ^mZ^'^""''  LeUndl" '* Afr 

remembred,  tiiere  will  be  feme  abatement  to  the  difluftre  of  thera 

cv«n 


2©r  ^Commentary  upon  Fortescue. 

even  from  him  the  once  puiffant  Lord  of  tins  Nation  in  that  predicament. 

Brute  then  1  take  tobca7>e;.t>i  by  the  furcr  fide,  living  after  the  ckltru&ion  of 
Troy,  about  the. time  of  Ely  and  Samuel ,  who  when  his  father  had  trained 
up  in  Hunting  'and  therein  made  him  expert,  did  unfortunately,  mi!iakir.g  his  Father 
for  a  Beaft  he  ay  med  at ,  flay  him :  which  Parricide,  fo  contrary  to  the  Laws  of  Nature, 
the  people  of  Italy  relenting,  expulfed  him  thence.  He  thus  expofed  to  Ins  fhifts,  cafls 
about  with  himfelf  what  bed  and  molt  advifedly  he  was  to  do ;  neceflity  tempted  him 
to  adion,  and  refolution  defpifing  the  danger  of  any  attempt,  made  him  in  his  own  mind 
a  Viftor  before  an  Undertaker.  In  his  wander,  ( flraights  being  the  Womb  and  Sier 
of  all  defperate  Atchievmcnts  •,  which  though  at  firft  improbable  ,  yet  many  times 
on*Tne  tu?«-  navc  s'°"0us  events  (asin  the  cafe  of  the  Turkic  Empire ,  and  the  FranconUns  com- 
num.  minginto  France  )  having  no  direft  aym,  but  taking  the  belt  Road  he  thought  proper 

/> '^iviU;  Hift.     for  a  booty tw  Greece  he  comes,  and  there  meets  with  fome  trufty  Trojans,  mifcrable 
'"'" J*  and  difcontented  like  himfelf.     Them  in  fervitude  to  Pandrafsts  he  commiferates  i  and 

as  their  concerned  Countrey-man,  whofc  blood  boyled  with  difdain  to  ice  Trojans  of 
ftoutnefs  reduced  to  Vaffalage,  promifes  either  their  redemption,  or  his  own  mancipa- 
tion :  yet  he  wifely  concealed  his  regret,  and  fcrvedhis  maiculine  intendment  by  fuch 
filence,  as  gave  no  miftruft  to  Pandr a fus, or  in  any  degree  defeated  the  fcafibility  of  his 
intendment.  Finding  therefore,  that  Prowefsand  Martial  Activity  was  the  Darling 
of  Pandraftu  and  his  Pee rs,  he  prcfents  himfelf  the  Challenger  of  all  comers  to  thofe 
manly  Engagements^  wherein  he  deferved  to  be,  and  juftly  was  accounted  the  firft  of 
all  the  Toungjiers.  Being  thus  fortunated  to  a  Military  Grandeur ,he  looks  upon  Envy 
as  a  Foe  probable  enough  to  advance  her  fatal  Standard  againft  him  •,  and  knowing  that 
the  inviiible,  though  formidable  power  of  that  Tyrant,  as  to  others.fhe  had,  fo  to  him 
might  be,  the  ruine  and  marr  of  all  his  po  nihilities,  immures  himfelf  as  wife  and  fub  - 
tlely  as  he  might,  againft  her.  As  he  taught  his  Companions  valour  by  his  example 
and  order  by  his  Difcipline ,  fo  did  he  gradfic  their  merits  by  the  fpoil  of  his  Atchiev- 
ments,  endearing  himfelf  by  that  munificence  to  them,  that  they  were  but  eccho's  to 
his  voice,  and  vaflals  to  his  commands.  His  firft  Rendezvouz  was  in  Greece,  whither 
all  the  roving  Trojans  and  disbanded  Debauche's,  i  efort  to  him.  ( Afaracus  of  the  Race 
of  the  Trojans  living  in  Greece,  giving  entertainment  to  them  on  Brute's  account )  when 
in  a  Body  they  were,they  complement  Pandrafm  for  leave  to  march  through  his  Coun- 
trey  ^  but  with  refolution  to  force,  what  they  could  not  be  granted.  And  though  their 
pretence  was  to  return  to  Troj,  and  to  recover  their  Native  Land  ■,  yet  their  defign 
was  to  feize  on  whatever  their  power  could  mailer,  and  their  Luft  and  Avarice  be  fa- 
tiatedby.  Pandrafm  looking  upon  armed  intreaties,  but  as  modeft  Trcafons  and 
lilent  Threats,  anfwers  them  With  an  Army  well  appointed,  and  martially  comniffio- 
nated,  doubling  alfo  Guards  upon  the  prifoners,  whom  he  thought  confederate  with 
armed  Brute  and  his  Trojan  Hettors.  But  alas  Pandrafm  the  King  being  in  pofleflioa 
of  plenty,  was  becalmed  with  Luxury ;  and  Brute  being  indigent  and  watchful,  foon 
found  an  advantage  to  let  him  and  his  Army  into  their  hopes,  fuddainly  furprifes  the 
King  and  his  Army,  and  feizes  on  the  Town,  and  for  himfelf  fortifies  it,  loofing  his 
iroprifoned  Companions  from  the  fervitude  they  were  in,  and  enlarging  them  to  be 
Companions  in  his  profperity.  The  rcleafed  Trojans,  who  had  fmarted  under  Pan- 
irafm  his  feverity,  call  upon  2?r*r«  for  Jufticergainft  the  King  ^  but  Brute  knew  the 
meaning  of  thofe  clamours,  and  unwilling  to  violate  the  facred  perfon  of  Kings  or  to 
pull  down  vengeance  on  him  by  fo  facnlegious  a  fad,  thought  of  fome  expedient 
diverfive  of  their  clamour,  and  propitious  to  his  original  defign  of  acquisition  and  per- 
petuation. Thereupon  he  propofes  in  his  Council  of  War,  what  courfe  they  would 
advifehim  to  freer,  that  their  co-operation  being  in  the  Council,  the  confequence,  if 
evil,  fhould  not  be  onely  attributed  to  his  precipitance  and  ill  conduft  ,  but  to  that 
publique  fpirit  that  was  the  genius  to  it ,  and  to  that  Fate,  which  (as  regent)  commands 
CunderGod)  the  ifTue  of  adventures.  Amongftall  the  Sages  of  that  Senate,  none 
in  this  exigent,gave  fo  oracular  counfel,  none  foobftetricated  the  birth  of  the  expedient 
to  anfwer  both  Brute  and  his  Trojans  advantage,  and  King  Pandrafm  his  freedom  and 
reftoration  to  his  Cr»wn  ( thus  fraudulently  and  hoftilely  eviftcd  from  him )  but  old 
Mempri  fists  -,  who  being  of  great  experience  and  grave  courage,  gave  Bmte  and  his 
Companions  the  fwa/rve,  not  to  violently  cojne  near  the  intejneratc  perfon  of  the  King, 

whom 


A  Commentary  upon  Fortes  cue.  ze$ 

whom  the  Gods,  tutelar*  of  their  Vicars,  do  propitioufly  tender,  and  wfcofe  injuries 
they  return  in  violent  and  tragick  Vengeances  on  their  infolent  Annoyers ■,  but  in  as 
much  as  the  vigour  ot  his  youth  and  the  glory  of  his  minde  fufcitated  by  thofe  hopes 
that  are  feconds  to  brave  ^and  victorious  undertakings,  receive  no  content  beneath 
their  either  obtainments,  or  tbefameofmifcarrying  in  attempting  thofc  ufluultycs. 
His  counlel  is  that  Pandrajus  be  treated  with  for  the  Marriage  ot  his  Daughter  to 
Brute,  and  that  in  lieu  of  her  (  and  fupplyes  to  2?r»?f  and  hisTrojans  tranfportation) 
Pandrajus  be  releafed  and  reilorcd  to  his  Kingdom,  and  Brute  with  his  Lady  and 
armed  Company,  left  to  try  and  take  their  fortunes,  and  to  disburthen  Greece  both 
of  their  force  and  fears :  this  aswife  and  feafonable,  neither  beneath  the  fpirit  of  Vi- 
ctors, nor  infolent  beyond  the  proportion  of  thofe  that  were  under  Mortal  mutability, 
and  might  be  fhortly  where  King  Pandrafus  was,  had  the  univcrfal  Concurrence.  And 
according  to  it  King  Pandrafus  was  appointed  to  be  treated  with. 

Pandrafus  no  fooner  heares  of  it,  but  as  one  that  blcfled  the  Gods  who  had  given 
him  a  Daughter,  not  onely  able  to  redeem  her  Genitor  and  Nation,  but  worthy  to  be 
Wife  to  the  rifnag  Son  of  valour,  Brute,  accepts  the  offer,clofes  with  the  motion,  pro- 
mifcs  fupply  ot  (hipping  and  victuals  for  their  common  fupport,  and  gives  his  Daugh- 
ter Wile  to  Brute.  No  fooner  was  the  Marriage  over  but  Brute  importunes  dismifii- 
on,  and  Greece  as  eagerly  hearkens  to  it.  To  Sea  the  Trojans  fet,  and  refolved  they 
were  to  ftay  where  ever  they  fet  their  foot  -,  as  Exigence  brought  them  out  and  For- 
tune put  them  in,  fo  onely  force  fhould  compell  them  from  their  chance  where  ever  ic 
was.  Brute,  that  had  a  minde  congenius  (as  it  were)  with  fufiter,  is  faid  to  dream 
that  an  Ifland  he  fhould  ere  long  difcover  worthy  his  inhabitation,  and  fitted  for  tryal 
of  bis  Manhood  v  his  undaunted  courage  wifhed  for  nothing  more  then  to  fee  the 
place,  and  finde  the  Inhabitants  that  durlt  Oppofe  his  Landing.  Now  all  the  powers 
of  his  Soul  arc  become  defire  and  refolution^  and  as  one  agog  to  be  nibling  at  the  Prey, 
he  bids  his  Oares  che ar  np  and  pluck  vieoroufly,  that  the  fooner  they  may  difcover 
their  freedom  and  enjoyment,  and  bring  their  floats  to  the  forcfecn  fortunate  Ifland  *»GloRMtumm 
which  in  the  virion  he  had,  was  thus  reprefentedas  Lelaud  records  it. 

Brute  fub  occafu  Soils  trans  Gallica  regna 
Infula  in  Oceana  eft,  undique  tlaufa  man,  &c. 

Brute  on  the  Weft,  net  far  {rem  Prance  is  plac'd, 
An  Iflaudbj  the  Sea  on  all  fides  fae'd ;  • 
.Which  Gjants  did  inhabit  heretofore,  » 

Not*  have  abandoned  to  receive  thj  ftore  ; 
Make  to  it,  fir  'tts  thine,  and  dcom'd  to  be 
■  The  Royal  Throne  cfthj  Pofteritj. 
Though  Old  Troy  mind  is,  jet  heer  tis  ncty 
The  World  with  it  rrillfubjeft  be  to  jots. 

Upon  this  Brute  and  his  accomplices  were  more  then  ordinarily  animated  and  ufing  all 
endeavour  to  accelerate  their  recovery  of  this  Ifland  at  laft  effected  it,  and  finding 
none  in  Poflefiion  of  it,obtained  it  without  bloud  and  quietly  founded  a  Monarchy  in  it- 
which  the  Chancellour  calls  politique :  becaufe  though  probably  there  were  no  Lawes 
precedaneous  to  Brute,  fince  «o  people  in  it  when  he  came  to  it  -  yet  by  his  confent  to 
reward  theValour  and  fidelity  of  his  Companions  by  whofe  co-operation  with  him  he 
acquired  it :  'tis  probable  Lawes  were  made  both  touching  his  Regal  Prerogative  and 
their  civil  Security  in  life,  member,  goods  and  Lawes,  and  thus  according  to  this  ac- 
count, Dominium  politic um  &  rtgalc  frorutit. 

Sic  &  Scotia  <\n*  ei  quondam  ttt  dttcatus  obedivit,in  regnnm  crevit  politic *m  & 

resale.  l 


lirmi. 


Scot.'  nil*  ill*A 


Scotland  is  that  part  ot  Great- Brittain  which  hath  Irelandind  Englandon  one  part,  J-J  £*1* 

and  the  Sea  on  the  reft  of  it.     M.  Wtftminfter  wilt  have  it  called  WWbecaufe  it  tZtZrZZ 

was  a  Land,compounded  ot  Scott,  Pills  and  Irifb  ■  though  this  Tract  of  Land  had  much  %fi?*»  **-. 

••*■_...  -  YVclt. />.  joi.  « 

people  .*w.Chlifti.7t. 


204.       A  Commentary  upon  Fort  escue. 

Hift.  scot.  w.  4.   people  and  many  Governors  in  ic,  Jnfulanorum  duces  cum  pene  pari  dignitate  ejfmt,  rre 
'' "*  *'  Buchanan's  own  words,  all  in  Hubbub  one  againft  another  ■  yet  bad  it  no  complea;    - 

ut.  4./..  14.        formal  King  before  Fergtu  ;  which  Buchanan  conjtfturcs  was  about  the  time  of  Alex- 
ander t  Conqueft  of  Babjhn  about  5  30.  years  before  Chrijt.    Frt>m  this  Fergus  the 
whlte'ESTi'".  Kings  of  Scut  land  have  derived  thcmfelves,  and  he  coming  in  with  the  aid  of  the  Irifi, 
i«o7.m»i-  made,  himfelf  King  and  Lord  asweH  of  the  whole  Lan.i  as  of  the  whole  Inhabitants  within 

tyfcYttoLdZ  the  fame,  So  Scotland  has  continued  a  warlike  and  pailTant  Nation,  Goads  inourfdes 
t  "01.  o'^er! ' "  and  thorns  in  our  eyes,  between  whom  and  us  much  blood  hath  been  fhed  and  hoftility 
afted;   asinHoveden,  Matthew  Paris,  fValftngham,  and  latter  Hiftories  appear,  and 
till  they  were  reduced  to  be  Homagers  to  this  Crown,  which  perhaps  is  the  meaning  of 
our  Text's  at  ducat w  cbedivit,  we  could  not  be  quiet,  no  nor 
LH.t.&  «.  Hift.  Scot.  then  neither,  for  out  they  flew  upon  all  eccaiiens,  butftill  we 

,  ,  .   , !ta        „,,„<■„  t.  »  .  .     reduced  them  to  terms :    which  thourh  Buchanan  deny  againft  the 

(a)  Sctlm  Tii'is,  «c.  ij.»/«»r  Text.  F.  S.  .,  _  jri_  V        e  ■  i.-  i       l  n   i     °       i  .  . 

1  v  evident  Records  of  the  truth  of  it,  which  the  moft  learned  Mr. 

4  inf.it  «.  74.  (&)Selden  on  this  Test  has  to  my  hand  produced,  yet  fure  it  is.,  that 

(k)  Knighton  in.  %.  De  Eventib.  Angi.     Scotland  was  for  many  years  and  many  Kings  Reigns  held  of  this 
iitmntonp'  "«:         ""  Crown,  and  the  Kings  of  it  then  Homagers  for.it  •  foteftifies 

befides  the  prealledged  Authorityes,  (b)  E.  the  1 .  in  his  Epiftle  to 
Pope  Boniface.     And  though  true  it  be  that  Scotland  never  had  an  utter  Eclipfe  of 
its  ancient  Crown,  but  that  it  enjoyed  its  own  Lawes ;  wh.ch  Lawes  Sir  Edward 
cl^'c.^s/p."     Cook,  makes  much  alike  to  our  Lawes  both  in  the  kinds  and  parts  of  them  :  Com- 
345.  mon-Lawes,Afts  of  Parliament  and  Cuftoms,  in  the  books  of  Law,  in  the  defcentof 

the  Crown,  in  the  High  Court  of  Parliament,  in  the  degrees  of  the  Nobility,  in  the 
State  great  Officers,  in  the  Miniftcrs  of  Juftice,  in  the  like  Cuftoms,  Writs,  Lawes  ac- 
•     cordant  with  M.    Charta,  in  Wardships  with  Charta  de  Forrefia,  c.  n.  the  Procla- 
mation of  the  lawes  of  the  Sheriff,SherirTdoms  in  Fee  there  as  of  old 
hcre.in  the  fame  vocables  of  art,  in  all  which  that  Reverend  Sage  is 
ti&rjSi^  *;A    punftuall.therefore  to  him  I  refer*  therein  my  Reader  Whereby  i  t 
mim  mcr»m  imfm»m  httrn  )*s  gi»iii    appears  Lawes  they  have  a  long  time  had,and  exercifed  them  wich- 
Boceru.  /.».  i.  De  bells,  «.  14.  m  jt  ce\c^  which  was  enough  to  declare  it  ever  a  Royal  Kingdom. ; 

yet  the  Chancellour's  words,  ut  ducat  m  cbedivit,  are  moft  true  •  if 
4inftit.;.  343.  '■  7*.  refpeft  be  had  to  thofe  fervices  that  fome  of  the  Kings  of  Scotland 

did  to  this  Crown  as  itsTenurcrs,  at  did  the  Kingdoms  of  Navarr 
TrtHmumi  Mis  immtrtaiibtn  honor™  mi-  and  ?onxtgz[  to  the  King  of  C^ilc,  of  Granada  ana  Leons  to  Ana- 
SSSTCE?  t&Z£!&  gon,  of  LombarSy,  S.cil,  Naples  ^Bohemia  to  the  Empire, 
Sutton,  in  oftaviano  Augnfto,  t.jt.  th(  ild  Kingdom  of  Burgundy  to  the  King  of  the  French-men  : 

which  is  according  to  the  pradife  of  Subjects  who  have  Military 
seidens  t«/«  H»mtr,  j.  ajt.  *>».  Charges  as  Dutchies  now  are,  which  though  in.  time  they  may  en- 

franchise themfelves,  yet  originally  were  dependencies.    And  tins 
is  that  which  the  Chancellour  intends  by  ttt  ducafus  obedivit. 
In  Regnum  creuit  folitieum&  Regale.     This  has  relation  to  the  Lawes  by  which 
.  Scot  land  has  been  time  out  of  minde  governed.    Lawes  not  antecedent,  to  but  fubfe- 
/  qucnt  to  Kings,  and  therefore  by  their  power  enafted  •,  For  the  King  being  by  the  eld- 

eft  fundamentals  LaVts,  Dominus  omnium  bonOrum,  &  Dominus  direftus  totius  Do- 
minii,  the  whole  Subjttls  being  but  his  Va§ds,   and  from  him  holding  all  (heir  Land  at 
their  over- Lord, Ye  ho  according  to  good  Services  done  unto  him,changeth  their  holdings  from 
T*iZl7ieiti£  Taek^to  Few,  from  ward  to  Blanch,  Sic.  they  are  King  fame  s  his  own  words.     That 
w»rkf «» foi.        they  notwithstanding  .his,  have  the  freedom  of  Lawes  antes  from  the  King's  Permifii- 
on,  thatfotheLawfhallbe,  and  that  fo  he  fwears  toobferve  and  protect  it  to  be  ; 
and  this  is  to  make  the  Government  crefcere  in  regnum  politicnm  &  regale.    Becaufe 
God's  grace  working  on  his  kingly  nature  inclines  him  not  onely  to  regard  his  own 
greatnefTe  but  his  peoples  happineiTe,not  how  to  continue  himfelf  a  powerful  Lord  over  "T 
DiSttttm  <j««»  them,  but  to  make  them  rich,  thriving,  and  contented  Lieges  under  him.    So  did  Au- 
^Tti^JZ*^  ZMfius  carry  himfelf,  That  when  he  might  have  been  more  then  a  Dictator,  he-declined  fo 
tm^uter  rtpuiu.    to  be  ;  rcfuftngthe  peoples  importunity  to  crowd  the  highefi  honours  .upon  him,  with  a  per- 
^XfT^^^'^to  that  of  their  courtefie         ^     -  J 

triumphi,  Rom.        Yea  if  ever  Scotland  had  caufe  to  bleflc  God  for  an  encreafe,  it  was  that  Union 
,Mz».Edu.  s>i.  which  was  maicmih  Englnndm  theperfon  and  Acceflioo  of  the  wife  King'f«wi» 

Grand- 


Pompon.  Mela 


A  Commentary  upon  Fortescu£.  i9jf 

Grandfather  to  oar  now  beloved  Sovereign  ■,  in  whom  not  onely  England  remembred 
the  Union  of  the  white  and  red  Rofe  in  the  perfon  of//.  7.  from  whom  he  was  lineally 
defcended  :  but  the  Union  of  thefe  two  ancient  and  famous  Kingdoms  of  Sngland  and. 
Scotland,  which  God  having  fo  merciiully  again  made  happy  in  the  Perfon  of  our  gra- 
cious sovereign,  who  now  bleffed  be  God  thorowly  commands;them  both.  May  they,  I 
befcech  God,  never  be  disturbed  or  fevered  while  Shiioh  comes,  but  let  O  Lord  the 
throne  of  thine  anointed  be  eftablifhed  for  ever  and  his  feed  and  fucceffiori  proserin 
thy  fight. 

• 
Alia  quoque  plurima  regna  ntdum  regaliter,  fed  &  politice  regulari,  tdli  origiue 

jus  fort ita  font.    Vnde  Diodorus  Siculus  in  feenndo  libra  Hiftoriarum  prifcartim 

de  vtgyptiis  fie  fcribit.     Suam  primum  jfcgyptii  Reges  vitam^  non  aliorum  reg- 

nantium  qu 

nebantur  L^ 

ftre.     Nam  ah  hit,  cjt, 

bus  damna  periculaque  fubirtnt,  &C 

Our  Chancellour  brings  in  here  a  Quotation  in  Confirmation  of  his  pofition  from* 
the  Egyptians  the  eldelt  Of  mortals,  as  they  both  call  themfelves  and  are  by  others 
believed  to  be.    A  people  feated  in  the  firlt  part  of  Ajitdmdcd  into  the  lower  ey£- 

gjpt,  and  that  upper  about  Nilui  extending  to  «•£/%»'*  South  towards  Sienc,  gene-  «*.' 
rally  very  fuperltitious  and  addifted  to  their  Gods,  Kings  and  La*fc.     Now  becaufe 

he  would  prefs  home  this  argument  from  Antiquity,  and  Prcfident  even  of  thofe  that  ?a7ll' v^flffi,'- 

were  readied  to  fupcrerogate  in  their  venerations  to  their  forementioned  Trinity  ;  ;«/*>>»««  #■  di- 

he  fingles  out  the  carriage  of  the  Kings  of  that  people,   as  the  inftance  of  the  power  STJ^Si** 

and  prevalence  law  and  ufe  had  with  them,  and  by  the  efficacy  of  which  their  power  Juvenal,  sat/t. 

continued  lefs  terrible  then  otherwife  it  would  have  been,  and  the  Author  he  makes  ,J- 
ufe  of  is  Diodorus  Sicnltss,  a  Greeks  by  birth  and  an  Historiographer  by  excellency ; 

S*id<u  fayts  he  lived  in  Auguftus'%  time  or  afore,  which  gives  credit  to  Gjraldus  his  Siiidas »'»  Ai- 

account  of  him  in  Julius  Cafar's  time,  when  ever,  a  man  of  fore  travail  and  paines  he  evifl£  Liltus 

was  .  for  his  B-Miotheca  coft  him  thirty  years  journey  of  his  life,  for  though  he  wrote  GiraldusJ)*- 

other  facetious  difcourfes,  yet  this  Hiftory  was  the  marrow  of  his  brain,  and  that  aUg.8.  De 

wherein  he  yet  chiefly  lives.     Out  of  the  fecond  book  of  this  Hiftory  our  Text-Mafter  p0cC>  Hiftor. 

collcfts  many  Inftancesof  the  Continence  and  Moderation  of  the  ancient  Kingsof  ty£-  .  ,0'p 

gjpt ,who  were  not  onely  not  iWro's,debauched,till  they  endangered  their  own  lives  and  s*p>  <,»,»»&  rU 

proftitutcu  the  glory  of  their  Govcrnmentsibut  even  Tiberius*  beyond  the  proportion  *"  •"^"f  *\ 

c  /-   i         «  i  1  1  l-  »t-l  •"""  Vinculum  "a*, 

of  man  in  greatnds.humble.notone'y  to  every  particular  as  he  was  to  Hatenus,  whom  ,„.sueion. »» Ne- 

he  cryed  pardon  from.for  diffenting  but  in  Vote  from  him,(but  alfo  to  the  Senate  in  ge-  ">ne- 

neral;   Etuunc,  &  fape  alias  ?.Cbonum&  falutarem  Principem,  quern  vostanta&  Suet0H  ,»  Tjbe- 

tam  libera  puefidte  infiruxifiis,    Sertatiti  fervire  debere,  <*r  nniverfis  Civibus,  [ape  &  «o.  e.  i». 
pltrumque  etiam  fang* lis,  neque  id  dixiffe  me  pmnitet,  &  bettor  &  aquos  &  faventcsvos 
habui  Domims  &  adhuc  habee,  and  not  onely  fo  felf-denying,  though  'tis  fo  far  a  degra- 
dation of  Ma  jefty,  that  I  am  not  willing  to  believe  it  ought  above  a  Complement,  but 

much  beyond  it  <nf*ny  p!  T>itvrti@a.r>KZt  *v-mv,  &C.   Their  fir fi  Kings  did  not  form  Diodot  SicuL 

themfelves  di  exempt  from  Law  and  reducing  all  to  their  abfolttte  pleasures,  but  mall  WU.p.*i.  Edit. 

1  •  1  j-         11     A  •  ti  it.,  L    .       U  .^      *  ,      Rhodani  lmpr. 

things  and jor  all  actions  were  acctuntable  to  the  LaVies  j   but  Wtiat  was  7*sM»  So.vua.mu-    Hanoviz,  i«»*. 
Ttffr,    more^remarkable  they  could  do  nothing  either  of[mereftr  feveritj  but  jufitnthe 
(JMethodof  the  Law,  yea  he  proceeds  to"  tell  us,  That  the  ancient  tradition  w at,  that   T- ♦'•«'*■" 
ty£gpt  was  governed  800,  or  1 OOO  jears  by  Gods  and  Heroiques  •    and  when  thofe  ceafed, 
lht  brfi  and  moji  pe,blick^fpirit  of  the  Nation  ^oat  chofen  King  ;  Kingdoms  being  eretled 
faith  he,  at  rewards  ofthife  that  were  moft  ufefuSj  qualified :  yea  he  tells  us  of  one  Sa- 
baco  an  lAigJptian  King,  Vvho  being  told  bj  the  Theban'^  God,  that  he  fbouldnot  keop   7 
his  Government  long  and  fure  to  him  and  his,  unlefs  he  put  aH  the  Priefis  to  death,  march- 
ing through  their  dead  bodies  Viith  his  Troups  ;  chofe  rather  t*  quit  hit  Government  »  aJ- 
7tur  t  njie/oy,  &C  then  either  to  offend  the  Gods  bj  a  nefarious  fail,  or  to  make  himfelf 
great  and  fiable,or  defile  /Egypt  with  their  innocent  and  facred  blood.     This  was  the  pi- 
ous temper  of  prifline  Kings  as  Fathers  and  Sheepherds  to  tender  their  people  and 
not  to  raife  themfdves  on  the  ruins  and  opprcfiions  of  them  •,  which  dories  lealt 

P  p  any 


zo6      A  Commentary  upon  Fortescue. 

any  virulent  fpirit  fhould  think  fabulous.let  him  confider  the  Authonr  Diodorus,  whom 

Pliny  fets  forth,  as  he  that  brought  the  Greeks  in  credit  for  truth 

Vtpu cnteoj  m$*ri dtfut.  win.  De  Dio-'   and  fohdnefs ,  and  {a)  Rualdus,  the  learned  Commentator  on  Flu- 

ZV^invim  riuta,chi.Ma.  ti»     torch,  terms  Celeberrimns  Wfioriarum  conditor ,  of  whofc  Biblio- 

f.  3j.  thtque,  though  many  Books  are  penfhed,  as  are  fundry  other  ruoft 

excellent  Works  there  fpccially  named:  yet  this  our  quotation  is  fall 
in  being,    by  the  benefit  whereof  thefe  Stonescamc  here  to  be  inftanced  in,    wherein 
there  is  confirmation  given,that  the  true  end  of  Government  is  likenefs  to  God,  in  be- 
neficence to  Mankind,  in  propagation  of  virtue,    and  fuppreffion  of  what  is  immoral , 
which  is  to  do,as  philo  fays  Kings,  that  confider  themfclves  God's  Deputies,  and  ac- 
countable to  him,  fhould  and  do,  Ti  vfiyiM  y*h&m  •  j8*AS/uei<©-,    &c.   Let  who  wiH 
laugh  (faith    he)  I  will  net  be  afhamed  to  fay  ,    he  onely  can  every  way  be  a  compleae 
Lib     Devita     £'"£*  VP^">  hath  gained  the  Pajitral  Skill,    and    by    demeanour  of  him fe If  in  thofe 
Mofis,/>.*u.      leffer  charges,    learns  himfelf  what  to  do  in  the  other  greater.      And  who  in  the 
method   of  thisobferves  the   Laws  of  his    Government,     not   thofe    fenfual 
ones   of  his   corrupted  will,  which  carryes  himonro  all  riot  and  truculcncy ,  but 
thofe  of  Juftice,  Reafon,  and  common  approbation,  with  the  people  he  is  fet  over,  is 
both  a  worthy  man,  and  a  wife  and  noble  King.    I  or '  tis  a  dangerous  thing  to  give  way 
to  any  ftart  from  the  precife  Rule  of  Law  and  Juftice :  no  man  knows  where  his  heart 
will  ftay,who  permits  it  in  the  leaft  from  Equity  and  Juftice  to  wander,     Jovian  was  a 
brave  Emperour,  Arm*tsreifcientiffimus,&.c.  arart ■  Souldier,   a  notable  civil  Gover- 
nour,  knowing  hotm*  keep  diftanct  to  prevent  popular  infolence,and  the  contempt  offamilia  ■ 
rity  •,  more  grave  in  mind  and  manners,  thenyears ;  of  a  long  ear  to  reach  grievances,  and 
as  long  a  hand  to  redrefs  them,  fevere  in  manners,  a  defpifer  of  riches,  liberal  to  a  miracle, 
an  excellent  Law-maker.    Oh!  but  Ammianus  records  it  ofhim,that  he  was  an  enemy 
*SK"» t0  Chriftianity,  and  teftificd  it  in  that  fevcre  Edift,  that  he  would  not  fuffer  the  Chri- 
Joviano, /.«,.  fiian  Rhetoricians  and  Grammarians  to  teach  openly ,  and  the  reafon  was,  left  they  fhould 
,d"'  sJlb-         withdraw  Youth,  a  numinumcultu,  from  the  Etbnique  Idolatry.     So  dangerous  a  thing 
it  is  for  Princes  to  give  way  to  their  unlimited  Wills,  and  not  to  be  ruled  by  thc/ult 
Laws,  which  are ftanch  and  inflexible,  that  it  endangers  the  defamation  of  all  their 
good  deeds.     Therefore  King  James  the  wife  fpake  the  mind  of  himfelf  and  all  good 
sP'«h  *'  wW"L  Kings  his  Succeffours  ;     A  King  that  *>>//  rule  and  govern  juftly  ,  mufi  have  regard  to 
ofhi's  Woiiuin  Conscience,  H»nour,  and  Judgment,  in  akhit  great  Attitns;  and  therefore  you  may  a fure 
fo'io.  yomrfelves  ( faith  he  to  the  Houfes  of  parliament )  that  I  ever  limit  alt  my  great  alliens 

within  that  cemfafs .  And  thus  to  do,  will  not  onely  procure  the  blefiiiig  of  God  on 
him  and  his,  feut  prevent  thofe  damna  and  pericula,  thoiceppreffiens  that  make  wife  men 
mad  -,  thofe  Treafons  and  Rebellions  that  are  the  iflues  of  popular  poverty  and  difcon- 
tent;  and  thofe  are  worthy  wife  Princes,  to  defend  themfclves,  and  their  loyal  and 
peaceable  Sub  jefts  againft  :  and  that  not  onely  by  the  force  that  fubducs  them,  but  the 
juftice  and  equitable  administrations  of  Government,  which  fhames  and  reproaches 
their  oppofition  to,  and  detraftion  from  the  merit  and  juftifiablenefs  of  them.  Though 
therefore  it  be  impoffible  to  give  fatisfaftion  to  ill-will  and  reftive  prejudice-,  and 
Princes  are  not  to  hope  to  do  that,  but  ftill  they  fhall  be  by  refraftory  fpirits  clamour'd 
againft  •,  yet  to  endeavour  all  ingratiation  with  their  Sub  jefts,  is  their  eafe,  advantage, 
andfecurity  •,  and  that  done,  a  watchful  eye  over  Difenters,  and  implacable  Contra. 
riots',  willfatisfie  the  Prince's  Confcience.that  he  does  not  negleft  his  duty.  And  let 
obftinate  Vifturbers  abide  the  peril  of  their  Contumacy  both  to  God  and  their  Prince ; 
for  fo  long  as  the  Law  is  the  Arbiter  y  and  the  Judges  are  Interpreters  of  it ,  there  is  no 
danger  to  the  Sub  jefts  while  loyal  and  orderly. 

Et  in  quarto  libro  fie  feribit.  Affumpttu  in  Regem  ^Etbiopum,  vitam  ducit  ftatutam 
legibtu,  omniaaue  agit  juxta  patriot  mores,  neque  pramio  neque  pena  efficiens  quem- 
quam,  prater  per  traditam  kfuptrioribus  legem.  Confimiliter  loquitur  de  Rege  Saba 
iufaliei  Arabia,  &  aliis  quibusdam  regibus,  qui  prifese  temporibttt faliciter  regna- 
bant. 

This  is  added,  to  make  the  inftances  confirmatory  of  politique  Government  more 
plural ;  for  as  the  Egyptian  the  eldeft  and  religioufcft  ( in  the  fcnfe,Supcrftition  is  taken 

for 


A  Commentary  upon  Fortes  cue.  207 

for  Religion)  of  men  ■,  fo  the  Ethiopian  Magiftracy  was  of  this  ;kind.     Now  Ethiopia 
is  that  part  of  Aphrickjindcr  the  Torrid  Zone .between  Arabia  and  Egypt,    called  firft  rlin  Ul*' c'10' 
Liberia,  then  Atlantia,  and  after  Ethitpia,    from  Etbiips  the  Son  of  Vulcan.     This 
Countrey  alfo,  as  Egypt,  is  divided  into  the  part  of  it  on  the  Eaft,  •  and  that  about  the 
Seam  A4anritania,T\eax  the  Red- Set,  therefore  by  Lallantius  the  Inhabitants  are  cal- 
led Rubentes  tAEtbitpes.    The  chief  employment  of  thefe  poor  Heathens   (r.s  black  in  Ge,°f  "/c^" 
vice  as  in  face,  and  as  far  North  from  virtue,  as  they  are  from  the  World  in  fkuation,  T4wj$jjk 
being  as  jTr^o  fays.the  utmoft  men  to  the  North  Pole,  and  beyond  whom  there  is  no-  t0$  s^^^i- 
ihirig  but  Sea  and  Sky  )  is  hunting  of  Elephants,  the  Teeth  of  which  are  their  chief  ?et/]5 
Merchandize  •,  though  they  live  rudely,  yet  have  they  a  great  veneration  of  order , 


unvtf 


ti«. 


andawillmgnefsto  befubjeftto  their  Kirg,  the  firft  of  whom  was  a  Conquerour,  Stnbo  Gtogjit, 
Srfeftris  by  name:  after  the  people  fell  into  a  milder  way  of  Regiment,  and  chofe  '•/;'♦• 
their  King  by  common  fufifrage  j  and  while  that  continued,  b^cta***  7i  >&$kccci,  &c.  LAi^.'sfj. 
t  bq  chofe  him  King,who  either  'excelled  in  beauty  and  gocdlynefs  of  body  ,  or  skjli  in  Cattle, 
cr  fircngth  or  wealth ,  but  feme  fupercxcellent their  King  was.  Their  Pricfts  of  old  had 
power  over  their  Kings,  and  would  be  fo  rigid  and  fuperb  towards  them,  that  they  left: 
nothing  ot  Majefty  unmfolcrc'd  :  But  one  cf  their  Kings  diffolved  that  humour  byforce^ 
end  recovered  Supremacy  to  the  Soveraign  Power.  Which  had,  to  confolidate  him  in  his 
acquifition,  he  and  the  people  contented  to  Laws,  as  their  fecurity,  and  his  boundary  j 
the  particulars  of  which  Laws,  though  the  Chancellour  fets  not  down ,  yet  he  fpecifies 
fomefpecial  parts  of  them.  Firft,  concerning  the  King's  manner  of  life,  that  was  to 
be  according  to  the  Canon  of  Law,  vitam  ducit  ftatutam  legibus ,  that  is,  he  was  to 
live  regularly,  according  to  that  notion  of  regularity  the  people  of  Ethiopia  in  their 
Laws  have  ettabhfhed :  Which  though  it  may  be  as  unlike  virtue  and  juftice  with  us, 
as  their  faces  are  unlike  ours  ^  yet  is  the  rule  of  it,  as  to  them,  takiblefrom  the  Law  of 
that  place  and  people  over  which  they  are  fet.      Which  Law,  be- 

caufe  it  is  not  always,  if  at  all  written  ,    thofe  Barbarians  being     aUo/c*  «V  «*   -nJ  tjWsi  xp»<"» 
ignorant  of  Letters  •  yet  inafmuch,    as  it  confifts  in  ufe,  cuftome,     > i/uu. 

and  practice,  which  are  patrii  mores,  he  is  faid  further  to  be  dire-    Menand.«f>i<iStebruni,,j«-*.>.  Divi- 
ded to  do,  fecundum  patriot  mores.  Secondly,  concerning  his  Civil     ^jj.-,  „x,m„.„^„  ,,».  w. 
and  Judicial  Adminiflration,  that  is  alfo  to  be  according  to  the  di-     '*«*.  sueton..n  oft«v.  Auguftof.u, 
•reftion,  and  not  againft  the  Prefcript  of  that ;  neither  in  reward , 
nor  in  punifhment  can  he  go  beyond  or  befide  the  Law,  which  was  a  fuperioribus  tra- 
dita.  Which  is  to  be  noted,  becaufe  the  Scripture  feems  to  affirm  much  to  the  honour 
of  Antiquity  in  that  expreffion,  Tofirive  earneftlyfor  the  Faith  once  delivered  to  the 
Saint*,  as  intimating,  that  the  fpirit  of  ingenuity  and  fincerity  dwelt  in  priftine  men 
and  times,  when  divine  and  heroick  men  were  Legiflators,  who  furred  up  by  God  to 
rule,hadno  defign  of  their  own  fcparate  from  publique  good  :  but  did  all  they  did  with 
eye  to  the  luftrc  and  ampliation  of  the  people  they  ruled  in  and  over.     For  Tyranny 
andfclf-aggrandizationcamein  with  the  loofe  and  diflolute  manners  of  grofs   Ethni- 
cifm,  and  Apoftatc  Cbrifiianity ,    hodg-podg'd,    and  made   up  into  a  body  of  rough 
pride  and  fe If- magnification,  which  proftrates  all  Laws  and  diflblves  all  Juftice  before 
which  mens  minds  were  fo  fmcere,  that  with  Otfhtvs  they  attributed  to  Juftice  all  iraa-  -  *     .  r  h-. 
ginablcpraifes,  a  ^rtifom  JiKeua]ivi,  ■mKv«h&»,  voSmh,  &c.  O  mofl  juft  Goddefs  to  Mor-  n*,  jJjililszo™ 
tals,  ble$ed,defirabte,  which  always  doefi  b]tk]  equity  rejoyce  men,8cc.   and  when  vice  *>z«>-Serm'- 
began  to  fhoulder  in,then  'twas  necefTary  to  reftrairi  by  Laws,  what  otherwife  would  e'101' 
be  without  them  dangerous  in  the  liberty  of  ufing^  which  was  alfo  the  wirdom  of  the 
Counrreyof  Saba'm  Arabia  the  happy:  in  which,  as  in  the  other,  pre-cited  Princes 
ruled  moderately  in  old  times.    And  thus  the  Chancellour,  as  having  faid  enough,and 
no  more  (I  conceive)  then  was  true  concerning  the  old  Kings  and  times,  ends  this  j 3th 
Chapter;  and  fo  endalfo  my  Nctes  on  ir.  ** 


P  p  a  CHAP.  XIV. 


2©8         -    ^Commentary  upon  Fortescue. 


CHAP.  XIV. 

Cut  Princeps.     Ejfugafli  Canccllaric,  declarationis  tua lum'mt  tenrbras, qiiibt-.s  obdit- 
tlaerat  acies  mentis  mea. 


B 


:  Ere  the  Prince  is  brought  in  compendioufly  abridging  what  the  Chancellour  hath 

I  in  the  preceding  Chapter  difcourfed  /of,  which  account  he  prefaces  to  by  a  can- 

did  and  Princely  Conceflion  to  the  Chancellour,  whofe  arguments,  oratorioufly  pi  ef- 

•  fed,  had  made  a  plenary  Conqueft  of  his  reafon.     And  that  the  Prince  may  appear  a 

true  Son  of  milde  H.  6.  his  Father,   and  an  Inheritour  of  all  thofe 

bountifull  ingenuities  and  heroique  Grandneflcs  that  do  adorn 

l^sBriirjiszSk.  and  u^**  ™**  «*  &&*«&,  of  ?«««,  hed0eS  n0c 

infnt  tcddi;  rtmmt  &  uipia«um  jura-  onely  not  vilipend  and  not  injure  his  Chancellour  for  his  good 
cnfuitum.  mtt^vimm.&sMttmtki.  COUnfel  as  Heliogabalus  did  Sabims  the  Conful,  whom  because 
xamptidms  De  Meiiogabiio  f.  ao».  Edit,  he  was  a brave  man  and  not  avoiding  Rome ,  that  Monfter  Empe- 
s3rIb-  rour  caufed  to  be  put  to  death  ;  or  remove  him  from  him,  as  the 

fame  Emperour  did  Vlpian  the  famoas  Lawyer,  and  Silimu  the 

famous  Rhetorician,  who  were  both  good  men  and  muft  not  be  endured  .•  nofiicU 

Tacitus.  treatment  has  oar  good  Chancellour  from  his  young  Prince- for  the  Chancellour  was  no 

osfirrtum  &  or  Tegonius  Gallus  called  i  Aoj<&7itI©-,becaufe  he  was  nothing  but  words ;  nor  a  Cncius  Dc~ 

ftumbtum,  Sueto-  mitiUst  of  whom  Lkinius  Crajjus  faid,  He  had  an  iron  mouth  and  a  le-adt n  heart ,   but  a 

niusmNerone.    manofdeepreafon  and  learned  judgement,  the  Dulcimer  of  whofe  eloquence  did  fo 

ravifh  his  noble  ear  and  heart,  that  he  profefles  bimfelf  not  onely  fatisfied  but  furpriftd. 

Eff*ga(li,8cc.\  word  not  at  all  oratorious,for  I  finde  it  in  the  verbin  no  good  Authour- 

but  a  word  which  oar  Text-Mafter  his  Authority  has  brought  into  propriety  to  lignil 

fie  a  plenary  Conqueft,  which  appears  in  a  routing  all  oppofition  and  making  it  quit 

thefield,   having  no  root  nor  branch,  fiber  or  firing  of  hopes  and  retreat  left,  untaken 

off^the  Prince  is  brought  in,telling  him  the  darkneiTe  and  ignorance  of  his  foul  was  fuch, 

that  many  pjepofTeffions  and  falfe  Principles  he  had  imbibed  and  was  dcftru&ively  fea- 

foned  with,  which  rendred  him  prejudiced  againft  the  truth  of  the  Lawes  Excellency, 

and  the  influence  it  ought  to  have  on  him.  But  now  the  Chancellour  having  confidcred 

and  foberly  anfwered  his  doubts  and  diflblved  his  agregated  miftakes;  he  gives  the 

Ctnu,  ihqunii    Chancellour  the  honour  of  his  Atchievment,  Effugafti,  &c.  And  well  he  might,/or  the 

*&*'Zptramm™!  Chancellour  was  one  of  a  Genius  elegant  and  temperate ,  free  from  the  levities  of  language 

ixm  fntmUrum  and  the  Wander  of  rcafoning,  no  lax  perfwaftens  did  his  pruden:e  engine  by,  all  the  a] cents 

,ni(t»i  «n»c  m     that  he  made  to  the  judgement  of  the  Prince,  were  upon  the  advantages  experience  rive 

ondmrum  vrto-  htm.     And  being  fo  arrayed  with  power  ot  words  to  chafe  away  opponents  (  Sciences, 

mm  faontu,      falftly  fo  called,  the  pre-  engagements  to  aver fation)  and  with  ftrengthof  matter  to  con- 

wUan.0Aug.'°iV.  firm  him  in  the  real  folidity  and  ground  of  his  transmutation  from  darknefs  ofminde 

to  light  of,  not  onely  difcovery,  but  apparent  fatisfa&ion,  which  he  is  brought,  in  ex- 

preffing,  no  wonder  though,  in  the  following  words  he  profefles  as  he  does. 

Quo  clarijfime  jamconfljicio,  quod  non  alio  paHo  gens  aliqua  proprio  arbitrio  un-iuam 
•  fe  in  regnum  corporavit,  nifi  ut  per  hoc,  fe  &  fua  quorum  di/fendia  formidabant, 
tutius  qnitm  anted  pojfiderent. 

This  is  added  as  Induction  to  the  fubfequent  matter,  and  it  has  many  notable  par- 
ticulars infinuated  in  it.  Firft,  Trie  fubjeft  matter,  as  I  may  fo  fay,  of  great  Govern- 
ments in  their  Rife  and  Afcent,  EGente  aliqua. 

Gens  is  more  then  a  Family,  for  it  contains  agnat«s&  cognates-, 
AMatus.  Forney  sieetau.  «./*«,  si.    for  whereas  Tamilia  referrs  to  the  Cignomtn  or    fupcradded 

name  •  Gens  takes  in  the  lirname  or  onginall  name  as  ic  referrs  to 
jmer  Gmm  &  f*mii,*m  uind  intmft  tjmd  the  common  Anceftry,  whence  all  the  particulars  of  the  family 
HwinBoi™^  idi!j!^I;     i5l,cd  i  fo  Fffif  dcfines  ",Gcntem  effe  qua  ex  multts  familiit  con- 

ptitur.    G'ns  then,  though  it  be  largely  taken  for  a  Nation,  yet 

-        primarily 


^Commentary  upon  Fortes  cut,  ao$> 

primarily  it  fignifies  a  kindred  in  nature  .-  fo  Suetonius  mentions  ex  Gents  Vomitia  dua  Suewa.*  He. 
familia  clamemnt  ■,  thence  it  ic  that  all  things  belonging  to  Families  are  called  Gen-  "'Jj  Csel-    i- 
t.liita,  the  badges  of  their  honour  Jnfgniagentilitia,  the  Memorials  of  their  Anceftours 
riches  Gentiliti*  bareditates,  the  Solemnities  kept  by  families  Gentile  facrtim  zv.dFa- 
m-.lie  [dime,  to  go  Habited  after  the  manner  of  a  family  v/as  to  be  Geflngcntili,  and 
to  be  near  of  a  name  is  termed  Gentilitas  nominU.    This  notion  is  involved  in  Gens, 
which  is  that  of  which  politique  Bodies  confift.    Then  fecondly,  this  Claufcfets  forth 
by  way  of  predicate  what  theic  Kindreds  did  do,  that  was,  corurare  in  regnant  -,  na- 
ture taught  them  that  united  force  was  preferrablc  to  fingle,  that  the  weaknefie  and 
disiuftre  of  the  fingle  parts  of  the  body  was  provided  for  in  the  union  of  their  fituation 
in  the  bodyj  where  in  their  conjunction  they  were  both  fair  and  comely,  and  this  lef- 
fened  them  to  feek  the  comforts  and  conveniences  of  life  in  Com- 
binations and  forms  of  living  together  in  civil  Society  :  and  when    Sa-fa*1  bMtm.  «»»» corpus  f<uunt  «- 
thefe  Rendezvouses  are  the  Lodges  of  peace,  order,  arts,  piety,    %£Z^%$Z^Tl 
and  do  not  harbour  treafon  and  faction  againft   Government,    m.fufimt.  Thoioflansymagm.junsw.j. 
they  are  in  policy  and  as  ftaples  of  trade,  riches,  and  learning  to     *  '■ &Ut' u  '•  '•  Tit-  '• 
be  encouraged  and  ampliated.  It's  true  0#<«f/«/  Augnfius  is  men-       Ti»nm*  ftm-tt  tini»  ,i%ui  cap- 
tioned by  Suetonius  to  diffolve  fome  Corporations  and  that  l'uft-     ad  mlu"  "'"  f""""-'  f««'""m  «»*«'. 
Jy,  becaulc  they  were  factions  and  the]  made  a  party  on  purpofe  to  di- 
flurb  Government ;  but  even  then,  he  did  not  meddle  with  the 
Collegia  antiqna  &  legitima  ■,  thofc  that  were  fettled  by  time  and  Law  were  kept  up 
in  their  beauty,  becaufe  they  bad  a  care  to  give  no  juft  fufpition  to  their  Governors,  ug^,°  jau"is  j^°" 
but  fhewed  themfelves  forward  in  fidelity,  and  thereby  fecured themfelves from  E- .*•*• Tit. ». 
clipfe,  which  otherwife  they  could  not  have  done.     For  Governours  arc  to  ufe  pru- 
dence both  in  order  to  their  own  eftablifhmcnt  and  their  peoples  peace,  which  Cor- 
porations are  leaft  of  all  to  endanger  becaufe  they  have  the  moft  to  lofe  by  trouble 
and  turmoil.     Cities  and  Towns  then  being  governed  under  Princes  by  prudent  choppinus  De 
Magiftrates,  to  whom  they  legally  approve  themfelves  loyal  and  dutifull,    are%o  /^omanio  Franc* 


omnium 


doubt  the  llrength,  glory,  and  riches  of  any  Monarch ;   which  Numa  firft  appre-  corp.,1 
hending,    put,  as  did  Severus  after  him  ,  all  the  Arts-men  ef  Rome  into  Companies.  ""/"""•  *•»">- 

„.  °      ,r.„       ,,  y    i         o  r     .  i  i  i      t     «•••»•       i      '    Ptidius  in  Se/era. 

Vtntners,  Victuallers,  (\eoks,  &c.   Jetting  Wardens  over  them  and  appointing  them  />.»i$.  Edit,  syl- 

their  Sphere  and  Motion :    and  whether  from  this  Romane  Example ,  or  from  the  ^a'S- 

lame  Spirit  in  5r»'m/&  Magiftracy,  (his  way  of  Incorporation  firft  began  in  England,  C-  f>  Magna  ch# 

I  know  not ;  but  furc  that  it  has  been  and  is  continued  with  great  advantage  we  fee  «  *^j».  city  of ' 

and  know,  and  from  them,  have  in  all  times  come  many  of  the  great  Eftates  and  Fa-  Lona°n's  c»rc« 

miliesoT  Honour  in  the  Nation,  But  this  is  the  Honey  that  Jonathan  mnfi  net  taft  of. 

And  therefore  I  will  proceed  to  the  Text's  Corporavit  in  regnum,  which  is  the  nobleft 

Corporation,  becaufe  the  bringing  of  all  thepettite  and  diftinct  Corporations  into  a 

joint  Stock  or  publick  Mais  which  is  called  a  Kingdom  •,  The  Government  of  one  over  aU, 

independent  on  any  bat  God,  to  whom  one lypcrfonally  he  is  to  give    account.     And  this  is 

ib  noble  and  neceffary  a  Corporation,  as  1  have  heretofore  made  good  in  the  Inftances 

of  the  Dignity  of  Monarchy,  that  nothing  I  can  add  more,  but  to  remember  men  that 

in  this  Corporation  there  are  all  the  ends  that  reafon  can  aim  at  for  the  comfort  of  NotabenY. 

convcrfation,  concentered,     i.  To  live.     2.  To  live  pleafantly.     3.  To  livefafely. 

4.  To  live  profitably.     5.  To  live  peaceably.    6.  To  live  bleffedly.     Thefeareall 

the  fruits  of  this  corpor are  in  rernum,  but  our  Text  referrs  onely  to  the  third  fafctv,  Slf? '/i'!!*!\  ' 

which  it  makes  the  caule  ot  this  corporavit  in  regnum.  f.  155. 

Thirdly,  This  Claufe  difcovers  how  ihls  ctrporavit  in  regnum  came  about  not  vi  co- 
gentr,  fed  ratione  eligrnte  &  dirigente,  propria  arbitrio  fayes  the  Chancellour  •,  for 
though  I  know,  as  before  I  have  touched  upon,  fome  Nations  being  vi&or'd,  have 
been  forced  to  take  the  Impreffions  the  power  over  them  would  force  upon  them  :  yet 
many  of  the  elder  Governments  were  the  effects  preprii  arbitrii,  or  at  leaft  atlu  poflli- 
minio  they  confirmed  fuch  popularibus  arbitriis.  Now  that  which  the  Text  calls  proprium 
*r£»>W*tf»wasnotthevage  giddy  humour  of  the  people  as  they  were  in  face  actuated 
by  faction,  humour  and  lawlefs  lmpetuofity  ;  but  it  was  their  judicious,  fobcr,  and 
religious  confent  according  to  the  Dictates  of  prudence  for  felf  prefervation  and  pub- 
lique  advancement.  For  if  in  the  latitude  of  its  corrupted  fenfe  the  peoples  confent 
and  will  fhould  be  regent ,   as  probably  they  would  chufe  a  bramble-Government 

rather' 


no  A  Commentary  upon  Fortes  cue. 

rather  then  fit  contented  under  their  Vine  •,  fo  their  actior.s  would  he  fo  far  from 
Order  and  Rcligioo ,  that  their  propruim  arbitrium  would  be  Blood  fl>ed,Confufion, 
Anarchy-,  yea,  were  r.ot  Kings  and  Magiflrates  better  to  Popularities  ,  then 
they  dooften  wifti ,  or  they  would  in  fomc  humours  have  them,  had  they  the  power 
to  hinder  them,  there  would  ere  long  be  no  Corporation  in  the  World.  Such  Tygerx 
and  Mmftcrs  arc  men  become,  through  the  miftakes  of  Religion,  that  'tis  rare  to  rind 
order  in  Communities,  nor  more  civility  then  is  the  effect  of  fear  and  force .  Hence 
•  the  Text  fub  joyns  the  end,  why  Nations  did  incorporate, 

Vt  per  hoc  fe  &  fha  quorum  difpendia  formidabant ,  tatius  ejtiam  antea  pcffiderer.t. 
When    man    by    fin  had  broken  his  peace  with   God,    then    not   onely    the 
.Creatures    were   let    loofe   to    great  degrees  of  infolence  againft    hifh ;   but  the 
powers  of  mans  foul    that    before,  were  orderly   and    retrained  ,    then  rioted 
one  againft  another,  and  all  againft  him  that  rebelled  againft  his  Maker.      And  then 
the  fecurity   that  men  had  each  with  other,  while  they  were  at  truce  with    God, 
gave  up  its  Charter  and  Privilcdge.    Now  every  man  grows  a  Cormorant  to  his  fellow, 
the  weak  the  prey  of  the  ftrong,  and  the  fewer  the  fpoil  of  the  more  in  number.     This 
keeping  men  in  terrours,leflbn'd  them  recollection  of  their  difperfion.     And  therefore 
of  old  they  did  gather  together,  and  make  a  common  pact  to  defend  each  other  ■,  and 
^Jkcq^. «.i.  to  method  their  common  defence,  appoint  a  Head  by  whom  they  would  be  led  and  ra  - 
?.4is>  led.    for  Nature  teaching  fclf-confervation  as  a  primitive  leffon,  found  out  no  better 

or  other  method.then  that  of  Government-,  nor  any  Government  fo  peculiarly  fsfe 
and  contributive  to  peace  and  fecurity  as  that  of  one.    For  bcfides.as  I  faid  before,  Mo- 
narchy is  of  God,  and  generally  approved  the  pcrfecteft  of  Governments^   it  has  been 
fou  nd  that  more  often  and  fatal  dilturbances  have  fallen  out  in  Ariftocracies,  or  Demo- 
cracies, then  in  or  under  Monarchy.     Antoninus  Pins  was  fo  hap- 
-vtperMtustrci^vigiHHmiiumfubtabti      py  and  wife  a  Prince,that  Egnatitts  writes,  That  for  23 years  under 
hmfmr,  smortnm,  irthmr  i'«'»»»"     him  there  wo*  no  War,  becaufe  love  and  fear  ftnve  fir  mattery  in  his 
advirfrnfrinciptm.  qiM ut  mmen  *nr.od     time  ,and  as  the  one  permitted  not  hujr  tends:  fo  the  ether   affrtght- 
venerarintur.  Ke£  fa  enemies  from  attempting  an]  tl.  ixg  againft  him,  whom  the  Gods 

fo  favoured,  and  they  ottfht  as  a  God  to  venerate.  And  the  fame  Au- 
4&$/£££&.  %$£  S  thour  tells  *s,that  ,f  Antoninus  Philofophus  had  not  been  in  the  Em- 
jji'wwOT.p.  s  «+•«'''■  Sylo.  fire,   Vehcn  he  was  ;    then  the  Woman  Empire  had  undoubtedly  fell. 

Whereas  it  is  rare  to  find  fuch  fecurity  and  peace  under  other 
forms ,    though  I  confefs  the  Venetians  are  a  noble  State ,  and  pru- 
dently fuccefsful :  yet  in  many  Dukes  times  they  have  been  (hrewdly  threatned  fubver- 
fion,  partly  by  their  home-bred  Emulations,  and  partly  by  their  forraign   Aflaults. 
When  men  grow  great  and  popular,  they  prove  often  Earth-quakes  to  Nations  and 
places  ■,  for  do  but  difcontent  them,  and  all  is  in  a  flame.     Thus  Rome  felt  Cafar  and 
fompcy,  Catiline,  Mark,  Anthony,  Sylla,  and  who  not,  that  had  a  name  and  would 
thereupon  be  fure  of  an  Antagonift.     So  in  Italy,    between  the  State  of  Venice  and 
Genoa  upon  point  of  Rivalry  ■,  lo  great  were  the  animofities   between   thofe   two 
States  for  1  oo  years  together,    that  they  never  met  one  another  but  with  the  mettle  of 
h;».v«i«,       T-uries  and  the  fpight  of  Devils :  yea,  though  they  had  the  Trcvi  fan  (pons  to  dandle 
i  Book, }. ut-    themintoacalmnew;  yet  even  there,  their  Jeft  became  a  fatal  earneft;  and  fo  much 
did  their  ftomachs  difdain  Captivity  each  to  other ,though  upon  meerly  the  contingence 
of  War  ( which  ebbs  and  flows  Victory,  by  an  unfteady  and  blind  event  to  men)  that 
Andrea  Dandttlo,  one  of the  Venetian  Generals,  being  taken' in  a  fight;  andcarryedto 
Pag.\6$.  the  Gemeffc's  Gallies  a  Captivc,rarher  chofefurioufiy  to  beat  out  his  own  brains  againft 
the  fide  of  the  Gailies,  then  be  a  prifoner  of  War  to  his  Countrey's  Enemies :  and 
Pag.160.  amongft  the  Venetians  themfelves,  what  Plots  have  the  Governments  of  many  Dukes 
«  been  endangered  by  ?    witnefs  that  of  Marino  Baccnio,  who  plotted  to  kill  Pietro  Gra- 
Tag.  1 65.  ^nice^  tne  Duke,  and  fuch  of  the  Senate,  as  pleafed  him  not  •  and  that  more  fatal  one 
oiSajamontiTepfile,  who  aflaulted  the  Duke  and  Senate  in  the  Palace  •,     That  of  the 
Tag.  i©o.  Rayjle  in  Giovanni Dandalo's  time.    Thefe  and  fuch  like  do  (View,  that  as  all  Govern- 
ments are  upon  prudencies  tending  to  confer vation,fo  are  thofe  probableft  beft  effected, 
when  the  Multitude  are  anticipated  their  mad  fits,  which  ordinarily  they  are,  more  in 
Regalities  then  other  forms.    But  however  in  all  forms,  the  intent  is  to  live  peaceably 
from  fpoil,  aflault,  depredation,  and  opprefiion  •  which  in  regularities  er  lefler  num- 
bers, not  being  either  fo  probable  or  pofiiblc,  Incorporations  into   Kingdoms  were 

thought 


A  Commentary  upon  F  o  r  t  e  s  cu  e.    ,         i\i 

thought  upon  and  effected.  For  Kings  for  the  moll:  pare  have  fo  much  of  divine  Magnani- 
mity in  them.that  as  they  were  in  the  firft  timeof  the  firft  ages  chofen  Governours,  and 
fince  arc  juftly  becomeLords  of  theirCountreys  to  do  good  offices,asFathers, Shepherds, 
husbands,Pilots,Numens  to  them :  fo  do  they  delight  (fome  particulars  onefy  excepted   see  Law  of  Free 
generally  to  cxprefs  grandeur  of  mind,  in  order  to  this  defign  of  their  dignity,    which  u°n"ch«-  Kin| 
Clauditss,  no  very  good  man,  but  a  brave  Prince,  (hewed  himfelf  clearly  and  gene-  Lvworks10'"0 
rouflyin.     For  when  it'was  debated  in  the  Senate, whether  he  fhould  firft  reftft  the  Goths  Gethos  «»/** 
or  the  Tyrants,  bothtyhjfhthreatned  him  and  his  Empire,  gave  conn/el,  that  firft  the  ^Ltl^ti"' 
Goths  jbonld  be  enconntredwith,  becaufe  they  were  Enemies  to  the  Government   and  Ro-  f»tUc»  6»jft». ty 
man  Common-wealth,  whereas  the  Tyrants  were  onelj  Enemies  to  him  ,    as  Prince  and  rT"  /"""'" ':': 
Head oj  the  Empire.  i*»i*w,  f „5st. 

Quail  propo/ito  gens  hujusmodifrauderetur,  ft  exihde  facilitates  eorum  crifercfojfit  Rex 
funs,  (jftodantcafacere  ulli  hominum  non  licebat. 

This  is  the  Argument  that  the  C  hancellour  brings  as  inferential  from  the  precedent 
reafon-,  for  pa  fits,  that  Governments  were  of  old  by  content  of  the  people,  and  that 
fuch  their  confent  was  to  better  their  condition  ,  to  defend  them  from  the  rapes  and 
violences  of  men  of  fierce  fpirits,  who  came  upon  them  with  fword,  and  aver-powr- 
ingthem,  took  away  their  goods,  forced  their  Wives  and  Daughters,  andfometimes 
took  away  their  lives,to  prevent  the  clamour  of  their  fact.  Tbcfe  things  yielded,  ic 
will  (fays  the  Chancellour)  rationally  follow,  that  if  the  Gevernour  they  put  them- 
felves  fpontaneoufly  under,  do  with  their  bodies,  goods,  and  fouls,  what  he  pleifes, 
they  do  not  avoid  the  inconvenience  againft  which  they  intended  their  fubjection  a  mu- 
niment ,  but  are  under  the  fame  mifery  under  another  name,  and  fo  are  little  lefs 
then  miserable,  through  the  incorrefpondence  of  the  actions,  with  the  intent  of  the 
Defigners  of  them.  For  though  true  it  be,  that  cafualties  may  alter  cafes,  and  fweeten 
demeanours,  which  but  for  them1  would  be  tragical  and  barbarous.  . 

Which  the  Hifrorian  offers  in  Vcfpafian's  defence  ■,  In  whom  Ava-  ■£|"'«'«i « **//"'  •» «,<$•  trnpcnm  ufoi 
rice  was  either  no  vice ,  or  mt  fo  great  an  one,  if  either  the  Calami-  ?$£$£$£'  **  *fuifttit-  E6nBtiuI 
ties  of  his  Reign,  or  the  good  nfe'.he  put\is  exaUions  to,  be  con/idered. 

Yet  truly  it  is  below  Princes  to  be  unmindful  of  God's  mercy,  and  ^"uTlJff'ai^T'"'  ^'  u  **"'  ("' 
the  Laws  leflbn  to  them ;  and  feldoro  are  they  happy,  that  rcfo-  /*£(./**  t^oUt  ikai*p,ftnmmJo 
lutely  and  through  defign  forget  either  ■,  nor  can  they  by  the  /'"""•<*»•  &c.  <7Wi/«»>«/r  o-$,amu,„. 
drifted  Edifts.or  die  labeled  blinds,  hinder  people  from  oblerving,  USmS^SJu  ffi?™.^ 
when  fo  they  do  ;  but  yet  iffome  Princes  may,  others  recompence 
their  otniffions  by  fupererogations.    Good  King  Edward  the  fird  ob(tr»e  well  this  Law. 

fpake  what  the  mind  of  all  his  good  Succeffours   have  faid,  arid    »Ioto-/-««'-  <">»''/"»».■•  <•  »• 
done,     En  primes  voet  le  Roy  &  commaund,   que  le  peace  de  Saint 
Egltfe&de  laterrefointbiengard,  Sic.     Fir  ft  the  KingwiUs  and  commands,    that  the 
feace  of  Holy  Church    and  of  the  Kingdom  ,  be  inviolably  kept  and  maintained  in  all 
things,  and  that  fuftice  be  done  to  all,  as  we  Spur  as  rich,  Veithiut  refpeB  ofperfons.    Nor 
are  the  actions  of  Princes  fo  eccentriqne,  when  they  are  driven  by  the  greated  and 
mod  enraged  impetuofities ,  but  that  even  then  they  have  many  fparks  of  Juftice  in 
them,  at  lead  are  much  better  to  be  interpreted,  then  popular  infults  or  the  Lordings 
*f  fellow- fubje&s ;  yea,  one  time  with  another  ,    there  have  been  more  Heroicifms 
acted  for  publique  good  by  Princely  fpirits,  theft  other  men,  and  lefs  real  mifchiefs  by 
them,  then,  by  men  of  meaner  origin  have  bin  introduced.  What  may  we  call  the  action 
in  Giovanni  Soranza  the  5 1  Duke  of Venice  his  time,   bat  a  miracle  of  love  to  Venice : 
for  whereas  the  City  and  Territory  of  Venice  had  been  a  long  time,  and  then  was  nnder  Sh*"'i  tfftory; 
the  Pope's  interdiction,  which  caufed  unfpeakable  lofe  to  them,   and  eroded  their  Af-   ^'"'""'^,7J• 
fairs  in  all  parts  of  their  correfpondence.     And  Pope  Clement  took  the  bufinefs  of  Fer~ 
rara  fo  hamoufly,  that  he  would  hearken  to  no  relaxation  ,    though  often  and  earneftly 
folicited  thereto,  but  obdructed  any  further  audience  of  them.     Which  Erandfco 
Bandalo,  a  Noble-man  of  great  honour  feeing,  came  into  the  Pope's  prefence,  and  Jay 
proftrate  on  the  ground  before  the  Pope's  Table ,  with  an  Iron  Chain  about  his  neck 
like  a  Dog,  untilhis  wrath  being  appealed,  he  took  away  that  note  of  infamy  from  his 
Countrey.     1  fay,  what  can  this  be  called  lefs  then  a  notable  indance  of  great  love  to 
ones  Countrey,  which  onsly  could  come  from  a  Princely  fpirit:  which  action  had  its, 

reward* 


2ii  A  Commentary  upon  Fortes  cue. 

reward,  for  not  long  after  he  came  to  be  Duke  and  procured  a  Conflitution,  That 
bis  Country  JhouU  never  l/e  excommunicated  bj  the  Pope,  for  Jnch  likjaSion,  cr  anj 
ttber  action  whatsoever.     It  follows. 

Et  adhuc  mnlto  graviits  popnlns  tali*  ladcretur,  /I  deinde  peregrinu  Itgibus,  ttiam  ipjit 
for/an  exofis,  regerentur. 

Inconveniencies  feldom  comcfingle :  when  Princei  are  other  then  they  ought  to  be, 
Lawes  will  fignifie  little  to  rainde  or  manage  thena  ;  and  ever  it  is  feen,  that  as  vir- 
tuous and  pious  Princes  reverence  Lawes,  and  will  do  nothing  knowingly  and  design- 
edly to  the  affront  and  denigration  of  the  credit  of  them,  but  let  the  Law  have  a  free 
paffage,  and  countenance  the  modeft  and  lcgall  averrment  ot it :  fo  the  contrary  Prin- 
ces take  pleafurc  in  nothing  more  then  in  defpifing  the  Lawes  and  making  them  truckle 
under  cheir  Contempts  and  Violations  •  this  the  Chancellour  calls 
,  ,  .         f.  _.     UGopopuli:  and  tbac  becaufc  the  Lawes  are  the  afjlum  and  refuge 

Sit  vs  Imi  urrtr,  fit  Uru  f*nt  fulmtn ;  I     T  T  ,  U  6 

DruimnfMm  Aihenienfis  i//«.  nt^upi  that  Subjc&s  have,  and  if  that  be  no  Inciter  to  them,  they  count 
/fcgiuM  cmfenptAs  w«,  f'*  >>"  vdtm.ut  therafelves  miferable  ^  for  fome  Law  muft  be,  and  if  the  native 
Zl\nd^il%i^ZThl.T''''r.  »*.  Country  Lawes  do  not  rule,  forein  exotique  Law  muft-  and 
p.  14«.  that,  the  Prince  is  brought  in  acknowledging  too  heavy  for  their 

ftomachs  to  bear.    Nor  have  any  Princes  well  advifed  ever  endea- 

&Mdfim  imtr.Uni.um  !*■<£«•  «mhm  ^  fo  fa  .  ■  d  ^    .     ^  j.         eye    fa 

terns  dtdmtnt,  fi  nuanttm  tumi  &  miliurt  r  *      .*        •    •         •       .  ••'  r  !•  J   i      * 

*/«/**.  v4mJ«  wMiimbm.  t*nt*m  done,  flgainft  Laws  introduced  in  rivalry  wuh,  or  iuperfcdal  of 
cur**  ni  icmpMcun  c„£n,fcindam  im-  t^r  Country  Lawes :  and  Princes  are  never  fo  accomplished  for 
Zi%h*i™  °C  °' '' "*'     tbcir  Governments,  as  when  they  make  the  knowledg  and  skill  of 

right  conducting  their  publiquc  affairs,  the  that  of  their  Excel- 
lency. Which  that  brave  King  Edward  the  firft,  then  whom  no  man  was  more  fad  in 
Counfel,  freeinutterrnce,  fecure  amidft  dengers,  cautious  in  profperity,  conflantin 
adverfity,  this  Prince  I  fay,  whofe  Juftice  made  his  Lawet  renowned,  and  yet  conti- 
nue for  the  meft  part  to  this  day ;  He  was  a  great  Admirer  of  the  Lawes  and  dircfted 
iWeftm.  j  in-  them  to  the  good  of  the  Kingdom,  as  he  exprefles  in  the  Aft  j.  Regni,  Out  noftri 
ftit.  f.  iy».  Seignior  le  Roj  ad  graund  volant  et  defire  del  Eftate  de  [on  Realm  rcdrcfer,  &c.    For 

thereby  (hall  they  underftand  at  the  firlt  hand  what  the  people  love  and  hate,  wifh 
and  fear,  are  pleafed  with  and  grumble  under  •,  and  by  this  (hall  they  make  the  Law 
their  Guide,  and  not  liften  to  forein  Guifes and  Cuftoms,  which  are  often  more  dan- 
gerous then  advantageou s to  them-,  yea,  faving  that  mutuall  Correfpondence  that 
Nations  have  each  with  other,  and  faving  that  neceffary  pa  fa  and  repafs  that  men  have 
to  and  from  every  part  of  the  world,  wifdom  of  Government  has  exterminated  forein 
things  as  much  as  civilly  could,  efpecially  in  Lawes  Preferments  and  Fafhions.  Not 
but  that  there  may  be  good  ufe  made  of  fome  forein  and  unwonted  things  when  urgent 
occafions  require  them,  but  to  preferr  them  in  love  and  efteem,  becaufc  forein,  ha* 
been  ever  avoided  by  wife  Princes  •  yea,and  that  becaufe  they  arc  execrable  in  Natives 
eyes,  who  generally  love  their  Country  ufages,  Cufloms,  Lawes  and  Fafhions,  with  a 
zeal  that  fpeaks  a  kinde  of  fcornofwhat  is  unlike  or  contrary  thereto,  that  look  as  the 
rotR«i«  in  Uj.  Athenians  were  fo  zealous,  that  they  enjoined  a  feverc  punifhment  to  any,who  being  a 
De  ver/.'Vignif.  danger  took  benefit  of  their  Law,  by  an  Actio  peregrittitatk,  which  brought  the  Of- 
fender firft  into  Bands,  tbea  caufed  him  after  proof  thereof  to  be  fold,  and  that  at  fo 
sigonius  ny  De  high  a  Rate,  that  his  Buyer  fhould  vfe  him  cruelly  to  have,  as  we  fay,  his  Penny-worths 

Faftu  &  tilump.        °     c  ■  .        '       j   ,  „■'._.  •••»/■   -\2  J    ■ 

•K°m.f.i74.        outotnim-,  and  Lege  Papta  Forciners  were  to  quit  Reme-,  loin  France,  Spatn  ana 
chowi*us/iKi.  all  Countries,  Strangers  and  their  Influences  are  disfavoured  by  their  Lawes,  iSChop- 
F,canJ£™"'*     yintts  has  collected  to  my  hand  the  Inftances  thereof-,   and  all  Nations  looked  upon 
De  bonu  ad»e-  ftrangers  ( other  then  upon  travail  and  bufineffe )  with  no  good  eye,  bnt  madethem 
nawm.  f.  99-     uncapable  of  publique  offices,and  with  us  the  Chronicles  tell  us  the  complaints  againft 
them  and  the  Domination  of  them  in  H.J.  time,in£.3.timc,in  H.  8.  time.in  which  they 
have  been  ever  forward  by  their  Counfelsand  Afllftances  to  further  unufual  and  illegal 
courfes,and  for  it  have  been  Exofi. Notthat  our  Nation  is  naturally  uncivil, but  becaufe 
hath  found  the    experience  of  it ;     and   therefore  the  Text  joincs  to  ptregrinu 
xii°iisM»,%/).  Legibus  exofis :    fincc  even  all  unufuall  and  not  beloved   things   have  been  ac- 
counted 


A  Commentary  «pwFortescue.  %\i 

counted  forcin ,   and  thence  in  our  Chancetlours  words  Exofi ,   that  is,  perfectly 

hated  ;   hated  as  Dtvi.l  did  the  haters  of   God  with  a  hatred  TV 73n    0j  cempleat-  t/W-i'ij  h  -» 

»«■/}  <«*s/  univerfality ,  at  all   times  in  all  degrees  ^    .£«££*  Z><«w'<i  expounds  it  by  Pa<nir. « 

magno  odiot  into  maxima  edit  odl  itlos,  fo  is  the  fenfe  of  Exofi  among  the  Latins,  the  vhl- 

Prepofition  ex  adding  vehemence  to  the  notation  of  the  word,  to  which  prefixed. 

Thus  in  the  very  word  Tholoftanus  ufes  it,    Nome*  Regis  Romanis  fummopere  ejfet  symagm.  jiai 

exofnm,  and  in  the  like  words  other  Authors,  fo  Tumebus  notes  Pliny  toufe™:-  ''*' I8-  C1-Tit- 

albiins  ;   andP»/»4«on  that  paffage  of  Suetonius  where  Caligula  is  faidto  bepallido  Advoifar.  ia.  2%. 

ccLre,  tranflates  it  expallido,  adding  exenimprapofitio,  vim  &  poteflatem  vtrbi  ampli-  C4>°- 

feat,  thus  exanimo  is  rendred  by  perterrere,  exardere  by  v  aide  inflammatum  effe,  ex-  vm'p^sT'idiz. 

arefcerc  by  fole  &  vento  penitus  ficcari,  exaturare  by  that  we  call  a  glutting  a  mans  tylMg. 

felf,   exaudire  by  perfecli  audirc ;  and  fo  our  Text  whenitfaid  ttsqucexofis,  means 

fuch  a  hatred  of  grievous  and  illegal  burthens,  as  makes  Subjects  complain  to  God 

night  and  day  in  their  prayers  for  relief  from  them,  yea  and  fo  perfectly  hate  the  ill 

Counfellours  of  them,  that  they  feldom  or  never  have  better  ends  then  Gavefton  had,or 

then  Michael  de  la  Pool  and  Cardinal  v/oolpy  had,  whofe  high  and  illegal  adirgs  were 

by  the  Lords  and  Judges  articled  again!!  ashioh  and  net able  grievances,  find  iffmees  ■  ».Inftitirc5  «■■«. 

•       r  l  ■ i  /■    /  •  ;  i  r  „  r  it  ■,  Tule    Court     of 

wtsujing, altering  andjubvertingthe  order  ef  jour  Graces  Laves,,  and  etherwi/e  contra-  cfcatrocwy/.  tg. 
rj  to  your  high  Honour,  Prerogative,  CroVvn,   EHate  end  Rcjal  Dignity,   to  the  inrfti-  «*•  i9<*'.i6. 
mabie  great  hindrance,  diminution  and  decay  of  the  univerfal  Wealth  of  thefe  jcur  Graces 
Realms,  they  are  the  very  words  of  the  Preamble  to  them, 


Et  maxime  fi  L'gibs;s  illiseornm  minoraretur  fibftantia,  pro  cujus  vitanda  jatlw 
ra  if  pro  fitorum  tnt:kt  corporum,  ipft  fe  Regis  Imperio,  arbitrio  propria  fub- 
miferitnt. 

This  is  added  to  (hew,  that  as  nothing  difcou rages  people  more  then  not  to  be  an- 
fwered  in  the  end  of  their  loyal  confidence,  fo  nothing  is  more  to  be  admired  in  and  va- 
lued by  Princes.then  the  pradife  of  doing  what  they  are  by  office  and  confeience  bound 
to  do  ■,  thatis,ruling  by  Law  to  the  profperity  of  themfelves  and  their  Subjects.  For  as 
the  Kirigis  then  faid  to  command,when  he  wills  by  the  Law  any  thing  to  be  done  •,  and  J,^',  "*■ 
the  King  cannot  da  it  by  any  Commandment,  but  by  Writ  or  by  Order  or  Rule  offome  of  his  ity»/<««m  »/  tin 
Courts  cf  Juftice,  as  Sir  Edward  Cecils  words  are-  according  to  which  the  Statute  J*fc",oco  P«- 
Marlbridge c.  i.fayes,  Dominus  Rex  de  aliquo  contempt h  Jibi  illato alium Judicem  in 
regno tju«m  curia fuah/.bere non debet  ;  fothe  King  is  then  faid  to  ad  like  himfelf  not 
onely  to  his  Subjects,  but  even  to  his  own  fouls  health  and  happinefs,  when  he  does 
what  he  does  precifely  according  to  rule  and  prudently  according  to  fcafons:   for  this 
is  that  which  will  belt  comfort  him  in  his  (icknefTe  and  death,  Th.it  he  ha  walked  up- 
rightly before  God,    and  dene  that  ythich^as  right  in  his  fght ,  yea  if  a  King  fhould  put 
the  day  of  death,  as  a  day  of  evil,  far  from  him,  and  fancy(as  Imayfofay)  atem- 
poral  Eternity,  generous  and  patroniqueadions  to  Subjeds  are  the  onely  way  to  ac- 
complish it.     Augufltu  made  his  Sub  jtds  happy  and  rich  by  governing  them,  WAa< 
ajot-ffiia*;,  according  to  Law  and  prudence-,  looking  upon  them  as  reafonable  Crea- 
tures and  treating  them  with  no  more  rigOur,  nor  no  lefs  goodnefs  then  the  paternal 
Charity  and  Magilltatique  care  he  was  to  expreffe  towards  them  required,  and  this  fo  xiphilinui  Epi- 
abatedthefowernefsofthe  Remans  againft  Soverzigncy,  which  before  they  were  pre-  j0!"'.,?'^"' ufo 
judiccd  againft,  that  they  by  decree  of  Senate  thought  fit  to  truft  him  to  doc  even  what 
bepleafed    jreow?  &fi  fi/atfitiyiiuty'lK.  That  he  fioxld  be  abfolved from  the  Band  cf  ldera  F-n>7- 
Law,  and  that  he  might  do  and  nit  do  what  he  Would.     For  fnce  the  end  of  Society  is 
prefe^vatior,  and  of  the  heft  Society,  politique  Monarchy  is  to  render  the  Subjeds  of 
it  happy  and  fecure,   which  our  Text  makes  to  confift  in  that  by  which  non  minor atur 
fubfianti.-,  and  in  that  which  furthers  corporum  tutelam,  there  is  good  caufe  for  princes,  rm""'  Illla 
as  ours  (blefild  be  God  and  them)  moftly  have  done  to  regard  the  effedingbf  this  com-  fr,,lcip^HTd,Tfio. 
iron  and  commodious  intent.    For  the  nature  of  Subjeds  is,  let  them  but  be  free  in  ««'  *'  v«"*  R°- 
theirpe-.forsfrcmflavery,  and  enjoy  their  fortunes  according  to  God's  blefiing  upon  ™™™J/',Z 


their induftry,  and  the  Lawes  fixation  of  them  in  it,  and  they  will  not  onely  loyally  drfidtnrem.  Eg- 

nofl  deferring  Dai  ling  of  their  hearts,  but 

arid  his  dominion  and  regalltftfeon  their 

Q^  q  fwords- 


obfqve  and  cry  up -heir  Prince  as  the  mofl  deferring  Dai  ling  of  their  hearts,  but  "".'y^**^**" 
will  bcarup  his  pcrfon  on  their  fhoulders,  arid  his  dominion  and  regall  title  on  their  ««,  syiWug' 


iiq.  ^Commentary  upon  Fortescue. 

which  I  dare  call  fo  great  a  wcaknefs  and  vanity  in  them,  as  deflowrs  the  merit  of  all 
their  other  excellencies.  Nor  do  I  believe  there  is  any  true  art  in  any  mm  that  envies 
the  good  eye  of  God  on  others,  in  making  them  inltruments  of  addition  to  men  and 
agciScier.ee.  Yea,  I  knowtherccan  no  inglorious  principle  raife  men  that  write 
to  deny  themfelves  the  pleafure  oi  life,  as  they  muft  therefore  neceffarily  do,  if  they 
were  not  excited  to,  and  kept  in  the  refolimon  of  it ,  by  that  inclination  that  virtue 
works  to  beneficence,  and  that  teftimony  they  would  give  to  men  and  times,  that  they 
.  dj^flotliveunprofltably,  as  all  they  do,  that  die  in  pcrfon ,  and  bear  their  Learning 

?Fs"*«m*!sb'  out  ofthc  World  with  them.    And  for  my  part,  I  think  Tacitus  his  commendation  of 
qHenitt.qmU-ui-    fjaterius ,  to  be  as  much  a  reproash  as  eulogie  to  him.     Haterius  (  faid  he  )  5?<f  a  Senator 
*mm!l'a"s<m!'    by  family  and  wifdomt  noted  for  eloquence  in  ff  tech,  but  dicdinttftate  as  to  any  Records  of 
,]»,  kauH  finn&t  it.     fv'hdt  the  Age  he  lived  in  Accounted  hint  jx&s  more  Natures-bounty  then  his  cAre  •,  for 
rnmtntHr.  fiiiutt  [;e  jjj  A[[  m  thcfudd*in,  as  inconfidering  AJter-times,  fo  becomes  his  immortal  wit  mortal ' 
'%!*»wf"mie-  and  the  main  of  his  Elequtncc  inaudible  to  us.     Thus  fell  it  out  with  Haterius,  and  thus 
b<u;MH»,  ttnnm  will  it  fall  out  with  thofe  "negligent  and  incontributive  fouls,  which  trcafure  up  ( Mifer- 
SrS&£££-  ,ikc)  for  n°  PurPofe»  but  to  be  faid  to  be  learned  ^  N»t  confidering  ,  that  there  is  no 
fin,  fie  H«terii  ,   wifdom  nor  ceunfel  in  the  CrAve  tyhither  they  go  •,  and  that  it  is  a  kind  oi' fc  If  felony  to  ab- 
etMmmUimd  a-  brcvjatc  the  life  of  God's  gifts  in  them  •  which  they  do,  that  make  themfelves,  though 
c«f"7/jw'M  learned,   die  and  be  forgotten,  who  by  their  Works  of  Learning  would  live  as  long 
.xunstunefi,      perhaps  as  Homer-,  or  Virgil,  or  any  Authours,  which  do  out-latt  Lands  and  Con- 
abmU*.*.        quefts,  Families  andlflues.    This  prcmifed,  I  return  to  our  Chancellour,  concerning 
whofe  learned  Work  the  Prince  is  produced  in  testimony.  And  that  to  which  he  fpeaks 
istothisaffertion,  that  the  Power  of  both  abfolute  Kings  ,ar.d  Kings  by  politique  con- 
fiitution,are  equal  ■,  notasthey  arc  in  a3uexercitey  for  fo  they  do  evidently  differ, 
but  as  they  are  in  aEIu  frimo,  that  is,  as  they  arc  proper  exercifes  of  power,  for  power 
as  defcending  from  God,  and  a  Ray  of  his  luftre  accompanied  with  Jultice,  are  in  Con- 
fort  with  Equity,  which  environs  and  eircumvallatcs  it.    And  as  God  can  do  nothing 
but  what  is  juft,  becaufe  every  thing  that  is  in  God  is  God,  and  every  thing  that  pro- 
ceeds from  God  is  as  God,  good  and  holy  and  juft  in  us  caufe  and  foundation  :  fo 
z>trivMiv*pitf  every  proper  aft  ofPowerfuppofing  an  ordinatenefs  to  a  good  end,   and  by  right  and 
"fnfmioZc'uZ  fuitable  means  thereto,  cannot  exceed  the  bounds  of  fuch  reftraint,  without  aforfei. 
trmmva.KtS.     ture  of  its  nature  and  denomination ;    which  makes,  that  vice  and  excefles  are  no 
jum.  i  inftir.      proper  expreflions  of  power,  but  rather  privations  of  power,  fin  having  defaced  the 
JmageofGodinMan,  and  rendred  him  naked  of  that  ability  and  exercife  of  a  right 
undcrftanding,  and  aconform'dwil!  to  the  rule  of  reftitude,  and  ftandard  of  power. 
For  the  abufion  of  power  in  its  converfion  of  it  felf  to  one  mans  accommodation,  with 
the  injury  and  vexation  of  millions  of  others,  as  well  the  Image  of  God,  as  that  one,  is 
not  the  true  tendency  of  power  ^  nor  docs  dareformam  to  power,  quifuch;  bucis  ra- 
ther theabfence  of  power,  in  which  Luft  and  lawlefsnefs,  as  Mafterof  Mif-rule,  rants 
and  rages  to  an  txcercbratiex,  which  is  the  reafon  that  Laws  of  modification  are  taken 
in,   toqualifiethedinemperoffurprifcdpowcr.    For  if  the  foul  of  man  were  emanci- 
pated by  virtue,  it  would  not  need  any  regulation  or  monition,  befides  that  of  its  in- 
ward Tribunal }  which  becaufe  fin  does  ufurp  upon,  has  fome  relief  from  thofe  extern 
adjuments.    Otherwife,  foppofe  a  Prince  fo  tender  confcienced  as  Dav id  was,  when 
himfelf,   that  he  durft  not  cut  off  the  lap  of  Saul's  garments.  Suppofe  his  heart  fo  (ok 
and  flexible,  that  with  fofiah  he  melts  before  God,  and  dare  not  abide  the  hearing  of 
the  Law,  which  fo  reprefents  his  own  fins  to  him,  that  he  is  afhamed  to  make  his  re- 
turns fo  unfuitable  to  God's  indulgencies  to  him.    Suppofe  a  Prince  fo  chafte ,  as  was 
retrained  Abimelech,    and  upright  Samuel,  in  whom  there  was  no  immorality  vifi- 
•    ble.     Here  the  great  indulged  power  to  fuch  a  Prince, would  be  no  other  then  what  ex- 
prefTed  it  felf  in  juft,  holy,  and  good  aftions,  becaufe  the  power  of  them  is  in  being  and 
full  oriency  in  the  foul :  but  when  the  inundations  of  juftice,  kind- 
*i,n,  ergo  v«dciK'ti>re*i*m,t,  H«.  fit  in    nefs,   and  equity  breaks  out,  then  is  not  the  heighth  of  power  to 
pump  ptefia,  mn  n-a  me  Ucbii  Hncj«*m    be  accufed,  but  want  of  power  by  a  prevalence  of  weaknefs  asainft 
2ffi£2£tIiS5ftSL£     ic-     Mfa™  as  mighty  a  Monarch  as  ever  was,    hi.   Will  was 
nonu  umitiims  incMHr.  covanimas,  m.j:    the  Law  with  Ifrael :  yet  do  we  not  read,  that  ever  he  did  that  to 
v»r.teibiut.  i.t.f.iti.  Jjratl  that  they  complained  of  (  excepting  onely  in  their  petulant 

and  frenzy  fits )  and  the  reafon  was,  he  propofed  to  him  felf  no  by- 
end; 


^Commentary  upon  Fortes  cue.  215 


'.entiam 


end-  no  fdf-aggrandization  to  lacquy  whereto  ke  was  to  exprefs  lubricity  and  weak-  ^rf.^„  .„, 
nefc.    Tbis  is  evident  not  onely  in  bcripture^  in  the  example  ot  fofeph,  who  had  dpi-ysum*  p«i«  j 
portunity,  and  probably  perfonal  power  enough,  to  have  unlawfully  enjoyed  his  Mi-  r"^mu'J^n 
ilrifs;    but  becaufe  God  brought  into  the  prefence  of  his  mind,  tamper'd  with  by  her  ™,  "„' a'im. 
fond  iolicicr.tions,  the  power  of  integral  nature,tel!ing  him  it  was  an  immorality,  which  ?""*•"  •  /"»#»- 
he  as  a  roan  was  not  to  hearken  to,  and  a  turpitude,  which  as  a  Saint  he  was  to  defie ,  ™2t  ^J™,*" 
his  Miftrifs  rtfted  untouched  by  him,  notwithlbnding  all  her  relignationtohim.     For  &*tit*  d«*m 
though  true  it  be,  that  God's  reftraint  on  men  be  the  iuperadded  Curb  to  exorbi-  »e?»07?^/. 
tancy-  vettiuealfoitis,  that  there  are  laid  from  Nature,  though  lapfed  according  £*.'"  s™1^" 
to  the  good  Conflituttons  and  habits  of  iome  men,  or  the  particular  extemporary  or  fior.  Dewa. 
premeditated  R  efolutions  of  others,  fuchreftraintsvif.bleandemanant,    as  make  the  Animal.^.  J7. 
opportunities  they  have  to  the  contrary,   fruftrate  to  all  ends  but 

thofeofvirtue  and  power,  at  in  contradiction  to  turpitude.    Thus     *'A/^i/  %$»,  rU  a.£?a.<vm;- 
though  Tarquin's  weaknefs  may  force  Lucrece  ;   *  yet ,    AUxan-     co.v\i<    -i&l    ywajKav    »7?*35  , 
der  his  power  over  his  pafiion  may  prefervc  Darius  his  Wife ,  and     D'^*m  Al«aHd«  t*d stobxum.scr*.}. 
Mother,and  Brother,  though  under  his  Martial  power.  And  though     ilntaidms  h  Aiexandto.^ .  «s». 
AttiU  may  come  with  fire  and  fword ,  and  falvadge-like  devour 
Countrey*v  yet  an  Antoninus  may  prefrrvehisConquefts,  and  do  the  conquered  no 
harm  but  good.    While  a  Beltefha^znr  may  riotoufly  drink  in  the  bowli  of  the  San- 
ctuary, a  Cyrus  may  prefervc  God's  intereft  intcmeratc  •.  UiytKe^x'**  Jihrir,  Sic.  Ariftot-  Lih-  Dc 
'Tit  (faith  the  Philofopher)  a  main  ividrnce  if Magnanimity ,  net  onely  to  bear  allconiiti-  sloti'um!  stm. 
ens,  but  not  to  admire  delights,  applaufes  ,p <oy?cr,  nor  lift  uriitu  face  e$cst  but  to looi^upon  to6- 
cues  felf  as  concerned  to  do  more  noble  alts,  by  hw  much  the  greater  opportunities  we  have 
to  tffett  them.    For  the  maftery  of  Nature  in  her  unjuft  poitulations,is  the  true  fpecimen 
and  evidence  of  power ;  Vices  and  effeminacies  are  but  privations  in  adjello,  the  ab- 
sences of  impedtents ,  and  the  prefence  onely  ot  what  is  a  member  of  the  confpiracy.  trhttio^umm 
And  this  is  the  reafon  why  abfolute  power  is  fo  formidable,   becaufe  it  has  the  ternpta-  "?g'J**rr°?r  ^" 
tions  of  almoft  impoflible  refafal,  unlefs  there  be  a  rcfolution  of  dethroning  felf  in  the  "mwji'nSL'X 
irregularity  of  its  abfolutencfs.     Nor  will  any  man  in  power  be  good  in  his  office,  ex-  ("five™"  M" 
cept  he  refolve  not  to  make  the  King  tf  France  revenge  the  quarrels  tf  the  Duke  tf  Orle-  ^mfXla^T 
ans.    Cafar  Borgia  that  could  not  command  his  revenge,  but  aft  it  muft   againft  bis  f""""»  «;«« 'ft 
neareft  relations.     And  Herod  that  had  no  power  to  abftain  from  Hertdias ,    nor  to  £j^*'°"  s™£us 
deny  her ,    though  (he  fenfually  by  her  Daughter  asked  the  head  of  the  fecond  braveft  /"»«•  ?«  ?""" 
m2DofthcVfirid?ohnBaptift.AlphonfoihatKingoi]yfip/i-stwho  never  made  men  fair 
weather  and  good  chear  but  betray'd  them,  munhered  AmbafT.idours  againft  the  Laws  ^""''^t,- 
of  Nations,  fparing  none  whom  to  ruine  was  bis  advantage,   forcing  Subjects  to  fell  '>y.p-  :oJ. 
their  commodities,and  buy  them  again  of  him  at  his  own  rates  •  fell  Church-?  atrime- 
niesxojews,  and  count  Religion  a  thing  of  nothing.    Men  and  Princes  that  do  thus 
are  no  Princes  of  power,but  veffels  of  weaknefs.     For  let  their  Titles  be  nevf  r  fo  abfo- 
lure,  yet  powerlefc  Princes  they  will  evidence  themfelves,  that  thus  are  vaffals  to  Lufts, 
andimporenciesoffoul,  privationes  i»adjec~loy  fuch  privations  of  true  power,  as  no 
privation  befides  it,is.     Agejilaut,  King  of  the  Lacedemonians,  being  asked  what  were 
the  chiefandmoftrequifite  qualities  of  a  King,  replyed,  ^i(  j£  T»(  *r>i<<fxh<  mtpZr ,  P|Uurctfu.  ,v 
&c    Courage  againft  Enemies,  Kindnefs  to  Subjeili,  and  Reafon  in  Counfel  to  improve  Bk  »nSni»dmi- 
epprrtunities  aright,  and  not  to  go  againft  the  intent  of  Provident  in  them.    And  the:e-m^'re^',i' 
fore  the  Chancellour'saffertion,  that  both  the  Regal  and  Politique  King  are  equal , 
amounts  to  a>truth  •  not  onely  as  both  of  them  are  equally  from  one  Fountain  GOD 
andteoneend,  fVSTlCE;  butalfo'as  the  power  oftheabfolutefti*  Dutfuch', 
while  it  keeps  within  jufr  bounds  •,    nor  is  the  expreflions  of  the  Regal  Politique  King' 
though  never  fo  reftrain'd  lefs  chen  pewer,  becaufe  it    afts  in  conformity  to  the  Law 
of  its  inftitution,  which  is  to  the  prefervation  of  the  Prince's  own  Confcience  from  vio<. 
lation,  and  his  Subjects  bodies  and  goods  from  oppreffion  and  in  jury.wbich  the  C  han- 
ccllour  commends  in  all  Pfinces,  to  love  and  value,  confidering  the  end  of  power, 
which  is  as  it  follows. 

«S*m,  fit  dicit  Boetius,  Potentianoneft  niftadbonum, 

This  Sentence  out  otManlius  Sevcrinus  Boetitu  is  much  to  be  regarded  as  well  for 

the 


218        A  Commentary  upon  Fortescue. 

the  truth  of  it  as  the  authority  of  the  Authour  who  was  a  mofl  noble  Riman  Senatour,  - 
for  learning  ind  a.  t  the  glory  of  his  age  and  time,  which  was  under  the  Empire  of 
Zeno,  Th-.odirfck^hc  triumph int  Gcth  h.id  fo  great  a  value  of  him,  that  he  knew 
not  how  (as  he  though:     co  write  enough  of  him,  jQnatcun^ue  difciplinas  vel  arte* 
CiKolo:.'j*rUr.  fac^  Gracia  per  fiugeUs  v  ros  caidit,   Tc  uno  Auihre,  patrio  ftrmont  Roma  fufct- 
M.  i   fcP'!  •**-  ^  are  the  leift  of  his  words  to  him:  yet  even  this  incomparable  Pttrieian,  whom 
any  man  but  a  Goth  would  have  valued  as  a  nonc-fuch  ( agnofcant  per  1 1  extern  Genres, 
talrsnoi  habere  nobiles,  ej"ales  hg  ntur  Authors, pit  the  Goths  very  words  •,)  even  this 
,  man  was  wi.h  Sjmmachtu  his  1  a.her-inlaw  a  Patrician  too,  and  many  others  oi  right 
i*ilm  PotlTi  />.  virtuous  parts  and  noble  Extraft  banifhed  Rome,  and  after  Phi  to  death,  upon  hart  Juf- 
soj  ua  pictsn  of  in.  Un  ng  to  Rome's  Bnfranch-.femtnt  v  or  as  Murme lius  has  added  toit,  Be- 

^tZJl^T  CAwfe  he  was  bold  againfi  Arianilm,w;'zfc  which  theEmperonr  VfAt  tnfiiled  and  Plague-pck 
ina.i.m  Wr«-    0f;  which  quarrel  purpofely  picked,  and  offence  unjuftly  taken  at  his  learning,  elo- 
t:irv.iu  vmi,c»    qU'ence  anQ  integrity,  endowments  too  manly  to  pimptobafe  and  illiberal  Projcfts, 
"u»  *X  s  oe  robbed  the  world  of  his  excellent  life,  and  that  Orb  of  the  luftre  of  his  tranfeendencies, 
ioc.  mode.     whom  Julius  Martianus  Rota  in  his  Prefatory  Fpiftle  to  his  works  doth  more  at  large 
io.VrervW.iij    fet  forth,  and  Murmelius  alfoin  his  Prolegomtna,  this  was  the  Authour.    The  fen- 
c^n.  U70.         tence  here  out  of  him  quoted  is  no  lefs  ennobled  by  its  allyanceto  truth,  then  to  him 
the  uttercr  of,  'as  no  doubt  out  of  his  Books  De  Ccrf4*tione  Philofophix, which  he  wrote 
when  in  Banifhment  ziTicinum,  five  they  are  in  Number,  according  to  Tulifs  five 
Books  De  Fintbus  bonorum  &  malorum,  and  though  all  his  large  Volume,  on  Parts  of 
impreft.  BsHiii  which  Murmelitu,  Agrictla  and  Porretas  have  commented,  are  Manifeflo's  of  his 
sA<m.  is7»Htn-  tranfcendent  learning  and  moft  Chi iftian  Accomplifhment  •  yet  his  Books  Be  Confi- 
i.cfccct.  intone  Yhilofuphi*  are  the  flower  and  dainty  of  them  all^  and  though  he  was  put  to  death 

•     about  the  year  Ann.  524.  after  Chrifi,  yet  do  they  lurvive  to  render  him  remembred 
even  to  this  day.     1  confefs,  yet  1  have  not  found  the  very  words  here  quoted  in  him, 
TnfifecH»<u  lib    Dut  |  navc  found  what  confirms  them,  Extrema  vera  eft  fervttus ,  cum  vitiisdediti  a 
ratio  nit  propri*  pojfeftone  ceciderint.    For  he  finding  that  power  originally  God's  and 
part  of  his  tffence  is  not  exercifed  by  him  but  to  the  good  purpofes  of  Creation, 
Confervation  and  Glorification,  and  knowing  that  the  trufts  of  power,  his  peculiar, 
which  he  graces  men  with,  is  in  or  dine  adbtnum,  and  isonely  fuch  while  it  is  fo,  and 
when  it  is  not,  ceafes  to  be  power  and  is  the  privation  onely  of  it,  and  as  it  were  a 
nonets,  no  creature  of  God's,  no  derivative  from  him  but  an  nfurpation  of  mans  upon 
thepermiffionofGod,  as'  may  fo  write.     He  I  fay,  knowing  this  and  that  by  the1 
fad  experience  of  his  own  furfeing  under  the  undeferved  rage  and  implacable  fury  of 
Thcodorick^,  who  was  .onely  powertull  in  the  multitude  of  vices  concentring  in  his 
foul,  and  rendrmg  the  faculties  of  it  weak  andoppofire  to  good,  gives  this  Monition 
to  him  and  to  all  men  in  condition  like  him,  that  there  is  no  power  but  ordained  for  good : 
And  therefore  thit  either  great  men  muft  be  good  and  ufe  their  greatnefs  to  promote 
goodnefs,    and  difcountenance  the  contrary,   or  elfe  they  have  no  power  in  them  ; 
for  that  is  onely  to  good,   which  vice  and  truculency  is  oppofite  to.     And  hence  he  in- 
ferrs,  that  to  be  able  to  do  wickednefs  is  onely  the  power  of  fenfuality,  which  being 
proper  to  bcaftsis  unproper  to  men,  whofe  power  is  ordinatcd  onely  to  good. 

^ho  p'ffe  maleagere,  %t  potefi  Rex  regaliter  regnans,  liberies  ejuam  Rex  folic  ict 
dominant  populofuo,  potius  t jus  poteftetcm  m\nuiti  qu am  augment at. 

Thisfentencefappofes,  that  the  more  Princes  are  left  to  their  wills,  the"  more  tem- 
ptation have  they  to  inordinancy  ■,  and  the  more  invitation  they  have  toit,  the  more 
probability  have  they  of  furprife  by  it  ■,  and  the  more  furprifed  they 'are,  the  lefs  will 
they  boggle  at  the  Cn  and  folly  of  the  luft  that  vi&orsthetri;  which  danger  fo  really  pe- 
rilous to  the  intereft  of  God  in  us,  he  layes  down  more  pro- 
.  bableto  feduce  and  prevail  upon  abfolute  Princes  then  politique 

WSSatSTSSat    ones.     And  then  next  he  concludes   that  the  prevalence  of  fuch 
itmtntMi,  yivf  pasiptminii  b*t»it,  fid  rt-    temptation  is  fo  far  from  declaring  the  effefts  of  it,  the  creature  of 
lu-.aiu&Mdijtu,  „*  ,nfl*tu  itt.  & ■  «■«-      p,,^,.  an(j  expatiating  the  fame  of  him  for  it,  that  it  is  on  the 
«■•  fiiu,  Guiieim  pajfienfis,  Deunireiio    contrary  an  argument  not  to  be  refuted,  ot  impotcncy.inthefoul 
r-orwfnm*,*.  S9.  P.  »sl.  wherein  Vice  alone  has  the  Command  ,  and  man  being  under  the 

Tyranny 


A  Commentary  upon  Fortes  cue.  iip 

Tyranny  of  the  Beaft,  the  body  is  made  anon  ens  as  it  were  to  all  impeding  of  this  M*iK1M,m0. 
abuGon  of  power.     And  hence  it  is ,  that.  I  am  fo  far  from   fearing  mentor  their  lfc'Zl's'ZL^ 
Fortunes,  Armies,  Titles  ,  Favours  in  the  World ,  when  they  are  vicious,  that  I  fa^md^g^v. 
cannot  but  dcfpife  their  fury  as  weakness ,  their   favour  as  danger,  their  gi.es  as  u,J"^"mUb 
poyfon  to  integrity  ;  and  conclude  them  in  the  Hell  of  mifery,  while  in  the  heighth  +.  De  c.vu  Dei'. 
of  their  jollity,   and  amidft  the  pomps  and  gaities  of  their  Attendants.     It  was  c-  »•• 
a    brave   Character    Eutropius    gave  Antminus  Pi*f>,  *?&  ny.vi<  (uv  h,  &c.    A  Eutropias, w.  7. 
mrji  boneft  man  he,  while  a  private  man  Veas  ;  but  more,  if p'ffiblet  then  an  homjr  man.he 
was  when  in  the  Empire  :   then  he  was  as  good  as  all  the  opportunities  to  goodnefs  co:  Id  make 
him,  and  no  more  evil  then  the  prefence  and  predominance  of  virtue  would  permit  him.  (jh 
there  is  no  virtue  more  Kingly,  then  generous  greatnefs  of  mind,  and  Royalty  of  Hu-  spoifvrood.f.3r. 
mour.    Malcolm  the  third  of  Scotland,  was  famous  for  this  •  fo  was  King  fame  s  in  the  />»♦*. 

Cikoi Bothwel:  and  fo  was  the  late  King  Char!es,v/hok  words  were  ;  For  thofe  that 
repent  of  anj  defects  in  their  dut j  towards  me,   as  J  freely  forgive  them  in  the  word  of  a   c.l7Io  h-.  hed 
Christian  King ;   fo  I  believe  you  wiU  find  them  trr.ly  zealous  to  repay  with  intereft  that    r'ince  ot  VaUt, 
loyalty  and  love  to  jsut  which  was  due  to  me.     So  again,  I  have  tjfcredAUs  of  Indempnity  °a"g„"°W  50Te: 
and  Oblivion  to  fo  great  a  latitude,  as  may  include  aU  that  can  butfufpcH  themfelves  to  be 
any  ^nystbn^xious  to  the  Law,  and  which  might  ferve  to  exclude  all  future  fealeufies  and 
insecurities:  I  would  hate  you  always  (  meaning  our  now  Soveraign  )  propenfe  to  the 
fame  way:  when  ever  it  Jball  be  de  fired  and  acceptedjet  tt  be  granted  :  and  fo  bleiTcd  be 
God  and  the  King  it  has  been,  net  cntlyasan  Act  of State- lolicy,  but  of  ChriflianChg-      c.%7: 
rity  and  choice.  7  hus  that  brave  Prince  made  good  his  power,  in 

Bo'etius  his  fenfe,  Pctentia  non  efi  nift  ad  bonum.     And    that  the     ^tarur^idftuj^fii'eiifirifmm^i. 
greatelt  Monarch  in  the  World  is  not  great  in  his  actions  of  law-     ™  i*i*»*  >•*/><■««, i«™  t»mi,min*ur 
left  cruelty,  and  ngorous  feverity,  but  in  his  virtuous,  kind,  and    ^XT^^}££$ 
conkionable  exprcllions  of  the  power  God  has  given  him,  which    fitam,*.t. chirm  z^.Manichxi. 
he  fo  far  benefits  himlelf  and  others  by,  as  he  makes  them  good 
and  happy,  by  his  example  and  exercifc  of  it :    Nor  needs   fuch  a 
Prince  to  be  limited  by  Law  to  do,  whb  voluntarily  limits  himfelf  by  that  Law  which 
he  allows  in  his  Government,  as  the  common  direction  and  rule  to  all  perfons  5   and  to 
the  obfervation  of  which,  he  holds  himfelf  obliged  in  Juftice  and  Prudence.     And  hence 
is  it,  that  all  the  happinefs  that  lawlefs  and  injurious  Power  promifes  it  felf,  is  but  in 
Parifienfis  his  words,    Somnia/isftlicitas,   the  power  of  fancy  and 

opinion ,    'tis  no  real  power ,  becaufe  it  is  power  which  leads  to     Stmma,i,ftticiU!  lx  ^cftl,lmtxima  mu 
mifery  ^  finceby  the  love  ofit  as  irregular,  a  man  is  made  more  and    fin*  '*■  *»**  ?«.  mag » am*t  iwum.tn*. 
more-unable  to  coodafTuefcency  in  evil  making  it  natural  to  him     S"<*?<»  'ft  »  «.  &  »»r>firv*,  >tfiuS 
and  lmpollible  tor  him,  without  extraordinary  power  from  God  to     cap  10  De  i*.if>us.  f.iu 
be  recovered  from  it.  .  And  hereupon  it  is,  that  all  the  mif-em-     c>»fiutudin*u"hahtiu  <»«/<#«>«  ./>«•»»» 
ploym^ntsofGod'sfavourstomen,  (and fach  they  are.when  by    X&*£&£&£Z 
them  diner  vice  is  done  to  the  giver,  and  as  far  as  in  the  receiver  is,     'i**.t-t*». 
a  real  defignagainft  him  managed)  are  not  onely  fins  in  God's  ac- 
count, but  real  weaknefles  in  their  own  nature,  becaufe  arrived  to 

be  whatthey  are  by  the  inactivity  of  the  true  prefence  and  power     JT  JttXffitt2f 
ot  virtue  in  them.     For  as  that  of  the  Schoolman  is  true,  thatall    ».i./.io*. 
virtues  in  glory  will  be  in  aft  :  fo  is  it  in  a  fenfe  true  here,  that  all 
power  of  virtue  will  be  active  in  a  virtuous  mind,  while  virtuous  it 

is,  and  deferres  the  glory  of  being.and  being. accounted  fuch  •  and     rv'Un"tn">  «»;«»#«  '*»"fi  frF*8*' 
where  the  contrary  is,  there  how  great  focver  the  extern  power  is,     ££*»■<*?*■'•  •**  **■*•♦*• 
there  the  actions  will  declare  no  power  but  weaknefs,  becaufe  fepa- 
ratefrom  virtue,  and  difpofed  to  a  contradiction  thereto. 

Nam  fantti  Spirit  us  jam  confirmati  in  g'cria,    quipeccare  nequeunt,  potent  ions  nobis 
funtcjui  ad  omnc  f acinus  libtris gaudemus  habenis. 

This  is  brought  in  to  prove  the  Argument,  that  the  leaft  power  to  do  good,  is  grea-  p„mumatji 
tcr  then  the  g.eateit  to  do  evil ;  becaufe  power  exercifed  in  well  doing,  acti  properly  maiitiu>*na»i 
according  to  the  inltitmion  of  power,  which  is  to  a  virtuous  activity;  but  power  ex-  jZ'^tmZ. 
pended  upon  evil,  is  rot  power  but  weaknefs.     The  privation  of  power,  which  the  »<"»   put**** 
Chancellour  makes  good,  from  comparing  the  glorious  Angels  with  us  men,  whicti  w^^'"ff-** 

Un 


ii8 


^Commentary  upon  Fortescue. 


jSi.r>*  nihil  on  by  rcafon  of  the  converfe  we  have  with,  and  the  addition  in  us  to  irregularity, 
m^'mu.  a  latitude  of  choice  and  love  (  which  the  glorious   Angels  confirmed  againit ' 


turn 

Iwta 

«U    OUt 

ft»  dtfidmi  cmjw 
emujmt  ra  i»n  ha- 
bits ranlicnlis, 
fiauxU  partii  DC 
Univetfo,f4rt.  I. 

€   t.f.  76*. 


Tartu  ftcnnd*  De  Univctfo.part,  1 .  c.  1 5  J . 

*{uiacttijitnc!itivtl  applicant  animanm  h»- 
manarum  ad  Beam  altifiimmm,  Dtificatio  ta- 
rum  if,  quad  nil  dubmm  cjft  nin  dtbet.  Idem 
t.  Ijl  p.  »+♦. 
?»rifieof.  c.  15). p.  s4«.  r<w>.  t. 


and 
and" 
undefirous  of,  Being  in  plenary  glory  and  under  no  careucy  or  defire  of  wbat  they 
have  not)  are  faid  to  be  and  that  moft  truely  potentisres  nobis. 

This  Claufe  then  is  thus  to  be  confidered.  i .  The  fub  jefts  of  it  are  Spirits  and  holy 
Spirits,  dignified  from  their  ftate-Glory ,from  their  (lability  in  that  ftate.confirmed,  from 
their  purity  and  impeccancyas  a  fruit  of  their  Confirmation,  ptccareneejueynt,  from 
their  endowment  or  priviledge  thence  refulting^  becaufe  they  cannot  fin,  therefore 
they  are  more  happy  and  valuable  then  we  who  can  do  nothing  but  fin,  potentiores  no- 
^£<,u*lis  nit      bis  [tint,  (jui  ad  omne  f acinus  liber  is  gdudcmtts  hubcnis. 

Sse"riJZt™       SanEli  S  fir  it  us.  ]  Thefe  are  the  Angels  not  excluding  the  Spirits  of  juft  men  made 

gcbrum.  Guiiiei.  perfeil,  for  they  are  both  admitted  to  one  and  the  fame  glory  ■,  Thefe  are  the  Peers  of 

r*tif.t*rt.i.  dc  the  upper  houfe  of  glory,  who  continually  behold  the  face  ofGodandareminiftring 

mmo<-.«.   gp-lr jjg for  tne  goodofGod'sEled-    thefein  their  nature  ftateand  cond;tionarc  a- 

bjfl/tlis  latitudinis  &  prcftinditatis,  as  Parifienfis  his  words  are, 
and  therefore  I  (hall  not  engage  in  thofe  Inquiries  which  the 
Scholes  have  curioufly  about  them,  which  fome  of  them  do  aggra- 
vate almoft  to  a  blafphemy.    That  which  is  pertinent  here  is  to 
to  confider  them  as  the  glorious  Inftances  of  divine  goodnefs  and 
power,  that  though  they  are  creatures,  and  as  fpirits  lapfable,  as 
appeared  by  the  fall  of  fome  of  them,  Lucifer  and  his  Apoftate  con- 
federates ;  yet  thofe  that  ftand  are  to  be  admired  for  the  illumination  of  their  Intelle&s, 
the  purgation  of  themfrom  corruption,  the  perfection  of  them  in  their  ftate,  by  the  help 
of  all  which  they  are  made  fit  for  the  Service  of  God,  for  the  performance  of  his  Com- 
mands, and  for  the  expreffion  of  benevolence  and  charity  to  the  Militant  Heirs  of  glo- 
stmnd*ftnit  de  ry,  according  to  that  fevenfold  good  office  which  Parifienfis  fayes  the  Angels  and 
Univerfof«r».  1.  Saints  in  glory  do  to  us  here.     Spirits  then  they  are  by  nature,  holy  by  donation  and 
«.  1  «»./>. s*o.      chartcr  of  Royal  Endowment,  which  our  Text  calls  Conprmatie  in  gloria  •  Glory  as 
that  is  a  ftate  of  perfection  and  incarency,  vifto  maris,  the  fruition  of  what  ever  the 
heigth,  breadth,  length  and  depth  of  mercy  has  to  give,  yet  is  it  advanced  by  the  ira- 
poffibility  of  abbreviation,  decay  or  diflbiution  of  it.   And  this  depends  upon  the  fecu- 
rity  the  Saints  and  Angels  have  for  their  indetermination ,  which  is  in  the  word  cvxfir- 
mati,  whereby  they  have  not  oncly  all  joyes  for  the  kind  but  the  ultimityes  and  quin- 
teffentialitiesofthem  according  to  the  true  andfurtheft  notion  of  glory  ;  not  barely 
pafTed,  as  I  may  fo  fay,  the  Soveraigns  grant,  but  ratified  irreverfably,  God  has  fet  to 
the  Seal  of  his  truth,  invariable,  inviolate,  that  the  glory  they  have,  they  fhallhold 
folongashehimfelflafts,  and  this  is  that  aftofgoodncfle  and  power  which  the  Sove- 
reign and  Bifhop  of  all  creatures  both  in  heaven  and  earth,  has  fixed  on  his  Veffels  of 
glory  for  their  Seal  of  certitude  and  continuation,  which  they  cannot  either  by  their 
own  defect,  lofe,  or  their  defertion  of  their  ftate  deferve  to  have  taken  from  them,  fince 
not  onely  ex  adjntorio  fibi  co-ajfiftente  but  ex  dono  inhitrente,  they  cannot  fin  peccato  ctm- 
mijjionis  ant  emiffionis,i%  the  Scholes  fpeak,  but  they  being  once  confirmed  in  glory  are 
for  ever  tenable  of  it  and  in  no  fort  feparable  from  it ;  their  Confirmation  being  not 
vie  fed  p atria,  not  in  order  to  completion  but  the  very  completion  .of  their  glory  in 
Ungtiiti  ftrm».  tne  prefent  poffeffion  of  it :  and  becaufe  of  this  faith  Btnzonixs  is  it,  that  the  Saints 
fiMitutm  mmi.  and  Angels  arc  fet  out  in  their  ftate  ot  liability  by  a  pillar  in  rScnpture,  Revel,  in.  12. 
To  him  that  everccmeth  will  I  make  a  Pillar  in  the  htufe  tf  my  God.     And  hence  Bcna- 
venturt  plcafes  himfelf  and  me  much  in  advancing  glory  by  thefe  three  ftcps  of  Medi- 
tation.    1.  Cogitatioveritatis,  the  foul  fhall  not  onely  not  harbour  errour  but  medi- 
tate on  truth  the  fubjeft  of  all  its  delight.     2.   Inhafio  benitatis,  there  fhall  be  in  the 
glorified  Saint  an  univerfality  of  goodnefs,  which  fhall  fo  overfhadow  it  and  adhere 
to  it,  that  it  fhall  not  be  feparable  from  it,  for  God  who  is  all  [good  fhall  be  the  obj'eft 
of  its  love  and  admiration.     3.  Perfeilio  Comprehenponis,  it  fhall  fully  comprehend 
what  God  is,  and  what  the  glory  in  which  it  is,  is.     And  all  this  by  its  confirmation 
in  glory,  which  conlidered,  the  Chancellour's  confequer.ee  is  moft  direct,  pecc are  r.e- 
tjstcunt  •  Sin  is  the  defertion  of  God  and  adhefion  to  his  Creature,  aLapfefrom  his 
Conllicution  into  fomewbat  of  contrariety  to  him  •,  but  this  the  Saints  and  Angels  be- 
ing pafs'd  poffibility  of,  becaufe  they  are  in  glory  where  no  temptation  to  fin,  no 

nature 


Dmandus.  lit, 
<t'fi.  |./>.4»i. 


nc  calumnarum 
Scriptnris     apptl- 
Itutnr.  Benzon. 
in  Tfd.  16.  c.  J 
f.n.    . 
In  Cap.  J.  Sapi- 
emix  Torn.  I. 
t-  J5». 


^Commentary  u^cn  Fortes  cue.  lit 

nature  ferviceablc  to  fin  is.tbey  are  well  faid,»ei»  peffe  p secure ;  not  as  Creatures,  for  fo 
they  are  peccable  :  but  as confirm' d  againfi.  degeneration  and  lapfe.^  from  whence,  as 
God's  powerful  indulgence  to  diem,  strifes  their  impo/fibiliiy  to  fin,  as  alfo  tlietr  pre- 
potency to  us :  for  in  that  they  are  finlefs,  their  created  power  is  in  its  priftinc  vigour 
;  rid  oner.cy,    immaculate  without  fpot,  regular  without  any  inor- 

dmatenefs,  plenary  without  any  abatement ;  f<>  that  as  they  have  c-Urt.i{iM./j„i(j.,„;,f,,,/i4„. 
^'orious  Hates  fo  proportionable  natures,  delifhts  activities,  and  i  <d:'i°r  &  i  °'""""r  &  '/<««<»•  *<<  B.  <i«><t 
operations,  and  tranfcer.d  us  as  well  in  what  they  can  do,  asm  ,.,,/?  „/f^W;/iW,«r.m™wL^  & 
what  they  are.  Tor  whereas  we  men  can  do  nothing,  but  by  af-  onmsfuaitupottmferji,  h»c  tjt,  rfmtidm 
lifiar.ee  or  dungs,  without  our  felves ,  and  to  fuch  proportions  as  ^Jr£^i££Z$$ 
are  fuitablc  to  finite  beings,  and  under  futli  reltraints  as  may  in-  mfifcr  id ?w «<r« .,/<»>  */?.  Guiiiei.  ra< 
terpofe,  and  if  they  do,  will  defeat  us.    The  glorious  Angels,  as     ^r- fi^'s*™-  i«i>fi'**<t».  c.iSu 

r        ',.  a     -  j  r  -c  I  p.  »44- De  Univcrlo. 

J- pints  of  power1acnvity,ar.d  purity  ofelier.ee,  can  from  the  energy 

<>i  their  eifence,  as  it  is  indulged  by  God,and  priviledged  to  purpo-  ^npiu,  rrf.£ic  <,Smfat  firftBi'ttma 

fes  of  miniftration  to  his  glory,  and  his  Saints  good,  effect  ftupendi-  «*/*>  ««'«••«'«  ■««/««.  &  ««;»s«i.mj, 

ous  things  ,and  by  hidden  and  lecret  methods,which  the  wit  and  en-  Z^m^X\"t^t?.  &£?. 

quiry  ot  man  by  not  difcerning  is  fo  far  from  ability  to  prevenr,that  /.  31 5. 

lie  cannot  penetrate  the  intent  and  purpofe  of  them,    tilltbevdiP-  .    _    ..'.   .':-.....  ...'*■■■..„.. 

,«.,  ,.--0  it  t       j  t    r       •"     r  SanflusHietoiHm.il*.  i.  mc,  %.ad  Galat, 

cover  themteives  in  their  effects,    hereupon  our  Lord  Jelus  is  let     r<.*ij. 
forth  in  the  Old  Teftament,  tinder  the  name  of  the  Angel,2;W.i4. 
1 9.  and  much  of  the  cxprcfiions  of  Divine  Power  over  the  World,  either  for  tuition  or 
defirudion,    is  from  God  maniiefted  by  Angels :  As  his  Angels  are  miniftring  Spirits  , 
and  gather  his  Elcft  from  the  four  corners  oi  the  Earth  •  fo  arc  they  the  Diffipaters  and 
Ruiners  of  all  pernicious  perfons  and  practices,  which  are  antipodique  to    God,  and 
enervative  of  his  Glories  progrefs  and  augmentation.    'Twas    an   Angel  that  dc- Gen- '»• 
ilroyed  Sodom-  and  Gomorrah.    'Twas  an  Angel  that  detlroyed  Senacherib'%  Holt  Gen 
in  one  night-,    "Twas  an  Angel  that  comforted  ftctb-,  and  an  Angel    that  went 
before  Jjratl ;     And  an  Angel  that  was  to  deftroy  fernfalem,  2  Samuel  xxiv.  16.  E10d.14.if. 
And  thus  they  are  potentiores  nobit ;  they  are  indeed  more  excellent  then  we,  as  they 
cannot  fin  corporally, becaufe  they  are  fpirits,   as  they  cannot  fin  voluntarily,  becaufe 
they  are/<**5*  Jfiritut,and  their  Will  is  wkolly  conform  to  Gods,  in  the  parity  of  it, 
as  well  as  in  the  glory  they  partake  of  by  it ;  and  then  by  fin  they  cannot  demerit  of  ^n*1*1  »"•  p°- 
God,  and  fo  be  deprived  of  the  glory  they  are  inverted  with,  becaufe  they  are  con/ir-  '°<JZm  "rJdt 
med  never  to  be  other  then  they  are ;  and  becaufe  they  are  inflexible  to  fin,  and  defie  »<n»n  mvpuji 
that  which  we  call  defire  and  delight,  being  wholly  taken  up  with  the  Vifion  of  God,  'ff"  wf"' 
and  dif-ir.gaged  from  this  World's  Enthnfiafms,  and  the  captations  offenfc,  they  are  ^7X/IkT»^ 
well  faid  to  be  potentiores  nobis.  mini.  Durandus 

Indeed  the  power  of  man  is  little  but  vanity  and  vacuity ;  as  this  life,  the  time  0f£'•*^*J•■W•,*• 
power,  is  but  a  fpan  in  length,  fo  but  a  flower  in  duration  •,  and  all  the  fphere  wherein 
mortal  power  afts,  is  but  this  vain  and  vild  World,  and  no  further  is  it  capable  of  Re- 
gency, then  by,  and  under  God,  and  according  to  the  Commifiions  of  his  pcrmifliori. 
And  when  in  thecxercife  of  it  we  cenfder  it,  there  is  more  caufe  to  weep  then  re- 
joyce,  that  fo  fair  a  beauty  ftiould  be  courtexan'd  to  pleafure  fin,  and  by  it  to  work  ini- 
quity with  greedinefs,  which  is  chat  the  Chancellour  means  by  liberis  gaudere  babc- 
nit,  a  pbrafe  pu:  pofely  ufcd,to  exprefs  the  licentiality  and  excefs  of  mens  ufe  of  power. 
Adam  ufed  the  power  of  his  free-wiM,  to  difobey  God  in  eating  the  fruit  he  was  for- 
bidden ^  tnd,Cain,the  natural  power  of  an  advantage  creduloufly  given  him  tomurther  Gcn  *•«•  c  »•' 
Abtl;  Afa^had  a  power  offenfc,  and  hefabufed  it  by  the  intoxicating  delight  of  the  v'"' 
grape ;  David  had  a  mafculincnefs,  which  hedeturpated,  by  impregnating  Vriah'% 
Baikfbd-Hi  Herod  had  a  power  of  tongue,  even  to  the  ftupefadtion  of  his  Auditors, 
and  he  lifined  too  much  to  vain-glory,  and  thereby  abufed  his  power ;  Nimred  had  a 
power  in  his  Arm,  and  art  of  ca  jouling  men  into  his  politique  Net,  but  he  abufed  it  by 
cruelty.  Thefe.and  thoufand  of  examples  of  the  incircumfcription  of  power,  andthe 
vanity  of  its  excefs  and  eccentricity,  every  Story,  every  Age,  every  Man  almoft  con- 
firms: A  nd  all  this  proceeds  from  this  of  our  Text,  liberis  gander  e  habenis.  We  would 
all  be  Originals  and  Independent,  loath  we  are  to  be  under  the  )oa\of refiraint,  though 
it  be  lined  with  the  velvet  and  fliag  of  Eafe  and  Innocence.  We  would  1'haetoniz.e,  til!  ' 
wermrried  COD  out  oi\.htThrcne<f  Enle,  and  brought  Heaven  and  Earth  into,  a 

R  r  Gtl- 


7*:i.&ntid.isi 


l%i  A  Commentary  upon  Fortes  cue. 

GtlUrnAnfre;  and  this  comes  from  our  Pride  and  Prefumption :  our  Tongues  are  our 
own,  they  faid  it,-  who  told  no  truth  with  them  ;  and  to  bind  the  hands  of  men  to  the 
peace,  makes  them  ftark  mad  of  revenge.  The  fturdy  Stallion  does  not  more  free 
when  he  is  curb'd  up,  normoreriot,  to  the  danger  of  his  Rider,  when  let  loofe,  and 
the  rein  given  him:  then  men  do  rife  in  fpirit  till  they  have  power,  and  rage  with  mad- 
nefs  when  they  have  it.  Therefore  the  Chancellour  undcrftanding  Habena,  as  Scrviut 
does,  Pro  pottftate  &  facultate,  intends,  that  men  by  being  glad  of  a  free  raign,  hold 
themfelves  priviledg'd  and  at  liberty  to  do  what  they  lifr,  which  the  Scripture  calls,  to 
•norkjmtjaitj  withgretd'tnefs,  and  to  do  what  is  right  in  their  own  eyes,  which  is  impotencj 
in  the  **«*,  and  mn  ultralitj  of  it.  lor  then  all  fear  of  God  and  Man  being  rejected, 
the  brutality  offenfe  evicting  the  ingenuity  and  foveraignty  of  Reafon,  man  becomes 
beneath  the  Bead  that  perifheth  ; .  that  like  as  that  Fornax  &  caminus  charitatis^s  Pa- 
£*£?otu""bu''  ripenfis  phrafes  it,  That  love  of good  mtntoGtd,  [VtaUows  and  drowns  all  felf '.-  fo  that 
p.ii*.  nothing  is  now  Competitor  with  it,  but  it  acts  in  ultimo  forth udinls.     So  in  thecrrour 

and  mifplace  of  love  on  our  felves  and  on  the  practices  we  are  in  our  opinion  aggran- 
diz'dby ;  the  fwallow  and  gulph  of  the  whole  man  is  to  gratifie  his  fenfual  project  and 
libidinous  apprehenlion  ;,and  this  is  liber e  gaudere  habems. 

Solum  igitur  mihi'jam  fupereft  a  ttfeifcitandum,  {i  lex  Angliac  ad  cujus  difi  iplinatum 
mtprovocas,  bona  &  efficax  eft  ad  regimen  regni  i/lius;  ut  lex  civilu,tji<a  facrum 
regulator  imperium,fujftciens  arbitrator,  adorbii  regimen  univerji.  Si  me  in 
bit  demonflrationibhs  ctngruis  indabium  rcddiderls,  adfludium  Itgis  Mitts  Mkt 
me  eenferam,  nee  tepoftulatknibus  nstisfuper  his,  trnftius  fatigabo. 

This  conclufion  of  the  C  haprer  prefents  the  Prince  both  rational  and  tractable  •,   and 

as  in  the  one  an  acknowledger  of  the  Chancellour's  learned  afiiftance :    to  in  the  other 

an  especter  of  his  further  fatisfaction,   in  what  he  yet  rells  uninformed  in  :  having 

therefore  from  the  prealleadged  Arguments  found  relief,  he  fub  joynsan  inlinuation  of 

a  reitant  fcruple,  which  his  oracular  Head  is  to  falve,   Solum  igitur  mthifupenft. 

1h\i  folum  igitur  mihi  jam  fupereft^  tells  us  the  Prince's  ingenuity,  that  though  he 

wasofperfpicaciouswir,  and  knew  all  that  his  years  and  education 

i;,„uUri„,  ,„,.  ,-,„,, j  w.  «      ■  c  could  advantage  him  to  •  yet  he  is  free  and  noble  to  confefs,  thac 

</«,  »t  htmim  &  ffbcaim  tittri,  ttUmmm    iometriing  is  wanting.whicn  he  requeits  his  Chancellor  to  fupply  to 

MtfwuiUi.  Mfra  ir  anfniia  nipt*/**     him.    For  notwithftan&ng  it  cannot  be  denied,  but  that  God  does 

^:tZ;Sr;4TJ:^;^;    #g  often  chofe  that  are  born  to  greatnefs,  wits  and  minds  fuitable 

}i  antrum  fnauM,  rtfme  frHSamflnuit    thereto,  and  paramounting  the  ordinary  indulgency  to  other  men 

t^£Z/:f:;;l::Z^Z!:Z     « &r* their  hopesand fortunes  are  beyond    them,  a,    Salmuth 

fkmam,  quafi  pfaa  fngi.  /„  paneii«i.     makes  good  in  many  notable  examples :  yet  are  the  higheft  accora- 

Rr«./«t«  tr,m*t.iS+  plifhments  in  them  but  rude  and  dangerous,  if  not  polifh'd,  prun'd, 

and  regulated  by  grave  and  virtuous  tuition :    nor  is  all  the  know- 
ledge Youth  has,any  true  ornament,  if  it  reduce  not  the  mind  un- 
der the  Empire  of  virtue,  and  fettle  it  not  on  the  appetition  ofufeful  knowledg ;  for  as 
the  body  may  be  without  delicate  food,  and  thrive  well ,  yet  will    have   no   grand 
fhrength  without  bread,  which  is  the  flaff  of  life :  fo  the  mind  may  be  varioufly  adorned 
wi:h  rtudds,  and  embroideries  of  art ;  and  yet  being  void  of  true  applicative  Wifdom, 
need  "^  Habeas  Corpus  to  remove  it  from  imprifonment  of  errour  and  ignorance,    to 
have  benefit  of  the  folum  fupereft  yihtt  neceffary,  proper , and  prudent  knowledge.wbich 
it  is  lofingly  wanting  in,And  this  is  that,  which  becaufe  the  Prince  is  in  his  own  opinion 
withou^he  endeavors  from  his  learned  Chancellor  to  be  fupplyed  witb,<i  tefeifcitandii. 
Atefeifeitandum~]  The  fupplement  of  this  knowledge  he'l  have,  a  digno,  not  from 
1  '      Chan-  "^Y  "^^rudeshimfelf upon  him,  nor  from  any  that  on  other  accounts  come  not  bc- 
.  Hour's         ^0re  we'COIne  t0  n»m ;  but  a  tefeifiitandum,  as  the  propereft  and  pregnant'ft  Refolver 
Character '     °^t^cm»  an^  one  who  having  faithfully  attended  the  misfortunes  of  my  Father  and  my 
felf,  and  throughly  digefted  the  providences  of  God,   the  provifions  of  the  I  aw,  and 
theintrigo's  of  Government,  art  able  to  reconcile  my  prejudice  fo  their  prefcript,and 
,   fettle  my  wavering  by  their  ftabili  ty.  From  thee,  O  good  man,and  grave  Chantellour, 
do  I  alone  defire  direction  and  refolution  of  my  doubtings.l  his  is  the  fenfe  of  a  te  fcifci- 
taudum  5    which  being  the  voice  of  a  great  mind,  leffons  us  to  conclude  the  fixation  of 

brave 


A  Commentary  upon  Fortescue, 

brave  and  Princely  Spirits,  who  as  they  never  fettle  but  upon  premeditation,  fo  alter 
and  remove  not  then  favours,but  upon  great  and  apparent  provocation  •,  and  that  not 
onely  for  fear  of  the  detection  of  their  fecrets,  which  being  under  the  covert  of  their 
t  onridents,  may  by  the  fpleen  and  choler  of  their  difcontents  take  air  and  be  vented  to 
their  Principals  difhonour -,  but  alio  becaufe  levity  and  futility  thence  chargeable  on 
grcatnefs,  indiipofes  it  for  the  future,  to  be  relyed  on  by  thofe  M'mfters  ef  state,  who 
are  unquc'fnonably  neceflary  to  carry  on  publique  and  i'overaign  Defigns  •,  which  the 
Prince  considering  and  judging,   to  avoid  the  fnfpition  of  fuch  PrinceUfe  versatility , 
points  to  ou;  Chanccllour  as  the  very  very  perfon  of  whom  he  onely  would  enquire,and 
from  whom  alone'expect  an  account  of  what  he  was  in  fufpencc  and  doubt  of.    This  for 
what  in  the  clanfe  is  prcfational,  the  Angularity  of  the  thing,  and  the  perfon  whom  he 
(ingles  ouc  to  be  enquired  ot  in  thofe  words,   Solum  igitnr  mihijamfuperefi  a  te  fifii- 
tundxm.    Now  for  the  matter  and  fubftance  of  the  Square,  that's  Lex  AnglU,  no  trite 
or  vulg.tr  fvbjtft,  but  a  Princely  and  noble  one  -%  a  Law,  the  fruit  of  julhce  collected 
f  om  the  Divine  and  Natural  Law,  and  digeftcd  into  ufeful  forms  and  methods,  fit  for 
tins  Nation,  the  Queen  of  lflands,and  the  luftre  oi  Europe  yLex  Anglia.']  Then.why  this 
Law  is  fo  fearchtd  into,   that's  by  reafon  of  the  Chance'.Iour's  lolicitation  of  the  Prince 
to  lo\  c,  embrace,  and  liudy  it,  [ad  chjtu  dijciplinatum  me  invito*'}  faith  he  ;  fince  Sir 
Ch. :  cellonr,  your  gravity  dircd*  me  to  it,  as  the  fub  jed  of  my  minds  love  and  engage- 
ment ;  that  mind  of  mine  requires  me  rationally  to  fearch  ,  whether    the    choice   be 
worthy  it,  btloi  e  I  own  my  felf  a  Difciple  to,  and  put  my  felf  under  the  Difcipline  of 
i  .     lor  as  1  would  not  refufcyour  provocation  with  rudenefs,  fo  neither  would  I  cm- 
brace  it  without  fatisfsetion,  that  fit  it  is  1  fhou'd.      This  makes  me  enquire  for  fatif- 
faftion,  that  having  found  it,  I  may  fubmit  my  felf  to  the  learning  of  it.     Then  third- 
ly, what  of  ti  e  Law  of  England  it  is.that  the  Prince  would  know,  that's  contain'd  in 
thofe  words,  bona&eficax  eft  adregimenregniillius,   a  fhrewd  quefhon  worthy  the 
Prince  to  ask,  and  theChancellour  to  anfwer.     For  England  being  a  Kingdom  of  con- 
fequence,  and  governed  by  a  Law,  'tis  fit  it  fhould  be  a  good  Law,  refptllHJfiflitix, 
and  an  effeftual  Law  ;   rtfpcUu  prudentit,  every  way  commenfurate  to  thefuperftru- 
fture  that  fhould  be  laid  upon  the  foundation  of  Law.    For  bona  here  is  not  onely  ta- 
ken for  propn:a,  as  Servius  takes  it  -,  Ad  fit  Utitit,  Bacchus  dater  &  bona  Juno -,  but  pro 
txtfiimata  &  vtrtnte  pradita,  and  efficax  is  that  which  ad  aliqmdtgendnm  maxime  corr 
dttcit,  efficax  tdverftuferpentisjfficacijfim*  auxilia,  ufed  by  Flinj,  Tufty,  and  others, 
to  exprefs  cnergie  and  fitnefs,  throughly  to  perform  any  thing.By  which  two  words  as 
referring  to  the  Law,  the  Prince  intends  the  interrogation  of  his  Chancellour,  whether 
the  Law  was  fuch  for  the  juflice  and  wildom  of  it,  as  would  anfwer  the  end  of  Govern- 
ment over  the  people,  and  make  the  people  happy  and  contented  with  it :  Whether  the 
C  oncerns  ot  the  Crown  and  Subjtft  in  Peace  and  War,  in  Civil  and  Fcclefiaftical  Mat- 
ters, was  duly  provided  for  by  it :  this  is  the  fum  of  bona  &  tjficax,  that  not  onely  tfce 
plaifter  fhould  be  broad  enough  for  rhe'-ore,  but  the  matter  of  it  be  well  corapofed, 
to  the  end  of  its  application,  to  affw  ge  tumours,  and  congregation  of  ill  humours,  and 
to  keep  the  parts  of  the  politique  body  hail  and  thriving,    for  as  undoubtedly,  that  is 
the  belt  diet  that  enables  the  body  to  be  vigorous,  and  keeps  the  colour  from  decaying  i 
fois  that  thebeft  Law  that  is  proper  to  kctp  Government  in  a  prudent  mediocrity,   be- 
caufe it  takes  away  all  theoccafions  of  mifurdevfanding  and  difafftftion.     And  this  the 
Prirce  would  know.whether  the  Common-Law  does  or  no  •,  Why  ?  Hecaufehe  is  now 
indtb:  e,  whether  Law  to  adhere  to  andftudy,  and  rcfolved  he  is  to  choofe  the  belt, 
that  is  the  mod  proper  and  fuitable  to  the  pe'ople  of  England :  that  ever  being  the  belt 
Law  to  rule  by,  that  is  molt  adapted  to  the  nature  of  the  Subjefts  it  is  to  rule :  which 
becaufe  the  Law  of  England  is  to  the  people  of  England,  is  to  be  therefore  allowed 
tl>e  befl  Law  for  England :  fo  the  Law  thinks,  and  has  published  of  it  felf,   and  its  tc- 
flimony  all  wife  men  are  to  believe  and  take,  according  to  the  Maxime  of  Law,  Nemi- 
nrnt  ef'.rttt  legibtt*  lapicntiorem. 
The  like  may  be  fi-.d  of  the  Roman  Civil  LaV? ;  which  I  account  with  that  very  learned 
(  ivilian  and  prudent  Gentleman,  Lex  Legnm ,  above  aU  humane  Law  n>h«tfoever. 
(I  or  the  facrcd  Empire,  allowing  it  the  particular  Salvo's  from  the  common  rule  of  it, 
which  all  Nations  allow  with  the  ufe  of  it,)  it  being  not  cnely  for  the  moft-part  the  T.aw 
ol  it,  but  that  which  is  fuitable  in  its  capacity  and  concern,  to  the  vaft  rtaniries  ol  He 

Rr  2  Empire 


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idit.  Sjtimrg. 


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ObfeiYe  well 


224.       A  Commentary  upon  Fortescue, 

Empire  and  Continent  •,  and  that  by  the  JuQice  and  Wifdom  whereof,  no  doubt  but 
great  expaciation  and  luftre  has  been  given  to  it.  1  or  fince  the  Reman  Civil  Laws  were 
the  quinrcflences  of  the  Greel^Laws,  and  improvements  of  thofe  of  the  twelve  Tables, 
which  a  learned  man  fays  thus  of,  Let  men  rave  and  rage  as  they 
frem*,t  •mmlu*.  diem  yudfai*  j  si-     frfi  the  Book  ef the  Laws  of  the  twelve  Tables  ,  are  in  my  opinion  nut 
k»«  mihi  vidaur  iuUtc-.m  uM*rum  u-     *»'h  «*  the  Fountain  Laws,  and  heads  ef  tnchoat  order, to  be  preferred 
toim.fi  <ph  itgrnaftntt,  &■  tafiu  vidnn.tr     before  all  the  Libraries  of  Philofophers ;  but  alfofer  the  weight  if  an- 
SSSiGSJffii^Jt     'bority,  and  abundance  of  profit,  to  the  Wfomof  life  that  thence  re- 
pub.  r<>.9«w#,p.ti.b.  fultcth.     And  daily  fupplies  have  been  made  to  them  as  emergen- 

cies require,  and  the  prudence  ©f  experience  has  folicited,   and  ac- 
cordingly has  effe&ed.    Even  our  Chancellour,though  he  were  by 
profeflion  a  Common-Lawyer,  and  by  choice  a  Champion  of  it  againft  the  introducti- 
on of  the  Civil-Law,  in  competition  with,  (or  what  he  thought  rather)  in  fubverfion 
of  the  Municipe  Law ;  which  time  beyond  Record,  and  fuccefs  beyond  parallel,  has 
radicated  here ;  yet  is  even  in  this  defigned  remora  to  that  projection,  a  C  onfeflbur  by 
the  mouth  of  the  Prince,  tbat!the  Civil-Law .( with  the  referves  of  particular  Cuftomj, 
which  in  every  Countrey  is  ufed.befides  the  Texts  of  the  Law,)  is  the  Law  that  governs 
theJ?«wx»£»>/>«Vf,andisfurricient  todiftribute  Juflice  by  it  to  the  Continent.    So 
™iw!!«nf'»^i!"   ^UCIS  ihitof  Patrieius  Senenfis,  Exilluuamquedignitat  omnis  expetitur  ,    &c.     For 
frent  them  every  "Dignity  is  derived,  fmce  all  induftry  andhontfl  labour  is  by  rewards,  fplew 
dour, and  glory herein  encouraged,  and  all  the  vices  andfrauds  ef  men  punifbed  with  fines, 
dif graces, bonds, gripes, bamfbments;  yea,  even  death.     Thus  he.     And  this  does  not 
oncly  merit  for  it  the  honour  of  good  words,    from  men  of  learning  civility  and  grati- 
^bis?"ewc"      tudc,  who  muft  and  euer  will  (  pafiions  and  private  concerns  laid  afidc )  cxprefs  it  to 
her,  as  the  Miftrifs  and  Magazine  of  Learning,  Wifdom,  and  Order,  fuitable  to  the 
Univerfal  Nations  (he  is  oracular  in,  and  accordingly  furnifhed  for  ;  but  alfo  apologize 
for,  and  obtain  from  this  Nation  of  England,  a  high  refpeft  to  her  learned  Sons  the 
Civilians,  whom  I  (hall  delight  to  fee  encouraged  according  to  their  merits,  and  that 
modefty,  which  their  Prudence  will  difpofe  them  ( I  know )  to  exprefs  to  the  Municipe 
Laves  of  this  Nation,  which  in  the  allowance  of  the  Civil  Law,  in  the  Cafes  ufual  and 
as  wonted.before  the  late  diftradions,will.fo  I  truft  fatisfie  the  Profeflburs  of  that  Law, 
that  as  thereby  they  (hall  fee  a  fair  field  for  their  difplay,  &  a  plenteous  barveft  for  their 
encouragement,  foth'ey  will  in  no  fort  hold  themfclves  negle&ed.    And  this  will  (I 
think)  content  the  wife  meu  on  both  fides ;  the  learned  Civilians  being  rcftored  to 
what  they  were  forcibly  put  from,and  the  learned  Common-Lawyers  confirmed  in  the 
enjoyment  of  what  they  now  and  ever  had.For  that  both  Laws  are  neceflary  in  their  re- 
fpeftive  allowed  Spheres  and  proportions  here  in  England,t\o  man  of  learning  can  deny, 
no  more  can  any  roan  of  worth  deny  to  the  Civilians  of  this  Nation  the  praife  of  their 
great  Learning,  and  defervedly  to  be  encouraged  ufcfulnefs.    Which  confidered,  the 
Prince  here  is  perfonated  as  rcfolving  a  conformity  to  his  Chancellours  Prefcripr,  which 
he  judges  will  be  clofely  rational,  fuch  as  (hall  fatisfie  his  perfpicacity  and  Princely 
judgment,and  take  him  off  from  all  uncertainty  and  doubt  of  diftrafiion.    This  he  in- 
tends by  (  fi  me  in  hoc  demonftratisnibtu  congruis  indubium  reddideru.)     And] to  this  he 
affures  an  hoped  for  reward,  in  a  refignation  of  his  princely  felf  to  that  fludy,  which  haj 
the  moft  of  rational  fwafion,  and  ought  moll  to  lead  him :  and  this  he  tells  the  Chan- 
cellour  he  will  ( ilico)  inftantly  do,  all  delays  and  further  debates  laid  afide,  and  all  fur- 
ther troubles  by  his  enquiry  and  irrefolution  being  abandoned. 


CHAP.    XV. 

Canceiarius.  Memoria  tut,  Princeps  optime  commendafli,  qua  hue  ufque  fuggeffi, quart 
&  qua  jam  inttrregas,mtritus  is  ut  pandam. 

HEre  the  Chancellour  gives  the  Prince  the  juft  acknowledgment  of  hispupillike  in- 
genuity ;  to  remember  what  Youth  is  told,and  to  obferve  the  Precepts  of  commu- 
nicated Wifdom,  is  a  virtue  amiable  in  all  ■,  but  in  Princes  prodigioufly  commendable 
and  obliging.  And  this  the  Chancellour  finding  the  Prince  profitably  to  do  ^  not  onely 

h 


A  Commentary  upon  Fortes  cue.  M$ 

by  the  Commemoration  of  it,  encourages  the  Prince:  but  by  the  Civility  and  good 

conference  oi  it  whets  himfelfto  add  all  the  helpes  his  experience  and  love  can  to  his 

improvement,   not  thinking  any  thing  too  much  to  beftow  upon  a  juft  Valuer  and  * 

<*ratefull  Acknowledger,    tor  fincethe  high  conceits  of  men  of  Dinon  Tarent inus  bis 

imndc,  carryes  them  to  afcribe  more  to  their  fingle  felves,  then  to  all  o  her  befides 

them.     And  they  cry  out,  Ivm  $  xjhcxuv,  that  tkiir  opinion  is  more  Weighty  then  thou-  Adag.  z».  ew/.r; 

fands  of  other  mens  •,  and  with  Francis  the  firft  King  of  France,  make  nothing  of  their  Cm'  *' 

wo  ds  butcontent  themfelves  with  left  is  Roy,  let  Charles  the  fifthly  what  he  can  of  Heiberr.  #«,*, 

a  violated  promife  •, '  the  gentlenefTe  and  gracitude  of  thofe  that  are  more  modeft  and  *• l9ii  '*4'- 

memorative  of  theirduty ,  carrying  them  to  the  virtue  of  acknowledgment  to  thofe  they 

are  obliged  to  ■,  cannot  but  be  kindly  expounded  a  merit,  as  the  oblivion  of  it  would  be 

branded,  a  dilobligement.     And  thcrelorethe  Prince  fo  frankly  reciting  the  Chan- 

cellour's  iroparcraent,  is  well  faid  to  by  our  Chancellour,  Meritus  es  utpandam.  .1 

Scire  te  igitur  vslo,  quod  omnia  jura  human*,  *nt [tint  Lex  nature,  confuetudincsi 
vtl  flatutat  qua  &  conftitutiones  apfellantur. 

Here  ths  Text  defcribes  the  kinds  of  humane  Lawes  to  be  three,  fuchas  are  ef- 
fects of  God's  Implantation  on  all  men  and  things.  This  Law  of  Nature  is  the 
Law  of  all  places,  all  perfons,  all  times,  altering  not,  but  is  one 

and  ihe  fame  I  nfcription  of  God's  power  and  goodnefle,  wherein  Jm  "»«/< 'IT'.  <j*>i  «uur»  <m»u  amma. 

he  makes  mamfeft,  himfelf  to  be  the  fountain  of  being  and  to  pre-  *  d.7V.tZ  iK'J"d  2 '"""'"'  *,""- 

ferve  his  Creatures  in  the  Law  and  rule  ot  it.     This  Law\  I  have  i»* •- terra.  H„*  ,„ m„,  »«/-«*«,,  tVMm 

in  fome  kinde  treated  on  in  the  Notes  on  the  firft  Chapter ;  that  £"'"*  "*"*»'"  'ft-  *eidtUUt  'd,  jun 

which  I  fhall  here  add  is  but  onely  to  fhew  the  obligation  of  it.  For  *""    G"""""'  f" '" C'  * 

though  CMores  the  molt  ancient  of  Writers  and  Law-givers  doth  CiWin'%  cafe  7  ■%$. 

not  write  of  it,  yet  undoubtedly  it  was  the  Directory  of  Mankind  Doftor  &  Sludew       , 
and  Nature  in  all  the  Forms  of  Creatures  long  time  before  him, 

and  was  contained  in  the  feven  Precepts'  of  the  Sons  of  Noah  -,  and  Yu  ainum  um  u<;  *d  « 

the  learned  lay,  God  commanded  the  Ifraelues  to  kill  all  thofe  they  «  ^mfmm^  atrfidrTn! uu^jji 

overcame  in  Sattail,  that  were  ignorant  of  them.     This  Tally  fuf-  f*  *»»'"»»  emmumtut  ,Mltt  j»f»  /»,« 

fragates  to  •  for  having  faid  much  of  f  the  obligation  and  extent  of  fij^.6"""  Dc  Ref'  Heb'*0lura 
it,  heconc\u&es,C*iquinonparebit,ipfe  fe  fugice,  &c.   ToVehich 
Law  whoever  obeys  not,  avoids  himfelf  and  becomes  net  man,  but  as       '  '*'  DeRtPuM* 

*  Runaway  from  his  Station  deferves  utmoft  punijbment.     Hence  is  Fornerius  ad  Ugtm^i.  f.  »«.  De  v«b^ 

it  that  all  l.awes  of  men  are  deduced  from  this,  and  fo  far  onely  fisQific- 

are  iult,  as  they  are  conform  to  this,  and  in  what  they  contradict  nu    .■■■■, 

I       '     ,  ]    c-    n-  J    I  It  r.,'  •       i  OMtgatu  junt  vinculum   ifl  am  ntctfsittti 

it,  are  no  Lawes  oi  jultice }  and  hence  as  the  Law  oi  Nature  is  the    ajir,nSmUr.  inttit.  d.  w.  Dcobiig»cia- 

LawofGod,  fo  an  obligation  lyes  on  the  Creature"  to  obferve  it,     •ubosAi.lw. 

Concerning  chefe  Lawes  of  Natute,  our  moft  learned  late  deceafed  .; 

<  ountry-man  Mr.  Selden  has  mod  incomparably  treated  5  fo  has       D  -  r* J'  *  ■' 

*Gratia»;  and  Carrari*  who  fayes,  ftiris  natura  violator  eft,  qui 

L  gem  jnftxr*  non  obfervat  j  the  iumme  of  all,  grave  Hopper  exprefles  pithily,  Prim*  Uh-&  literal!  # 

vera  Lex  ab  ttno    Deo,  a  quodeinde  ad  mundum  profit,  &  peft  deineeps  ad  hominem,  myft'c  Ju"*In- 

nbt  Lex  human*  a  Lege  divina&  natstrali  dedxila  ;  and  this  fuffices  for  the  firlt  fort  "If^/.Tii.  *"' 

oi  humane  Lawes,  thofe  of  Nature,  Catholique  for  both  time  and  Perfons. 

The  next  are  Confuetudtnts,  The fchs.vc. been  (faith  Dottor  and  Student)  tf  old  time  Dt.  &  S[lldeat, 
fifed  throughout  all  the  Realm,  which  have  been  accepted  and  approved  by  our  Sovereign  c-  7- 
Lord  the  King  and  his  Progenitors  and  all  his  Subjects,  becaufe  the  faid  Cuftoms  be  nei- 
ther againft  the  Lawes  of  God,  ntr  the  Law  of  reafon,  and  have  been  alrvayes  taken  t*  be 
godandntce^ary  for  the  Common-wealth  of 'all  the  Realm.     Hence  thefe  are(fecondIy 
and  in  a  kinde)foveraign  Lawes-  for  they  do  rule  men  and  things :  Confuetudo  prafenpta  '  !"«■>•  r-  "».• 
&  legitimavwdt  if^w.faith  the  Rule  of  Law:,  and  not  onely  in  the  Lawes  common  t-"°'%1-  Jl- 
Cutloms  are  the  Lawes  of  places  and  things,  as  in  Mannors  and  Tenures    in  which  '*'  I*°* 
there  is  no  Law  without  them,  lyes  -,   but  in  the  civil  Lawes,  Mo- 
res recepti  funt  Ltgutn  nervi,  and  confuetudo  dat  furisditlionetn      Tholofs.  Sjrntagm.  Juris.  ki.tt.t.%i  t} 
etiamfi  agatur  de  canfis  men  Imperii,    and  confuetudo  obfervat*     feSwftStflS  ,  Hs^*'!'''^ 
Legu  inftar  efi:  •,  In  Antiquitatu  caufa,  &  prafcriptioms,  hngus- 


zi6  A  Commentary  upon  Fotes  cue 

que  ufus  &  confttetudo  confiderantur  :  thefe  and  fuel)  like  Rules  arc 
Shi  /« i»f»" fi™  n"f*" '"u  d*m  *""•/'.  in  the  civil  Law,  Texts.-  yea  Tertull.an  averrs  the  prevalence  of" 
•>/;»«.  .^^  h'ff"'r'Z"rJnC'7    Cuftom,  making  it  a  Law  upon  rational  and  religious  Grounds, 

rum  frjvittru J»s  hub*  #■  cjftllt  nunc  ty.  ,..„*.  .     °  „  .  e         *       i        ,  0        °     .  ,       ,  .    ,» 

m{kMt  ftmpr ran  fmfic  Aiciii.  <u it-     which  Saint  Augufim  confirms  in  nu  hpnue  to  fanuartus ;  of  winch 

pm  :i4.  «*.  De  fc&nificat.one  Vctborym,      j  t^\  [jave  occa(ion  t0  wriCc  jn  Ks  duc  p|ace        All  that  1   fhall  add 

'  **5'  is,  that  Cuflomfo prevalent, ought  to  bercafonabteor  elfeitcan- 

cnfHtt»t>  Mttm.ttitm' in  civtiihu  uimi     not  De  good,  the  Rule  ofLaw  being,  fanfuetudt  contra  ratiomm 
£lf22ttJ!&&!&   potiusufurpatio  quarn  cenfuetudoappeUari  debit.     Let  tins  be  e- 
Stmi<m.  commndai.  c  *  tik  De  Coioni    nough  here  for  the  fecond  kind  of  humane  Lawcs,  Cuftoms. 
MilUis*     m,  -ium  The  hft  is  Conftitutiones,  the  Lime  in  the  civil  Law  that  Ads 

clioppinus^  i.'o'e  Domanio  Vtincix,    of  Parliament  under  the  name  of  Chart  a  Regis,  o  H.  3.  Ordim- 
t-  i°5.  tionts  2jE.  1.  &  3  1  E.  I.  33  -E-  '•  17  E.  1.  l±E.  1.  articu/i, 

9E.1.  3S-E.  3.  thefe  under  what  Titles  they  of  oldvarioufly 
went,  yet  being  made  in  Parliament  according  to  the  Conftitution  of  our  Govern- 
ment, are  that  which  is  here  called  Conftitutions,  becaufe  being  made  by  the  King, 
xii.  47.  c.  z7.  not  M  jn  fra„eti  where  Tholoffanus  fayes,  Princess  mfter  Alcnarcha  folus,  mi- 
Hut  addiclus  PrincipU  vel  Legunt  Imperio,  furafzbditis,  dr  Magtftratus  ipfospra- 
fcribit,  jurisdiUionisque  cu)usque  modum  ex  Jtntentia  di(lrib:tit  -^  but  with  the  afTentof 
the  Lords  and  Commons,  they  are  to  be  obeyed  as  wife  and  worthy  Ads  of  Govern- 
ment :  for  in  that  the  King  corroborated  with  the  counfell  of  fo  many  brave  Lords  Spi- 
ritual! and  Lay, and  Commoners  as  a  Parliament  of  England  affords,  makes  Lawcs,  they 
muft  needs  being  fo  pondered  upon  and  pafTcd,  carry  the  prefumpnon  of  convenient 
and  fuitable  to  the  nature  of  affairs.  And  Tholoffanus  fo  far  approves  of  this,  that  like 
symagmar.  Juris  a  wife  man  as  he  was,  he,  after  he  has  difcourfed  of  the  French  Kir.gs  abfolutcnefs  in 
"."'»> «o««*7'  making Lawes,  concludes,  Melitts tamen  non dijfteor  Rtnipublicam  Jchabitnram,  &c. 
/  do  net  doubt  to  fay,  'Trtould  be  bitter  for  the  Common-  health,  if  cur  meft  Chnftian 
Kingwould  take  the  Ctunfell  of  his  Senate  in  making  Lames ',  bj  which  means  they  would 
be  more  mature  and  advifcdt  then  by  the  Counfell  of  fiw  they  can  be  hoped  to  be,  for 
men  of  parts  and  loyalty  to  the  ft  ability  cf  his  Throne,  would  focn-r  quit  their  places 
$tnd  preferments  under  him,  then  fin  agaitsjl  God  and  him  by  Counfelis  of  flatter j. 
Thus  he. 

Sed confaetnkines ,&  legis  natt>ra fentey,tU,pofl  qttam  inScripturam rednQa  &  fiffe'tcnti 
1  autloritate  Principis  promulgate  ftiertnt  ac  cufiodiri  '^ubeantur,  in  conflitutiontim 

five  fiatutorum  naturam  mutantur. 

Here  our  Text-Matter  fhews  how  the  ternary  of  Laws  pie-mentioned,  become  re- 
gularly and  effedually  Statutes,  which  all  perfons  are  to  take  notice  of,as  that  which  has 
an  obligation  on  them,  &  they  are  to  exprefs  a  duty  to:  lor  though  Cuftoms  dobind,& 
the  Laws  of  Nature  do  bind  men  jnforo  £)«',and  inforocivilitatls  &  decsrii,a  they  evi- 
dence men  intelligent  of  their  duty  ,and  obfequious  to  that  w*11  hasupon  fo  juft  grounds 
l^juhHmy'JZ  a  regency  over  them  -,yet  they  feem  not  in  the  fenfe  of  our  Chancellour  (as  I  concceive) 
,«  facificMnr,     inforo  poena  e  xternA^ncl  by  an  intiding  of  the  Civil  Afagifirate  to  punifli  the  non-ob- 
r,"tr  cattaria  fervancc  °f  them,  become  obliging,  till  they  are  transfer'd  into  a  pofiti ve  Law.    For  as 
cctneraiie-mY-  where  there  is  no  Law,   there  is  no  transgreffion ;  fo  where  the  transgreifion  is  not 
ftic  jut.  inter-   breach  of  a  pubiifh'd  Law,there  ought  to  be  no  puniftiment^for  punifhment  is  the  effeft 
STic*. "[  "rui.  of  a  fifl  committed^and  by  a  known  Law  vio!ated,the  Magiftrarc  provoked  and  dtfpifedj 
.  ♦*•  °  which  in  this  Cafe  not  always  being,  fince  there  are  many  offences  againft  thefe  Laws, 

which  men  may  not  know.     Our  Text  fays,  that  whatever  the  offence  of  not  ob- 
ferving  Cuftoms,and  the  Laws  of  nature,  be  in  themfelves ;.  yet  as  Humane  Lawsjhcy 
arenot  in  MagiftratitjueConftrullion,  till  magiftratically  they  be  made  fuch  -y  and  that 
they  can  onely  be  made,  by  being  form'd  into  the  method  of  Statutes,  and   paffed  as 
fuch  by  the  Royal  Affent, which  chiefly  gives  the  life  and  noble  energy  to  them.  And  this 
^"'T"*'  ':t"  the  Chancellour  fets  down  pithily  and  orderly  ;  they  muft  be  in  Scripturam  redail<tt 
i'l'Z'np™  %  that  they  may  be  not  onely  durable,  but  alfo  certain,and  entred  on  the  Parliament  RoS-y 
RomatuHum  ii,  for  the  Law  being  the  Extraft  of  Juftice,  leaves  nothing  to  difcretion  and  uncertainty  % 
Thoio1r«.Ts''ptae    Decanfe  il  ^nows  danger  and  inconvenience  may  come  in  at  that  door  •  but  as  it  requires 
».*i.  c  io.«rM."  that  Laws  be  had  in  honour  when  made,  fo  does  it  deferve  fuch  honour  from  men,   by- 
being 


A  Commentary  ttpon  Fortes  cue.  n*f  • 

beingnofnare.butafecurity  to  them,  leaving  nothing  arbitrary,  or  under  the  expofi- 
tion  of  any  man's  will  or  pleafure;  but  as  declaring  the  penalty. fo  appointing  of  old  be- 
io;e  P>  mtingczmc  in  date,  and  men  might  have  the  Laws  of  them  printed )  that  they  ?°°t,^!^6i 
fhould  be  proclaimed  by  the  Sheriff  in  his  County,  and  the  AH  s  were  often  enrolled  in 
other  the  King's  Courts,  that  the  Judges  might  Lake  knowledge  of  them,  accordii  gly 
to  adminifter  jufhee  to  the  people :  all  which  argue  the  care  of  the  Law;  1  or  when 
Lawsare  once.m  Scriptnram  rcda&e,  then  they  are  by  the  Rule  of  Reafon,  andby  D.3.&fc*faj[ 
the  Judges  men  of  reafon  and  confeience,  to  be  interpreted  i  and  this  is  no  fmall  pa-  c.». 
viledge  that  Laws  which  reach  all  men,  are  reducedto  writing ,  that  all  may  read  and. 
conhder  them,and  plead  them  for  their  defence  and  indempnity.  And  furely  the  wiring 
of  Laws  the  Holy  Ghfl  mentions  as  a  blefling  in  this  regard,whenhe  commanded  Me*, 
fes  to  write  the  Law,  and  the  Kings  ef  1  frael  to  write  the  La  w  ;  yea,  when  God  wrote  the 
Law  (  which  omnipotently  and  primarily  he  had  written  on  the  Tables  of  man's  heart  ) 
in  Tables  of  Stone,  to  be  a  Monument  of  ihc  per  pet  nit  joiit%  obligation,  and  theinexcu-' 
f.blenefs  of  his  breach,  who  knowing  the  will  of  God,  and  Law  of  his  duty,  yet  does 
it  no:,  but  is  rebellious  againft  it-  He  exemplified  to  man  the  greatnefs  of  the  bleffing, 
to  have  not  onely  a  Law,  according  to  which  he  was  to  live,  but  a  Law  written  -,  the 
fanftion  and  imp:ration  of  which  he  might  certainly  know,  by  having  it  penned  under 
his  eye,  and  wuhimbe  reach  and  capacity  of  his  reafon.  And  therefore,  though  as  I 
have  before  noted,  Laws  there  were  probably  before  Mofes  ■,  yet  none  of  thofc  Laws 
were  publifhed  in  the  form  of  them  to  the  people,  that  were  to  live 

by  and  be  judged  according  to  Law  by  way  of  writing.    From  the     «*■"  MoC$  tmfefttm  Script*  jur*  mn 
mouth,  of  the  D.ftators  of  them,  did  Nations  of  oldjreceive  their    jEffifr  £tS£S£IS 
Laws.    In  allufion whereunto  'tis  (aid  in  5 cnpure,That  the  Priijts     ™« «?>« fuiiia, »«m/i «. «^«  «//« «,«. 
lips  Jh-tUpreferve  knowledge,  and  the  Law  be  enquired  at  hts  mouth.     '"Xilcb^^HbTc'  Cunatu''De*'<:" 
From  Mofes  his  lenity  and  tendernefs  onely,  was  the  firft  reduction      "     '  rzomm' 
of  Laws  to  writing.     And  being  fo,  they  muft  further  before  they 
can  be  Laws,  be  fuficienti  authoritate  principis  promulgate.    For  as  no  Laws  can  be  fuch 
in  the  facrednefsot  them  without  Authority  ,  fo  no  Authority  can  make  them  Laws, 
but  that  which  is  fufficient  to  that  end  -,  and  becaufe  none  is  fo  fufficicnt  to  that  end  buc 
that  of  the  Prince,  thcTexthys,  fuffiiicnti  authoritate  principis  promulgate  ■,  for  Legi- 
slation being  the  aft  of  Ma  jefty ,  excludes  all  exercife  of  it  befides,  or  without  it,  and  fo 
not  onely  fays  the  Civil  Lawt,zs  Tholoffantts  quotes  Authorities  for 

it^  but  alfo  the  Common  and  Statute  Laws,  as  I  have  abundantly    sumi  &%„  amicm  r*w&fiua»mt 
heretofore  proved :  contrary  to  which  there  is  no  one  good  Autho-     «'»/■«  iimt-m,tmtiimmumY*€m  f»t<ft, 
rity  rightly  underftood  in  all  the  Law-  Books  that  I  have  met  with ,     *J  *gtt3Ett£Z 
yea,  becaufe  the  nrlt  Statute   of  15  £.3.  was  made  without  the     wpt'ii.  Thoioff.  sja:*%.  imu.U4.*j. 
King's  confent,  the  Statute  of  the  fame  year  did  repeal  it,    and  the     '•'7-»I- 
Title  of  ir  fays,  The  lafi  mentioned  Statute  was  repealed,   becaufe  it     roulton'sStat/141. 
w at  mait  without  the  Kings  confent.    For  though  Sub  jefts  in  A»r- 
liament  may  prepare  and  humbly  offer  to  the  King  their  requcfts,  and  a/Tent  as  much 
as  in  them  lies  to  the  paffing  of  Laws  ■,  yet  he  gives  by  his  pleafure  of  paffing  them, the 
quickning  word  to  them  ■,  and  therefore  they  are  faid  to  be  if/if tcient  i  authoritate  prin. 
cipii  promulgate. 

Ac  cuftodiri  jubeenturjn  coxBitutitnum  five  Stat utor urn  naturam  mutantnr,  &  deinde 
panalims  ejuam  antea  fubditts  principis  ad  e  arum  cufiediam  conftringnnt,  Jeveritate 
maxdati  illius. 

This  our  Chanccllour  adds,  to  fhew  that  Laws  ("like  Phyfick)  muft  have  forae  potent 
ingredient,  to  carry  them  to  a  right  working  on  the  part  affefted  -,  and  this  he  calls , 
Fear  and  dread  of  difpleafed greatnefs ;  and  the  confequence  of  it,  Fine,  Imprifonment, 
andasthecanfemaybe,  Death:  For  as  God  himfeli  is  not  known,  but  by  the  Judg- 
ments he  executcth ;  nor  feared,  but  for  the  command  he  hath  over  the  bodies  and 
goodsofmen,  which  he  can  blaft  and  ruine  in  a  moment,  and  for  the  Hell  that  he  has 
in  the  other  life,  to  caft  the  body  and  foul  of  implacable  and  impenitent  men  into :  So 
Kings  are  not  obferved  in  the  Laws  of  their  declared  Authority,  further  then  they  do 
Jubere  cuflodiri  leges,  and  that  penalins  tsuam  antea  fubditos  cenjiringxnt.     For  in  Eng-  # 

land 


228  A  Commentary  upon  Fortescue. 

land  I  fuppofe  every  Law.either  common  or  Statute.has  a  certain  duty  and  penalty,  and 
*  as  the  duty  is  regarded  with  the  favour  of  protection,  for  fo  fignifies  the  words  ot  King 

Ed.  I.  in  the  Stat.  15.  rcgni  Stat.  2  where  fpeakvng  of  the  Laws  and  Cuflcmscfthe 
SeeSiffAfM^  Realm  of 'England,^  his  Prerogatives  and  Rights  Royal,  he  adds,  We  etnfidcring  h.w 
t.«6.of  pmal  that  by  the  bend  of  our  Oath,  we  be  tjed  to  thcobfervancc  and  defence  rffuih  Law  .Cufioms,  ■ 
Laws,i  ioftit.  R\thts,and  Prerogatives : )  So  is  the  violation  of  it  with  the  proper  penalties,  therein  ex- 
preflcd, accultomed  o follow  fuch  tranfg'effions.and  no  other,the  !  aw  of  Eng /.leaving 
little  todifcretionor  p!eafure,efpecial!y  in  the  penalty  of  ^tatutes.wberein  nothing  being 
expreffed  penal,theSubjt<ft  that  will  be  rclraftory  thinks  himfelf  more  fafe  Tor  the  Laws 
of  En'tand  by  xheKings  in  their  parliaments  made.were  ever  intended  to  be  mercifully 
medicinal,  Vfcr  V^of  evacuation,  not  excoriation.  Hence  tart  Laws  have  beenob- 
ferved  ever  fho.t-Iiv'd,  as  was  that  of  boiling  men  to  death  for  Treafon,  ^ :  H.  8.  c.  9. 
which  was/cpealed  by  1  E  6.  c.  12.  (which  Starute  of  ape  1  fays,  Nothing  being  more 
g»dh,  more  fttre,  more  to  be  veifljedand dc fired betWixt  a  Prince  the  fupreme  ftiadand  Ru- 
ler,and  the  Skbjtftswbofc  Governour  and  Head  he  is,  thn  on  the  Prince's  part  great 
element j  and  indulgmcj,  and  rather  too  much  fur given' fs  and  remiffl-m  tf  his  R  yal  Power 
andjufrpunifiment,  then  tx  all  Severity  and  fu[iice  to  be  fiewtd,  and  on  the  Sub  jells 
behalf,  that  they  fljould  obey  rather  for  love ,  and  for  the  ncctffity  and  love  of  a  King  and 
Prince,  then  for fear  of 'his ftraight  and  ftvere  L-twer..  Every  good  and  loyal  Mibjeft 
will  hold  himlelfobliged  to  conform  to  his  Prince's  pleafure  in  things  not  mala  per  ft, 
and  not  fear  a  penalty  more  rather  then  love  a  duty  •,  but  where  the  contrary  is,  Prin- 
ces are  furnifhed  with  power  to  order  Contumacy,  and  their  Proclamations  command- 
ing the  obfervance  of  Lawes,  are  very  ftrong  to  not  onely  invite  good,  but  terririee- 
vil  Subjcfts  to  Conformity  •,  and  this  the  forementiomd  Statute  alfo  hints  in  thefe 
words,  Tet  fueh  time  sat  fome  time  feme  in  the  Common-wealth,  that  it  is  tie ce {far y  and 
expedient  for  the  reprefenting  of  the  infoleny  and  unrulynefs  of  men,  and  for  thofe  fore- 
feeing  and  providing  of  Remedies  against  Rebellion,  Infurrecli'm,  and  fnch  M  (chief; > 
that  Jharper  LaVecs  as  a  harder  bridle  fbould  be  made  to  flay  tkfe  men  and  fills ,  ih*t 
might  elfe  be  occafion,  eaitfc,  and  'Anth**rt  <f  further  Inconvenience,)  fo  he ;  and  that  of 
37  E.  2.  c.  5,  &  6.  which  was  repealed  by  ?8  E.  3.  c.  2.  the  very  next  year ;  thefe  and 
others  might  be  inftanced  in,  which  conSrm  what  is  the  all,  I  conceive,  our  Text  intends. 
in  thefe  words.   It  followes. 

£halit  eft  Legttm  Civilians  pars  nen  mtdica,  etna  a  R.omanorum  Principibus  in 
magnis  volumimbus  redigitur,  &  eorum  aucloritateobfervari  mandatnr.  Tjn- 
de  Legis  Civilis,  »t  eater  a  Imferattrum  fiatuta,  jam  pars  tHa  nomenfortita  eft. 

la.  1.  T,t.  4.  dc  conftitmionibus  p(in-         This  is  made  good  from  the  Digeft,  which  is  authenticated  in  all 
eipam.  parts  of  it  by  the  Emperours,  who  fet  it  out  as  the  body  ©tLawei 

ExUipiano  mflit. ..  f.  14.  u.  Civil  t  and  in  that  Vlpian  is  quoted,  thus  faying,  $HodcunV-e  tgi- 

tur  Imperatcr  per  Epiflolam  &  fubferiftioncm  ftatuit,  &c.    what- 
C»m  Trincp;  jmerhcmio  redtSa  ,n  incw.      rocver  ,^  Lmperour  bj  his  Utter  or  Subscription  appoints,   or  ttntw- 

pirtmm.    Giols.  p.  %i.   tnttrlocutM  lit.  *  •        ,    .. '  .        .  J        '  "  sit- 

teg  decrees,  or  advifed  y  and  Thron.illy  utters,  or  commands  by  his 
Protlamaton,  that  ought  to  be  a  Law.     That  thefe  Conftituaons  of  the  Emperours  at 
Rome  in  their  fucceflivc  Ages,  and  the  fayings  of  famous  Lawyers  book'd  into  the  bo- 
dies of  Ci'ilLawes,  make  up  as  really  ihe  Civ  I  Z<Jw«asthe  Original  L  w.fdo,  is  as 
plain  to  all  knowing  men,  as  that  the  Stat  1 'tes  are  part  of  the  LuVces  ot  fngland,  and 
omn,-HiMte,»-   bought  to  be  accounted,  as  well  as  the  Cuftoms  and  Records  of  Couns,  and  the  En- 
M*''""'  *»<"»<    tryes  of  Law- Judgements  in  the  year-Books.    lor  lince  all  Lawes  are  gradually  made, 
crjM*,  -cmftunit,   bcu1g  by  one  and  the  fame  power,  they  are  owned  with  equall  Reverence  as  well  the 
'"nImfc(tn    late»«s  the  elder  ■,  yea,  Modeftmus  confide'ring  that  all  Law  is  cither  (uch  at  Confent  ^ 


mivit 


hb. .  ttfuUmm.  made,,  or  Ncccfftty  introduced,  or  Cuftnm  has  fettled,  fayes,plainly,<w  (M-m)*^^* />- 
j>*^**,,Tit'   *7ftt"f»&c-  l*ter  Conftit  aliens  are  more  prevalent  thtn  former. 

Liii  z   Excufaii- 

onum"  Siigiturinhistribatejtiaftomn:<   Juris  fsntibus,  L'git  Anglix  prajrantiam  prcbave- 

rim  p'afulgere,  L<gem  tllam  bon.nt  ffe  „r  efieacem  ad  regni  il/ius  rtgimen  etiam 
comprobavi.  Deinde  fi  earn  ad  cjH  dtm  Rtgni  utditatem,  ut  L?g<sC  viles  ad 
Imperii  bonnm,  4ccommed»tam  effe  Incidt   cftenderim ,   ntdum  tunc  L'gem  it- 

lam 


A  Commentary  upon  Fortes  cue,  up 

lam  praftantem ,  fed  &  ut  Leges  Civiles  eleilam  (  ut  tn  opt  as  )  etiam   fa- 
iiftti. 

This  is  the  Method  which  the  Chancelloar  propofes  to  the  Prince's  Solution,he  being 
in  fulpenfc  ■  whether  of  the  Lawes  he  fhould  (tudy.as  in  the  fore-mentioned  part  of  die 
Comment  on  this  Chapter  i  have  further  fignified.     And  the  Chancellour  being,  as  an 
£»glifc-ma»,   zealous  for  the  Law  of  his  freedom-  and  as  a  Mailer  in  that  Science, 
cuiiu-rned  to  promote  the  honour  ol  his  ftudy  and  delight,  finding  t hi  Duke  of  txeter's 
Daughter  tht  R*ck_;  brought  in.o  the  Tower  fokn  Holland  then  newly  created  Duke  of  *ot-  *•*'«■*«»? 
Exeter  bcingm.deConitableofit,  and  intending  it  as  a  Preface  to  tbit  Law  which  "0l\iJh^\ 
allowes  the  ufe  tf  it,  which  the  Common  Law  does  not.     I  fay,  the  Chancellour  ad-  r««  r™>.f.,s 
vertifedofthis,  applyes  himfelf  to  the  Prince  to  prevent  any  rivall  Law  h  fhewing,that 
not  oneiy  the  Rac  hi /  of  England  was  beautifall  and  well-fhaped,  but  fruitfull  of  all 
that  amounts  to  Order  and  Ornament  •  and  that  as  the  civil  Lawes  are  very  fit  for  the. 
rmp.ro,  and  every  way  correfpondent  to  the  Magnitude  of  that  vaft  and  Gyant-like 
body  ■,  fo  are  the  Lawes  Common  and  Munic.pc  fuch ,  as  fct  out  livclyly  and  pre- 
ferve  healthfully  the  beauteous  and  lovely  Conftitution  of  this  Britijb  Empire  :  which 
though  the  truth  ofit  be  ended  by  the  Judgement  ©f  the  Lawinall  Ages,   andtheex-  jinftit./.m, 
perience  of  the  order  and  renown  of  the  Nation  by  reafon  of  it,  the  violation  whereof,   Il»- 
in  the  Lawes  undervaluation,  has  ever  been  the  Nations  hatred  and  vehement  Profe-. 
cution  •  yet  the  good  Chancellour  not  contented  to  pack  upon  the  Prince  heaps  of 
Presidents  and  infinities  of  Quotations,  ( which  are  moft  Hiftorique,  that  fuch  the  tern- 
per  of  the  Nation  has  been,  then  rational  that  fo  it  judicioufly  ought  to  have  been) 
here  proceeds  to  fntisfiehimargumentatively  ■,  that  there  is  no  favour  fhewed  therein 
to  the  Lawes,  bat  that  which  her  defcrts-havc  made  the  Subjects  her  Debtors  by,    and 
that  the  sun  is  no  more  ufcfull  in  the  firmament  for  the  invigoration  of  vegetables; 
then  the  Comroonlaw,  as  it  was  in  his  time  ufed,  is  for  the  well-being  of  this  Nation 
to  which  it  is  every  way  hclpfull,  both  •as  food,  exercife,  and  phyfick.  And  fo  concludes  ' 

the  fiteenth  Chapter. 


CHAP.  Xvi. 

Leges-kt^vzinhisesttipfafancinnt  Legis  Nature  ratione,  ntn  welter t s  fejortsv't 
,unt  in  fudicits  fuis,  quant  in  conftmilibtts  funt  owncs  Leges  caterarum  N*ti~ 


enum. 


&c. 


T 


His  whole  Chapter  is  but  a  TranGtion  to  what  he  had  preaflcrted  as  his  proof  in 
behalf  of  the  EngUfh  Lawes,  as  flowing  from  that  Trinal  fountain  of  Law, 
Nature,  Cuftoras,  Conftitutions,  the  firft  whereof  being  the  Law  of  Nature,  and 
the  fame  with  all  Lawes,he  pafles  over  without  any  ftay  npon  it,  as  conceiving  no  ne- 
cefli.y  to  inforce  that  by  argument,  which  already  is  in  grant ;  and  fo  do  I,  after  the 
exampleofmy  Text-Mafter,  pafsoverit  with  a  Teftimony  of  Sir  £^*<ir^  C«e£s  perti-  ..  Mertonj. 
nent  hereto.  Our  Common  Laves  (  faith  he  J  are  properly  And  aptly  called  the  Lawes  ».».  ».js.»  initit' 
•/England,  facaufc  they  are  appropriated  to  this  Kingdom  of  England;  as  moft  apt  and 
fit  [or  the  Government  thereof,  and  have  no  dependence  upon  anj  forein  Law  whatsoever, 
no,  net  on  the  Civil  or  Canm  Law,  ether  then  in  Cafes  allowed  by  the  Lawes  of  England  ; 
and  therefore  the  fo'it  fpakt  truely  hereof,  Et  penitiis  tOtO  divifos  orbe  Bntannos  : 
So,  as  the  Law  of  England  is  propriumqnarto  to  the  Kingdom  of  England,  therefore 
forew  Pre  fidtnts  are  not  to  lie  ebjeSled  againft  ms,  becauft  Vce  are  net  SubjtEls  to  foreitt 
L'wes,  thus  that  Sage :  And  with  his  Juftification  of  our  Lawes  as  good  and  ef- 
fcAual  to  the  Governmant  of  England,!  end  my  Notes  on  this  Chapter. 


S  f  CHAP.  XVII. 


22o  ^Commentary  upon  Fortescue, 


CHAP.  XV II, 
Regnum  Angliar  prima  per  Britones  inhabitatum  efi. 

HEre  our  Chancellour  enters  on  tbe  fecond  head  of  his  Argument  on  behalf  of  the 
Laws  of  England,  Cufiomes,  and  thofe  he  not  onely  proves  to  be  moft  antient , 
but  ufed  and  accepted  as  good  by  five  feveral  Nations  ,  all  which  ruled  facccflively  in 
Britain.     The  firft  whereof  were  the  Brims  ,  a  people  whofe  name  and  origin  many 
have  diverfly  defcanted  upon.  Mr.  Cambden  knows  not  what  to  fay,  but  concludes, 
that  in  tbtfe  aifes  'tis  an  caper  matter  to  impeach  the  falfe,  then  to  teach  and  maintain  4 
Bri"nnUmJv,-  truth.  Many  count  them  Aborigines  :  Mr.  Cambdcn  thinks  Gomers  Pofterity  to  be  the 
o.«>"«o«r0j  cimbri  which  might  come  to  this  lfland,as  the  uttermoft  Quarters  of  the  World-,  Go- 
Aborigines:™.-  mr  |Tgmfying   utmost  bordering.     But  this,  as  all  other  fuch  like  opinion,  1  takewuh 
lmJ.0™  it«mS  refpeft  to  his  great  name.to  be  but  ccHjetturc.    Time  having  loft  us  fo  irrecoverably  in 
€<ta.  $yib.  t  he  dark  of  its  not  to  be  regained  difcovery ,  that  to  be  pofitive  in  any  thing  is  not  onc- 

/"0'  ly  fond,  but  a  phanfiful  madnefs.That  Britains  were  very  antient  Inhabitants  here,  and 

prime,  as  our  Text  has  it,  that  we  can  read  of,  Stories  confirm ,  and  that  their  Druids 
**•«♦•"•,         and  Priefts  were  the  great  men  of  Learning  and  Law,  is  alfo  known  of  old.     Otthefe 
fcnp^n  of  Sri-  many  Anthours  are  quoted  by  the  learned  fore-cited  Authour,  which  I  will  not  enlarge 
<*>>,p.+,5>*.  &c.  Up0n:  thefe  Britains  were  alfo  the  fame  with  the  Gauls  of  old,  and  had  one  Language 
and  Cufl-ome,  which  the  Welch,  the  remaining  Britains,  hold  to  this  day,   as  they  do 
their  Cbrittianity  •,  for  to  their  eternal  honour  'tis  rccorded,that  from  the  time  of  their 
firft  Converfion,  which  is  faid  to  be  i%co  years  ago,  in  Anno  162.  after  Chrift,    they 
j  Book  Mift.ir,    never  after  wholly  defected  from  Chrifhanity,  but  as  they  held  their  little  fpotofLand, 
um.HtUȣfhcd.    ^  ^ tbeir  own  Authours  do  not  deceive  me  )   from  Brute  to  CadwaUadar,  which  they 
p-u<  computcabout  1820  years  under  ioiKingS;  fo  do  they  continue  alfo  very  refolute  in 

retention  of  their  Language  and  Cuitoms.     And  as.  Britijh  Language  they  at  this  day 
fpeak;  fo  do  they  pleafe  to  be  called  by  thenameof2?nta/»/,  which  name  of  old  was 
the  general  name  of  the  people  of  all  thefe  Iflands,  wherein  as  the  King  of  it  was  itiled, 
Jnfularum  Britannicarum  Monarcha,  and  did  in  right  of  his  Imperial  Crovrn,^uatuor 
maria  ftbi  vendieart :  fo  the  Laws  ofit  were  called  the  Britijh  Laws.    But  about  the 
yearcJoo.  the  Angles,  a  people  of  Germany  came  upon  us ;  and  about  Anno  827.  Eg- 
bert being  crowned  King  of  all  Britain  at  Winchefter,  made  an  Editt, 
v,<u chronic.Auguft.  Cantuaticnfn,  p»g.    that  aH  Saxons  jbould be  called  Englifh-mcn,  and  Britain,   England  •, 
»i?s-  Soft™  ■>"<"•£*>•>  "i"  Weft     and  D<«/ confirms  it,  that  about  the  year    829.  that  tho/e  that 
S^ozumm'^"Wt9*tt '        r'S"  A"      ^ert  heretofore  called  Kings  of  the  Weft-Saxons,    were  for  the  future 

to  be  called  Kings  of  Englift-men.    So  famous  ever  fince  has  Eng- 
land been  accounted  of,  that  not  onely  Pope  Gregory  call'd  its  Mo. 
J9inaleDr.si..,e,.«<I>.lond.  nutchs,  Domini  liber ortm,  Lords  of  free  Subjects-,  but  the  King* 

domitfelf,  Regnum  Dei ,  the  Kingdom  of  G"d.  But  concerning 
England's  Kingdom,  1  have  in  part  written  heretofore,  and  fhall  hereafter  in  another 
place:  Jierefore  that  which  1  fhall  add, fhall  be  an  accufation  of  my  own  Nation,as  at  this 
day,fo  ot  old,as  ingrate  to  God  lor  his  mercies ;  not  onely  in  a  good  Land,every  way  a 
Canaan  of  plenty  ,and  to  all  intents  of  Peace  and  War  accommodated.-,  bu  c  in  the  difco- 
very of  his  glorious  Gofpel  to  us,in  the  power  &  purity  ofit,  though  the  fruits  whereof 
is  little  feen  in  onr  lives  For  as  it  was  in  the  days  of  old,  they  were  eating  and  drinking , 
and  taking  and  giving  in  Marriage  till  the  Flood  came,  andftoept  thofe  fecure  merry  mad- 
t*.  *•»•  men  away  ;  and  zs  before  the  Norman  C  onqueft,  there  was  a  man  of  God  (they  are  fcr- 
tialenfis  his  WOids)fore.teld,  that  God  would  fend  afcourge  on  the  Englifh/sr  their  beaflly 
and  cruel 'vices  ;  not  onely  Murther  andTrea fen,  but  Drunkennefs,  and  defpighff  the 
houfeandfervicecfGod;  but  alfo  for  their  antique  fafbions,  which  fntwed  the  injr.ibil.ty 
Note  this.  of  their  minds.  I  fay  as  thefe  Omens  were  then  on  the  Nation  ■,  fo  truly 'tis  to  be  fear- 
ed, that  lome  heavy  mifery  impends  us,  who  have  not  learned  obedience  by  the 
things  that  we  have  fufferea,  who  abound  in  fecret  hatred,  each  to  other  ^  who  are 
proud  beyond  our  fortunes,  prodigal  above  our  proportions,  floathful  beneath  inge- 
nuity, envious  to  great  merits,  cenfurers  of  grave  manners ,  contemners  of  Native 

Cuftoms, 


■ 


A  Commentary  upon  Fortescue.  l^i 

Culloms,  AffeAors  of  vicious  pleafures,  intollerably  peevi/h,  mercylefsly  favrge, 
brut  fhly    voluptuous,  zcaloufly  prophane,  and  frigidly  religious,  amongU  whom,  Smttaim  infirm'; 
the  ton  of  man  when  be  corneson  the  earth,  will  noc  frtdefo  much  faith  as  strain  <rf  **''£*  ^j*""1 
y.uftard  feed  in  bulk,  nor  as  a  bubble  of  air  in  folidity,  all  complement,  all  boaft,  no  ZJr*  IZ  flrlZ 
[rath  m  word  or  deed.     Sfd  auferat  oblivio,  avertat  Dens  malum  Omen,  Lit  peace  d"fi-  **>f«"*J»' 
.xnJ.tr  M,  OLord,  he  inour  Hezechiah's  dajes ;  for  he  hath  by  his  Proclamation,  for-  "ZJ'^ZrZ 
bidden  p. ophaneneis;  and  whatever  befall  us,  let  us  fay,  The  Lord  is  ^fl,  and  we  have  »«'/«•««. San$, 
re  ape  d  but  the  fruit  of  our  own  Defervings.    1  or  never  was  there  a  Nation  more  beloved  fu"^",",,  '*v„l~ 
pf  God,  and  laved  from  the  hands  of  our  Enemyes  then  we  have  been  •  and  never  **«  simon  re. 
was  there  more  turning  ofihe  grace  of  God  into  wantonnefs,  then  has  been  amor.gft  lrus  ad  u,um° 
us,  who  yet  do  not  know  the  things  that  belong  toour  peace. 

Deinie  per  Romanos  regulation. 

This  is  added  not  onely  to  {hew  the  fuccefllon  of  Conquefts,    but  the  accidentall 
Benefit  of  them  -,  for  the  Romans  being  a  people  of  univei  fall  Empire  and  Civility 
with  their  power,  brought  learning  and  manners  hither,  which  is  part  of  the  notion  of 
ugnUtum.    Under  whom  the  Romans  came  ( for  without  a  head  and  order  they  did  no- 
thing )  is  cvulenc  in  Story  •,  Suetonius  tells  us  Julius  Cafar  did  vifit  Britain  to  their  coft,  ^S"ff"  «?  & 
the  pearles,as  fome  fay  here,  indrawinghim  hither,  and  the  money  here  given  him  ap-  Jwi"/"f«X°,« 
pealing  hii»,and  keeping  Natives  in  the  pofldlion  of  their  Eftates  and  Lawes :  Augnfius  t"um,u&  °t>fidu 
would  no  Voyage  to  Britain,  thinking  the  Lmpirc  would  be  neglected  at  home,  when  ■cL?uZ'.^.l"i> 
ithadfuch  affairs  to  do  afar  off;  but  Claudius  was  of  another  opinion,  and  therefore 
he  fent  Plamius  hither,  who  did  many  great  matters  tending  to  the  Romans  advantage;  Cambden    t 
which  Vomitian  feconding,  fctled  to  the  Romans  a  great  part  of  this  Land,  placing  Gar-  xUmSpkuom 
rifons  in  the  moft  proper  and  tenable  places,  and  by  them  awing  the  fubdued  Natives:  "Ad»»o«^«». 
Adrian  built  a  Wall  to  keep  the  Roman  Conqueft  from  inroads,  fo  did  Severn*  and  jjT^hlu  .» 
M.  Antoninus  make  high  Walls,  and^Wayes,  together  with  other  laborious  Mbnu-  Aatonino./Mj«. 
mentsofo.der,  not  purpofing  ever  that  the  Roman  power  fhould  ravall  off  in  Britain. 
Butaslowandviftoredasthe  Natives  fecm  to  be,  their  ftomachswere  notlcflcned 
nor  did  they  fo  much  fubmit  to,   as  repine  under  the  infolence  of  their  Roman  Riflleri  • 
as  ddign  made  them  watchfull,  fo  refolution  bold,to  take  the  firft  occafion  ihey  faw  to 
their  own  reltitution,  and  the  intention  oftheir  Ufurpcrs :  In  Sevtrus  his  time,  they 
flew  into- Arms  and  fo  incenfed  him,  that  he  ordered  Execution  ;of  the  Britains  they 
tookRebells-  but  Death  determined  his "tragick  Edidt,  and  his  Succeflbrs  vice  made 
the  hopes  of  a  better  time  more  probable  and  neer.    In  this  juncture  Ccnfiantine, 
a  Britain  by  the  Mother,  becomes  Emperour  -,  then  Britain  had  cafe,  but  his  Reign  ex- 
piring, with  Valett'wian his Su'cceflour new  troubles arofc ±  tillthe  Natives, refolving 
the  lalt  and  moft  defperate  thoughts  in  Thcodofms  his  time,  a&ed  them  and  were  eman- 
cipated by  them  •,    which  though  then  they  little  knew  how  to  manage  moderately,  yet 
happened  to  be  the  abolition  of  the  Roman  power  after  a  476.  years  Continuance  in  a 
great  and  heavy  meafurc  here.     Yet  as  bad  as  the  Romans  were,  they  never  afflicted 
the  Nation  like  the  Northern  Cormorants,  which  followed  them ,  nam  finis  twins  mali, 
grades  eft  futuri.  So  it  follows. 

Itcrumcfnc  prrBritonesrf*  Saxoncs.      . 

The  Romans  bring  difteifed  of  the  moft  oftheir  power  here,  the  Britons  think  them- 
felves  in  a  good  degree  poflible  to  become  free  ■,  but  alas,  the  Romans  ftrongly  plan- 
ted and.Garnfoncd,  having  Wives,  Children,  and  improvements  in  the  Nation,would 
not  eafily  quit  them,  nor  be  driven  om  from  them:  yea,  fo  did  they  adhere  to  their 
acquifitions,  that  for  fourty  years  afier  the  Rcfurredionof  the  Natives,  thefedomi- 
neer'd,  and  held  their  own  making  excuxfions  and'  inroads  •,  yea,  endangering  a  rally 
again  oftheir  difperfion,  and  that  to  the  Britains  re-Eclipfe  if  not  extirpation.  In  this 
ftraight,  the  Natives  call  in  Auxiliaries,  and  thofe  the  Saxons,  a  poor,  hardy  and 
Pyraique  people  who  were  modeft  at  firft,  and  came  in  fuch  numbers  onely,  as  the 
Natives  fufpefted  not,  but  after  drew  by  degrees  more  and  more  out  oftheir  Country, 
till  at  laft  they  tyrannized  ten  thoufand  times  worfc  then  the  Romans  did;   tbeparti- 

S  £  z  cular 


&f'1- 


Etuanaia,f  n> 


ASout  tlie  year, 
soo- 

Bciiamiu./'.uz. 


zji  if  Commentary  upon  Fotes  cue 

Britanni3./..iio.  cular  whereof,  aad  tlie  miferyof  the  Nation  under  it,  our  CambJtn  has  moft  fully  fee  - 
forth.  Thefe  fubdued  the  Bntains  and  made  themfclves  Lords  of  this  Land  •,  the  An- 
gits,  a  people  between  Juit-Un  d  and  Hvlfatia  joining  with  them,  and  being  power  - 
'lull  amonglt  them ,  by  rcafon  of  which  the  Nation  was  termed  England,  quafi  Angles. 
land,,  according  to  which  venerable  BedeMa  his  £**«»  Hiltory,  Hiftori*  Gentis  An- 
flontm  :  during  all  whofe  times,  inaHep  at  chy  of  Government,  which  laftcd  fbra 
longtime  ,  there  was  nothing  but  civil  War  and  blood  .(hed;  till  Egbert,  Kingofthc 
fV'R-Stxons,  prevailed  over  the  other  Kings  of  the  Saxons,  and  fo  had  for  atime  the 
whole  Government  to  himfelf. 

But  not  long  was  it  before  the  Dunes,  who  many  years  by  Pyracy  had  infefted  the 
Coaft,  now  enter  thclaft  by  force  of  Arms.  So  it  follows. 

Et  tunc  pfrDanos  idem  Regnant  parttmper  dominatnm  eft,  &  iter  tint  per  Saxones. 

This  is  the  fourth  variation  of  the  Lords  of  this  Nation,  as  it  was  conquered  by  the 
Dane  a  pitifull  deboift  Nation,  bordering  upon  the  Balrique-Sci,  wholly  living  on 
Pyracy, and  by  reafon  of  luft  and  promifcuous  ufe  of  women  jnulciplyed  fo  numeroufly, 
that  their  own  Country  not  being  able  to  conrain  them,  they  were  forced  to  feek  a- 
broad  for  habitations  where  they  could  findc  them  put,  and  force  themfelves  into  rhcrn. 
Hither  they  came,  and  here  they  made  fuch/;«r/y  burljes,  that  it  furpafTes  the  Pen  al- 
moft  of  all  Hiftorians  to  aptly  exprefs  them-,  fo  that  one  that  confiders  them  well 
would  conclude  them  to  have  been  of  ihe  R.ace  of  thofe  Devils,  that  entred  into  the 
Saxein  fwine,  and  run  headlong  into  the  Sea,  and  were  overwhelmed  and  drowned  in 
Lubricity  and  Effeminatenefs .-  A  'fred  and  his  Son  overcame  them,  and  rcftored  the 
Nation  to  a  fifty  years  freedom  from  their  Tyranny  ■,  till  Sweno  the  Dane,  taking  ad- 
vantage of  Ethtlred's  fofenefs  and  invigilancy,  entred  England  with  a  mighty  Army, 
and  over  threw  the  Englifb  ■,  but  they  re-enforcing  their  right,  carryed  it  and  lodged 
happily  in  Edward  the  Confeffer,  who  was  the  Son  of  Ethclred  by  his  fecond  Wife  : 
thus  was  the  Crown  again  in  the  Saxon  Race,  till  the  Confijfor  dyed  ifTuelefs,  which 
being  by  the  wife  difpofition  of  God, made  way  for  the  Norman  Conqueft,  which  was 
the  laft  and  durable  one.  As  it  follows  in  our  Text. 

Sed  pnaliterper  Normannos,  tjtioram  propago,  Rcgnttm  Hind  cbtintt  in  prcfenti. 

This  was  a  Conqueft  with  a  witnefs,  not  onely  of  plenary  prevalence,  but  alfo  of 
duration  andfucceilional  Continuance ;  for  it  was  not  over  a  part,  the  reft  unfubaA- 
ed,  nor  yet  for  thelifeof  the Conquerour,  orthefame  and  terrour  ofhim  conti. 
nucd  in  his  Son,  or  to  the  proportion  of  that  ViOon,  which  is  reported  to  be  feen  by 
the  Conquerour,  telling  him,  That  his  Pofierity  Jhould  tnjtj  his  obtainments  I  so  years  ■ 
but  it  was  fuch  a  thorow  one,  that  it  rooted  out  all  the  Englifo  Nobility  and  Gentrj^ 
yea  it  carryed  all  fo  torrent-like  before  it  into  the  black  Sea  ofdifmallnefs,  that  all  kind 
and  ftiew  of  ju (lice,  was  for  a  time  perverted.  Concerning  therefore  this,  as  amply 
and  ingenioufly '.difcourfed  upon,  1  referr  the  R.eader  to  that  particular  difcourfc, 
which  Mr.  Cambden  has  written  of  it,  whereby  it  appears  -that  the  Saxon  Empire, 
which  had  continued  about  <Sco  years,  determined  -,  which  though  fome  take  upon 
them  to  fay,  was  for  a  Judgement  of  God  en  the  baft  avarice  sf  the  Magiftrates,  and 
fnperfiitiom  Uzjnefs  of  the  Prelates,  as  Mr.  Cambden  s  words  &re  ;  yet  was  not  onely 
•for  the  part  and  then  prefent  fin  of  the  whole  people:  but  to  induce  the  purpofe  of 
God  in  the  after  felicity. of  our  Nation,  which  we  have  long  enjoyed,  upon  the  ac- 
count of  what  follows  in  the  Text. 


Broaipton  m 
Will.  i.  />.  960. 
Vix  aliqmu  Trin- 
MpiifeAaglorum 
fro^ciM  ejfet.f, 
»80,  jSi. 

Britannia />.  141. 
&f'q. 

T«J.  Hi. 


Quorum  prepago,  regnnm  illud  hue  ufque  cbtintt. 

This  our  Chancellour  annexes,  to  ftiew  the  fecret  pleafure  of  God  •,  who  though  he 
be  altogether  goodnefs,  yet  for  a  pnniftiment  of  Nations  (ins,  fuffcrs  evils  to  come  on 
them^and  when  his  glory  is  thereby  rightcd,converts  the  ill  defigns  of  men  to,  the  good 
of  thofe,to  whom  the  A&ors  therein  leaft  intended  it.  The  Norman  Conaueror  he  came 
into  England  fiercely,  and  changed  the  Britijh  Government,  andinagreatmeafurc 

their 


A  Commentary  upon  Fortescue,  233 

tbcir  Laws.extruded  the  Englifh  out  of  their  Poffeffions,  and  placed  Normans  in  them  ; 

yet  in  few  years  his  Succeffours  reftored  much  again,  the  Engli/b  revived,  and  his  Sue-  Lm  of  Frce 

ceffours,  faith  King  fames,  have  with  great  happinefs  enjoyfli  the  Crown  to  this  day.     So  Af»*arrf»W. 

that  Quorum  relates  not  to  the  Britain*,  Romans,   Saxons,  Or  Danes,   but  to  the  Nor-  p  t0i- 

t»<h»  onely,  becaufe  their  Iffue  onely  had  the  Crown,  and  fo  were  the   Quorum  pro- 

.pfgn  within  the  words. 

Quorum  propago  J    Not  quorum  filii,  or  Sxcccffures  :  but  prcpago  a  word  adapted  to 
the  inccnt  of  continuance,  d:tla  quod  pons  pangatur,  id  eft  ,    longi  figatnr  •    and  the 
Chancellour  lntendstlieConquaourto  bea  Vine,  which  planted  in  this  fruitful  Soil, 
would  fhoot  out  many  branches  of  regality  to  not  onely  ;in  illuftrious,  but   a  durable 
purpofe ;  and  as  they  lnould  influence  (  regnum  Mud )  this  Englifh  Kingdom;  fo  fhould 
they  do  ic  hue  ufque,  not  onely  biflorique,  from  the  firfl  prevailing  to  the  time  of  the 
Tex:,  but  Prophetical,  of  a  longer  continuance,   even  to  the  times,  when  time  fhall  be 
r.o  more  :  which  later  hue  ufque  reaches  onely  to  in  the  expofition  of  good-will,  the 
Text  chiefly  limited  the  hue  ufque  to  its  own  time,  which  was  about  356   years  thus 
calculated^   William  the  Conquerour  came  in  about  the  year  1066.  from   thence  to 
Henrj  the  fixth  coming  to  the  Crown,  which  was  in  Anno  1423.  in  the  fucceffion  of 
1  ?  Kings,therc  was  3  5  6  years  5  and  if  we  add  thereto  3  o  years  at  leaft.that  he  raigned,  See  »«.*c.ci«r-- 
before  perhaps  our  Text  was  publifhed,  it  makes  the  hue  ufque  to  be  386  years,  which  I'^^f^Z'. 
was  a  long  time.     Forjhusit  pleafed  God  to  fortunate  not  onely  the  firft  attempt,  but 
to  continue  the  Ma  jelly  and  memory  of  it,cven  to  fo  many  SucceffionSjnotwitliftanding 
the  iundry  intcrcurring  rarieties.    So  true  is  that  of  the  Wifeman  ,  No  man  knows  good 
or  evil  by  what  he  fees  under  the  Sun.     For  though  Hannibal  loft  the  day,  and  was  over- 
thrown at  home  by  a  Roman,  a  young  man  inferiour  to  him  in  reputation,  experience, 
and  forces  •,  and  that  when  he  and  his  affairs  were  moft  important,  and  he  endeavoured 
rr.oft  to  fhew  himfelfa  Carthaginian  vtterane:  yet  Charles  the  eighth  of  Pr*»ce,thoug!i 
a  young  man,deftuute  of  money  and  counfei,  came  to  invade  Naples,  ftrongly  guar- 
ded ,    and  amply   furnifhed  ,   yet  obtained  all  his  defires  with  eafe,and  became  Ma- 
iler of  thera,  which  made  Pope  Alexander  fay,  The  French-men  came  as  Harbingers 
into  Italy  with chalkjn  their  hands,  to  make  and  take  *p  their  Lodgings  where  they  lifted,  *,<*<;Hnh'rn'- 
not  having  occafionfo  much  as  to  fut  on  their  Armour  m  4&  their  Voyage.     So  true  is  that  Voi^.zot.' 
of  the  Wifeman,  The  Lot  is  cail  into  the  Lap,  but  the  difptfition  thereof  is  of  the  Lord.        r'°v-  >«•  33. 

Et  in  omnibus  natiomm  harum  &  re  gum  eorum  tern  fortius,  regnant  illud  eisdem, em- 
It  us  jUm  regitur,  confuetudinihus  continue  rcgulatum  til. 

Here  oar  Chancellour  ufes  a  pleonafm-,  and  to  fhew  bis  love  to  the  Law,  and  his  con- 
fiarcy  in  afferting  the  credit  of  it,  tells  us,  that  whatever  the  alterations  of  the   Ma- 
tters of  it  Kings,  and  their  people  of  feveral  Nations,  were,yet  the  Cuftoms  of  England 
flood  firm  under  them  •,  by  reafon  whereof  thofe  words,confuetudincs,znA  continue  regjt- 
latum  f#,are  to  be  qualifiedly  underftood.For  xitenfuetudines  be  taken  complexly  ,either 
for  the  Laws,  or  for  all  thofe  ufages  that  were  topique,  then  undoubtedly  there  will 
not  be  (as  I  humbly  conceive)  a  preeife  hiftoriquc  truth  in  confuetudlnes,  no  more  then  in 
continue  regulatum.    Lor  as  the  learned  Selden  obferves  on  tbefe  words,    The  Saxons  ui „.,.„,  ,7. M; 
made  a  mixture  of  'the  Britifh  Cuftoms  with  their  own  -,  the  Danes  with  the  old  Britifh 
the  Saxon  an*\  their  own, and  the  Normans  the  like,  the  old  Laws  of  the  Saxons  mention  the 
Danifh  L«W  (  Danelage  )  the  Mercian  Law  ( Mercenlage  )  andthe  Weft-Saxon  Law 
(  Weft-Saxonlage)  oj 'which  alfo  fvme  Qountreys  were  governed  by  one ,  feme   by  another. 
Yea,  the  Common-Law,  which  is  the  general  cuftomc  of  the  Nation,  when  it  is  attribu- 
ted to  Saint  Edward  as  the  Compiler  of  it ,    yet  is  fo  to  be  underftood,    as  hy  his  com- 
mand it  wasframed  out  of  the  three  pre-mentioned  Laws.  So  fays  Brampton  pofitively  *  ^M,rw  p  ,s<  ■ 
Furthcrmorc,when  tbeRomans  had  their  Colonics  here,they  governed  them  by  the  Civil  957.    • 
Laws,  as  well  as  they  governed  other  parts  by  Britifh  Laws,  difpenfed  by  Romans,  and 
when  the  Normans  prevailed  ;    though  the  Conquerour  isfaidto  call  Anglos  no-  /BTr4/4,.  ^ 
biles, fapientes,rjr  infua  legeeruditos,Scc.The  wblt, wife, and  learned  Englifh  Lawyers, that  ,«  w.  1.  •*». 
t>f them  he  might  have  an  account  of  the  Laws  and  Cuftoms  of  England  ,  acevrdingtogvhich  TwiW.f.  itK 
there  were  chofen  twelve  men  out  of  every  County,  who  were  fworn  before  the  Conquerour, 
that  tothebe^ef  their  power,  theyfiwldju/tly  and  indifferently  make  knoWn  the    truth  of 

their 


234-        A  Commentary  upon  Fortescue. 

their  rejpellive  Lawes  and  Cuflcms,  pafjing  by  tr-nt  of  them,  neither  adding  to  or  dimiwjh- 
jpc'nun  in        inffrnm  anjofshcm-.   I  fty  though  this  was  done,  yet  whokr.owsr.otforall  tins    he 

*i'.o!  ttf.*H  7. 

Jornalenfu 

f-  »•«•  alfo"  the  Councils,  Wittenagemots,  Sbiremotes,  Wardmotes,  though  moftly  under* 

Norman  names';  yet  did  he  either  put  Normans  into  place  and  poffe  flion  of  them,  or 
elfe  made  fuch  additions  to  or  fubltrattions  from  them,  as  Cor.queroursufeto'do 
'  whofe  will  is  the  Law  :  iiorcanitbeexpe&editfhoiildbeoth-rwif.:,  fo  long  as  God 
has  appointed  time  to  ebb  and  flow  with  uncertain  Viciffitudes,  to  bring  in  and  carry  off 
the  temporary  Inhabitants  of  the  world,  and  with  them  their  language  and  manners- 
which  is  the  reafon,that  at  this  day  language  is  fo  confufed  and  mingled  •  as  that  nothing 

Eochait.  ceogr.  0f  tnc  primaEVe  idiom  almoft  fubfilts.and  Nations.yea  even  our  Na:  ;on  has  been  fo  party 

act  1  .      *.  15.  ^  ^^   ^  thjt  ^e  pCOp|e  Qf  u  j,ave  jj£cn  ac  Qne  timc  one>    an£j  ano,f,er  time  anot|)er  . 

when   the  Romans   were  in  power,    they   were  Roman  in   Lr.wes  <?r.d   Manners- 

(  yea,  though  they  did  at  firft  Romamm  Hngitam  abutter  e    could' 

£££  3S.S3I  «=£■!£     «oe  endure  the  Roman  fpeech )  vet  by  the  Romanes  civility  of  na- 

»»j.senoc.«<iAibiiium.f.  7.  ture  and  convention,  they  did  Rot  onely  Romanameloquentiam 

,.  .  ..        a  .  .         ,    f  ,   .      concupifcere,   but  grew  to  be  Romanly  vain  and  vicious,  not  ench  in 

Jndt  hahmi  noftn  honor  &  frequtm  tog*.  ,',        ■  /*  It      I-         J  ■  _  r       r       r     "       " '  V    m 

Fau!*timntt,  Jtnjjkm  tft  «d  dtiinuMntavi-  habits,  but  in  perfume  s  and  bathings,  sn  law.tjsnefs  cj  (tyet  andlnx- 
iwnm.  ftrticns,  o-W>«.  &■  nnrivurum  urj  of  entertainments,  "frhich  even  the  meaner  fort  of  men  called  ci- 
j^,,,  «»,>««  f.rwutttp,.  Tacuus  vilitj  and  kindnefwf  hospitality ,  whin  ffrM  part  of  their  Slavery. 
Uvtputt:  to  Tacitus:  to  which  Giliat  affents,  when  lie  fayes,  England  was 

cxrat  com- u.  s.&t.  Ecii.  Qa'.iic.  called  bY the  prevalence  of  the   Roman  power,  and  Cuftoms  In 

it,  non  Britannia,  fed  Romania,  which  prevalence  was  not  onely 
over  the  Lawes  and  Language,  but  Religion  alfo,  which  the  Romans  changed  by  abo- 
/,. Claudia*  15.  u(hjngthe  Druids,  whofe  nefarious  carriages  Suetonius  te!I  us ,  the  Romans  wou Id 
co'nftam.iT.»  i  r,ot  endurci  though  I  know,  they  long  after  were  here :  yet,  as  Mr.  Stlden  fayes,  not 
Auguft.  sctiptur.  as  the  potent  Infpircrs  of  the  Nation,  but  as  Students  of  Myfteries;  to  which,  *  Am. 
T.  3i7.idrt.sy;b.  jMarccRin'M  gives  Authority.     The  like  al'fo  was  theiffue  of  the  prevalences' of  the 

Saxon,  Danes,    and  Normans,  to  which  as   Conquerours    the 

.       ,.,.,.    ,       fame  Methods  are  afcnbable;  it  being  the  infeparable  comDanion 

gt5fafZtrmmfh«u  fpni,,  ,nfir<u«t.  fa-    of  Conquclt  to  be  altered  in  language  and  in  L*wes,  if  not  wholly, 

iriMmm  f»»nm  r:im,  &  veatuta  piunnu    which  feldom  is :  yet  in  a  good  meafure  which  never  is  otlierwifc* 

cT s!^ZS^l T.    DC    And  therefore  though  it  may  be  true,  that  the  Ccmquerourdid 

confirm  the  good  Lawes  of  the  Confeflor ;  becaufe  they  were  iuft 

and  honeft,  a«d  extracted  out  of  the  very  bowels  of  natural  j'ufHce 
Trtfact  nth.  i  ^.  _  ^  cdteris  patria  Legibus,  before  an]  ether  Lawes  ,    becaufe  be 

zft  mum  fiindam.  quid  enfiutudo  %«'  thought  it  hard  to  judge  bj  Lawes  he  kji:n>  »cr,,thofeof  theCon- 
Notwegiai  <«  ufi,nt  in  ^odiirnum  diem,    fcfl©r  probably  being  onelv  the  written  ones-  vet'didhe-ilfo  il. 

emd  omnii  qui  dticHJHi  regis  Noiwegix  dig-       .  «  -■<  °        r     a.  Ui-  'r-        1       . 

tfinmrifefiiim.  tun  fit  ft»r,m .  **«-  low,  out  of  a  private  refpeft  to  the  inglonousnefs  ol  his  birth;  the 
aiugtmtui,  tamumjmfibi  vmdicat  m  T^eg-     Norwcj  Lawe«,  they  allowing  the  bafe  Son  of  any  Kinf  of  that  King-- 

Zf72l»X7tt2S&  ■  t"''^'^'7^'  'bough  he  bebemef  a  Bend-Mother,  Vtith 
pu-tiprftr.p.r.s-  '  the  Son  and  Heir  born  in  lawfull  wedlock^  ar.dcf  a  frte  Woman  ■  and 

that  being  his  Cafe,  he  did  the  honour  to  thofc  Lawes  to  intro- 
duce them,  though  as  to  that  end  they  never  had  any  credit  here  ■  all  which  Premifes 
confidercd,  the  Text's  univerfality  of  Language  in  the  behalf  of  the  Law,  is  (  as  I  fajd 
before )  to  be  undcrftood  with  limitation  ■  for  neither  were  all  the  Cufloms  or  Lawes  of 
England  by  them  reatined,nor  were  they  conftantly  ufed  to  govern  by  them :  but  every 
one  of  them  as  they  faw  moft  advantageous  to  them,took  and  left  the  Britijh  Lawes  and 
Cuftoms  or  fomc  of  them,  and  in  fo  doing  were  but  wife  in  their  Generation  and 
both  fcrved  thewifelves  of,  and  fecure  thcmfelves  by ,  the  Providences  God  gave'  them 
auxUiarly  to  them,  which  if  they  had  not  done,  (  jufticeand  honelly  thereby  beino 
promoted)  they  had  done  weakiy  and  (as  their  omiifion  might  have  been  caufal  o( 
blood  and  cruelty)  wickedly. 

<$u*.  ft  optima  non  extitiffent,  aliejui  Rtrttm  ihrum  jpft'ttit ,fatime  vilafeclicne  ctnci- 
t'ati,  casmntaffent  velomnim  dcttvifrent. ' 

.  ■*    .  .  This 


^Commentary  u^on  Fortes  cue.  235 

This.flowing  from  the  precedent  Claufe,will  alfo  be  dubious;as  it  Hiftorieally  was:  For 
though  our  Text-Mafter,ar.d  Sir  EdCtolL  after  him, make  this  an  Argument  for  the  Pa. 
ramountfhip  of  the  Common-lawjyet  as  it  here  flands,it  makes  little  for  it,fince  thac  wch 
is  urged  for  the  {lability  of  it  under  all  Powers.is  rather  a  flowerand  fruit  of  the  Chancel-  preface  to  t 
lour's  love,then  that  which  I  can  warrant  from  Hiflory.  For  although  I  cannot  fay  any  of  ReP- 
the  Kings  here  mentioned,  Britains, Romans,  Saxons,  Danes ,did  change  the  Laws  univer- 
fallyjor  that  thofe  parts  that  they  changed,were  by  them  fo  changed  upon  reafon  of  Ju- 
ftice  (which  isarare  Jewel  in  a  Conquering  Ear,  and  not  often  the  Companion  of 
Profperity  •  efpecially  in  Affaults  and  Succeffes  of  Foraigners,  whofe  accefs  being  one- 
ly  to  gain  their  fuccefs,  is  mainly  feen  in  luxury  and  voluptuoufnefs,  ailbciatcd   with 
cruelty  and  oppreffion  )  yet  that  feme  of  them  were  changed  by  the  affection  of  the 
changers  to  their  own  (lability,  better  forwarded  by  foraign  Laws  then  thefc,  is  sj 
true  even  as  Gofpcl :  yea,  and  that  thofe  Changers  were  over- ruled  by  God  for  the 
Natives  betterance,  is  alfo  moft  plain.    Forfince  we  cannot  but  believe,  that  the  Pra- 
denceof  all  Governments  tended  to  honour  and  order, which  were 
probableft  fooneft  arrived  at,  and  fadlieft  maintained  in  ,  by  the 

reafon  and  juftice  of  Laws  made  up  of  the  quinteflences  of  all  col-  ifi  Edwardus  ftft^m  \«  ««».«»./„,•« 
Jettons  and  bodies  of  Laws.  It  is moft  likely,  that  the  Laws  in  ffZX^^sT^XL 
ufe  amongft  our  Anceftours,  which  are  in  the  tore-  mentioned  fenfe  »« tega.  ptfytmnper  «•  amm  „nr  «v. 
to  be  underftood  were  the  Laws  which  for  the  moft  part  and  longed     **»»'>  fif«*  ■  &  <i»4  Miyimi  n*d«* , 

.     ,      '     ,  .  „  ->  t-  *     .1  <    c°  I'S'i  'ft*  voau  fum  Itres  Saofti  Edwardi 

time  were  theLaws  here  under  all  Governments.  For  though  Saint     mn  ?KM ,^,,  p„m  imn„tt.fti  ria  rd. 
Edwards  Laws    which  were  but  the  Laws  of  Edgar  revifed^wcre*    /"/**  mod*  f<,r>t*.  &  » ilMw  icrtua,. 
here,  and  the  Conquerour  fet  ( as  I  wrote  before )  a  feeming  value    V^S^S^SLSlLR^. 
on  them,  and  braved  as  if  he  ftiould  have  them  the  Handing  Rule  :     /»«</<«.  Knighton,  dc  E»eotibas  An- 
yet  when  he  found  they  would  not  fit  Norman  Interefls,  heeither    ^d.^'1'"1''  **-iH>»»i«.*<»*i* 
10  wholly  fuppreffed,  or  elfc  fo  gelded  them,   that  Nerman  they 
fecmed  rather  to  be,  then  Britifh,   or  Engl'tfb  ;  and  divers  Norman  Cufloms  were  in 
prattice  firjl  mix'dwith  them,  and  to  the fe  times  continue  ;as  fuececding  Ages,  fo    new 
Nations  ( coming  in  bj  a  Conqutft,  although  mix' davit  h  a  title,  as  that  of  a  Norman  Con- 
querour is  to  be  affirmed)  bringalwajs  feme  alteration.      Bjthis  well  conftdered,  that  of  Notes  on  this 
the  Laws  of  this  Realm  being  never  cht\nged,wiS,  be  better  under  flood :    thus  Mr.  i'elden.     chapter,^. 

Et  maxime  Romani,  qui  legibnsfuis  qua  ft  totum  orbis  reliquumjudicabaut. 

This  Note  on  the  Romans  chiefly  is,  not  from  any  fecret  antipathy  they  had  to  the 
Britifb  Laws,  qua  huh;  but  refers  to  the  method  that  Scientifically  they  as  the  beft 
bred  and  politiqueft  Nation  under  Heaven,  exerted  themfelvcs  and  their  dexterity  by. 
Livj  terms  them  a  Nation,  Natam  inllaurandis  reparandifque  bcHis,  and  being  fuch 
in  a  hcighth  beyond  others,  'tis  likely  they  would  introduce  all  the 
infianccs  ofConqueft  for  their  own  aggrandi/ation,  and  the  fup- 

preffion  of  all  hopes  of  reverter  to  the  Conqueredi  which  Conquc     i)ominm  n,imt„.  &invii»  tafiiUijmh 
vers  cannot  more  fienally  dothen  by  change  ofLaws  andLanguagc :     3f™",'W'  t'xT"  "&*»**% 
both  whuh  were  done,  andtromthe  /cs«4»/polliD]yisit,thatour     vK,fliut**iytpr»i^nditimm.  TUoior- 
old  Laws,  and  Records  of  Courts  yet  are  in  Latine  ■,  as  from  the     ftn.syat.juns,  uu  *j».  ir.  2+  f.  „.. 
Normans,  that  our  Pleadings  and  Books  of  Law  were,  and  arc  yet 
in  French. 

The7?cwxwthen,whofirftbytheLawoftherw/i«r^/w,  made  the  Civil  Laws,  ^ff'r^J& 
and  by  their  Emperours  added  daily  to  them,  as  they  expatiated  their  Empire,  cannot  ,mhlt„Z ' /„„ . 
be  thought  to  give  way,  when  Conquerours,  to  our  Brittifh  Lates-,   fo  as  to  caufe  the  **>][•<<*  !'£«»•■ 
Civil  Law  to  ceafe  exercife  here,  becaufe  it  was  their  own  Law ;    and    therefore  did  ^'^c^aiii 
they  carry  on  their  Martial  and  Civil  Government  every  where,   as  well  as  in  the  Mo-  B.om. 
ther  City  by  it.  This  muft  be  granted, though  it  fomewhat  impair  the  drift  of  our  Text,  See  |hi  NoMf 
becaufe  amicus  Socrates,    amicus  Plato,  fed  magis  arnica  Veritas.     And  therefore  Mr.  0n  thischapter, 
Selden  yields  it  •  and  the  jfcnfc  of  the  Text- Matter  here  is  onely  to  be  underftood  with  »=<« »"°  °" 

*  „     '  *  Fl'i*,f.f\l.  HI, 

ingenuous  allowances.  tj-seq. 

Ne  que  ver0  tantorum  temper  urn  curriculis  leges  chiles  in  quantum  R.omanorum  tnve- 
terata  fitnt  neque  venetorum  leges,  qua  fuper  alias  anfiquitate  divulgantur  , 
&c.  A» 


u6 


Preface  teuhe 
j.  Rep  orr. 


Prerace  ro  the 

I  ".Report. 
$.'  I  mania 
Ptol.Gloffary. 


Obferve  this 
weS. 


The    Ass- 

thour's    Im- 
partiality. 


Speech    *Ar.ru 

J60J.   p.  SJ1.   Of 

bit  Wotks. 


<eMert  an  ELeti, 
•  4. 


Preface  to  the 
».  Report. 

Note  wtU 
the  exec  Ben' 
cy  of  the 
Common- 
L*Vts. 


A  Commentary  upon  Fortes  cue. 

As  the  former,  fo  this  is  a  kind  of  feraphique  inltance  and  argument,  rot  exa&ly  ac- 
countable to  the  plam  ter  our  of  Hiftory.  lor  though  our  Char.cellour  were  a  n.ofr 
honcftandexa&man,  well  verfed  in  all  Learning ■,  yet  dare  1  r.oc  alTert,  or  make  a  de- 
fenfive  Comment  on  this  his  Chapter  barely  upon  his  Authority.  And  though  .Sir 
Edw.  Cnkjs,  and  (hall  be  much  my  Oracle  in  o.her  matters  •,  yet  in  afferting  the 
Common- Laws  antiquity  from  Brute ,and  1'know  not  what  antique  Anceftry,ior  which 
he  fays  he  has  onely  our  Chancellour,  whom  he  right  lj  terms  of  profound  kjx-w  '*ge '» the 
Laws,  and  an  excellent  Antiauary :  yet  in  this  1  lhall  not  ( under  favour )  fubfcnbe  to 
him,  becsufe  not  onely  'tis  impoffible  almoft  if  not  aliogctbcr,  to  find  tnuh  at  that  di- 
ftance  ■,  but  becaufe  the  confcqucnce  of  that  uncertainty  ,will  be  certain  blemifh  to  mine 
own  Judgme.nt,and  import  a  kind  of  arrogant  vapour  over  that  which  my  duty  and  in- 
genuity rather  bows  down  to  and  venerates,  then  in  any  thought  or  word  will  or  d<ire 
difefteem;  nor  is  there  any  fruit  from  fuch  vain  and  profitlcfs  digladiation,  as  the 
heightning  of  one,and  depreciating  the  other  Law.occaiions  j  but  the  forfeiture  of  the 
adventurers  credits,  and  the  difplay  of  their  cholcrick  pafiior.s  Let  thefe  heats  then 
die  with  Hcttoman,it\d  Coek^  the  firft  and  fierce  Combatants.  Comparifons  between  the 
Laws  are  astodious  now  to  revive,  as  are  the  Precedencies  and  Antiquities  of  the  two 
Univerfities  •,  which  though  fomc  think  they  do  well  vindictively  to  renew,  is  no  true 
part  of  gallantry.  For  my  part  I  do  own  equal  honour  to,  and  fo  I  hope  do  all  Cm- 
bridge  men  to  Oxford,  as  to  my  Mother  Univerfity  -,  and  I  would  have  all  0.->  fords 
worthy  Sons  fo  to  profefs  and  evidence  to  Cambridge  my  Mother ,  and  that  conlldering 
them  as  the  two  onely*  Nurfes  of  good  Learning  in  this  Realm.  They  are  the  words  of 
the  a  and  j.  jhil.  and  Mary,  c.  i  5.  And  as  thefe  are  the  common  Breads  that  nourifli 
the  men  of  both  Laws  ^  fo  would  I  have  the  nutriment  they  there- from  receive,  evU 
dence  it  felfin  all  the  fruits  of  common  kindnefs,  which  their  growth  gives  them  op- 
portunity to  fhew  each  toother  :  To  promote  which,  as  1  a  perfon equally  obliged 
to  the  merits  of  the  ProfefTours  of  borh  Laws  •  and  in  neither  my  felf  a  ProfeiTour,fhall 
Chriftianly  pray  for  their  sccord  •,  fo  fhall  1  in  this  Difcourfe  willingly  write  nothing 
that  may  offend  either,  or  bo  h  of  them,  but  keep  my  Pen  {teddy,  as  near  as  I  can,  to 
truth,  and  to  that  fober  peremptorinefsinir,  which  becomes  humility  ,  and  the  con- 
fcioufnefs  I  have  of  mine  own  weiknefs :  Which  digreffion  i  think  hitherto  necelTary  •' 
yet  not  further  to  be  profecuted  :  1  return  therefore  to  the  Text,  declining  all  com- 
parifons between  the  two  Laws,  and  refting  in  the  grave  Judgment  of  King  fames, 
concerning  both  their  ufe,  here.  For  a  King  o/England  to  defpife  the  Common- Law,  it 
is  to  neg/ett  his  cton  Qriwn  ;  and  I  think,  'fthe  Civil-Law  (hould  be  taken  away,  it  would 
make  an  entry  to  Barba'rifminth  t  Kingdom,  and  would  blemijh  the  honour  of  England. 
And  alter  the  King  enlarges,  My  meaning  therefore  is  not  to  prefer  the  Civil-  Law  before 
the  (  ommsn-LaVo,  but  onely  that  itjhsuld  not  be  extinguijh'd,  and  yet  fo  bounded,  I  mean 
to  fuch  Courts  and  Cassfes,  at  have  been  in  antient  ufe  ;  as  the  Ecclefiaftiial  Courts, 
Courts  of  Admiralty  ,  Court  of  Reefs/eft's ,  and  fuch  like,  r-efervingever  to  the  Common- 
Law,  to  meddtc  with  the  Fundamental  Laws  of  this  Kingdom,  tither  concerning  the 
King's  Prerogative,  or  the  Pojfejpent  of  Sub  jells  ,  or -any  esutfiuns  either  between  the 
King,  and  an) 'of 'them ,  or  amsngfl  themj elves,  in  the  points  of  hieum  andtuutn:  So 
that  King.  From  all  which  I  conclude,  that  though  it  cannot ,  nor  fhall  not  need  to 
be  averred,  that  the  Common-Laws  and  Cuftoms  of  England,  have  been  the  onely 
Laws  and  Methods  of  Government,  which  all  the  feveral  Lords  of  this  Nation,  have 
conftantly  and  prccifely  kept  themfelves  to  (  the  Romans  uCng  the  Civil-Laws  here 
above  j 50 years,  and  the Saxens,  Danes,  and  Normans,  abolifhing  and  introducing 
what  of  their  Countrey  Laws  they  pleafed )  yet  may  it  very  confidently  be  faid,  that 
the  Common-Laws  and  Ufages  of  England,  have  not  onely  been  very  antient  before 
the  <  onqueft,  and  very  much  approved  by  die  feveral  Lords  of  this  Land  ■,  but  are 
fuch  for  the  nature  of  them,  That  there  is  no  humane  Law  within  the  Circuit  of  the  Vthcle 
World  by  infinite  degrees,  fo  Apt  and  profitable ,  for  the  honourable,  peaceable,  andprejper- 
ou4  Government  of  this  Kingdom ,  as  thefe  antient  and  excellent  LaVes  of  England  be.  A  nd 
hereupon,  fince  the  Kings  and  Tarliaments  of  England  from  the  Conqueft,  have  given 
reverence  to  the  Common- Laws,  and  by  their  additions  of  Statutes  ftrengthned  and 
beautified  it ,  making  the  wilful  and  obftinate  violation  and  fubrerfion  of  it,  not  onely 
penal  pecuniarily  and  by  tmprifonment.,  but  alfo  as  the  Cafe  m?.y  be,  capitally.  It  doth 

(I  %) 


A  Commentary  upon  Fortes  cue»  237 

(I  fay)  from  hence  appear,  that  the  Wifdom  ofthe  Kings  and  Parliaments  oi  Eng- 
/*»/,  and  of  the  Revennd  Judges,  who  according  to  their  declared  Judgments  have 
judged,  did  concurin  Judgment  with  them,  and  with  our  Chancellour  here,  when  he 
calls  them  bona  cr  optima  Ang\orum  confuetudints.  And  fo  I  conclude  the  Notes  on 
this  Chapter,  being  in  no  fort  defirous  to  enter  upon  comparifons  between  the  Laws : 
but  as  I  faid  before,  to  acquiefce  in  the  pre-mentioned  modeft  explication  of  the  Text, 
and  to  avoid  all  diclatorian  confidence, which  in  no  fort  becomes  any  man,  leaft  of  all  my 
felf,  who  do  write,»o»  ut  inftruam  eruditos,  fed  ut  excitem  parAtos.  And  who,  if  I  offend 
in  any  thing,  fhallnotbeafhamed,  but  be  moft  ready  to  acknowledge  it,  crave  par- 
don for  it ,  and  in  the  next  Edition,  if  God  fhall  let  me  live  to  it,  and  it  be  worthy  of  it, 
make  amends  for  it.    This  be  enough  for  the  Notes  on  this  Chapter. 


CHAP.    XVIII. 

S'.atuta  tunc  Anglorum  bonafunt  necnt  ,folnm  reflat  explorandnm.  Noh  cmnt  ema- 
nant  tlla  a  Principis  folum  volant  ate  at  leges  in  regnit  qua  tantum  regaliter  guber- 
nantur,  ubi  qaandoqueftatuta  it  a  conftituetttis  proenrant  commodum  (ingulareyqued 
in  ejusfubditorum  ipfa  redundant  difpendium  &  jatlnram.  ^uandeqne  etiam  in- 
advertentiaprincipum  hujusmodi,  <$•  fibi  confulentinm  inertia,  ip fa  tarn  ineonfulte 
eduntur,  quod  cormptelaram  nomina  f  otitis  quant  legnm,  ilia  merentnr, 

IN  this  Chapter  the  Chancellour  comes  to  the  third  part  and  proof  of  the  goodnefs  of 
theLawsof£»£/W,  as  the  Statutes  of  them  arc  ena&ed  by  the  Sagenefs,  Wif- 
dom, and  Juftice  ofthe  Government  of  England  -,  and  to  make  his  foundation  more  lb' 
lid,  he  firft  propofes  what  the  Statutes  in  their  origin  are  not,and  then  proceeds  to  (hew 
what  in  their  rife,  progrefs,  and  nature  they  are  ■,  by  both  which  he  aims  to  make  the 
Nation  of  England  more  fplendid,  then  Rome  ever  was :  for  though  it  had  many  Tem- 
ples to  Fortune,  yet  to  Wifdom,  Temperance,  Juftice,  or  any  et  the  Virtues,  it  had 
none :     Whereas  England  in  the  Wifdom,  Temperance,  and  Juftice  of  her  Laws,  de- 
votes magnificent  piles  of  praife  and  power  to  her  Princes,  whofe  Attendance,  with 
their  Prelates,  Peers,  and  Commoners,  as  aflenters  to  their  Piety  and  Paternity  'therein, 
raifc  an  immortal  Pyramid  of  regular  liberty,  juft  fubje&ion,  and  Fymmetrious  order. 
To  the  explication  whereof,  our  Chancellour  advances,  i.  Negative,  that  they  do  not 
emanare  a  Principis  folum  voluntate.     In  which  words,  the  Chancellour  implies,  that 
Statutes  do  emantre  a  Principis  voluntate ,  for  he  is  the  Fountain  of  Statutes  ■,  and  as 
Water  flows  from  the  Fountain,    ex  impetn  natnra ,  fo  Statutes  flow  from  the  fatisfied 
judgment,  and  prudent  omnifcience  ofthe  King ,  ex  impetH  gratia  &  regalis  prtviden- 
tia  :  nor  can  there,  or  ever  has  there  been  any  Law  made ,   but  by  the  King  willing 
thereto ,which  we  nfually  call  his  paffing  the  Bills,  or  giving  his  Royal  Aflent.  Whence 
is  the  life  ofthe  Law  •,  yea,  and  the  duration  of  it  too.    For  fince  Princes  may  exceed  Eicon  Bafilk 
in  wifdom, as  mwh  as  in  place  and  power  thej  do  any  of  their  Subjects,  no  man  can  fcele  toll-   c-u' 
mit  and  confine  his  King  in  reafen,  who  hath  not  a  fecret  aim  to  fb are  with  him,  or  ufurp 
upon  him  in  power  and  dtminitn.     Thus  laid  the  good  King  when  he  was  hardly  preffed. 
1  he  Chancellour  then  in  this  Claufe,  acknowledging  the  Prince  to  have  a  freedom  and 
power  of  Reafen  to  confent,    or  diffent :    Ashe  adviks  him  not  to  deny  Laws  that  are  pro 
bono  pnblicoSoT  the  joynrgood  of  King  and  People  •   fo  advifes  the  People  to  be  quieted 
with  fuck  an  anfwer,   as  the  Vcill  and  reafon  of  their  Suteriour  things  fit  to  give.     And  in 
thus  doing,  theLaws  that  are  ftatuted,wi!l«»«»<«rf  a  voluntate  Principis,  which   faves 
the  King's  Honour  and  Right,  Giving  «»f»Ca?far  that  which  is  Cacfars,  and  unto  the 
ftVt/er  of  God  in  him  that  which  is  God's,  Reverence  and  obedience.     Whereas  then  our 
Text  fays,   Nonenimemanant  Ola  a  Principis  folum  voluntate ;  as  it  does  not  fuppofe 
%  the  Lords  and  Commons  excluded  Aflent,  fo  not  the  King  denied  his  Royal  Aflent, 
and  Confent  ■,  but  (hews  that  (  as  before  I  have  faid )  the  King  is  pleafed  to  have,and 
have  the  Laws  to  be  remembrcd  to  be  fuch,  that  the  endearment  of  father  and  Child , 
Husband  and  Wife,  being  infinuated  in  them,  there  may  reciprocations  of  love  and 

T  t  duty 


U&r  **  irfr. 

Plutarchm,  lib. 
De  Fotcuna  Ro- 

manomm.p.ul. 


Ftnt  emttutttCic. 
i.Dma.hb.i  DC 
Juvcn.    t  6ii. 


Eicon  SaiUic' 

C.II. 


138  A  Commentary  upon  Fortes  cue. 

duty  be  enterchanged  between  them  •,  the  King's  Will  rmy  be  the  Law,  becaufe    the 
Law  1$  the  King's'Will,  and  the  Peoples  Rogation  be  his  Concdiion  ,  becaufe  they  ask 
nothing  amifs,  nor  would  have  it,    but  with  fubmiffion  to  the;  r  Princes  freedom  ,Re- 
Eicon.  BaGUc.      membring  that  at  btft  they  fit  in  Parliament  at  my  Subjeils  (  faid  the  King  )   riot  my  Su- 
tu\  periours  ;    called  to  be  my  Counctliours,  not  Dictators  ;  their  Summons  extends  to  rectn.- 

mend  their  advice  jut  to  command  mj  duty. .  Thus  wifely  he. 

Vt  leges  in  rtgnis  ejus  tantum  regaliter gubernantnr. 

This  is  added,  to  (hew  the  privilcdge  that  Kings  and  People  have,  and  the  «b1:gation 
they  owe  to  God,  and  their  Anceftry:  Kings  and  People  thereupon;  becaufe  by  it 
as  Kings  are  delivered  from  the  temptations  of  lawj|fs  Will ,  concerning  which  ,  King 
Djvid  cryed  out  to  God ,  who  doth  i^fw  his  ew*  erroiers ,  k?tp  me  from  prefumptuou's 
ftns.  o  are  people  kept  (unlefe  they  will  be  mad  to  provoke  God,  and  mifchief  them- 
It  lve»)from  all  temptation  to  difobedience :  (No  fubjedt  of  England  being  pofiible,  un- 
der the  legal  government  of  his  Prince,  to  become  a  Traytor  ,  but  by  tb:  i»ftigaticnof 
the  Devil,  and  premeditated  maliee.)\  confefs.in  the  moft  abfokue  Governments,  when 
fuch  as  Augufttts  and  Thiodofittt  are  in  power,  who  were  by  their  natural  piety  fo  re- 
oirpiniinus  •»  drained,  that  they  did  not  onely  not  put  men  to  death  for  their  pleafure  fake,  but  cry 
of.  out,  Z>rinammortuisvitamd.:repojf'umus,  when  they,  do  ufe  their  power,  as  Sextilix  . 

i  ..w ex     tfjc  Mother  ofyiteMtMs  is  faid  to  ufe  her  intereft  in  her  Sons  power,  onely  to  fain  her 
Vnuei>,ram     love  while  fbe  lives,  and  tears  when  Jhe  dies-     When  I  fay  fuch  as  thefe  fpirits  are  in  rule, 
,  ..,„.  lomnq-e  there  is  no  fear  of  truculent  Laws  and  Adminiftrationj ,    be  the  abfolutcnefs  of  what 
racitMju'it"'  they  may  do  what  it  will,   they  will  do  but  what  is  fit  and  gentle ;  but  when  the  licen- 
tiality  of  the  Will  is  in  frill  carcar,when  they  may  make  what  they  will,  Law-,  then  there 
is  danger  of  what  follows  that,  Statuta  it  a  conUituentis  procurant  commodtim  Jingulart, 
quod  in  ejus  fubditorum  ipfa  redundant  difpendium  &  jaSuram.     For  therefore  is  Con- 
.  queft  endeavoured,  and  abfolute  Dominion  arrogated,  becaufe  there  is  in  theobtair.ers 
of  them  an  aim  to  corf  >und  and  lodge  all  their  Subjeds  have  in.  their  own  defpotique- 
nefs  ■,  thefeverity  and  partiality  of  which  endeavour,  contrary  to  the  Laws  of  Nature, 
and  the  Rules  of  Equity, is  that  which  the  Cflancellpur  calls  here  fingulare  commodtim  in 
fubditorum  difpendium  &  jatluram  ■,  which  our  good  Monarchs  hating  to  once  look  to- 
wa.  ds,  or  be  in  any  degree  defervedly  fufpefted  for,  thereupon  are  juftly  sccour.ted 
Fathers  to  their  Subjtfts,  as  well  as  friends  to  their  own  peace  both  of  mind  and  State. 
■"'i^volum^r'  *  w'"  onc'y  ncrc  ^  l^e  WOr&s  of  one  of  our  Chroniclers ;    Divers    ether  Ccuyurfts , 
Dcc-ierion  of     faith  he,  alfo  have  been  pretended  bjf  fundry  Princes  fithence  the  Conquefl,    one fy  to  the  end 
"Smam,f.t..        that  akpriftinate  Laws,  and  tenures  of  PojfeJ/len  might  ceafe,  andthejmake  anewdifpeft- 
l  tion  ofatf  things  at  their  own  pleafure  •,     as  one  by  King  B^.the  third,  but  it  took^  none  cf- 

feS;  another  by  Hen.  the  fourth,  who  never thelefs  was  at  the  laft ,  though  hardly,  dra\X>n 
from  the  Challenge  by  William  Thorington  ,  then  Chief-  f  uftice  cf  England  .-  the  third 
by  Hen.  the  j event  h,  who  had  feme  better  fhew  of right,  but  yet  without  effcH.  And  the 
laft  of aU by  ^uten\Atty ,  as  feme  of  the  Papijts  gave  out -,  and  alfo  would  have  had  her 
to  have  obtained-,  but  God  alfo  ftaid  their  malices,  and  her  challenge.  Thus  that  Au- 
thour.  By  which  appears,  that  though  fome  of  our  Princes  have  been  folicired  pofll- 
bly  by  ill-difpofed  Favourites,  or  miftake  of  the  Laws  matchlefnefs,  to  all  intents  of  go- 
verning this  Nation  :  yet  none  ©f  them  have  been  refolute,  in  following  fnch  danger- 
ous felicitations  and  prejudices  •  but  having  looked  upon  their  duties  to  God,  them- 
felveSi  and  their  Sub  jefts,  avoided  thofe  Rocks  of  danger,  which  by  embracing  thera 
they  had  fell  upon.  For  the  Oracle  of  Kingfhip  faid  it,  cverfaftingly  to  be  in  the  me- 
mory and  mouthes  of  his  ^uccefTours,  Kings ;  If  the  divinefl  liberty  be  to  wiH  what  men 
fhould,  and  do  what  theyfo  wiX,  according  to  Reafen,  Laws,  and  Religion  ;  /  envy  net  my  ' 
Eicon  EaClic.  S»b]'  Els  that  Liberty,  which  is  all  J  defire  to  enjoy  my  ftlf :  fo  jar  am  J  from  the  defire  of 
c' ls'  cpprrffmgtheirs  ;  nor  were  thofe  Lords  and  Gentlemen  which  affifted  me,  fe  prodigal  of  their 

Liberties,  m  w  th  their  lives  and  fortunes ,    to  help  on  the  enflaving  efthemfelves  and  their 
jas*rs.  pnprA  P> fixities.  Thus  he.    Which  amply  fets  forth  the  truth  of  our  Chancellours   C-hara-, 
d*,„mm ,  iuitnr  ctei  of  '  onquerours    who  do  aim  in  their  abfolutcnefs  to  effect  difpendium  &t  jattu- 
w "tUl  '"ntm"  r*m'    tncnoconcly  immoderate  and  unadvifed  lofs  of  their  SubjccFs,  but  even  to  cafe 
'.H,mm'JmZ,r-  them  and  theirs  over-board,  in  the  ftorm  of  their  paffions,  to  an  irrecoverable  fub- 

merfion  j 


^Commentary  upon  Fortescue, 


*19 


grusntt  itfiti'.r    m 
mare  conjicere.    nt 
nuntii  ohnaiur. 
J.  Coniulii. 


verf  on  •  6r  at  lecft  do,  by  mrking  Laws  in  a  huff  and  heighth  of  humour,  without  and   ■"■i«*>/'«">»  «* 
ft  counlc!  of  any  but  ihemfel  vts  ;  which  our  Text  calls,  Pnncipum  inadvtrtmtia  ,   '"'  xmi'^"e  "" 
and  fiii  ccr-J nit  tit: stm  inertia']  and  make  Lsws^  which  in  regard  of  the  novity  and  in- 
cor :  ihtnyo  the  Reafon  of  Government  ,and  Juftice  of  Law,  defcrve  rather  to 

be  blufhed  ar,then  promulged  ;  which  is  alfo  the  fenfe  of  corruptelarum  nomintp otius 
qmm  hgttm  ilia  merentjtr.  *T would  be  infinite  to  particularize  the  inftances  of  ihofc 
ies  abound  with  them  :  But  this  fhall  iuffice  tor  our  Chancellour's  fenfe ,  what 
Statutes  are  r,OL:  come  we  todifcufshispolitiveaffertion  what  they  arc,  and  how  they 
come  to  be  what  they  are,  in  the  following  words. 

Sedncn  fie  .\ng\\zftatutji  oriri  pcjf::nt,d;.m  nedtm  Principis  volant  ate ,  fed  &  totius 
regni  ajfeufu  ipfa  cenduntur. 


Epift,  ,5: 

>  -$.acid.  1)7. 
t"".Dc  Atnicit.j, 


Heieinour  Text  cbftetricates  tothr /S^f/tff-Xrfw.andfheWsthem  to  have  a  cele- 
brious  origin,  Oriri  eftnafcivelfurgerc,  6kh  F  eft  us  •  and  therefore,  as  Pliny  fays, 
Oritur  fens  in  monte ;  and  Virgil,  Monflrum  miralile  oritur,  avATuk]  Oritur  ab  bis 
fermo-,  aud  nothing  is  more  frequent  then  die:  trims,  lux  orient,  fttlUoricns,  and  the 
Jike:  fo  is  it  a  propriety  of  fpeech  that  our  Chanccilour  ufts,  when  he  fays  ftatuta 
criri,  intimating,  that  they  rife  up  from  the  people,  and  being  exhaled  thence  by  :hc 
influence  of  the  King,  who  is  tbehun  intbelirmamentofflule,  do,  from  hisconfenr. 
to,  and  approbation  of  them,  apr-earorient  and  replete  with  vigour  and  authority  ■ 
and  this  concurrence  makes  the  legal, as  well  as  rational  harmony  in  Laws  paffed,  accor- 
ding to  the  EngUlh  ConfHtution .-  the  contrary  to  which,  ( onely  pradifed  in  heat  and 
baft,  but  repented  of  at  lcifure  )  makes  work  for  the  emendation  of  them  by  calmer 
tempers.  For  God  hasfo  joyned  King  and  people  in  tbeir  concurrence  to  the  paffing 
of  Law*,  that  where  any  feemingly  publique  Ad  is  otherwife  then  moremajorum  paf- 
fed-, there  it  not  onely  wants  its  weight  and  efteem,  but  is  alfo  foon  recalled  andaccu- 
fed  to  boot.of  defectuoufnefs.  Tor  tnerearc  three  that  bear  record  to  the  legality  of 
pafling  Acts  of  Parliament  in  England,  the  Lords  Spiritual,  Lay,  and  Commons-,  and 
thefe  three  are  one  in  Affent  under  one  Head,  where  the  life  of  all  the  excellency  of 
Power  refides,  and  that's  the  King ;  whom  God  long  defend,  the  Defender  ofth;  Faith 
and  the  Lavs. 

^uopopnliUfuram  ipfa  efficere  grcjutunt,  vel  nen  eoruw  commodum  procurare.     Pru~ 

dentia   &   fapientia  ,    ntceftario  ipfa  efie  reftrtu  putandum  eft,   dum  nun  uttita 

4ut  centum  folumcsufultorumvirorum  pr::dentia,  fed  plufquam  treccntorum  ek- 

Elorum  hominum,    tjuali  numero  dim  Scn.it  us  Romanorum  rtgeiatur,  ipfa  edita 

funt,8cc. 

This  Claufe  enter;  us  upon  the  very  weighty  confederation  of  Statutes,  as  they  are 
P-'fTed  by  the  Wiftlom  and  Council  of  the  Nation.And  the  word  ^.relating  to  the  Af- 
*cnt  of  the  wholeRealm.that  is,  Kirg,Pe  ersjk  People,  makes  the  consequent  words  true, 
'bat  they  cannot  be  reafonably  prefumed  to  be  grievous  to  either,  but  advantageous  to 
all  •  fince  all  have  made  them  what  they  are,  and  what  without  them  jointly,  they 
could  not  have  been.  And  this  the  Chanccllnur  mentions,  not  more  to  bedignifie 
the  Parliaments,  that  are  confident  of  fo  many,  and  fo  rarely  accomplifh/d  Members 
then  to  illuffrate  the auguftnefsof  the  Crown  ,  to  which  all  thefe  are  fvvorn,  whole 
Lieges  thefe  are,  and  to  whofeSoveraignty  they  do  not  onely  bend  the  knee,  but  the 
heart,  and  ought  to  venture  all  they  have  and  are  for  it  ■,  and  fo  declared  the  Parlia- 
ment of  the  4  2  E.  l .  That  they  coy  Id  not  a§cnt  to  any  thing  in  Parliament,  that  tended  to 
the  difbtrifen  of  the  King  and  his  Cr>.  wn  where*  nto  they  were  [worn.  Yea„  when  the  Na-  , 
tion  owned  his  Hohnefs  of  Rome,  (  rs  they  then  called  the  Bifhop  of  Rome)  for  their  fa-  7™/-.E.t.&  40.' 
cred  Spiritual  Lather ;  yet  even  then  did  the  Lords  and  Commons  in  Parliament,  by  E3, 
confcntoftheKing,  declare*  denial  of  what  the  pope  demanded,  becaufe  it  tended  to 
the  detriment  of  the  Cmtvn  andVignity  cfthe  King,  andts  the  libertfof  the  People.  Which 
wifdom  and  zeal  of  Parliaments,  is  by  our  Text-Mafter  therefore  faid  to  amount  to  a 
ctr.n:t  of  injury  to  the  People,and  to  a  can  and  tt>;7/of  their  emolument.  And  hence  has 
it  ever  been,  that  the  opinion  amor.gft  us  holds  good, that  Nulchofe  di/honourable,tkc. 
Nc  nean  thought  is  to  he had*] c  Par.uimcttts.    For  of  it  is  that  famous  Rule  uttered,  Si 

Tt   i  an- 


and  by  Or.h 
Allcgeancc- 


4  Inflir.  p.  1*. 

7>Wltt. 


24-o        A  Commentary  upon  Fortescue. 


4  Inftir.f.  it. 


antiauitatem  fft&v,    eft  vetxftiffima,  &'C.      If  you  regard  the  /lnticjitity  of  Par/14* 

ments>'tismojl  aged;  if  the  Digntj,'tn  mufl  honourable-^   if  the  J urifditticn,  'tis  moft 

CApactous.     tor  there  is  no  caule  fo  abltrufe,  but  itcan  dive  into  i  fo  litigious,  but  it 

can  period  and  judge  j  fo  important,  but  it  can  ftate  and  regulate.     And  hence  is  it, 

that  Parliaments  confifting  of  the  King,  and  his  Subjects  environing  him,  are  by  tlic 

Chanceliour  faid  to  do  fuch  notable  BeneHcencies  to  this  Nation,  becaufethcy  are  r.oc 

oncly  many,  above  thrice  as  many  as  Romulus  inftitutcd  •  hismun- 

MefTji*  corvinm.  ut,.  De  Augutti  Pio-     ber  being  but  ico,  which  after,  111  the  declcnfions  of  the  honour  of 

tiur.f.ffi,yi  the  Senate,  was  multiplyed  into  a  thoufand.  So  that  the  HiflerUn 

-■"am  vin  Hum.;.  67{.  fays,   the  Senate  fo  overgrown  in  number,  and  fo  mean  inaccom- 

^  plifhraents,  needed  an  Auguflus  to  ref tore  it  by  a  moderate  num- 

"™»rlZ"ZZ™Zrf™J'%ut  &     ber  t0  its  wonted  veneration  •   and  fo  Auguftm  did  reduce  them  to 

f*»"<W<i;    fcc  Suetonius .  in     c>oo.  which  Sir  Ed.Co^  computes  our  parliaments,  not  much  to  ex- 

"****•»■       ♦!*».#.!.  ceed  calculating  them  thus : 

C  Of  the  Lords  Spiritual  24. 

<  Of  the  Lords  Temporal,  about      . -106. 

£  Of  the  Commons,  403. 

Stmi»*rmmSi*ittrHmtoH,j!„m  tecum  tft.     And  made  the  Members  of  the  Roman  Senate  to  be  men  of  worth 
sucion.i*  Augufto,f.59j4o.  ancj  worfhip,  worthy  the  trufi  they  judicially  had  ,  ar.d  were  ex.- 

Sr'^tr^ik^ro':    peeled  jud^oufly  to  d.fcharge:    Which  as  for  the  number,  fofor 
f-  m.  the  nature  of  the  pcrfons,  members  of  it ,  our  Laws  do  follow  this 

Roman  Prefidenc  -t  for  though  Cyclopique  times  may,  to  make  up 
inStnttumitgi,  fmc i,ftrimin$ ttatis.  ten-  a  Faftion,  as  He liogabulus  did,  admit  any  perfon  that  was  buc  a 
/«i,.fflw,f««,u«n„.  Confider,though  he  were  of  no  fortune,  faith,  blood,   nor,  of  or- 

derly Principles :   yet  as  by  the  Decrees  of  that  wife  State,  no  man 
was  to    be  a  Senator,  but. a  rare  perfon,  wife,  r.oblc,  and  able  to  live  to  the  heighth 
oftheftate  ofit:    So  in  our  Parliaments,  there  are  Statutes  of  Regulation  to  F.le&ion 
of  pcrfons,  both  in  Counties,  Cities,  and  Boroughs  :  No  Yeoman  be  he  never  fo  weal- 
thy, is  capable  to  fit  in  Parliament.    By  the    \  H.  5.  c  i.he  muft  be  force  Knight  or 
Efquire,  refideht,  dwelling,  and  abiding  in  the  Shire  ,  and  Cities,    and  Boroughs :  fo 
8H.6.C.7.  the  reafon  whereof  is,  for  that  it  was  prefumed,  that  men  of  blood,  for- 
tune, and  breeding,    will  have  more  knowledge  in,  confeience  to,  and  honour  by, 
which  they  will  faithfully  do  their  duty,  and  hold  themfelves  concern'd  therein,  by  the 
great  pledges  they  have  at  [lake  ■,  and  will  be  moft  probable  to  fecure  by  good  Laws, 
the  publique  Intereft,  then  thofe  that  have  none  of  thofe  obligations  and  ties.    And 
this  the  Chancellour  fpecially  points  out  in  thofe  words,  Prudentia  &  fapientia  ipfa  effe 
refer /*,becaufe  as  multitudes  of  Councilors  promife  fafety^fo  chiefly  when  thofe  many 
are  of  fuch  asare  Spiritual  Lords,men  of  all  Arts  and  hours,  Lordi  if  the  Lauj,  who  are 
verfed  in  fecular  Affairs,and  accomplifh'd  with  travails.andiui/g/.jr/  and  Efynires  out  of 
the  belt  Gentile  Families  of  England.  All  thefe,  together  with  the  moft  intelligent  and 
wealthy  men  of  Trade,  fent  to  Parliament  from  Cities  and  Corporations,  and  in  Par- 
liament confulting,  may  well  be  prefumed  to  pafc  Afts,  Sapuntia    &  prudentia  ccu- 
fult*;  cfpecially  whenconllderationishad,  that  thefe  Gentlemen  and  others,  ought 
to  be  plemt  atatis :  no  young  men.whom  plcafures  or  vanities  will  avocate,  whom  paf* 
fions  and  emulations  do  incline  from  the  vialattea  of  Counfel ;  but  grave,  (laid,  and 
well-advifed  fad  men,  Virorum  cenfultorum  prudentia^  fays  our  Text,  where  prudentia 
virorum  bene  cmfultorum,    is  oppofed  to  levity  and  verfatility,  prudence    being  that 
p »ndus  that  fettles  the  mind  in  all  worthy  perfiftencies,  againft  thac  rafhnefs  which  pxe- 
Vb.  ji. p.  j«7.     cipitates  all  good  intendments.     Thus  Lupercinut  in  Marcellinm  is  faid ,  Proper  atime 
ub-n./,.  3's-   tumult/tana  coattis  militilms  temere  maris,  etitam  sonfulte  prcgreffus  •   andthefame  Au- 
fi-Mmfuim  Gal-  tnour  writing  of  men  of  approved  worth,  calls  them  confults  con'ilto  cogmtos  ;  AnaTre- 
iieno./,.»jt.    ^   be/lius  Pellio  puts  confulto  tot  anfilio  ;  For  in  any  great  Affair  the  Heathens  hid  their 
n!lK*Zi't7"t  confulta  mminnm  :  and  therefore  Members  of  Councils^whatever  they  want(as  no  men 
«<i .»  oraio,e.     have  all  bleffings  aboard  their  Veffels)  they  fhould  not  want  Counfcl ,  for  that  is  of 
Iml^ijfm^ndem  the  very  effence  of  their  truft  :    which  becaufe  fomctimes  men  cbofen  to    Parliaments 
/»«.  t   '  have  wanted  ^  or  if  they  have  not,  have  wanted  courage  and  integrity  to  fhew  them- 

felves-    Afts  of  Parliament  have  fometimespaffed,  which  have  not  been  as  wife  .E.  1. 

fays 


A  Commentary  upon  Fortes  cue.  i^i 

fays  lie  intended  his  Confirmationes  Chart  arum  Anno  Regni  J'5.  to  be,*/  hone »r  it  Dieu,  z  ^''./-.si*. 
&  desfeinU  Efgiife,  &  an  [refit  de  mttre  Realm  :  which  Jir  Edw.  Cock.  %s,  *"/,  flf 
fhculdbetke  true  end  of all  Parliament;.     And  by  how  much  fhort  of  this  er.d  Parlia- 
ments .all,  by  fo  much  are  they  lefs  then  they  truly  ought  to  be  :    To  prevent  which 
mifom  iage  which  tends  in  dtfpendium  &  ytUnram  ff.ldttcr.im,  ir  is  good  that  the  Rocks 
and  shelves,  upon  which  of  old  fhipwracks  of  Parliament-honour  have  been  rriide,  be 
modelHy  remembred.     For  as  the  note  of  a  wife  Father  is ,    that  in  five  cafes  Parlia-  4lnfti 
mtr.s  fucceed  not  well :    fo  is  it  obtervable,  that  in  fur.dry  cafes  the  Statutes  of  Farlia-      '       '"' 
ments  fuccecd  not  long  in  credit  or  duration  ,     as  when  they  are  efkds  of  mecr  power  Ra{!a'.  t-*si. 
and  advantage,  feparacefrom  legal  Reafon  and  Juftice.  By  the  1 1  R.  %  c.  3 .  and  4.  no 
perfon  was  to  attempt  revocation  of  any  Ordinance  made  in  that  Parliament  •.  but  that 
Claufe  was  repealed,  1  H-  A-c-  ^.asagainfithe  furi/diFtien  and  ptwer  of  a  Parliament, 
the  liberty  of  the  Snbje£l,andu»reafcnable.     By  the  21  R.  1.  c.  1 6.   the  powei  ofa  Par-   +Inf't-p-4i. 
liament  is  committed   to  a  few.    By  the  iH.|f.J.  this  is  declared  again/}  thedi'lni- 
t]  ofa  Farliament.     So  by  1 1  R.  1.  c.  3.   No  man  againfi  whom  judgment  or  Forfeiture 
was  given,  {houldfae  for  pardon  or  grace.     This  was  repealed  bj  th:  i  H .  4 .   and  judge  d 
ttnreafonablc,  and  without  example,  andagainft  the  Lew  and  Cffiom  of  Parliament.  Thus  See^jiWat 
were  many  Ads  paffed  in  Henry  the  8'hi  tune,  which  were  hard  <    as   that  33  c.  21.  lar8?' '■  7S1- 
31  c.  8.  Which  Ads,  together  with  others  of  like  nature,  were  repealed  by  thc»i  E.b. 
c.  12.     Andalfo  when  they  arehudledupin  haft,    without  due  rumination  of  what  z"!il"r'"'°  '"""- 
they  intend  a  remedy  of,  and  rightly  penning  the  Ads  1  o  that  purpofe.     }  or  Law*  arc  *  £?£»£•' 
like  all  things  that  have  not  due  concodion  and  proper  maturation,  indurable,  and  not  **?*&>  «/«•« 
beauteous  in  their  figure  and  acceptation.     Which  evil  to  avoid,  it  was  wont't©  be  the  rimfltoZ'',,'^ 
Wifdom  of  our  Fathers,   to  premeditate  Ads  before  ihey  were  preferred,  lean  them  s»»«-  *>*n<i*,d 
well  when  they  were  preferred,  andpafs  thtmbntly  for  a  candidatefhip,    to  fee  hdw  mM"r'",aitmm' 
they  wdl  approve  themfclvesin  experience  v  yea,  and  to  be  fure  to  make  them  as  fhort,  JuS'I.^""!'. 
and  as  little  dure  as  might  be:&  when  in  thefe  things  failer  has  been,the  Ads  madewere  »''**• 
either  inconvenient,or  but  fhort-liv'di  witnefs  the  Ad  1  1  H.7.C  5. which  is  called  by  a     iQftit     r 
man  that  knew  what  he  faid,  A  mofi  unjvft  and  grange  Attend  therefore  was  repealed 
I  tf  .8.  c .  6.  which  that  brave  Chief- Juftice  (iid,ht  recited  andfljtwed  tbe  jnil  inconveni- 
tncei  thereof,  to  the  end,   that  the  like  (honld  never  hereafter  be  attempted  in  an]  Conrt  of 
Parliament.  And  therefore  if  Statutes  be  made  according  to  our  Chance  Hour's  Legal     «    St ,       < 
Standard.theymuftanfwerprccifely  their  Prefcript,  and  not  want  their  plenary  coun-        *"  u''*'c*' 
fel,  as  did  that  Parliament  7  H.  5.  held  before  the  Duke  of  Bedford,  Guardian  o(  Eng- 
land, wherein  of  the  Lords  Spiritual  and  Temporal ,  there  appeared  but  30  in  all,  who 
paffed  but  one  AH  of  Parl.Sc  that  of  no  great  weight.  But  thole  that  appear  in  full'num-  4  u*t>  «»•' 
ber  be  rightly  polled,  to  perform  unto  King  and  People  due  benevolence,  that  is,  to 
evidence  conjugal  defigns  of  advantage  to  con  jund  felicity.  Itthe  men  which  make  the 
Court,  what  it  in  our  Text  is  affertcd  to  be,  a  feminary  and  repertory  of  wifdom  in 
mind,  and  prudence  of  adion,  conform  to  which  the  exprefiions 
of  them  in  the  Statutes  of  tbeir  enadion  will  be.     If  the  Members,    TLlJjJt*  "'  •  ■    ,   ' 

*  -.  ...  ■  c  m  1    1  AC?"' /**'  frttwitmd*  opera  ntir* ,     nit! 

I  fay,  be  men  of  honour,  experience,  integrity,  fortune,  n    and  do     '"'fit". »«  «d.  ommftidm.  taucU  <<r 
orooofe  no  private  emolument.but  asihev  are  freely  chofen.and     ■''*'«<*•*•'" «'»?«i»«»i«»  ^.r  rmu.    &■ 
thought    free  from  all    pre-engagement  of  ambition  ,    popula-    ,„„. ,„„,„  „„„„,„  mtm\d  , ,%MtL 
rity,    or    perfidioufnefs  ,    and  bound  in  fidelity  to  the  King,     «•*«•«*'.  iiioiuir. symag.  juiis. ui.^t, 
Z'.-al   to  the' Religion,  honour  to  the  Laws,  reverence  to  Parlia-     ','*/££',', 
ments,  and  integrity  to  the  people  ■  fo  will  they  be  very  loath 
to  do  any  thing  for  fear  or  favour,  which  may  either  prejudice  their  trufts,  or  engagci 
their  credits  in  after-times  cenfure  -,  but  having  the  fear  of  God  and  the  King,  and  the 
love  of  themfelves,  their  Pofterities  and  the  people,  before  their  eyes,  will  take  heed 
01  new  ways,  and  enquire  for,  and  keep  in  the  old  way, the  good  way.    Thedeclenlion 
from    which  has  ever  coft  the  Nation  dear ;  and  when  it  has  been  unhappily  mifteered 
that  way,  given  the  Nation  juft  caufcto  fayto  their  treacherous  pilots,   as  Fulvi*u 
did  to  his  Son,whom  he  took  in  the  Confpiracy  with  Catiline,  Non  Catilina?  tegenni  fed 
Rehnblic*  ■,  for  fure  the  Laws  of  England,    and  the  people,   intend  and  exned  Parlia- 
ments to  be  Oracles  of  Order,  Repairers  of  Breaches,  and  Sanduaries  to  Oppreffion ; 
which  becaufe  they  have  moftly  been,  asinftitutionally  they  weredeligned;  notonely 
People  have  doted  on  them,  but  even  Princes,  and  by  that  occult  prudence  engin'cf 

tho& 


i^i  A  Commentary  upon  Fortescue. 

thole  affairs  with  st  fuccefsfu!  popularity,  which  otherwife  would  have  fluck  in  the" 
Birth,  and  not  found  a  fafe  exition  from,  the  Womb  of  their  Conception  and  Nutriti- 
on. Thus  Adrian  courted  the  Reman  Senators,  by  being  prefeat 
/„  s«**  «.«  ««/«».  .v*  **•»*«•  coqflantly  at  it,  and  excufing  to  them  all  irregularities  •  yea,  com- 
j»r*vuft  mnijutm  Snuutrm  mfi  sinatHi  plementing  them  fo  highly  ,That  he  toured  and  [wore  to  them ,  that  he 
f,u.UAfH»:*r*m^  spartianui  «  Adiuno,  voM  Mfver  p„„jfi  An  offending  Senator,  but  With  their  confent  and 
f.  in.  Augu  .  etipt.  approbation.  And  this  Henry  the  eighth  did  fo  praftife,  that  he  made 

Heibect  in  h.  1. p .  47s-  them  fo  fupple  to  him,that  what  almoft  he  pleafed  was  a  Law,  and 

« Inftit  p  j«-  ^°  d'd  Queen  Elizabeth :      For  if  the  Pcwer  and    furifdiiJiOn  cf 

Parliament  for  makjng  of  Laves,  in  proceeding  by  Bill,  isfttrtnfeen- 
dent  and  abfolute,  as  it  canmt  be  confined  jtither  for  catifes  or  per/ens,   within  any  bounds  j 
Which  Sir  Ed.  C«cA.makes  good,    as  far  as  it  is  maintainable  from  many  rotable  Prefu 
dentshow  much  are  we  the  people  of  this  Land  to  pray  to  God  for  good    Parlia- 
ments   and  to  praifc  God  when  we  have  them  ;  when  Parliaments  are  not  black  with 
The  verywo.ds  5fury,and  defirc  of  change  i  but  when  they  are  like  that  of  _?'£.  l.Fcr  the  common  profit 
cfthe  Tr,Amiu  ef  Holy  church  ,  and  of  the  Realm-,  and  becaufe  the  fiate  of  Holy  ChurSh  hath  been  evil 
VwfiwTi.i.  k/pt,  and  the  Prelates  and  Religious  perfons  of  the  Land,  grieved  many  Ways,    and   the 
people  otherwife  entreated  then  they  ought  to  be,  and  the  .peace  lefs  kept,  and  the  L'.ws  left 
ttftd,  dhtd  the  offenders  lefs  punifhed,' then,  they  ought  to  be,    the   King  hath  ordained  and 
•   .  eftablijbcd  thofe  AUs,    whii  h  he  intendcth  to  be  nrciffary  and  prcptable  unto  the  whole 

Realm.  Then  is  there  caufc  to  blefs  God  for  parliaments,  wherein  gracious  princes 
make  happy  noble  Peers,prudent  Gentleme.n,and  obfequious  Commons,  by  the  good 
Statutes  of  Religion,  Peace,  and  Prudence,  that  emanates  from  them.  And  when 
ever  the  contrary  has  been,  wife  and  pious  men  ought  to  he  humble  under  God's  cor- 
rections by  therefor  it  is  for  the  fins  of  the  Nation  that  many  are  the  Princes  of  it,and 
that  he  makes  Oracles  err :  Wimefs  the  Parliament  of  21  R.  2.  which  though  it  have  as 
glorious  a  Prologue  to  its  Statutes  as  words  can  make  ,  To  the  honour  of  God  and  Holy 
Church,  and  for  the  prefervation,  falvation,  andfurety  of  this  Realm,  and  good  gover- 
nance of  his  people,  of  the  affent  and  accord  of  the  Prelates,  Duk/s,  Ear/es,  Barons,  akd 
Commons  of  his  Realm  there  affembled,  &c;  Yet  this  whole  Parliament  was  by  1  H.  4. 
4inait./-.  si.     r.  3. repealed.     So  fays  Sir  Edw.  Cotk\,  a  Parliament  holden  at  Coventry,  in  3  8  H.  6.  is 

wholly  repealed  by  3  9  H.  6.  c .  1 .  and  the  whole  parliament  of  49. 
of  the  fame  K  ing,  is  faid  alfo  to  be  repealed  :  but  I  confe/s,  I  find 
3&l2^£tt"£  not  thefe  in  the  printed  Statutes.  Thefe,  and  the  like,  which  may 
fama:ftn  viSn  syiu  I'gtrn  mimt,  «t  fuhher  be  produced,  fhew  us,  that  Councils  and  Senates  of  men, 
s«.«orm,  wd.  i*du*r<t.  &  >»f-*v"f"  though  never  fo  wife,  yetmayatfome  times,  and  in  fome  cafes 
iiimfcrt.  ui  senators,  &  "p«is  Rom :  err,  and  ebb  and  flow  with  partialities,  the  avoidance  whereof  is 
^.trUunitrArn final  j«iif4r«ii».Buds6Mp.  a  great  bleffing  :,  for  when  no  extream  fruflrates  counfel,  and  no 
SK"W* '" P         w(r*T:     private  concern  fupcrfedes  Juftice,  then  are  the  Statutes  of  Parlia- 

ments,  conflant,  flanding,  anddurable  Lavs,  Eftablifijments :    at 
»Ioftit./Ms«.u7-  were  thofe  of  the  Parliament  of  E.    i.  whom  Sir  William  Herle 

Chief- Juftice,  called,  Le  pluisfage  roy  tjue  ttnqucfuit.  AH  which 
confidercd  the  Chancellour  did  not  without  caufe  write,  that  Statutes  in  England^ 
PepuliUftframefficerenecjueunt;  becaufe  Parliamentary  no  injury  can  therein  be  • 
done:  not  onelybecaufe  what  is  therein  done  isjuridicefaSum,  and  fo  not  Ufura  po  ■ 
puli  (the  Law  being  the  Arbiter  ofright  and  wrong)  but  alfo  becaUfe  the  wifdom  of 
apprehenfion  and  adion  is  fuch in  the  feverals  there  conjoyned,  that- they  cannot 
reasonably  ( unlefs  God  caufes  Wifdom  to  ceafc  from  the  Wife)  befufpc&cd,  either 
to  be  deceived,  or  willingly  to  deceive  the  peoples  espedation  •,  and  lb  the  neqxemt 
refers  to  their  politique,  as  well  as  natural  capacity.  The  like  fenfe  is  to  be  given  to  ntn^~ 
ecrum  commodum  procurare  ■  which  if  literal  lyunderflood ,  would  be  confuted  in  the 
pre-mentioned  Authorities.  Bat  with  allowance  of  humane  infirmities,and  politique  en-  . 
cumbrances  is  moftly  true,  asisthercftoftheClaufe,  which  makes  them  prudentix  & 
fapientia  necefjario  refertt :  but  enough  of  this-they,  that  concerning  the  method, man- 
ner ,and  form  of  Parliaments,  and  their  paffing  Acls,  would  know 
c»^iuftit.cfaap.p«iiamrnK.K7Ws  morc,  may  turn  to  the  Autbours  quoted  in  the  Mar  gent;  which 
speech  i«os.  &  Koj.  p.  sos.  tup.  sj«.     amply  can  fatisfie    (  fearch  being  alfo  made  into  Rolls  of  ?4r//<t- 

C.mbd.Briunnia.f  ,7?.SirTfc..S»1/l.,Dc  )  m     fa      th<.  ufeft]1  cu,iof,ty  0f  mcn  can  w,[h   ^vantage  di  • 

Repub.Aiiglotum.W.s.c.i.Dercnptionof  _    {  ,  .      A,  ,     ,      ..        .  ,  o 

F.«iimd,Q.t  Hioksr  &  vrmi,  p.  171.  rcct  them  to  enquire  after.     I  will  conclude  this  with  a  rare  expref- 

fion 


A  Commentary  upon  Fortes  cue.  %^ 

fion  of  King  fames,  who  treating  of  the  V  embers  of  Parliament,    fays  thus  to  thofe  of  sF««ch  ««o»- 

the  Commons  Houfe ;    tvhat  joh  give ,  faith  he,  jou  give  it  as  well  for  ethers,  as  /or^'oik?.'  °fh" 

jonrfelves,  and  therefore  joh  have  the  mere  reafon  to  ejehew  both  the  extreams  }  en  the  out 

partje  maj  the  mtre  eafilj  be  liberal,  fnce  it  cometh  not  all  fret*  jour  [elves  j  and  jet  np-> 

enthe  other  fart,  ifjougive  mere  then  is  fit  for  good  and  loving  Shbjefts,  ttjiddttponfstch 

nece(farj  tecafiens,  je  abufe  the  King,  and  hurt  the  People,  and  fitch  a  gift  J  will  never 

accept ;  for  infucha  cafe  Jon  might  deceive  a  King,  in  giving  jour  flattering  cenfent    t» 

that  which  ]ou  might  move  the  People  generally  to  grudge  and  murmur e  at  it,  andfoflmdd 

th;  King  find  himfelf  deceived  in  his  Cahule,  and  the  People  likewife  grieved    in    their 

hearts:  the  love  andpoffefftonoftyhich,   I  protefi  I  did,  andever  will  account  the  great  e  Si  -AgoodKtngi 

earthljfecuritj  (next  the  favour  of  6"d)  to  anj  Wife  and  jufi  King.  \   ,  W**»/J«r 

Et  ft  ft  at  nt  a  hac  tanta  foltmnit  ate, &  prudentia  edit  a,  tfftcacit  tant<t  cjitanta  eondit-orum 
cupiebat  intent. o^non  ef[e  ctntingant,concito  reformari  poJfunt,&  nor,  fine  communi- 
tatis,  &  procerum  regni  affenju,  ejuali  ipfa  primitus  emanar>:nt. 

.  This  Claufe  is  as  a  refcrve  to  the  inefficacy  and  inconvenience  of  fome  Statutes :  Foe 
as  it  is  in  all  aftions,  the  fuccefs  crowns  and  commends  them-,  fois  it  in  Legiflation, 
that  is  accounted  wi&ora  of  Government ,  and  thofe  Laws  moft  prudentially  compi- 
led, winch  are  moft  generally  accepted,  and  by  reafon  thereof  longeft  Uft  in  their  vi- 
gour 5  which  b'ecaufe  all  Laws  are  not  thus  befriended  by  God's  bleffirg  on 
them,  and  peoples  refentment  of  them  :  therefore  is  this  remedy  here  as  the  help  at  a 
dead  lift,  by  the  Law  of  our  Government  fetled,  and  by  the  Difcourfer  upon  it  intro- 
duced. And  the  Chancellour,  that  he  may  make  this  Claufe  appear  fuitably  confide- 
rable  to  the  real  nature  of  it,  fefs  it  forth  by  thefe  gradations  -,  i .  It  fets  forth  the  eqni- 
page  and  cencomitants  of  Statutes,  which  are  commenced  by  prudence  in  the  intent , 
and  affociated  with  folemnity  in  the  method  of  their  procedure  to  accomplishment  \ 
and  is  cxpreffed  in  thofe  words,  tanta  folennitate  &  prudentia  edit  a.  2.  Itrehearfes 
the  defeat  that  all  humane  things,  and  fo  Statutes  are  fubjeft  to-,  while  astheypof- 
fiblymay,  fo  they  as  poffibly  may  not  anfwer  their  makers  intent,  ft  ifficacia  tanu 
tjuanta  conditorum  cupiebat  intent  io,nen  tffc  centingant.  3.  The  remedy  and  cure  for 
this  anticipation,  and  as  it  may  prove,  ftate and  ftature-evil,  concito  rtfermari  pejjunt. 
4.  By  what  means  this  mifchief  is  expelled,  and  cure  efie&ed;  even  analogous  to  the 
trig  in  of  it,  una  eademefne  manus&ulnts  tpemejxe  tulit.  That  our  Text  fets  forth  in  the 
laft  words,  &  ntn  fine  communitatis,  &  procernm  regni  ajfenfu,  ejuali  ipfa  primitus  ema- 
nirunt. 

Si  fiatuta  hac  tanta  folennitate  &  prudentia  edita. 

This  has  reference  to  the  nature  of  the  Edit»rs,  and  the  Court  of  their    Conven-  tIllftjf  ^  ,ff 
tion  ,   or  the  Mint  whence  they  have  their  Statute-damp  ■,   which  being  the  head  cktft't»iu-' 
and  vital  fpirits  of  the  Nation,  endowed  with  a  kind  of  Omnifcience  and  Omnipotence ^xa  """'.' 
in  a  legal  fenfe  underftood  to  do  afl  things  fike  themfelves  providently  and    with  an  fZZ'Jrm""' 
jlrgo's  ey'd  circumfpe&ion,  as  not  onely  intending  that  for  good,  but  as  fo  ordering  1"""  r°n  vm,nt' 
them  by  adivinely-fovereign  genius  infpinng  them,  that  nothing  almoft  fhall  appear  ZZL'^Z/Ji. 
enormous  oriraproiifique  in  them  to  thofe  ends,  for  which  they  are  contrived  and  pub-  Thoiofl"  syntag. 
lifhed.    Tor  prudence  being  a  virtue  of  fore-fight,as  Solomon  fpecifies  it, Prov.  2  j.  3 .  A  m A?x'7 M''9' 
prudent  man  fore-feet  h  the  evil,  and  hidethhimfelf,  docs  not  onely  in  our  Chancellour's 
fenfe.direcl:  the  Co-operators  in  edition  of*Statutes,    to  be  fo  fubtle,  as  to  hide  them- 
felves from  the  evil  of  detraction,  in  the  wifdom  of  their  enadions,  from  the  devices  of 
the  crafty  ■,  as  the  phrafc  is,  fob%.  11.  where  CTOny,   the  crafty  is    rendred  by 
Saint  ferom,  Afalignorttm,  of  thofe  that  watch  and  look  for  their 

halting*,  and  would  be  glad  to  find  and  blaze  abroad   their   mi-     ffufmtumntitMnmm^iUtRnpmM' 
ftakes :  but  it  tells  them  alfo,  how  they  fhall  evift  their  malignity      "«u&ari.fi<ih*ttt  tiifudm  ^fciimfi- 
and  defeat  it,  by  a  reclitude  of  aim  both  at  God's  glory,  their  own    &££"'  UDit"  ^^  ** 
difiharge,  and  their  peoples  emolument ;  and  ih\s  fapience  there- 
fore is  called  prudence,  becaufe  it  flows  from  a  principle,   &  impe-     trinufinmUq.u.  attti. , 
rat  ie  ordinatis  adfapientiam,  as  the  Schools  fjy.   And  hence  is  it  , 

that 


Florus.W-i  .t.9- 


244  A  Commentary  upon  Fortes  cue.  • 

that  wifdom  and  prudence  expreflcs  it  fclfir.  a  vigilancy  and  paratcncfs,  to  not  onely  ex-   - 
pe&.but  to  provide  againlt,and  to  encounter  with  whatever  is  inGdiary  to  it  ^  which  fo 
neceffary  to  greatnefs  in  every  mo  ion  of  it,  as  well  as  in  relation  to  Laws.feems  to  me 
fome  reafon  whyTullj  calls  it  a  kind  ot'Div<W>0*,the  wifdom  of  experience  leading  men 
that  are  obfequious  to  it,toan  lnrrofpedhon  into  not  only  the  nature,but  the  probable, 
t  SAmit.M.       and  aimoft  infallible  operation  of  things.By  this  did  Achitopbtl  get  the  reputation  to  be 
accounted  an  Oracle  -and  the  Holy  Ghoft  fays, Jo  was  all  the  cotmftl  e/Achitqphel  both 
with  David,  and  with  Abfolom, that  is,he  was  fo  ponderous  and  confidera;e,  weighing 
every  circumftance,  that  he  hit  every  thing  in  the  white  which  he  aimed  at,  and  pier- 
Tnv.t  ii.         ced  into  the  bowels  of  every  thing  he  defigned  to  know.   This  was  wifdom  and  prudence 
Tnvi.* .  __         nglnly  ordinatednot  onely  Solomon's  ilJOn  wifdom  of  underftanding,  and  HOIin 
ik.»j.7v<.         lusfuperexcellent  wifdom,  but  his  CnjJ  prudence  of  a&ion 14.  Pro  15.  And  this  Wif- 
dom Statute-Makers  abounding  in,  will  not  onely  fhine  in  the  race  of  their  Laws,  as  the 
Scripture  fays ,  Wifdom  makes  a  man  in  the  face  of  his  fame  as  body  to  do,  but  render 
them  fecure  and  ferene  in  their  confc iences, whatever  the  fequel  of  things  be,  for  as  their 
integrity  will  endure  tryal,  fo  their  wifdom  will  fore- fee  and  prevent  what's  harmful  in 
it.Thus  did  PublicoU  his  eclipfe,  by  the  envy  that  attended  his  credit  with  the  Souldiery 
and  people  of  Rome  ;  for  he  having  built  a  {lately  Palace,  which  the  Remans  looked  up- 
on as  too  aoguft  for  a  Citizen,  and  thereupon  had  fome  jealoufie  whifpered  into  them, 
as  if  he  intended  to  improve  his  influence  on   them    to  a  contentment  ot  admiting  his 
(bruited  to  be)  affe&ed  Tyranny. He,I  fay , fearing  the  City  would  rife  upon  h\m,Nottt 
intempeiliva^  &C.  One  night  when  all  the  City  vat  quiet, and  not  aware  of  tt,  pulled  down  bis 
building  to  the  very  foundatien,   irhtch  when  the  City,  in  the-  morning,  fere  eived,  thej  both 
admired  his  prudence,  and  bemoanedtheir  own  groundlej s  jealoufie.     And    thus    did  the 
great  Law-  givers  of  the  World  not  onely  bring,  but  continue  their  Laws  in  credit,  by 
the  real,or  at  lead  opinionated  wifdom  of  their  rife  and  defign  ;  which  not  being  que- 
ilioned,  but  made  good  by  the  conformity  of  their  enactions  to  Juftice  and  Equity,raade 
them  obeyed  and  not  difputed ,  adhered  to  and  not  exclaimed  againft.  Which  confi- 
dered,our  Text  having  an  eye  to  the  wifdom,  honour,  power,  and  ftate  of  our  Nation, 
concentred  in  that  Court,  wherein  enactions  of  Statutes  is,  tells  us,  that  they  are  prw 
dentii  edita,  and  that  not  onely  as  they  refpedt  the  Editors  of  them,  who  are  ever  con- 
ftitutionally  and  cathedrally  wifc,and  alfo  moflly  perfonally  fuch  •  but  as  they  do  evi- 
dence &  exert  this  internal  excellency  in  a  method  proper  to  it,  expreffed  by  tantafolen- 
ttitas,vjch  relates  to  the  care  that  our  greatCouncil  takes,in  formation  of  a  Statute,  when 
cither  upon  petition  to,  or  motion  in  either  of  the  Roufesof  Pari.  a.  Bill  prepared  is 
propofed  to  be  xtii-,  the  Speaker  of  either  Houfe  fignifies  the  nature  of  the  Bill,and  it  is 
th  ice  diftin&Iy  read  rhreefeveral  days  ;  Every  Member  of  the  Hotifes  fpcaking  upon 
dc  Repub ""'      any  r  ading  what  he  judges  fit,  for,  or  againft  it-  If  when  after  the  third  reading  it  be 
^tngi.  ci.  carried  by  the  Major  vote  to  be  an  enaftion,  then  it  paffes  in  the  refpe&ive  Houfes,and 

after  all  comes  to  the  King  who  has  the  creative  power,  and  either  affents  to  its  being  a 
a  law,  or  denyes  its  paffage,by  all  which  as  there  is  time  to  confider,  and  digeftthe  con- 
feqnence  of  it,  fo  is  the  deliberation  called  by'the  Text  a  folemntty,,  tanta  fultnnitate. 
fayes  he.  And  that  to  denote  the  cor  fequence  of  Statutes  v/hich  are  fet  for  the  fall  and 
rife  of  many  ;  And  here  upon  have  their  folemnities  in  the  paffing  of  them,«s  all  things 
of  extraordinary  nature  in  all  times  had,  The  Jews  had  their  felennitates,  their  JH 
10.  E.yod.  9  their  r~!D3  81.  Pfal.  4.  where  the  word  fignifiesa  Throne  wherein 
J/onarchs  do  ufc  to  fc.Jin  lObes  when  thty  pafs  Statutes,  fo  are  the  words  verfe  the  fifth. 
For  this  was  a  Statute  in  Ifrael ;  And  they  had  their  l~nxy  which  fignifies  not  onely 
Solennes  convent  us,  ferem.9.2.  Jcrcm.i.i.  but  alfo  afolemnity  of  time,  in  which  no 
common  work  was  to  be  done  2  j.  Ltvit.  1 6.  All  thefc  kini  of  folemnities  they  had  upon 
fundryunordinaryoccafions;  fo  had  the  Heathens  their  Solennta,  and  their  Feftidies,- 
which  were  Stativa  ferit,  Conceptiva,  Imperative,  r>  Nundina :  of  which  Lilius 
Giraldus  gives  us  an  account  To  does  Suetonius  Ammianus  Marcel* 
te*^  ****,;  t«t»fic*«*.  y/^  p£wil„  x^^^and  multitudes  of  others  4  yea,  our  Law 
/» veip»fiano,p.iii.i'»Neione^.i4.  allows  many  folemnities,  and  performs  them  to  t  non^uridiejut  days, 

;»AUu1ie"O''x'rl'P'*O7'!irW',*'P'"0,        and  on  Eeftivals,  the  Judges  when  they  fit,  fit  in  their  Robes  of 
\  1  nSitf />!»«♦.  State :  fo  does,  T  fuppofe.our  Lord  the  King  and  his  Peers  fit  robed, 

when  they  content  to  enaction  of  Laws.Thus  we  fee  tbeChancellor's 

pregnant 


SliTho. Smith, 


A  Commentary  upon  Fortes  cue,  24.5 

pregnant  ufe  of  t.intafohnnitate,  as  well  as  prtidentia,  and  this  argues    the   dignity  of 

Statutes. 

Si  (fficaci*  tantt,  quant  £  conditorum  CHfttbat  inttntio,  non  e(fe  contingent. 

This  is  the  fecond  gradation  or  rather  degradation,fhe  poflibiiity  of  abatement ;  for 
rs  all  Sublunaries  known  but  in  part  by  us,  and  in  but  fome  remote  and  partial  degrees 
fubj'ecttous,  are  mifcarriable  •,  fo  are-Statutes.  Men  that  are  Earth,  and  have  their 
own  foundation  in  the  dull,  cannot  fix  pillars  of  perpetuity  here.  The  World  is  materi- 
ally mutable^  and  God  has  made  it  Globular,  that  it  may  be  more  apt  tonotonely 
motion,  but  monition  to  us,  to  fancy  no  Abfalom's  Pillar  here.  And  if  the  World  lSamI,I»- 
it  felfbethus,  what  c?,n  be  better  expected  from  the  Men  and  Laws,  the  Polities  and 
Governments  in  it^  butthat  they  fhould  alter,  and  often  do  not  if 

at  all.anfwer  their  firft  Confiitution:   ifow»////enob!ed  Heme,  and     i^t,,  Rom* ;■*■«)(«»  nomuium  senatui 
made  a  Senate  in  it,  affiltent  in  t  ouncil  to  his  Kinglynefs  in  Succef-     in*mtl'f"m'i%m"ui's,"Uta,"'ei'u'c*'*i- 

.1  ,  1  1         n.  t_i  l\     J         ./•       1     1  in  curia Uiirdvit ;    ucc  auxit  nejai  iiviem 

fion;   but  that  very  Senate  that  he  efhbiilhcd  to  Kingly  honour     ^,m„ts  r,  ,.,„„  RpmJno  Imperio 

and  aid,  was  the  banc  and  boutcfeu   of  Regality.     Julius  Csfar    fimixm  t^enuertt,  ™4c  mmintm  mu  & 

thought  himfelf  fecure  in  the  Senate,  and  thence  he  had  his  deaths    ftrox,  £■**;  ^  llwiLTT 

wound,  and  that  nrftfiom  his  Son  Brums.    Scipio  brought  the    fimuure  jinupun.  vatet.  Max.  u.  5. 

Rem  nn  power  triumphantly  into  Jfr'uk^\  yet  was  fo   miflaken  in     ' ■  *• 

ihe  Romans  gratitude,  that  he  denyed  them  his  bones  when  dead, 

who  had  dealt  by    him  living,    no  better  then  they  do  by  dead  bones,  which  they 

caft  our.    Charles  the  fifth  of  France  was  very  wife  in  the  greateft  p^rt  of  his  actions ; 

yet  he  miftook  policy,  inpafiingby  Margaret  the  Mzt\  of  Flanders  onely  Daughter, 

whom  he  might  have  had,  and  with  her  the  Netherlands  and  Burgundy  ;  and   in    the 

Aft  he  made,  that  the  Kings  of  France  (though  Children)   fhould  be  crowned,  and 

be  under  Pretecloars,  which    became  the  misfortune  of  his  own 

Son-,     and  ( a)  lAZmilius  fays,fillcd  France  with  infinite  troubles.     (*)Ltb.»tt\oymmindiit*uiiimiiS<a\\- 

Columbus  that  difcovered  the  unknown  part  of  the  World,  inflead     ««■  »,  Jf5*-  r**£"i!taJ   cil'»"mm 

r1     .  1     1       ■   t      1  n  •      ip  1  drcus  calejlti  varus  coloribus  Jute  nuke  *»?*- 

of  being  rewarded  with  the  government  01  his  dikovery,  was  made     „nt,  9».i»  »»/»>/«  virtus  fine  mv,d>». 
nothing  of  by  the   Don's  of  Spain.    Thoufands  of  inftances   are     *°rcatuius,  Dc  Gaiior.imp.  &  Phiioibp. 
producable  to  this  purpofc.     1  he  fame  defeats  have  Law-  makers    fn !£,}%<■,  ac  i,cm,ni,  m^*  «imi 
had  in  Laws  ^  people  are  of  Claudius  his  humour ,  as  by  vice  or    «•««««/««  >w«  arcumfieaus  &f*z*x, 
virtue  agitated ,  fo  are  they  in  or  out  of  love  with  Laws  ■,   yea,  as    ttJ.'X"  %  f7T;rZn"*T\'£ 
in  fome  junctures  reafonfull  Laws  may  hear  ill,  fo  in  othersrea-     dio. 
fonlcfsonesmay  be  declared  and  approved  good.     Though  there- 
fore Law-makers  are  to  wifh  the  bleffing  of  God,  and  the  popular  approbation  of,  and 
benevolence  to  iheir  enactions  ^  yet  are  they  ever  as  to  eye,  that  by  the  jultice  and  pie- 
ty of  their  administrations  they  may  defcrve  it- fo  to  comfort  themfelves,th«t  if  they  be 
r.ot  valued  by  the  obedience  given  to  them,  they  have  bat  that  meafure  meeted  to  their 
Laws,  that  they  themfelves  meet  to  God's  Laws.     He  gives  them  Laws  and  Statutes  Nitabeue. 
that  are  good,    and  they  break  them,  and  put  his  Law  behind  their  backs,  which  they 
fhouldfetbeforetheirfr.ee  to  obferve  and  clo  •,  and  God  fuffers  his  quarrel  to  be   re- 
venged by  their  peoples  difobedience  to,  and  non-approbation  of  their  Laws.    And 
God  that  accepts  their  virtuous  intentions,    theintegnty  of  their  wills,  inflead  of  the 
virtue  of  their  actions,  and  upon  their  repentance  turns  an  eye  to  mercy  to  them, 
will  alfotHrn  their  good  intentions  to  the  people,  which  they  defircd    to  teftific   in 
wholefome  Laws  for  the  government  of  them  willindue  time  make  acceptable  with 
the  people ,  which  ought  to  encourage  Princes  to  be  gracious  and  worthy,  as  Theodo- 
fiusviis  ^  of  whom  when  fome  a«ked,  why  he  did  r.ot  put  fome  of  thofe  that  were  de- 
clared Enemics'to   him  to  death,  replyed,  jv«uld  to  God  J  could  give  life  to  thofe  that  vt\Mm*aruv 
Art  dead,  meaning  thofe  that  were  dead  With  ingenuous  grief  for  their  Rebellion  and  cuV"*™""^" 
contumacy  aqainit  fo  good  a  Man  &  Prince.who  fo  only  ufed  his  power,as  tomake  him  TheodoC 
beUved  <ykiUliving,andlamcntedwhcn  dead  rWhitii  is  thcCharacter  Tacitus  gives  of  Vi-  E  JbnJ* 
frffiw  hisMother.5V.*/»7/<r,which  thoie  that  follow,will  be  fine  to  be  happy  ,whatever  the  cut*  tft\*u*m. 
fuccefs  of  their  endeavor  in  government  be.  For  to  defire  to  rule  we!l,and  to  make  Laws  *«'t''',IS» 
providently,  for  the  mattcr,manncr,and  fcafonof  them,  is  all  that  Princes  and  Parlia- 
mcnti  can  be  expected  to  propofe ,  and  as  far  as  they  may,  effect :  God,  whofe    the 

U  u  event 


ia.6  A  Commentary  upon  Fortescue. 

event  of  them  is  to  know  and  rule,  can  onely  and  alone  do  more,  and  do  better  then 
this:  but  under  men  there  is  one  onely  remedy  for  what  is  in  the  proof  of  Laws  amifs  in 
them  ,  that  is*  concito  reformari  pe{fu*t  J  Statutes  or  Common-Laws  are  not  then 
irremediable  evils,  but  accidental  and  curable  ones  ■,  not  by  amputation  onely  ,  as  in 
Gtngrrnts,  but  by  attenuauns,  as  in  Difeafes  of  lefs  danger.  There  is  a  power  by  the 
Law  in  our  State ■  Phyjuian,  and  his  Ca/Mfr,  not  onely  pUJlique,  but  in  a  tort  crea- 
tive whecby  no  orxly  form  and  being  is  given  by  making  that  Law  which  was  not 
Law  bu-  al  eratiOQ  of  that  from  what  it  is,  to  what  it  better  ought  and  may  be.  This 
rrf  rmsri 'is  .hatyiiot  of  Hoot  and  Branch,  but  offuch  Wens,  MonftroGties  zYd  Ex- 
crsfcencieS  as  miy  be  abated  and  taken  off  without  danger  to  the  peace  or  disfigure 
of  the  b:auty  of  that  they  adhe;e  to.  Thus  reformatio  and  reformari  are  honed,  loyal, 
and  ufeful  words,  leading  to  neceffary  works ,  if  they  be  rightly  .bounded.  So  the 
Civilians  ufe  rtformant,  id  eft,  quiformam  a!inm  convent ■  oni  dant; 
Tholoff  Syntajm.]«i»  univefi.  W.  xi.  vel  eandem  fubftantiam  cenvmticnis  alia  forma  retraiiant.  Thus  they 
c  1>  *"  4-  alfo intend  by  their  reformatio  menafteriorum,  fubrogatio  in  locum  co~ 

Lit.  15.  1.  ij.  tit.  17.  rum,  qui  eo  tituto  indignifunt  ;  and  fo  velligalia  fine  impcratorum 

•  practdenttarej«rmare,&  bu  vel adaere  ,vel  atminuere  licet.     And 

fo  the  beft  Authours  take  Reformation  to  be  the  reduction  of  a 
vt.funUmmmUn^  >>»[»«»i»»">»*e  thing  into  its  old  or  a  bette- form.  Thus  Pliny  ufesit,  when  he 
t„  tyraviifpt  mn>  prinapam  ptrtm  n:     ca|l8  cnc  prince,  He  that  like  a  good  Father  reforms  and  corretls  the 

ftSffiftS^Effi*        iHmanners_cfhuChtldren>andl>ringtthembacK.bjthefllp,thcjhave 

goneaftray,  So  ^  he  termt  him  he  admires,  the  very  reducer  and re 

,      ,      ,        ,  ,  ,„„Mn.    forrerof expiring  and  even  dying  art.     Nor   does  guinti lian  in- 

£mf,  dtdti.ot  cicerone.  Qiotil. /it.  1*.     tend  lels,when  he  makes  rejormare  to  be  velut  recoquere.     For  as 

c.  6.  boyling  and  burnifhing  Plate,  renews  it ;  fodoth  Reformation  of 

Laws  recuperate  their  refpeft,  and  re-ingratiate  them.  Thus  the 
■SMMittMulboiough,  n  h.  3.  ^«»»  $titme  of  Marlbridge  mentions  Reformation, It  was  prcvided(iikh 
I**7-  the  Preamble  )  agreed,and  ordained,that  whereat  the  Realm  of  Eng- 

^  land  of  late  had  In  >  n  di,' quieted  with  manifold  troubles  and  dijje  ntions  • 

f or  Rr formation  whereof ', Statutes  0-  Laws  be  right  neceffary, !ic.Tha$t 

j    r    ■  »-,u   £n.  tmttrm,i*     in  fenfe,is  the  meaning  of  the  Preface  to  the  Stat.  2  Wist,  and  in  0- 

Ntmiprndinsfint  ;ȣj/"<,   J">*  tempering*, 

j,«/ir»««<ii«.  «"  pr-dentiaignavatffc  po-  tiler  Starutcs,where  the  words  redrefs, amendment, and  the  like  are, 
„ft,  **»,»#<,  Al"  """"["""'^"m  which  do  (hew  that  Re  formation  is  always  intended  for  the  better, 
Ltefa.  '  jTob.  ml^t'jhm.m  though  nor  alike  in  the  extent  of  it s  for  that  it  fometimes  wholly 
pimaiekisciipiis,/>.  17.  «**.  J,»«f.  repeais,and  at  o.her  times  but  in  part,  as  according  to  the  wifdom 

of  the  King  and  his  Parliament  feems  meet  ;  which  becaufe  kisfe- 
ftinum  &  certum  remedium,  the  Text  fays  concise  reformari  pt(]'unt, 
intimating,  that  thefe  politique  Potters  have  power  of  the  Clay- Laws,  and  can  make 
them  with  their  breaths  veflels  of  honour,  or  ofdifhmour.  For 'tis  not  ccnite  reformari 
debent,  but  poffunt;  becaufe  there  is  not  fo  much  neceffity  of  (late,  as  conference  of  du- 
ty to  God  and  Men,  which  makes  chem  to  do  what  therein  they  can,  and  with  all  the 
fpeed  and  convenience  they  can,in  this  Reformation,  which  is  to  be  onely  by  them.  So 
is  the  lad  part  of  the  Claufe, 

Et  non  fine  communitatu  &  procerttm  regni  affenfu,  quail  ipfa  primitus  tmanarunt. 

This  is  the  unalterable  method  of  enacting    and    repealing    Laws  by  the  King,  as 

Head  of  the  three  Eflates,  the  Lords  of  the  Spiritualty  and    Temporally,  with    the 

Knights,  Citizens,  and  BurgefTes,  all  aflembled  in  the  two  Hou(es  of  Parhament.Now 

becaufe  enaction  is  onely  in  ftnftnefs  of  Law  and  policy,  the  Aft  of  Majefty,  'tis  onely 

faid  here  afjfnfu  communitatis  &  procerttm  regni,  fince  to  them  Affent  and  Confent  is 

ordinarily  afcribed.  ^ind  though  the  word  ctmmunitas  is  as  much  as  needed  to  be  faid  to 

1  inftit.  f.  sit.    include  a  Parliament,  (which  is  the  common  Aflent  of  thr  Realm,  and  fignifieth  an  At~b 

of  Parliament ,  for  it  cannot  be  per  communitatem  ^ng1ia°,£*f  £7  Parliament  )  Yet  our 

-    Text,  to  fhew  how  great  honour  the  Law  does  the  noble  Peerage ,  and  he,as  a  worthy 

Englijh  man  would  do  to  that  Honourable  Order,  mentions  them  particularly  as  the 

Kin* !<**'*      Sreat  Pr0Ps  and  inftnncesot  every  dignified  excellency,  which  Peers  are  either  temporal 

Speech,  n»s.      mn,   tyht  are  bereditable  Counfellrjurs  to  the  High  Court  of  Parliament,  by  the  htmur  of 

i"i0t-  their  Crtatien  and  Lands  ;   or  Bijbop s,Spiritual  men,  who  are  likf/y  by  the    virtue  of 

their 


A  Commentary  upon  FoRfksciiE.  24.7 

their  flace  and  dignity, Con>tfellours,Life-Rinters, or  ad  vitam,  of  this  Court.  Concerning 
thefe  many  have  fo  copioufly  writcen.that  I  forbear  to  ad  any  tliing,becaufe  all  men  that 
know  any  thing.know  thefe  are  fo  effential  to  a  Pari.  &  fo  eftated  in  it  by  all  Laws.Cu-  s^'^ia  'I  u 
flcmsj&conftuunons  of  this  Nation,&  then- places  fetled  by  $1  H.S.c.io.thatnotwith-  »i.°s''"  °* 
{landing  we  have  heard  voted  thefe  late  unhappy  times  the  contrary  ^  yet  as  true  as  truth 
it  felf  it  is,  that  no  true  Eng/ijh  legal  Pari,  can  be  without  them-,  and  therefore  the  Text 
puts  the  w«»  fmccomniunitatis  &  procerum  affenfu  ;  for  the  rule  is  quorum  eft  iriftituere 
torum  eft  etiam  deftruere,  as  without  the  Lords  and  Commons  both,  and  each  of  them, 
no  ena&ion  can  be  made  -,  fo  without  them  can  no  enaction  be  difcharg'd.  But  of  this 
enough,  becaufe  1  have  every  where  in  this  Comment.afferted  their  neceffary  co-ope- 
ration to  ensftion  of  Laws,  according  to  what  the  Books  of  Law,  and  the  Lawofufe 
and  prafticc  warrants  me  ;  palling  by  the  reft  of  the  Chapter,as  only  matter  of  recapitu- 
lation and  abridgment,together  with  application  to  the  Prince  by  way  of  complement , 
&  prayer^hat  having  in  the  Scale  ofjuftice  weighed  theArguments,and  being  throughly 
fatiified  ,  that  what  the  Chancellour  had  undertaken  in  behalf  of  the  Laws  of  England,  , 

he  had  conveniently,  and  to  his  expe&at'ton  fatisfied  him  in ,  hewould  conclude,  that 
the  Laws  that  have  fo  juft,  pious,  and  well-  fetled  a  Foundation,  may  be  accounted  of 
him  not  onely  effectual  and  good  to  promote  Order,  Piety,and  Wealth  in  England,  but 
alfo  the  bed  and  raoft  commodious  to  thofe",  and  fuch  like  ends,  for  this  Nation,  of  any 
Laws  in  the  World  ;  and  fo  1  end  this  Chapter. 


CHAP.  XIX. 
Solum  igitur  unnm  it  his  quibtu  agitatur  Mimas  tuns,  reftat  exfUnandum,  &e. 

T His  Chapter  brings  in  the  C  hancellour  propofing  the  method  ofhis  Difcovery  to 
the  Prince,  how  Judgment  is  inoffenfively  to  be  made  of  the  two  Laws  -,  and  there- 
upon how  his  promife  to  fatish*  the  Prince's  mind  in  the  fcruples  it  has  about  them,  will 
be  accomplifhed.  Now  becaufe  the  queftion  was,  Whether  the  Common-Laws  wer« 
as  good  and  effectual  to  the  wife  and  orderly  Government  of  England,  as  theLaws  Ci- 
vil were  to  the  Empire,  he  fecms  in  this  Chapter  to  premife  fomething  antecedent  to 
the  main  of  the  Arguments ;  as  firft  that  it  is  digna  &  nobilis  quaflio  ,  and  fuch  as  will 
deferve  his  diligence  to  be  informed  of.and  concerningit  princelyly  to  judge.  For  that 
I  take  to  be  inlinnated  in  thofe  words,  etiam  &  accommodi  judicari  mereantnr :  then 
fecondly,  that  in  difquifition  and  dijudication  ofthem,  there  ought  to  be  folid  judg- 
ment, and  modeft  delivery,  becaufe  comparaticnes  odiofd  funt,  that 

is,-  Comparifons  are  as  they  are  moftly  managed,    make- baits  and     ^w^tntm  wu  cfmf»m.  cic.  fr> 
ventings  of  partiality,  rather  then  inductions  of  reafon  "into  ame-     Cuem">• 
thod  of  proof  and  trial  of  things,  upon  the  good  and  evil  of  them     cmfarm  cmand  rix*<n,  «(f»{»«,  *i 
petpended.     Andthis the Text-Mailer  the  rather  jnentions,  be-     ""fHm- c*»™^- u * 
caule  he  would  not  onely  fbew,  that  he  does  not  enter  on  this  Ar-     /,,  ,fnt*iinm  em^nai  ieeUmuumm. 
gument  upon  choice,  but  nece{Tny,has  aggndintndelefloribut  alfo    Qimuii./rt.i.c.i'a. 
to  fhew,  that  there  may  be  a  profitable  ufe  of  comparifons,and  that 

\      r     r     t-  -ljl  i         tjl  ■    t_  i  r  Tarmm  c«mptrtt\*  nee  tUtuntm  IiaM,  nee 

in  the  fenfe  they  might  and  ought  to  be  ufed.they  arc  amiable,  ufe-    /(,tm,y*™*f  ef  mm  ,^u,.  cic  tc~ 
ful,  and  not  odious.     For  bcfides,that  comparifons  are  to  the  judg-     pic.  57. 
ment,  as  light  is  to  the  eye,  thcm^/«»»ofdifcerning;  and  that  by 

them^under  the  rational  fenfe ,  appeal  is  made  to  the   gravity  of    in  c,m}*r»tmt  vh  mum  c«™/»ir.idem. 
that  Tribunal  for  judgment :  even  God,  after  the  manner  of  men, 
ufes  comparifons,  to  reproach  the  Oupidnefs  of  mortal  madnefs,when  he  compared,  as  a 
fountain «/ living  Water    faith,  he    is  deferted  by  his  ingrate  Creature,  for  (tropin  Ci- 
fiemt  that  n ill  hold  no  water.     And  thus  he  propbfes  his  ControverGe,God  had  delive- 
red Ifrael  from  many  evils,  and  many  times  interpofed  his  power  and  goodntfs  to  their 
danger,upon  which  lie  expefted  duty  from  them  in  fome  proportion  to  his  indulgence 
to  them  •  which  they  not  affording  but  the  treafttres  ofroickednefs,   being  in  the  houfe  of  ■ 
the  Wicked,    for.  10.  and  violence  being  in  the  rich  men  thereof,  ver.  n.  from  thcin- 
corrcfpondcnce  between  the  venture  of  God  with  Man,  in  his  voyage  of  life, and  man's 

Uu  z  return 


Mic.6,1." 


24.8        A  Commentary  upon  Fort  escue. 

return  to  him  for  his  talents  credited  to  him,  he  deduces  this  rcfolution  to  make  them 
fiil^in  fmitivg  them ;  as  directing  in  his  method  the  true  ufe  of  Comparifons,to  learn  by 
thercfuitofthem,  after  confideration  of  their  circumstances,  what  is  good  or  evil, 
StitumUi:  «  beft  and  worft  of  them  compared,  and  to  chufc  the  beft,  and  rcfufe  the  word,  non  ex 
„nf*ru»ntfa-  mtt  ^ujiiCXOy  faitn  our  Text ,  Jed  ex  hu  in  ejtibus  tar  urn  differuntfententie,  efftcacius  ca- 
f'r'^?rim.if.  fert  pacris  argument*™.  3.  That  there  ought  to  be  a  due  undemanding  expreffed  in 
*#*•  the  p-rponderation,  and  delivery  over  of  a  man's  prafticc  and  choice  to  one  and    not 

the  other  :  for  comparifons  being  to  an  end  of  equality  ,   the  true  nature  of  rational 
comparation  is  not  attained -,   if  wherein  things  are  what  they  are,be  not  throughly  con- 
fidcrcd,  ZJbi  cenveniunt  leges,  and  in  cafibns  ubi  diffintiunt,h\s  the  Text  :  this    is  ne- 
ceflary  to  the  proper  apprehenfi  on  of  the  Laws,  as  they  are  the  fubjects  of  choice,  ar.d 
as  choice  is  made  upon  that  digna  penfatio,  which  is  the  refulgency  of  wcll-applyed  rca- 
fon.     The  drift  of  the  Chancellour  in  this  Chapter  then  is  not  to  make,  as  Tullfi 
tt'i.i,  offic.u.     words  ire,contentioncm  &  comparationem  tie  duobm  honeFlis,to  contention fly  compare  the 
two  Laws  ;  but  to  compare  them  fo,  as  to  underftand  whether  of  them  is  upon  tryal  fit 
or  unfit  here  for  this  publique  ufe  Laws  are  defigncd  for.Thus  did  Salufi  ccmpareC</<»r 
andCofo,  andfuliusCapitelinns  Balbinaswilh   Maximus  ,  yea, 
\AiitrumfntrumtitmmtmijH,,  hmm  U-     thus  did  Plutarch  the  noble  Romans  with  the  Greeks,  and  with  0- 
k.,f»<«>«n».  aium  mhUUrymHrn    thers  of  their  own  Nati6n.     Ar.d  thus  does  Wifdom  inftruft  todo, 
Op*£""/'4j.'Augwtt.  scc^'o"  'US     to  make  the  choice  of  what  men  like  and  sdhere  to,  more  rational  •, 

for  wcreitnotforcomparifon,  and    the    view  Wifdom  takes  of 

things  and  men  in  the  glafs  thereof.how  would  Peliderus,\.hc  Son  of 

vir  f»mmt  fntfituu   &  temfnibu  fait     jitcamenes  ,vihom  Paufanias  reports  to  be  one,  who  neither  J "aid,  or 

f,uS,  hit.,  Tiebel.  rollio.  ,.*«».  did  Anl  thing^  t0  the  in]Kry  er  rcfrcchcfan)  man,  but  jcyned  huma- 

sigonius  Triumph.  Rom.  p.»o4.  nity  with  jujiice ;  and  ptfo,  the  cnely  and  humble  moderate  man  of  his 

,     ,.,  .  time-   and  Hcrmedortu,  whom  the  faddy  Ephefians  banifhed  ,  for 

"Ntrnt  mlrrum  fmc,  tilt,  Strabo.  lib.  *♦.  .        \  _  J         ,,         .   ,  .*         '         '     , ',      ,  _  ' 

*■  *"  '  that  he  was  a  grave  and  well-pois  d  man  ;    and  Inch  as  Trajan,  An  ■ 

$*<  Ihxm  &  fl^nii,  tiut  f»it  Nero,  F«m  toninns,  and  others,  be  difcovered  from  Acre's,  Plautianui's,  and 
SP^tSUttSSS?  Corccottas,  who  were  Beaftsin  mens  bodies  ,  and  who  make  all 
jh*md,crti  amr*utv:.  saiftmMiero-  where  they  come,  worfe  for  them  ^nd  weary  of  them.  This  good 
ny",,EP'  then  comparifons  occafioning,  when  they  are  ufedfoberly,  andac- 

cording  to  the  intent  of  our  Chancellour,  they  are  of  excellent  ufe ; 
and  will,  (as  our  Chancellour  hopes,)  make  good  to  the  Prince,  thatthe  Lawsof£»^- 
land  are  not  onely  bona  &  efficaces,  as  he  in  the  former  Chapter  calls  them  ■,  but  frugi 
&  (ffiaces,  that  is,  effectual  not  onely  to  punifhment  of  eyil,  but  benign  in  the  fru- 
gal and  moderate  cxpreflion  of  themfelves,  to  encourage  goodnefs  -,  and  thence  de- 
ierve  melius  praceninm,  then  by  their  rigour  they  otherwise  would  ;  And  fo  ends  the 
19th  chapter. 


CHAP.    XX. 

$i  coram  ]udice  contendentes,ad  litis  perveniunt  ccntefiathnem  ftiper  materia  faili^uam 
legis  Angliar  periti  cxitum  placiti  appellant. 

THis  is  the  firft  inflance  of  the  diffimilitude  of  the  proceedings  of  the  two  Laws,  and 
'tis  in  the  enquiry  of  the  truth  of  the  matter  of  fad  which  is  in  controyerfie ,  upon 
which  duly  cleared,  the  Sentence  of  the  Laws  is  given :  for  though  both  Laws  aimac 
thedifcovery  of  truth,  and  in  both  Laws  the  Judges  are  to  proceed,  feemdum  allegata 
&  probata,  and  to  deliver  righteous  judgment  according  thereunto  ■,  yet  in  the  man- 
ner of  the  proof,  not  in  the  end  whereto  it  tends,  arifesthedifcrcparcy. 

Si  coram  judice  contendentes  ]  Here  is  fet  forth  the  parties  pro  and  con  called  ccnten- 
ientes  -,  not  that  always  there  actually  is,  or  religioufly  ought  to  be  enmity  of  mind, 
where  there  is  legal  difference :  for  then  the  power  of  God  in  the  Msgiflrates  hand, 
would  fupport  a  breach  of  that  Commandement,  which  fays,  Love  one  awthtr,  and 
thou  (halt  not  hate  thy  Brother  in  thy  heart  •,  becaufe  where  ever  there  were  rancour 
of  mind,  there  would  be  a  fubtcrfugc  to  that  diftemper,  in  the  pretence  of  legal  juftice  . 

which 


A  Commentary  upon  Fortes  cue.  24.9 

which  though  it  too  often  be,  yet  is  it  not  always,  norneceflary  to  be  fo  charged  on 
all  Contenders  at  Law-,  fince  fometimes  thac  courle  is  unavoidable,  and  mayconfiltas 
well  with  habitual  Charity ,and  amicitial  integrity  and  fervour,  as  did  Lots  and  Abrtt- 
foiw'j  parting  upon  the  contention  of  their    fervants^  notwithftanding  which,  their 
friendlynefs  was  full  and  cordial  :  but  they  are  called  centendtntes,  becaufe  the  parties 
in  courle  of  Law  are  in  a  politique  battail,  wherein  juridiquely  they  draw  forth  their 
lorces  each  againft  other-    the  plaintiff  affirming,  and  the  Defendant   denying    the  ctumknpn'L 
matter  he  tssccufed  guilty  of  ^    and  becaufe  what  men  either  love  or  hate,  dciire  to  f<»i«'&<ftt' 
have,  or  arc  loath  to  lofe,  that  according  to  the  impetuofity  of  their  paflion  they  apply  ™rj:  ^T'1 
themfelvestotheobtainmentof.  Therefore  all  Authours,  to  exprefs  esgernefs  andin- 
tentnefs  of  mind  on    any  thing ,   render  it  by  ctntendtrt.    Thus  contendere  curfnm  6r*v'  4smin  ** 
adalitjuem,  is  to  fet  with  a  good  will  to  any  one  •  contendere  agmen,  to  lead  a  force  of  md^Tutm. 
men  to  the  relief  of  a  party,  or  to  gain  a  pafs.     So  TuKy ,  contra  vim  gravitatemqttc  ''<•»■   cic  ».  ' 
tnorbi  contendere  y  and  omnibus  tiervis  contendere,  and  flurimis  verbis  alttjuidab  aliejxo  rr'"1'1  s '  "errrm 
contendere.    This  and  the  like  fhew,  that  the  parties  that  would  legally  evift  one  ano- 
ther, are  therefore  thus  called,  becaufe  they  do  manage  a  civil  Combat ,  and  try  a  Jh- 
ridique  mattery,    upon  which  they  arc  faid,  ceramjudice  contendtntes. 

Ceramjudice]  This  makes  contention  lawful,  in  forofacnli,  becaufe  it  is  an  ap- 
peal to  the  Civil  Magiftrate,  as  the  Oracle  and  Judge-,  and  it  fuppofes  him  to  have 
power,  becaufe  it  appeals  to  him  for  tryal  and  lentence,  which  it  could  not  reafonably 
do,  ifit  did  not  allow  him  cognizance  of  the  Caufe,  which  it  doing,  takes  offall  pri- 
vate revenge,  and  all  contumacy  againft  the  Ordinance  ofGod  :  for  the  Magiftrate 
is  fet  by  God" to  fettle  debates,  and  thereby  to  prevent  diforder,  injuftice,  and  con- 
fnfion.  Hence  is  it,  that  by  the  Law  of  Nature  and  Nations  Judges  are  every  where, 
and  in  all  times,  fet  up  and  repaired  to,  and  all  Contentions  fctlcd  by  them.  And  that 
this  Office  was  Patriarchally  in  the  Heads  of  Families,  after  in  the  Prieftj,  after  in 
Judges,civil  Magiftrates,  and  fo  is  to  this  day,  no  Nation  affords  not  tcftimony  to  it,  no 
man  can  be  ignorant  of  it. 

Ad  litis  ferveniunt  eontestationemfufcr  materia  fac~li~]     That  which  the  Common-  L^«Digeft.  lit- 
Lawyers  call    (after  the  Arrcft  or  Appearance,  and  Declaration  upon  it,   to  which  »•*■«•*;»•»»■ 
the  Defendant    pleads  )    tbt  iffuc  of  the  Plea  is  by  the  Civilians   termed  lit  is  " Glofs* 
ctnteftttio;  becaufe  the  Citation  liimmoning  the  parties  to  appear,  their  appearance, 
and  the  legal  teftificitions  of  their'minds  is  termed  litis  centefiatio-,   and  lis  we  know  is 
fo  called,.!  /twitf, becaufe  the  firft  quarrels  that  were,  are  thought  to  be  about  bounds  : 
and  hence  becaufe  the  grounds  of  this  variance  were  things  folid  t  Lites  were  accounted 
otbergates  matter  then  f/trgia,  thofe  wc  call  Brawls ;  for    they 

may  be  among  Neighbours,  without  breach  of  friendfhip;     but     tijmga*  iywh*.  «„«*«».  tm  to 
thefe  Contentions  are  things  of  Hoftility :    and  therefore  though     aMm**.  Tuiiius,  De  rcP.  m  «. 
they  may  be  lawful^and  are  fo  -   yet  becaufe  they  are  pcrillous  to,     Jurgare  iiUltrl.xpUiU intir/i  Wl^  nn 
and  minacious  of  the  extirpation  of  Charity,  not  onely  does  inge-     '»<x««.  Nonius, 
nuity  decline,  but  Chriftianity  reproach  it,  as  a  fpot  that  is  none  of 

the  fpot  of  God's  people,  but  a  fmack  of  the  old  Serpent  in  the  lea-    J*  d'P"'^"»  '■><»•»  «■/«.  fii  »"<»• 
ven  of  hu  imparted  enmity ,and  dilaftcction  to  man,  whom  he  w«nld    m.  4.  m.  *.  p.  tiS. 
make  as  unlike  God,  in  good,  as  his  malice  can  plot  and  effeft :  yet 
fo  far  is  the  prudence  of  government  neceffitated  to  give  way  to  it, 

that  to  prevent  the  ferity  of  hismane  nature-,  which  if  it  could  not    &*  **#*ir&  ***  W»,  *fudj»dicm 
this  way  vent  it  felf.would  do  it  more  butcherly  :  it  allows  Suits  at     ISSSX'jSLTSZSS. 
Law  to  determine  what  otherways  cannot  be  determined,  the  par-     corvinm  wEnchiridio.TK.DeLitisCoa- 
tialitiesof  the  refpeftivc  contrarients ,  rendring  them  incompetent     tcft#  **u' 
Judges.     And  this  the  Law  Civil  calls  litis  contiflatio.     ^uintilian     qu\ui\\.  L*\%tt 
names'it  litis  produllhntm,  the  Libel  or  Roll  in  which  the  grievance 
we  have  from  any  one.or  more,is  at  large  fprcified.  And  the  Law- 
yers makes  contestation  to  differ  from  proteflation,atteJ{atioKydetcs~la~     Aiciw.  i» /<yn«>  *o.  ui>.  De  verbor. 
tion,u  Alciat  has  at  large  quoted  Anthorities-.by  weii  it  appears.that    signifies  »•». no.  . 

..  «....■      is/l  j     o-  r     L  ■  n       Lutm  in  judmitm  dtdnarc  ill  litem  nntifttrt 

this  centeftatto  hits  is  the  folemn  production  of  the  matter  in  conceit     Ll!l  ,.,„.  ,...441. 

before  the  Judge,  with  intent  of  affirming  or  denying  the  truth  of    Lit-  «• T<<-  j-  De  pr°««ationibiis  conte- 

thefaft.    For  the  faft  being  that,  upon  which  the  Law  arifes,  the    *™"-",clefi-r-i"- 

proof  of  that  is  the  carriage,  and  the  difpro'of  of  it  the  defeat  of  the 

caufe. 


2$o  A  Commentary  upon  Fortes  cue, 


/»  L/f.  Hi.  «».  I.  De  Verb.  Ggnific 


Digeft.  Lik.  Ui 
<<r$eq. 


M.  j.De  Tefiibus,^  t»l4. 


Digeft  /«*.»»•  ">.  s.DigoitasH./.  *©»». 
DigefUit  i.  >"•■  ■  f-  z»  J.  Domeilin  Mag 

Tholeflan.  Syntaj.  Juiis. /i*.  48.  '■  >l-  "' 
De  Teftibus. 


Forneriusin/ijm  •>.  fl".i. 
nific.f,  a}). 


caufc  or  contention,?"^;  dicuf.tur  quafi  fuperftitet  &  antifletes,qui 
ftantdittis.velfallis  :io. Aleut.   So  thatWiintffcs being ncceffary 
to  prove  matter  of  fact,  the  Law  requires  that  they  be  legitimi  & 
idonei,  thofc  which  in  fome  fenfc  were  prefent,  either  by  fight,hear- 
ing,or  fome  other  lawful  way,  by  which  they  are  enabled  to  give 
pofuive  and  indubitate  teftimony  ;  which  ihey.the  more  unquelho- 
nably  do,when  they  are  a{fdui,M  the  Law  of  the  Twelve  Tablet  is : 
that  is,  faith  a  glofs,  Locupletes, men  ofworth,who.doriot  teftifie  by  ' 
their  teftimony  to  make  a  gnn,but  are  emrti  exception  majoret  ,which 
fome  are  not,whom  the  t^ivil-Law  therfore  excludes. For  matter  of 
De  Vetb.  fig-    pact,  being  the  ground  of  Contention,  the  Judge  is  to  fee  the  proof 
correfpondent  to   the  averment,    or  elfe  the  litis  conte ft  atio  will 
fail  in  the  proof,  and  appear  rather  matter  of  malice,  then  zeal  for 
juftice. 


Exit  us  hujufwtcdi  Veritas,  fer  legts  siviles  tcftium  depcfitioneprcfari  debet,   in  qua  duo 
teftes  idonei  fuficiunt. 


All  conteftation  is  to  fome  iffue,and  that  iflue  muft  be  determined 
according  to  the  proof  oi  Witnefles  •,  fo  is  the  Text  of  Civil-Law  : 
for  though  in  fome  Cafes  fingle  Witnefles  are  allowed  ;  yet  in  full 
proofs  of  facts  two  at  leaft,and  thofe  fpotlefs  and  plenary  Witnefles 
are  required  as  fufficient  ■,  and  this  the  Civil- Laws  had  from  the 
Mofaique-La'to,  which  undoubtedly  was  according  to  the  Law  of 
Nations   equity  ,    wherein  God  has  fo  inftru&cd  Mankind,   to 
rniuifter  thus  to  juftice,  that  no  lefs,   nor  no  other  proof  for  the 
main  fhould  be,  then  this  of  Witnefs,  and  for  the  moft  part  of  2  or 
3  in  number,      for  in  Dent.  1 9.1  5.  One  jvitnefs  fhak  not  rife  up 
againft  a  man  for  ah]  iniquity ,  or  for  tiny fin  that  he  committeth  ■,  At 
the  mouth  eftwi.  JVitnejfes,  or  At  the  mouth  of  three  Witueffes  JIjaII  the 
matter  be  eftablijbed.\n  which  words,  God  has  put  much  weight  up- 
on Witnefles  ,     provided   they  be  Q,-i.V,    fuch  as  witnefle 
de  re  verA  c>  cert  a,  in  their  own  knowledge  ■  and  that  which  they 
knowingly  and  truly  making  known,  and  publickly  ftanding  to,  are 
therefore  by  this  Law  to  be  believed,  and  the  Judge  juftified  in 
Sentence  giving  according  to  this  evidence-,  yea,  though    in  his 
own  Confciencc  he  believes  the  teftimony  is  not  good  and  juft,  he  is 
bound  to  declare  according  to  the  teftimony  of  two  or  three  Wit- 
nefles i  for  God  has  faid  that  mp} ,  /ball  ft  and  i.%z  Pillar  tkatis 
not  to  be  removed,  but  bears  the  weight  of  truth  on  it.  ThetrucJi 
of  which  is>ot  onely  made  good  from  the  Texts  of  Civil-Law,  but 
from  the  Expositors  oi  this  Text,and  by  the  moft  unerring  Doctor , 
who  not  onely  lay  in  the  bofome  of  the  Father,  but  knew  the  heart 
of  man:  yetevenhcour  Lordjefus  in  the  \%.otM*th.  16.  confirms  this :  fo  fob.  8. 
17.  and  the  Apoftle,- 1  Cor.  13.  1.  and  Heb.  10.28.  Thefe  Authorities  fhew  thede- 
fcent  of  two  Witnefles  for  proof ;  and  therefore  Ludovicus  Captllus,  a  learned  man, 
doth  not  Without  good  ground  reproach  that  Papa!  Sanation,  juri  tarn  divino.quam  hu- 
mane eontrarium  ;  which  for  proof.againft  a  great  Church-man,will  have  72. Witnefles, 
againft  whom  no  exceprion  can  be:  for  fince,  fays  he,  God  fays,  every  wordfhall  be 
confirmed  in  the  mouth  of  two  or  three:  fomuchfuperadditionisto  make  the  proof 
impoflible  almoft,  and  fo  to  continue  the  (inner  unpunifhed..  Onely  the  Text  here  puts 
in  a  word,  which  well  explains  the  fufficiency  of  this  number ,  when  they  are  idonei-, 
which  what  that  is.the  Laws  mention.as  I  have  quoted  heretofore  in  this  Chapter :  yet 
'tis  worthy.addition,  that  as  the  rule  is  pmfumitur  quis  non  Omens  nifi  probetnr  iden'tu  ; 
'  fo  by  Contraries,  prdfumitnr  quis  idoneus  nifi  probetur  non  idoneus  •,  for  there  is  a  good 
glofs  to  this  purpofe,   Approbatur  quis  eo  ipfo  quod  non  rtprobatttr. 
11.  tit.  j.  p.  1071.  DsTroba-     And  furely,  where  no  juft  attaint  can  be  made  of  a  perfonsunder- 
ftanding,  fidelity  and  privity  to  that  he  fwcars ,   his  teftimony 

oughr 


7>«  ad  mmui  reauirunlHr  ttftts  in  plena  pro- 
Utktu,  rholofl.Syntagm.Juus,  Ui.  41- 
c.  u.ff.  9 

Corrinut  Enchiiid.  Tit.  De  Teftibus. 


Grotius.i'njohan.l.v.  17. 

Vii  numtrm  ttRixm  tun  adjititur .  ttiam 

dutfuftitentiflttralii  mm  eltSu  dmrnm  n»- 

mm  nnttnt*  eft.    Ulpitnus,    Ui.    |l.  *» 

td,a 

Digeft.  Ui.li  tit.  !•  f-1*'1- 

Sapienttr  lex  divita  txigit  tt/lei  in  yttatit 
cmf*  tintl  *»t  ttirMt.frimttm  rtjkttns  fing» 
/«ri4  tt/Himmd.  itmit  oftcvdeM  tam  fcjtt  rfe 
vin  tUc*jiuf<miionMtf*dl€nm  umtanmfed 
e-dmtu,ttfi,lmsfii}!n^Klt,y'\@-.  *»"< 
mm  ttrtitu  ntn  txi£'titr  tt/lii ;  nam  fntauc  ■ 
munfndtra.angHsl"  finiim  circumfcriit  ntn 
ftjfuru.  fid  jnf  «[">*""»  rerumqiu  ciremm- 
fantta  torn  CIO  ariitri*  ajlimanda  vtnmnt. 
Grot  InMatth"''6- 
Battolus,  Digeft .W.i.w.ii  p  M3- 

Si  In  ant  acctifatia  cimfirmatafuerit,  dmrum 
■  ant  trium  tefimtmo  rata  nit.    Vttibl.  in 
Deut.  i».  is- 


fn  Cap.  10    ad 

Htbnos.v.il. 


lionibus, 

Digeft.  lii.t.  tit.t.p.xof,  in  Marg-  glofi. 


^Commentary  upon  Fortes  cue. 


251 


ought  to  be  taken  as  from  a  fit  Witncfs ;  fince  no  honeft  man  will  put  himfclf  upon 

the  atteftation  of  any  caufe,  which  he  is  not,  by  knowledge  of,  a  fit  Witnefs  in.  Digea.a*.  tit.} . 

Sedper  leges  Angliae  verius ifia  non  nifi  1 2. hominum  de  vicineto,ubifaSum  hujufmodi 
fupponitur ,  Sacramento  judici  compare  fotcrit. 

This  is  brought  in,  not  to  prove  that  the  Law  of  England  does        '       . 
not  allow  proot  by  witnefi*es,one  in  fome  cafes(*;«»*«  tcfHsfuftcit     ft,)  , ^l  Ej^tiY.'  *' "' 
van  ad  d*v>n.<nd*m,ftdad inquirendum  &  infecuniariis  ad  deferen-     3 !■*«.«  t.  Petit  rreafon.^j.  e.  Um 

mud  be  ;  and  fo  jn  other  cafes,  the  more  Witnefles  are,  the  clearer    juris.  J? 

probably  is  the  c.ufc  to  go  •  buttofhew,thatoverand  befidesthe     lJEa*tr*"i' 
two  Witneffcs,  the  Law  appoints  the  sheriff  to  fummon  a  Jury  of    Vi  h.  V X ''.  [*B.f.tX  fi*>?l!'  '' "' 
rwclve  men  in  number,  and  thofe  liberi  &  legates  homines,  and     Regift  /«/.  17*. 
thofe  de  vicineto ,  dwelling  about  the  place  where  the  fad  in  con-    jgT  f"a*  ™"'  *****"  *'"  Re£- 
troverfiets,  who  being  prefumed  to  know  beft  the  truth,  are  to  pafs 
upon  theirOaths  their  Verdi&s.upon  hearing  of  theEvidence  orWitnefles  depofing,whac 
upon  their  Oaths  tliey  believe  to  be  the  truth,&c.  In  all  which  Cafes  within  the  trial  of 
Juries.there  are  fptcial  qualities  of  Jury-men  limited  byStatute,according  to  the  nature 
of  their  enquiry.     Thus  Jurors  in  lndidments  are  by  11  H.^.e.  9,   Jurors  within  the 
County  or  without,  21  £.1.   upon  life  and  death,  iH.j.f.j.   8  H.6.C.29.  upon 
forcible  Entries,  8  H.6.e.  9.  before  Efcheators,  iE8.f.8.  before  the  shenffin  his 
turn,  i£  j.f.  4.  to  enquire  of  Felonies  in  Corporate  Towns,  23  H-S.*-1 3-  on  At- 
taints in Londsn,  11H.7.C  21.  4 //.S.c.J.   5  H.i.oi.     Thefe;  and  the  like,   the 
Statute-Law  provides  for  Juries ,wuhout  which  no  trial  of  faft  can  be.    Which  ufe  of 
Juries,  however  fome  have  been  pleafed  to  affirm,  that  they  were  introduced  by  the  ^'h^.v^u. 
Conquerour,  miftaking  (I  prefume)  his  taking  of  twelve  rnen,who  out  of  every  Coun- 
ty were  chofen  Reporters  of  the  Countrey  Cultoms  for  thefe  Jurors  in  matter  of  fact 
between  man  and  man.     I  fay,  however  rmftakes  may  herein  be  •,  yet  fure  it  feems  to 
me,  and  to  others  more  wife,  then  I  dare  prefume  to  think  my 
felf,  that  Jurors  are  very  antient  here  even  from  the  Saxons  times. 
For  in  the  Saxon  Laws  mention  is  made  of  them,and  that  as  a  pecu- 
liar fet  of  men,  that  were  in  matter  of  faft  to  judge  the  truth,  as 
in  matter  of  Law  the  Judges  are.  And  by  Glanvil  it  appears,    that 
when  Duel  was  banifhed,   Clementia  principis  de  confilio  procerum 
fopulis  indultum  ,  then  the  more  frequent  ufe  of  Juries  begun  for 
trial  of  Caufes  •  which  H- ».  did,  to  difcard  the  uncertainty  ofthattryal,  Cumenim" 
tx  uniusfuratiteftimcnioprocedatDuc\\\iva,    duodecim   ad    minus    legalinm  heminnm 
exigit  ifta  anflttntio    furamenta.     For    the  number  twelve, \i  fhouldfeem  to  be  one  cambden    >Ei 
of  thofe  Scripture  [acred  ones  ^\ch  the  Law  delighted  in.     The  Tribes  of  Jfrael  were  t»ni*,j.tsi. 
twelve,  and  the  (tones  and  the  names  written  on  them  on  the  Bread  of  the  High  Priefl: 
were  twelve,  our  I  ordchofe  his  Aposlles  twelve,  and  their  glory  in  Heaven  is  deno- 
minated by  twelve  Thrones ;   yea,  the  Heavenly  femfalem  is  laid  to  have  twelve  Gates, 
and  twelve  -\ngels  to  guard  it  •,  fo  the  Patriarchs  were  vwtbic,Acls  7. 8.  and  Solomon 's 
Officers  were  twelve,  1  King.  4.  7.  So  2  Sam.  1 7. 1.     Thathoufands  of  chofen  "men 
were  twelve,  and  the  fealed  uioufands  in  the  7  Rev.  were  twelve ;  twelve  BuIIocks,and 
twelve  He- Goats  were  an  offering  for  all  Jfrael,  Ez.ra%.  35.  So  with  us  here' the 
Judges  of  old  were  1 2,tbe  Counfellours  of  State  of  old  twelvc;and  he  that  wageth  Law  1  infiif./u( 
mutt  have  twelve,  that  is,  eleven  befideshimfelfto  be  his  Compur- 
gators -4  yea,  it  fhru'.dfeem  that  twelve  was  very  much  a  valued 
number.efpecially  in  great  matters;  fo?  Seneca  tells  us,  ihtzjmpi- 
ter  fends  his  lightnings  by  advice,  for  he  calls  twelve  Gods  to  Council 
about  it;  and  TuSj  fure  intends  fomethingby  it,  when  he  writes, 
Difcebamus  tnim  p-'eri  duodecim  &  carmen  necejfarium  ;  and  the  fa- 
mous <7m^Laws,after  the  Parent  of  the  Roman  Laws.ws  called  thetawof  the  Twelve 
Tables .    the  number  1 2 .  is  famous  in  Prance,  which  hath  1 2  .Pwr.r.Thefe.and  fuch  like  9hcWini»'  -°» 
things  may  prevail  with  us  to  believe,  that  fomething  ourAnceftors  held  fortunate  in  the  z 


Cook  Trtfitctto  the  t.R.ep.' 
DwuUtimvirtlt    ifiud    judicium  tlf/Sns   .It 

SET  ' -&„,i  ,ff"  An*'°-  s«ombui. 

J»«rLL.  E[helrc4i,c.j.#-f. 
Lib.  z.    c.  7. 


Hn.  ai.n; 


Secundum  mwtit  tjuidtm  Jupittr,  fii  tx  «*» 
nth  fmtnti*  ;  dmiiiim  umu'Dcm  nivtctt. 
Natm«l  Quzftjtbjicunda,  c,+l. 

C'lCCtoJicHnd*  hgilus  f). 


number  twelve . 


P-33I. 


Ve 


i$i  A  Commentary  upon  Fortes  cue. 

De  vicintto~]Th\s  is  a  word  from  T//V»».'//,fignifying  the  Neighborhood,any  place  within 
the  County  orHundred,which  is  in  a  large  fenfe  the  Neighbourhood,  thcitaf.17  ElU. 
r.6.enads  aWrit  to  the  bhcrift,  Js^r/cid  venire  facias  duodecim  liberos,&  legalts  homines  de 

K.eg.  Juris.  vicineto  ;   and  I  fuppofe  the  reafon  is, guia  vicinus  facia  vicini  prafumittir  fcirc-,  which 

the  Statute  words  in  the  Preamble  fomewhat  otherways,  as  the  reafon  of  the  Writ,  For 
the  returning  ofmortable  andfuffuient  furors  for  Trjals,  and  for  reformation  ofabufes  by 
Sheriffs  and  other  Miniflers,  who  for  reward  oftentimes,  doff  are  at  borne  the  meft  able 
and  fuficient  free-holders,  &c.  And  becaufe  Jurors  by  the  Law  have  great  truft,they 
ought  to  beliberi  &  legates' homines  ,  for  that's  included  in  hominum  de  vicineto^  that's 
virorumfide  dignorum,  nere  locallyjufficient  intclledually  and  fortunanly.fir.cere  un- 
fufpededly. 

1  inftir.f.i5s.  b.  Sacramento  ]  This  word  the  Law  ufes  to  put  a  dread  on  men  that  are  under  the  ob- 
ligation of  it;  becaufe  it  is  not  onely  an  Obligation  as  an  Oaih,but  as  called  a  Sacrament 
memorativc  oi' us,  with  what  integrity  men  ought  ft>  enter  into  it.  They  are  under- 
ftandingly,  confeiencioufly,  and  refolutely  to  give  Verdid  according  to  their  Con- 
sciences, and  that  not  onely  becaufe  the  Oath  of  (jod  is  upon  them-,  and  if  they  do 
otherwife  then  juftly,  God's  vengeance  impends  them  :  but  alfo  becaufe  the  Law  has 
put  her  power  into  them  in  point  of  Fad.  And  if  they  have  not  the  greater  fear  of  God, 
reverence  to  the  Law,  and  charity  to  their  Neighbours,  as  well  as  to  themfclves,  they 

Amos«.  u.        p,aj  turn  judgment  into  gall,    and  righteoufnefs  into  wormwood.  And  if  they  do  nor. 
pcrverfly,  but  keep  themfdves  within  the  limits  of  their  Oaths  and  Verdid  accord- 
ing to  Evidence,  neither  for  favour  or  affeftion  :  fo  help  them  God,and  the  Contents 
1  of  the  Teftament-l  fay  ,if  according  to  this  they  do,undoubtedly  they  will  quitthemfeivs 

like  men,facramcnto  a(tritti,and  do  in  their  demeanours  clear  to  the  World  the  wifdom 
and  care  of  our  Anceft«r*,to  provide  fuch  a  remedy  agairift  falfhoodand  partiality.  The 
truth  of  this  I  know  by  what  I  have  feen,  and  found  by  mine  own  pe.Tonal  fervice  in  Ju- 
ries with  perfor.s  of  quality  ,Knights  andGendemcn  of  the  County  of  Afiddlefex, my 
■  worthy  Neighbours,  and  that  in  caufes  of  very  great  moment,  and  on  grand  Enqueils  ^ 
for  onely  with  fach,and  in  fuch  caufes,have  I  been  engaged :  and  I  am  further  humbly 
boldly  to  fay,that  if  Juries  be  kept  up  in  their  credit.and  Gentlemen  of  the  belt  quality 
be  by  no  means  excufed,except  where  Law  and  ncccflity  excufes  them,  there  is  no  fuch 
way  of  tryal  for  the  juftice  and  integrity  of  it  in  the  World,  lor  who  that  is  by  birth  a 
Gentleman,  and  by  breeding  and  fortune  kept  up  worthy  that  degree,  will  ch?.rge  his 

The  credit  ef  foul  with  the  guilt  of  per  jury, for  the  pleafure  or  {car  of  any  man  ?  N?.y,I  further  will, 

furies  h>Ve     under  the  favour  of  my  betters  prefume,to  add,thefe  great  tree-  holders,  being  thus  in 

preferved.  fervice,  will  do  the  Crown  all  right,  in  prefenting  encroachment  uponit;  and  the  peo- 
ple in  prefenting  all  common  nufanccs  or  entrenchments  upon  them.  And  this  the  She- 
riffs (hall  do  well  to  take  notice  of,that  the  King's  Courts  ofjullice  are  nevcr(to  my  ob- 
fervation)  better  pleafed,  then  when  they  fee  Pannels  and  returns  of  Knights, 
Efquires,  and  Gentlemen,  of  rank  and  quality  before  them.  And  our  Text  gives  the 
reafon,  becaufe  in  matters  of  fad,  Nonnifi  12.  hominum  de  vicineto,  *bi  factum  kujus- 
tnodifuptomtur,Sacramento  judici  cc*/}are  poterit.  No  Jury  returned,  and  appearing, 
no  tryal  can  be  ,  fo  no  Sentence  j  for  matter  of  fad  mufi  be  tryed  by  Juries,  ad  quefli- 
enem  fatli  non  refpondent  fudicest  ad  qtttftionem  Juris  non  refpondent  fnratores. 

^uaritur  igitur,  &cQ  The  difference  of  Tryals  by  the  two  Laws  being  patcfied,  this 
is  the  reddition  and  application,  as  it  were,  to  its clofe  order,  that  the  prince  may 
fee  how  the  Chanccllour's  Arguments  anfwer  the  end  of  their  Produdi»n.  The  thing 
**  he  was  enquired  about,  and  undertook  to  fatisfie  was,  that  the  Common-Laws  of 
Englandwercbena&efficaces  for  England,  as  the  Civil  Laws  were  for  the  Empire. 
Now  this  he  fuppofes  he  has  done  in  part,  by  fhewing  that  the  proof  of  matters  of  fad, 
is  by  the  Engltfb  Law  to  be  by  the  Oath  of  two  or  three  Witncflcs,  as  the,  Civil  Laws 
require^  and  becaufe  he  fuppofes  in  the  Englifh  Law  there  is  a  fuper-addition  of 
flrengrh  to  the  validity  of  proof,  and  the  prevention  of  fa!fhood  by  the  Juries,  which 
are  on  their  Conferences  to  judge  whether  they  think  the  matter  of  fad  is  depofed  to 
and  in  its  evidence  clear,  he  thinks  this  the  rationabilior  &  efficacisr  (via)  adverita. 
tent,  then  otherwife.  But  of  this  enough  -,  and  if  by  any  thought  too  much,  which 
(under  favour)  I  think  has  all  imaginable  modefty  in  its  affertion.  Let  that'  excu  fc  the 
Chancellour  •,  and  his  humble  Eccho  my  felf,   the  Law  of  England  has  thought  fo,  & 

■leg.  Juris.  nemintm  tptrtet  ejfe  legibus  fapientiirem.  CHAP. 


Reg.  Juris. 

i  Influ.^,  ljj.  b. 


A  Commentary  upon  Fortes  cue.  253 


CHAP.    XXI. 

Per  leges  civiles  pars  qua  in  litis  cotitefiationem  afirmativum  iitit,  ttftes  frodactre 
debet. 

THisisfuitabletoreafon,  and  the  method  of  all  Laws ,  forthofe  that  commence  a 
Suit  to  make  good  their  Action  by  proof.     For  befides  that,  the  Lawyers  fay,  in 
his  qua  pertinent  ad  litis  ordinatit>nem,f*vtmus  atleri   potius,  qnam 
ret,  which  makes  the  Plaintiff  have  the  advantage,  as  he  is  theocca- 

fion    and  fo  may  move  faft  or  flow  as  he  fees  his  advantage  :  there    •**»  4  <?*  •iiHmt™M  j»dUmw,  «v«4- 
isrekonfoitfhouldbe,  becaufe  the  Adion  or  Contention  either    £,*j£*M*  '•Gteft-*'«* 
jmtifies  or  abates,  according  to  the  Adors  teftimony  valid  or  nor. 
For  thoueh  the  Law  Civil  do  require  ofanAdor  oath,  that  he  has 

not  begun  hit  Suit  injurioufly,  or  on  purpofe  to  difquiet  his  Neigh-     £**  *"*"•  ^"'  *  ♦»  '•  <■ 
bour,  but  upon  affurance  that  he  has  a  good  caufe,  and  the  reus 
or  Detendant  do  likewife  fwear,  that  he  fhall  make  a  juft  defence ; 

yet  does  the  Law  require  teftimony  be  given  fey  fuch  perfons,  fmt    .SZSSSS^VZm 
ipfemet  ad  libitum  fuzm  nominabtt ,    that  is,  by  fuch  idoneous  per-     Glofs.  a.  - 

Jons  as  he  fhall  produce,  and  fhall  be  allowed,  and  not  excepted 
againft.    This  is  the  tenour  of  the  Law's  direction  in  affirmative 

Contefts,  wherein  the  opinion  is,  Duebus  adferentibtts  afirmati-     Digeft./<*.4.*. «  Glofi.  k.  coafcnft- 
•vam  magis  creditur,  qnam  etiam  decern  negativam  propenentibus  ;     lunt' '*'44' 
and  therefore  our  Chancellour  has  rightly  faid,  that  pars  qua  in  lb- 

tiscenteflaticneaftrmativam  dicit  teftesprodn^^  v.      '^   Di   ft./lKxi.Ttf. 

fides  the  other  Authorities,  Pat/Ins  adds,  wcumbtt  probatw,  et  qui.     ,.  De  PtobJtionibus,>.  io«».  ' 
dicit  non  qui  negat  -,  on  which  the  glofs  fays,  Dims  ponit  regulas  hac 
lex  prima,  qua  dicit  sir  aftrmantem  prebare,  &C     From  all  whieh 
appears,  that  the  proof  lies  upon  the  affirmative  party,  for  the  reafonthat  follows. 

Negativa  antemprobarinonpoteft  direct" e,  Heet  pojfit  per  obliquum.     All  affirmations 
are  oppofed  er  weakned  by  negations,  and  negatives  are  either  fattijuris,  or  qualita- 
tis,  of  all  which  negatives,  the  hardeft  to  prove  is  that  of  fad,  which  our  Text  intend-  B»idm.«Matji. 
ing,  therefore  lays,  it  cannot  be  diredly  proved,  though  indiredly,  or  obliquely  it  Sj^jjgj:  De 
ma^,  that  is,  negativa  c*ari?ata  loco  &  tempore  poteft  probari  •  otherways  the  proof  of  (Ijjff1 
it  muft  be  indirect :  as  for  example,  A .  accufes  B.  to  have  been  at  Ttrk, ,  and  there  /•»<>«».  Dige'ft. 
to  have  committed  fuch  a  facinns,  in  proof  of  which  he  produces  C.D.E.  £.  cannot  /'*-""M- 
proye  that  he  was  not  at  T*rk.  ,  againft  the  poGtivc  teftimony  that  he  was ;  but  he  can 
prove  the  negative  by  collateral  teftimony ,  to  wit,  that  at  that  very  fame  time,  2?. was 
at  Exciter,  in  fuch  a  houfe,  and  with  fuch  company  •,  which  admitted  tru£,  proves 
the  negative  obliquely,  to  the  improbation  of  the  affirmative  peremptory- for  the  rule       ^ 
u,«mms  emm  res  fit  dubia  negattene  •,  wnicli  1  underltand  in  a  good  fenfc  applicable  to  ul\.  tka."> 
affirmative  teftimonies,  which  are  fo  far  weakned  in  their  credit,  as  the  negative  of  Gioft  2.  sm<t, 
them  feems,  and  is  moft  ftrongly  fupported  by  circumftances,  introducing  belief,  thac'" ,77> 
rhe  affirmative  is  not  true,  west  &  forma. 

ExilisquippecreditUrcfitpotentia,  minoris  qncqneindujtria,  qui  de  omnibus  quos  no' 
fcit  homimbus,  dues  reperire  neqsiit  it  a  cenfeientia  &  vetitate  vacuo: ,  ut  timer  e  , 
amore  vel  ctmmodo  ,  omni  vel'mt  contrairc  veritati. 

This  is  written,  to  fhew  the  danger  thac  the  poficivity  of  two  Witneffes  that  do  af- 
firm, may  do  to  the  right  of  a  caufe  ;  for  if  two  in  number  afferc  upon  oath  whan 
muftftand,  and  the  Judge  muft  accordingly  judge  upon  •  then  induftry  to  fcekout, 
and  influence  to  perfwade  for  love,  compel  by  fear,  or  bribe  by  reward,  may  do  what 
it  pleafes  with  two.that  it  may  find  out  for  its  purpofe: Which  done,be  the  Judge  never 
fo  leirned  &  juft^yet  by  the.Civil-Law,he  is  fuppofed  by  our  text  to  giveSentence  accor- 
ding to  theiulnefs  and  pofitivenefs  of  theEvidence^  which  though  it  be  a  rea/oi  urg  sble 
againft  any  thing ,  which  is  mortal  and  mutable  -,  yet  is  thought  by  our  Chancellour  art 

X  x  Argoi 


154.  A Commentary  upon  Fortescue. 

Argument  of  ftrength  here,  when  the  Text  fays,  teftesproduiere  dtbet  qttes  iffmtt  ad 
libitum  f»um  uomntkit ;  which  advantage  given  to  the  Aftor  in  a  Caufe,  is  fo  great  a 
favour  to  him,  thatifhcbenot/V/oWf/f,  and  defert  himfelf,  lie  cannot  butfucceedin 
bis  caufe.  Now  this  wanting  to  oncs4"elf,as  here  'tis  brought  in,  isfaidtobc  ob  cxilit*- 
urn  potent  it,  that  is,  by  want  of  wit,  and  inaptnefs  to  bufinefs ;  which  is  a  fenfc  Pliny 
puts  on  exilis,  whenheoppofesp/rxi*«toit,  makiugit  thcabfence 
Epift  II4  of  what  is  vivid,  vigorous,  and  mafculine  :  fo  txilis  aper  grid/is 

cie.  x.  De  Divinat.  4*.  ($■  mAle  faginatm  in  Varro  }  exilis  copid  ;  and  genu*  ferments  exile, 

CkT  ne' r'nibus1'  *"  *ridum,ficc*m,cui opponitur  liauidumju/um.pr.fluens,  and  exile  fo~ 

1  dc  o.itoft  17.  "  lum  &  exilia  dtcere  de  virtue,  which  arifes  from  cither  a  natural 

cic.  1.  De  ic(e  A|ur.  defe&.or  a  defuetude  and  ftupor  of  nature  that  makes  men  impati- 

ent to  be  troubled  with  bufinefs,  and  unhappy  in  it.  They  being  as 
much  to  feck  ot  wifdom  to  manage  it,  as  the  Pfylli,  a  people  of  Jn- 
to&rTTjSS? '"*""""  "  m  rm    **,  are  mopifh  and  fuperfUtioufly  ignorant,**,  becaufe  the  South- 
Sibeliico*.  W  ♦.  c.  ».  -wind  is  harmful  to  them,    go  to  war  with  the  South  wind  .    or  the 

a.  GciUs,  O.  i.  c  n.  Thracians,  who  when  they  fee  their  Govtmtur  make  many  high  Lad- 

Theattum  v.Humao*.  ders, pretending  to  mount  up  by  thent  to  Juno,  and  bifore  her  to  accufe 

voluaaj.  /ifc  1.  f.tit.  them  of  contumacy  and  ft  ubbornefs  ,    hereupon    thij  are  fo  terrified, 

that  prefently  they  do  whatsoever  they  are  commanded  to  do.  This  cafi- 
nefs  of  reach,  and  foftnefs  and indigeftion  of  reafon  in  the  mind,  will  make  a  man 
key-cold  to  aftion.  And  fo  may  Mimritas  Induftriu,  (  as  I  may  fo  turn  the  Cbancel- 
lour's  word?)  make  a  man  not  improve  what  he  may  to  the  uttermoft ;  whereas  indu- 
firy  has  a  notable  effeft  ,and  almolt  an  ommpotentiality  attending  ir,which  I  have  in  part 
heretofore  rtiewed  in  the  Notes  on  the  eighth  Chapter,/*.  144,  145.  and  will  further 
in  fundry  presidents,  wherein  Indufirj  has  ferved  men  to  high  and  fortunate  purpofesj 
not  onely  as  it  is  T?,  that  which  makes  men  crafty  to  lye  in  Wait,  but  bold  a*  hunters, 
are.to  venture  on  the  greateft  defgn  they  have  a  mind  to  •,  whicb  Rabbi  David  gloffes 
onthewordsofZ)<jv»^  Pfal.  19.14.  Prohbueris  ne  deinduftriapicctm  ;  but  as  it  is 
^r1,  that  which  is  the  Net  that  encompaffci  whatever  we  have  a  mind  to,  and  the 
m,'J'  girdfe'under  which  we,  bring  all  our  aims  ■,  yea,  that  "W3,  which  makes  us  enjoy  what 

we  obtain  with  the  good-wilrol  all  men,  who  account  it  rightly  placed,  and  us  not  un- 
worthy of  it.     Thisis  theinduftry  o(  Proiidcn:e,  that  fttikcs  wf  lie  the  iron  is  hot,  and 
the  fpirits  warm  j  and  that  by  providing  for  a  fore-  feen  evil  day,  makes  tfce  evil  ©fit 
******  abortive,  and  condu&s  the  havers  of  it  into  their  Meridian     Fulgofus  tells  us  of  a  no- 

table young  Bon  that  was  a  pregnant  fpirit,  and  thought  nothing  too  good  for  h*m- 
felf-,  who  one  day  came  to  Alfknfus  the  eighth  of  Caftile,  to  ask  of  him  the  govern- 
ment oiToledo ;  the  King  looking  upon  thu  Youth,  as  unmeet  for  fuch  a  charge  and 
truft,  refuted  his  requeft :  But  the  young  Gallant  would  have  no  denial,  but  perfifted 
in  aflertion  of  himfelf  to  a  kind  of  courtlels  impertinsney  .celling  the  King,  That  hefaw 
many  young  Nobles  about  him,  who  becaufc  the) were  his  Companions  in  play,  were  alfo 
made  happy  by  him  when  he  Wat  in  eameft  in  a  Throne;  and  that  he  found  in  himfelf  great 
excitations  to  brave  aUions,  which  he  de  fired  to  exprefs  in  hisfervice,  if  he  might  be  honou- 
red by  a  truft  and  command  therein.  Which  Alphcn'us  hearing  fo  boldly  and  fo  bravely 
uttered,  granted  his  requeft,  and  a  brave  man  he  proved,  fellow  to  any  his  Contempo- 
raries. The  like  is  reported  of  Hann.bal,  whofe  induftry  wot  fuch,  that  though  he  were 
!^«irfW  m**1  Jears  m  *n  E"emiet  Countrey  with  an  Army  of  men  of  different  Nations,  Language, 

Habit,  Manners,  who  were  differently  religion  d,  armd,  addttled;  yet  fo  did  he  unite 
them  to  him,  and  to  one  another ,  bythejuftice^ndftriclnefsofhisDifcipline,  and  the  in- 
duftry he  exprejfed  in  circumfpettion,  that  in  the  utmoji  firaights  of  War, he  never  Was  dif- 
quieted  with  Sedition.  So  that  by  this  it  appears,  that  induftry  and  diligence  in  bufinefs, 
has  fo  much  oftheplenarty  of  Worldly  felicity  entailed  to  it,  as  God  permittee!) ;  and 
that  nothing  in  ordinary  to  the  effedion  of  extern  means,  is  retrained  from  being  the 
Trophy  of  its  Conqueft,  and  the  facrificc  ot  its  vigilance.  Which  emphatizes  the 
Chancellour's  Argument  to  the  end  keprolated  it  v  tor  hnct  i#d?.ftrj  is  thus  prevalent 
to  good  and  to  evil,  as  is  evident  in  the  examples  of  both ,  in  which  ,  efpecially  the 
latter  and  worft  of  them  it  is  more  frequently  and  indefatigably  cxprefTed  ;  witnefs 
1  Pet.  j.  t.  Satan,  who  is  faid  to  go  about  lilej  a  rearing  Lion,feckjng  whom  he  may  devour-,  and  wicked 

M.«ah  7. }.         mcn  ^  £miQari,tt  „„o  Wirk  iniquity  with  both  hands,  whofe  feet  are  fwift  to /led  blood, 

and 


A  Commentary  upon  Fortes  cue.  1ft 

and  who  defign  mi f chief on  their  beds,  to  whom  wickednefs  is  pleafure.     1  fay,    fince  thus  it 
is;    whothatisinduftrioufly  wicked,  and  wittily  induttrious,  can   mifs   of  what  he 
aims  at,  as  it  falls  under  an  Earthly  notion,  and   is  the  confe&ary  of  prudent  endea- 
vour,    lor  as  By  this  in  good  things,  Augnftus  evicted  Salvide nus,  Lepidus,  Mure na,  vWes.ni>  u   tie 
Capio,  Igmtius,  and  even  Cinna  himfelf,  whom  when  he  had  in  his  power,  he  fo  rea-  c?foc*£u' &  i 
fon'd  out  of  his  enmity , and  laid  his  offence  fo  home  to  him,  jhat  Cinna  was  afhamed  of  D' cot  '3- 
his  infolence  •,  and  having  all  his  Lands  and  Honours  confirmed  on  him,  ever  after  lived 
a  moft  loyal  Subject  to  his  Prince:     Nor  did  Augufitu  repent  the  prudence   he  thus 
fruitfully  exprcfled,  becaufe  never  after  he  had  any  trouble  from  any  he  had  condona- 
ted.      That  look  as  Mentor  Rhedins  Admiral  of  Afia   ( by  fending  Hermias  the  Ater- 
nenfian  Tyrant &fuhi\\  Meffage,  by  the  belief  of  which  he  was  cogg'd  into  his  power ; 
vihomMentor  being  once  poffeffed  of,fo  prevailed  upon  by  fear  &  fallacie  induftrioufly      < 
applyed  to  him,  that  he  got  his  Signet,  and  then  wroce  Letters  to  the  feveral    Towns, 
that  Hermiat  had  entred  upon,  and  for  him  were  held,  figning  them  with  his  Seal ; 
whereby  he  ( without  bloud )  gained  delivery  of  all  his  Matters  lofles,  with  his  Enemy 
alfo:  and  all  this  Biodorus  fays  he  did,  by  the  prudence  and  luduflrj  of  a  Warlike  Soul,  £*.  u.  BiMio; 
Vphich  preferred  fecure  Policy  ,before  dubious  War,  and  fubdolous  ftratagem  to  manly  th,c- 
encounter.    As  he,  I  fay ,  did  do  this  great  fervice  to  his  Matter,  by  induftry,  in  know- 
ledge of  Hermits  his  humour  and  weaknefs,and  accordingly  thereto  framed  his  appli- 
cations :  fo  may  any  man  of  power  and  diligence,  wind  himfelf  into  either  an  admirer  of 
his  parts,or  a  fearer  of  his  power,  or  a  flatterer  to  his  favour,or  a  vaffalto  hispurfc.and 
them  makes  his  fervants  to  any  pleafure  he  will  command  them.     For  men  are  to  the 
foveraignties  of  love  fear  and  advantage,  fuchVaffals;  that  they  make  rendition  of 
their  integrity  to  them,  as  readily  as  the  World  did  to  Alexander,  whom  m  Enemy  en-  &■*'«*»  M^>ti: 
countered  with  (  faith  Diodorus )  whom  he  overcame  not -,  noCity  befteged  he,  Vthich  he 
tarryedntt;  no  Nation  came  he  near,  which  he  vittor'd  net :     Which  1  do  not  mention, 
as  onely  the  extraordinary  pleafure  of  God  to  have  it  fo,  as  it  is  evincible  infundry 
cafes:     but  as   it  feems   to  be  the  confedtary  of  Martial  Prudence,  and  attivewif- 
dom  ;  which  Probus  methlnks  puts  out  in  a  notable  example  of  one  who  was  ever  in  the  Ia  v;ta  /ahiwa- 
head  tf  his  armed  men  ;  and  as  he  attempted  no  great  thing  without  them  :  fo  did  he  no  grie-  tis. 
vous  thing  bj  them.  AM  his  enter  prtfes  had  the  baUafi  ofctunfel ;  and  becaufe  they  were  once 
well  done,  as  thy  needed  not  to  be  repented  of;  fo  did  they  not  mifs  of  his  end,  which  was  ei- 
ther u  reform  what  was  amifs,  or  to  introduce  what  was  expedient.     In  consideration  of 
all  which,  fuppofingmen  be  knowing,  andwillbea&ive,  what  may  they  not  accora* 
plifh}  and  efpecially  in  teftiraonics,  where  if  they  go  by  number,  they  may  be  fo  con- 
trary to  truth,  as  nothing  more  can  be.    For  Witneffes  a  man  may  find  enough  ■,  and 
if  they  be  confeientia  &  virtute  vacuos,  they  will  depofe  any  thing  they  arecajouledto 
depofe.     For  Confcience  is  that  fweet  noted  Syren  ;  that    makes  a 
man  have  all  delight,  while  it  witneffes  integrity  and  clearnefs  ;  'tit 

that  which  is    jpm  iir  /Siok  tzcCtv,  which  will  render  4  man  bold     Tp   fjuinv  ufinu  yxo  iv-fg   rS 
andfearlefs  •  free  in  captivity,  joyful  in  forrow .abundant  in  want,     QlZ  */i*h,«*  w,  AV,  iJivhu  ™\- 
glorious  in  rags  •,    'tii  that ,  which  when  good,  is  a  continual  feaft,    X*  lxH-    Antiphon^W  Sto- 
which  holy  men  have  rejoyced  in,  and  evil  men  onely  made  fhip-    bseum,  Strm.  106. p.  350.' 
wrack  of.     The  excellency  ofa  good  Confcience  is  known  by  its 
companions,  Faith andCharity,  l  Tim.  I.  v.  y.  and  19.  andr.2. 

v.9.  by  thettudySt.PWexprefiedtokeepit,  Att.14.16.  and  the  ufe  he  made  of  it,  ; 

and  the  defence  he  had  by  it,  i  Pet.  c.  3 .  v .  1 6.  &  2 1 .    Indeed,   what  a  good  Confci- 
ence is,thc  contrary  can  tell  •,  for  a  bad  Confcience  is,  ifdiiyy^v 

■mm(»r,  as  Gregory  Niffe  n  cxpreflcs  it  •   and  Philo,  that  every  evil     Ty  ivJbr   livi*    fii&riifia  ■**■( 
man  it  condemned  by  his  evil  Confcience.  And  when  truthis  not  re-     dn>ar  *ai  «■«!«/.  Stob./w.  precit. 
garded,  which  God  fo  highly  values ,  that  he  calls  himfelf  a  God  of    pfal.  1 1 7. 1  .plulo  lib.De  onfuf. 
truth:  and  his  Son  calls  himfelf  the  truth,  and  fays  of  truth,  thatit     John  14.  6.  Linguaruny.337. 
jhall  make  his  free-,  that  it  it ;tht  means  of their  fanttification ;  That     fuhnS.  $2. 
it  is  a  fruit  of  the  Hely  Spirit.    If truth  be  a  Denizen  of  Heaven,  and     fohn  17.17. 
a  Fellow-Commoner  with  God  at  the  Mefs  of  Eternity }  and  if  the    'aahSw*    3*£r  'tftimtie '  fdm 
rewardofitbe^^^xf"/-^  *)  ««JW,  as  Epittetus  fays,  If  God    3*o7f  nt  fi*t\Ztwn.  Olympias 
lives  truth  inthe  inw.trd  parts,  andVoill  be  ferVed  of  thofe  that  draw     apudStobx\in\,  Serm.59.    ' 
n~.J.r  unto  himinffirit  and  in  truth  :Thcn,Tthen,to  be  void  of  truth, 

Xn  to 


if  6  A  Commentary  upon  Fortes  cue. 

to  have  that  kept  from  its  office  in  informing  Confcience,  and  fo  keeping  a  man  free 
from  the  great  offence,  is  to  lye  open  to  all  mifchief-,  'tis  to  be  beautilcfs,  and  without 
all  form  of  virtue.!  hus  the  Earth  is  faid  to  be  without  form,  and  void,t7™.  i.  Tlius  the 

pio»77.  wanton  young  manisfaid  to  be  dtficiens  c'orde  3  7  '^P1?,  which  our  Tranflators  ren- 

der vtid  of  underfianding  ;  yea,  and  void  has  a  fenfe  oiperipiing  and  adnuliing.  Dent.  ?  2. 

ju'tjir1*'      28.     It  if  4  Nation  voidofcounfel;  the  word   is  ~^»,periensconfiliis  j  and  thus  the 
Lawyers  ufie  the  word,  making  void,  for  nulling,  canceling,  unfading,  undoing. 

So  that  when  our  Text  fays,  etnfeientia  &  veriute  vacua,  it  intends  fuch  profli- 
gatenels  and  debauchery  of  foul,  as  hasnotinfturcofGod,  no  grain  of  rcflraint  to 
the  utmoft  degree  of  vildnefs  ^  no  not  tofuchameafure  of  impiety,  as  the  Apoftlecalls 
werlejng  iniquity  with  greedineft r -,  infomuch,  as  what  God  fays  of  Ifrael  tumid  into  the 
degenerate  Plant  ofajtrange  Vine  unto  him,  Jer.  2.  2.  and  is  expounded  by  the  Prophet 
Hi/win  the  10.  of  bis  Prophetic  and  the  firft,tebean  empty  vine,  is  but  what  this 
paflage  imports,  in  thofephrafes  of  detraction  and  abatement,  tonfeientia  &  vtritati 
emm  vacms,  &  is  what  the  Wife- man  fays  of  the  lewd  y{omm,She  forfakts  the  guide  of 
her  y»uth,andfergets  the  Covenant  of  her  Ged,  that  is,  fhe  is  asvild,  as  voidnefs  of  truth 
andconfeience  to  God  and  man  can  render  her. 

Vt  titnore ,  amir  t ,  vel  eommedo ,  cmni  velint  cent r  aire  veritati. 

This  follows  upon  the  former  vacuity,  when  God  is  not  in  the  terrours  of  Confcience, 
and  in  the  conviction  and  light  of  truth  in  all  a  man's  thoughts,  then  he  lies  fit  for  all 
occupants,  and  hangs  out  a  bufli,  to  toal  in  all  comers  ■,  vice  as  well  as  nature,in  a  fenfe, 
endures  no  vacuity  Hence  is  it,that  it  fays  to  God,T>epartfrom  tts.We  defire  not  the  know- 
job  »i.  t4.        it Age  0ftfjj  £aw  .  jjUt  j  t  complements  Satan  and  his  Creatures  in,  and  bids  them  wel- 
come.    Thofe  Lovers,  it  has  ftrewed  its  bed  with  Rofcs  to  entertain  ;   ar.d  all  this  is 
done,  to  gratifie  the  combination  he  is  head  of  againft  truth:     Truth    is   the  Queens 
Daughter.all  glorious  within  ■,  and  he  onely  delights  in  her  whofe  (he  island  "Who  onely 
*?ntr™'m,ui!  ^D0WS  throughly  w^at  *he  is.    And  fo  far  are  onely  men  aimers  at,  and  profecuters  of 
r»"si^flu7Vtr"  her,  as  they  are  partakers  of  defecated  reafon.     The  Soul  while  it  fits  at  home  rontem- 
Mtdui.  moot,  plating  truth,  it  feeds  on  Mannah  Cceleftial  Viands,  but  when  once  it  wanders  abroad, 
and  will  find  truth,  where  God  hath  not  bid  man  to  feek  it,    nor  promifed  he  (hall  find 
it;  then  there  is  danger  of  Dinah't  misfortune  amongft  the  Daughters  of  the  Land,  In- 
nocence and  Integrity  have  no  Mines  and  Snares  fo  corruptive  and  ruinous  to  it-  as 
fear  of  power,  love  of  favour,  hope  and  defire  of  profit :  thefe  are  in  moft  the  price  of 
confcience,  and  truth  withthero. 

Fear,  'tis  a  fruit  of  fin  ;  and  therefore  the  fear  of  man  is  a  fnare ,  becaufe  the  fear  of 

God  is  not  made  the  guard:  he  that  has  commanded  not  to  fear  manjvhoft  breath  is  in  his 

nofirils,  has  dictated,  why  he  dehorts  there-  from,  becau  fe  fuch  fear  hath  a  fnare,  and 

a  [it  attending  it  -3  'tis  timor  abforptknis  nm  cautienis  -,  'tisa  fear  that  difablcs  to  oppofi- 

tion,  and  leads  man  a  captive  to  all  mifchief,    ^^.48.  43.    This  was  .A/mJ's  fear . 

Mitths.is.        timer  exantlationis  i  'tis  zfear  that  makes  men  defperate  to  venture,  and  helpltfc  in  mif- 

carriage :     No ,  fave  us  Mafter  we  ferifi,  when    the  florins  and  winds  engage  thefe 

our  embarquings,  Chriftis  not  a  friend  at  hand  in  this  trouble.     And   therefore  no 

^JIuiu'tV*'  wondcr  ^  ba^ /'*r  wrought  fo  on  the  Cardinals,  when  Pope  fuliusfecundus  flood 

to  be  Pope,  that  they  knowing  him  to  be  a  bold  and  daring  fpirited  man,  and  impatient 

piatinj  i»  viu  >    to  be  croffed,  were  fo  awed  by  him,  that  they  durft  not  but  choofe  him  Pope,  becaufe 

J«i»  '•  they  confulted  more  how  to  wave  his  difpleafure  and  purchafe  his  favour, then  difcharge 

0  mm#i  u  Mf.  a  good  confcience. 

fttitm  bpiu  an  Amore~\  Love  that's  the  next  fury  ,  a  pafllon,like  the  A  pples  ofS'dom  ;  if  good,verj 
Z'tZ^ZZ  £md  i  *fM,  virJ  M-  When  its  by  a  kind  of  Miracle  from  Water  become  Wine  •,  by  a 
utt^uc  fUn»,  t.,  prepotency  of  Reafon  and  Religion,reduced  and  bounded  :  then  'tis  like  the  precious 
«Wr.^«,/.  spicknard,  which  Mary  Magdalen  anointed  our  Lord's  head  with,  odoriferous,  very 

vidctni.  Salvia-      *ni  ,         ...  J.         o.  ,  .     .  '  .•■.-/. 

nm.Lii.  "  coltly  and  amiable :  no  ingenuity  and  ax^  of  Art  or  Nature,  but  fuperlatizeth  it  fclf 
by  the  touch  and  tincture  of  this  -,  it  is  the  rapfody  of  all  transports  •  and  if  the  magne- 
TJ  pali/iS^  .  tiques  and  cabaliilique-Charms  of  Nature  be  any  where,  'ris  here  in  love.  The  love 
f*t  Tnieat  of  every  man  is  his  weight ,  that  he  is  that  he  loves  :  there  is  a  fixed  truth  in  the 
PioVlf.  Eu-  J»««  fiction,  theVoonwillforfakeherOrbtokifs  her  Ettdymicn.  .  Thus  Circean is 
rypid.  in  love,  that  it  leads  Creatures  madding,  without  Reafon  or  Religion  -t  which  caufes, 
Antigone.  the 


A  Commentary  upon  Forte  scue.  277 

the  Holy  Ghoft  to  cry  to  us  by  the  Wife-man,  Omni  cuflodia-,  Keep       Frov.4. 23. 
thy  heart  (the  fountain  of  love  )  with  all  diligence  ;  hr  e/tt  of  it  are    vHf  a><  <&  iriV  attoyir*  mif  tm- 
theifues  of  life  and  death.    And  becaufelove,  which  wayfoeverit     3u^«'*{  C-mf  /3oaA.   Theophraftus 
byaffes,  is  fo  potent  ■,  therefore  St.  /W  when  he  recounts  what  a     apud  Stobacum,  Ser.i$$.p.6l6. 
Chriftian  fhould  do  for  Chrift,  who  has  done  fo  much  for    him, 
mentions  this  as  the  motive,  The  Uve  of  Chrift  cenfiraineth  :  no         2  Or.  5.  14. 
influercc  of  the  Pleyades  is  fo  fweet  and  fo  effectual  as  love  ■,  it  has  a 
magnetite,  that  whenit  relates  to  art,  will  perfwadc  an  Eudoxtu  to  be  a  MathemU- 
tiaut  Martyr ,  and  pafs  his  life  away  to  the  Suns  flames  j  fo  he  may  purchafe  the  dimett- 
fiens  of  tbv.  fiery  body  Sor  the benefit  of  Pofterity  ^  andwhenitis  fet on worfe objects, 
'tis  as  heroique  and  impetuous.    For  which  caufe  our  Lord  leaves  no    Antidote  more  x  j0j,,t-Ij, 
commended  to  bis  followers,  then  that  Amulet  againft  love  of  the  World ;  becaufe 
there  is  danger  any  love  rival  with  Chrift,  will  be  prevalent  againft  the  love  of  Chrift  in 
us:     Chritt  is  {piritual,  and  weare  carnal  ;  Chrift  is  holy,  and  we  are  wholly  averfe 
to  it:  ardbecaufc  Amor  efl  inter  pares,&  tjuictjuidimpar  dijfidet ;  therefore  Chrift,  ' 
and  the  World,   and  our  felves,  cannot  be  Coparceners  in  love  :  Love,like  the  Rain- 
bow in  the  ftorm,  is  nothing  but  every  thing .  fave  what  it  fhould  be  :    \is  David, 
white  and  ruddy,  the  Viftor  of  Goliah :  But  the  Viftory  of  Bathfheba,  which  I  note, 
to  uftier  in  the  fpecifique  Worm,    that  corrodes' and  eats  out  the  vitals  of  pure  love  •, 
thi<  World  and  theluftsofit.     This  then  ftronger  then  deith,  becaufe  it  carryes  men 
beyond  the  fears  of  death,  to  gratifie  the  ple:tfures  of  fenfe  ,*  being  the  naift  beiore  Sa- 
lomon's eyes,  that  he  could  not  fee  what  his  amorous  wander  after  knowledge  would 
penitentially  coft  him  ,  is  that  in  which  every  man  almoft  roifcarries :  as  'tis  that  1  ogg 
and  Gloom,   in  which  neither  Sun  o.  Moon  ,   or  Star  of  Religion  or  Reafon  is  vi- 
able. *  .'  .  •  s 

Vtl  commdo  ~]  This  is  the  third  Trajtcr  to  Integrity,  and  a  terrible  one  'tis  too ; 
the  Poet  could  tell  us  fo,  M»nera,ertde  mih:,capiunl 'hommefejue  deofque  •  the  prevalence 
of  this  with  moft  men,  made  Satan  apply  it  to  our  LORD;  though  as  fubtil  as  he 
was,  he  miffed  his  aim  :  Lor  the  Prince  of  the  World  had  nothing  in  him  ■,  there  was 
no  foul  or  faculty  in  him  feducible  ■  no  luft  of  the  flefh,  no  luft  of  the  eye,  no  pride  of 
life  to  gratifie :  he  was  all  pare,  h^was  altogether  finlefs  -,  which  if  he  had  not  been, 
Satan  would  have  tryed  him  with  an  Omnia  hac  tibi  daba.  This, 
this  advantage  is  the  bait  to  every  fin  ;  it  feduces  the  Prieft  from  his  . 

zeal,  the  States- man  from  his  integrity,  the  Souldier  from  his  ho-     *",na'"Afl,s- 
nour,  the  Lady  from  her  modefty,    the  Servant  from  his  fidelity  :     Gati\o.uiM.iemp  'fys  John, 
'tis  the  great  Apollyon of  Souls  :     th:s  made  Banker  betray  his    ■»»«*»*.**».*«•«  i*unu. 
Matter  the  Duke  of  Buckingham,   in  R.  3.  his  time.   Thismadcthe    HoiingBwd.f .  7*4. 
Wife-roan  call  f/tf/ow  of 'money,  the  root  of  all  evii.     Oh  1  the  trea- 
chery of  rewards !  it  has  blinded  the  eyes  of  the  Judge,  and  hard  ned  the  heart  of  the 
Father,  and  rebellioufly  lifted  up  the  horn  of  the  Son,  and  heighrned  the  ambition  of 
the  Servant :  yea,  it  hath  made  the  Philofopher  a  mercenary,  and  the  ThreaSurour  Apt* 
SlleiTrajtour:  and  therefore  Sever  us  that  loved  money  fo  well ,    that  the  H  florian  xiphil.  •'»  Kpi- 
(ays,  "xjr*uM.vsn<  ii;Zmrn{  tjow,    &c.    Though  he  gathered  money  from  every  Projeil  ,  tom-  o<°>"». 
and  loved  to  have  a  full  Chequer  -,  yet  he  never  fpilt  blond,    or  put  any  man  to  death  to  get  's'JJb*'  ' 
momybjit.    Which  confidcred,    our  Chancellour  has  well  accented  rhe  contraition  to 
truth,  to  depend  on  the  fcduction  of  thefe,or  fome  of  them.And  the  rather  .becaufe  not 
onely  the  feduced's  own  foul  may  be  endangered  by  it, but  even  the  fouls  of  othcrs,who 
by  theopprtflionof  this  may  become  defperate  •,.  tor  the  Law  being,  that  the  teftimony 
oftwomuftftand,    Hospotefi  tunc  iff e  producer  e  in  hfiimenio  in  can  fa  fua,  fays  the 
Text.      v 

Hos psteft  tunc  ipfe  in  tefl'monio  productrt  in caufafua. 

*Tis  not  faid  hts  debet,  but  potefi,-  becaufe  that  he  dees  difcredit  his  eau fe  -,  by  fuch 
inidoneous  Witneffes  is  his  own  folly , and  hm  caufes  loli  :  the  Law-  Civil  is  not  hereby 
chargable  with  ncgleft  of  juftice  ■,  for  as  by  that,  they  that  are  blemiihed,  are  unenpa- 
ble  to  give  teftimony ;  fo  by  that  the  Judge  is  allowed  to  rcfufc  it :  that  teftimonies 

are 


Digeft. 

10(1. 


Lit.  %i.   Tit.   J.    y*j.    iols, 


Jjt.  4-  De  Cojnitionibui 
DigeltXonTroirto. 

ThoVofiinus.  Zj*.   41. 
f.  loji.   D*  Teftibus 


Oigeft.  Xjt.ii.  Ti'/.s./.  i»lj.  B.  Rubr. 
Digtft.  i<'*.  »•  I*.  »•  A.  B.  in  Mai(-f  .37S 


Digeft.  Lit.it.  Tit.  s.f.*ottiltfi  inimi 

cm. 

%  Lit.  U.  Tit.  I. p.  IiJI.  ff.  B. 


158         -^  Commentary  wpon  Fortescue. 

are  accounted,  as  their  perfons  are  that  give  them,  is  plain  by  that 
W.i.    B.eg«Iarum.  Hi  Modefttnus :    In  teftimtniis  autem  digr.itas,  fides,  mores,gravitas, 

examinanda  eft,&  ideo  tefles,qni  adverfus  fidemftuttftalionis  vacil- 
lant,  andiendt  mnfunt.hni  Califtratustfler  he  has  notably  told  the 
.qualifications ot  apt Witneffes,  concludes,    Nam  ft  care o.t  fnfpickne 
tefl  intern  um,vc  I  propter  perfonam  a  qua  fertur,  quod  hint ft a  fit ■,  vtl 
propter  canfam,qnod  ntque  Inert  neque  gratis.  ntque  immicitit  canfa 
fit,  admittendum  eft.     And  that  there  are  many  Caufes  that  do  in- 
t.  is  an.  4.  j.  «.     val  idate  teftimonics,TiWeJ]'<»».has  to  my  hand  collected. To  whom  I 
refer   the  Reader  -,  which  clears  the  Civil- Law  from  admitting 
teftimonies,  qua.  fucb,  without  consideration  of  the  perfons,  and 
cifcumltancesoftheDcpofersofthem:  yet  further,  as  the  Text  is  thus  clear;  fo  the 
Judges  ofthat  Law  are  required  to  fee  to  WitnefTes,  that  they  be  ftanch,  and  their 
teftimonies  clear  and  pregnant,     lor  Bartclut  writes  on  the  Texts 
pre-mentioned  this,  Nota  qttodpitefiatejndic.it  conccditur  ttrrm  de- 
beat  adhiberi  fides tefti  vtl  non  •,   and  Judex  potesl  r'efrtnare  uterus- 
rum  teftium ■■,  for  though  the  Judge  cannot  arbitrari  in  determinatis 
*  leie ,  yet    can  *lc  °Y  c^e  *-aw  judge  of  teftimonies  ;  an  fides  ei 
fit  adhtbendajudicis  maudatur  officio,ii\th  the  glofs :  and  in  matters 
of  Fid,  n  the  Judge  may  not  admit  impertinent  Article*:   So  that 
all  things  confidcred,  I  do  not  underftand  our  Chancellour's  mean- 
ing, to*mpcach  the  Civil-Law  of  any  defeft  -,   but  to  commend  the  Common.  Law  , 
which  to  that  way  of  proof  by  WitnefTes  which  it  allows  alfo,  fuperadds  the  tryal  of  Ju- 
nes as  a  remedy,  if  any  fubornation  of  Witneffes  fhould  be  •,  which  becaufe  'tis  eafier 
done  with  two  WitnefTes  alone ,  then  with  them  and  i  a  Jury -men,   which  are,  and 
ought  to  be  men  of  fortunes  and  integrity,  when  WitnefTes  arc  not  required  tobefo 
ftnftly  fuch.  The  Chancellour  applauds  the  way  of  tryal  in  England,  upon  this  confede- 
ration,  that  it  is  lefs  probable  to  be  tortuous,  then  that  of  bare  WitnefTes  is.      Con- 
cerning the  ftoutnefs  of  Juries,  in  keeping  ctofc  to  their  Evidence  in  point  of  Fad,  and 
not  to  be  tempted  or  threatned  there-from ,  fee    the   carriage  of  Sir  Nicholas  Throg- 
mcrttn's  Jury,  primo  Queen  Mary :  And  by  reafon  of  the  fufficiency  of  the  Jurors  re- 
turned, and  the  penalty  in  their  corruption ,  there  is  (I  dare  fay)  lefs  errourinju- 
ftice  with  us  in  England,  then  in  any  part  of  the  World  :    yea,  our  Jufticcs  being  fuch 
learned  and  grave  Gentlemen,  as  they  everhave  been,   and  are,  do  fo  rightly  inform 
Juries,  in  the  right  method  of  digefling  their  Evidence,  that  a  nobler  and  braver  tryal 
Note  this.       can  no  man  defire,  then  by  a  Jury  of  twelve  men,  Good  men  4nd  true. 

Et  ft  contra  ecs  pars  altera  dicer e  velit>  vel  contra  eorum  diUa,  &c. 

This  is  added,  to  fhew  that  every  Aftion  confifts  of  two  Parties ;  and  as  it  is  the  Af- 
firmants.or  Libellers  part.to  impeach-  fo  the  Libelleds,  or  Defendants, to  juftifiethem- 
felves  againft  it.  This  the  Text  calls  in  the  Defendant,  or  Opponent,  contra  ees  dicere, 
a  crimination  of  their  perfons ;  or  contra  eerttm  dilla,  an  impeachment  of  their  Evi- 
dence. For  as  the  Law  does  not  allow  an  infamous  perfon  to  bear  witnefs  ■,  fo  not  his 
witnefs  to  be  believed,  but  excepted  againft  ,  if  he  be  rationally  prefumed  not  to  be 
upright  in  it :  onely  that  which  feems  hard ,  is,  Noufemper  eontinget  eos  corttm  mores , 
ant  facia  apudctntraiicere  volentem  agnofci,  p.t  ex  eorum  f adit  ate,  &  vitis  ttflcs  illi  pof. 
Juntreprcbari.  'Tis  true  indeed,  it  were  to  be  wifhed,  that  WitnefTes  might  be  en- 
quired into,  what  fafhion  they  are  of,  and  where  they  live,  and  how  they  behave 
themfelves,  before  their  teftimony  pafs  in  a  Court  of  Law.  It  were  alfo  to  be  wifhed, 
that  mens  hearts  were  fo  far  knowable  •  that  the  fruits  of  them,  in  the  fardity  of  their 
aftions,  and  the  contagion  of  their  practice,  might  be  publique  and  they  not  pafs  for 
Cato's,  who  are  Nero's-,  nor  for  Saints,  who  are  Devils :  but  that  not  being  poffi- 
blc,  nor  any  humane  Law  ufurping  cognizance  of  the  good  or  evil  intent  of  men,  but 
as  they  are  manifefted  and.vifibilitatcd  in  the  praftice.  How  are  the  Civil-Laws  to  be 
blam'd,  which  when  it  appears,  do  provide  againft  it,  and  by  reafon  thereof,  account 
thte  teftimony  weakned  in  a  great  meafure.  For  though  the  Judge  cannot  arbitrate  in 
the  pofitive  Rule  of  Law  i  nor  in  a  civil  Caufe,  deny  the  affirmatives  of  two  WitnefTes 

that 


HolingfhcJ, 
p.nos.  &  Seq- 


if  Commentary  upn  Fortes  cue.  250 

that  plenarily  fwear :    yet  may  he  defer  Sentence,  till  the  party 

oppreffed  by  falfe  WitnefTes,  may  find fome  expedient,  cither  to     ^r«w««*«»,H«;«* 
difable  the  tefhmony  •,  or  the  Judge  feeing  the  perverlneis  of  the    fene„_  juli*nus<  ^.fl.  m.  7.  r.«.  i. 
Profecutor'send,perfwade  them  to  agreement-  which  is  fomwhat  of    /.  its.  <vrextu.  c. 
probability  to  the  tffcdion  of  reparation  to  the  injured,  and  difap-    0ffrim  a,MfltmftY  Advirrarii  fui  pumim 
pomtmentto  theinjurer ,  though  it  be  not  fuch  a  curb,  as  that  in     «»»««««.  jxpit.  in.  i.  r*.  it.   ». 
tryal  by  Juries  is.     lor  there,  though   pofitive   Evidence  is  the    mX"u 
trump  that  ruffs  all  before  it  •    yet  that  pofitive  teftimony  is  fcan- 
nable  ,  and  having  fo  many  eyes  upon  it,  may  have  a  hole  picked  in  the  coat  of  it  5  and 
though  thejury  cannot  take  notice  of  a  negative  oath,to  ballancc  an  affirmative-yet  they 
may  fee  fuch  caufe  of  doubting  the  dearnefsand  veracity  of  fuch  affirmatives,  and  they 
may  hear  truth,  denying  the  charge  againfi:  it  by  fuch  circumftanccs,  as  if  true,  are 
•  inconfiftent  with  the  affirmative  Depofuions.     And  frequent  it  is  with  Juries  to  ver- 
did,  as  they  think  in  their  Confcience,the  truth  of  the  fad  is,  upon  confederation  of 
the  Evidence  on  both  parts  $  and  if  fo  they  do,  they  do    (  as  I  humbly  conceive)  what 
they  ought,     for  they  being  Judges  of  the  Fad:,  are  to  determine  ,  what  their  C  on  - 
fciences  judges  clearly  proved  concerning  the  lad,  and  no  mere:  and  the  Fad  once 
ftatedand  fixed,  the  Sentence  of  Law  is  pronounced  by  the  Judge.  So  that  all  that  hence 
can  be  argued,  is.that  fttll  falfhood  feems  to  be  put  upon  a  harder  task.and  amore  inex- 
tricable labour,  and  to  grapple  wjth  (as  it  were)  an  impoffibility,  which  it  cannot  fo  ea- 
fily  overcome  or  evade,  in  the  evidencing  before  Juftices  and  Juries,  as  before  Judges 
alone  v  where  they  do  but  deal  with  two  WitnefTes,  and.one  Judge,  (  who  are  a  lefs 
number  then  the  Hledors  of  the  Empire  were,  who  yet  by  Richard  Duke  of  Comfy*!/ ', 
were  fo  made  plyable,  that  they  chofc  him  King  of  the  Romans,  who  was  no  German,  Tum  ^ 

and  who  was  onely  Brother  to  our. Henry  the  jQ  ■  which  occafioned  a  Poet  of  that  time  fitUtam  tr'r*. 
to  lay,  jV**»»w.r  ait  pro  me ,  nubit  Comubia  Rom*,)  and  the  work  is  done,  and  the  caufe  !"t^2\lTJ"' 
carryed:  WhereasinourCourtsof  Juttice,where  there  are  3  or  4  Judges,  and  twelve  %H„ZLLm"u, 
Jury-men,  of  fortune,  bloud,  breeding,  and  confeience,  (  for  fuch  the  Law  requires  Wrif.»H.  1.  <U 
tbey  fhould  be,&  fo  often  I  am  fure  they  are)  'tis  a  Hercules  labour  to  attempt  thi^yea,  *"™£ tl57' 
and  *rwil  be  that, by  which  the  attemptor  is  fure  to  be  deceivedifor  if  but  one  honeft  un- 
engaged perfon  be  in  thepanncI,noVerdidcan  be,ahd  fo  no  judgment^which  is  the  rea- 
son that  the  Chancellour  here  reafons  fo  titely  for  Juries,  and  againfi  the  fole  Evidence 
of  two  WitnefTes  ^  for  though  a  Contlave  of  Cardinals  may  be  bribed,  as  platina  con- 
feflcs,  in  the  choice  of  Pope  Alexander  the  fixth  they  were,and  names  Cardinal  S.For- 
tia  for  the  Merchant ;  who  drove  the  bargain  emptns  procnldnbio  frofnfiffima  largitione  ;  ln  *»«  Alexin 
yet  Juries  are  not  fo  to  be  dealt  with,  which  makes  the  credit  of  them  fo  much  in  Eng-  d" '" 
land. 

^nis  tunc  potent  fuorttm  am  [n't  iff***,  f»b  lege  tali  vivertfeenrus  ;  dam  cnilibit  jibi 
inimicari  volenti,  Jex  tali  praftatfubfidium. 

This  is  to  be  underftood  moderately  ;  not  as  if  our  Text  did  make  the  Civil  Laws 
fubfidiary  to  injury  -,  for  that  were  to  cad  an  odium  upon  the  facred  Law  of  the  Em- 
pire, which  fo  great  and  fo  many  Nationshave  in  all  Ages  been  governed  by,  and  as 
ftrenuous  Patrons  as  bjmfelf,  do  defend  to  be  a  very  noble  and  learned  Law,  and  con- 
form in  the  greateft  part  of  it  to  natural  equity.  But  in  that  the  chancellour  fays, 
£luis  tunc  foterit  effe  feenrnr,  &c.  both  in  body  and  fortune ,  when  fuch  may  be  evi- 
<^tei  by  two  WitnefTes  of  diffolute  condition,  who  may  be  Sons  of  Beltal,  and  forfwear 
themfelves,  to  ad  a  malice  againft  him.  Hisfehfeis,  that  to  him  it^  feems  a  greater 
latitude  i>  left  thereby  to  fuch  finlftcr  courfes,  then  in  Englandby  the  Common-Law 
tryalsare.  For  I  take  the  words  not  "to  be  verb.t  approbatoria,  but  trateria  ,  and  to 
have  no  further  intent,  then  to  make  the  Common-Law  more  popular,  and  applicable 
to'general  fecurity,then  he  would  have  the  Civil-Law  accounted.Nor  is  this  thus  inter-  - 
preted  piaculary  in  our  Chancellour ;  confidering,  that  the  Municipe  Law  of  England, 
is  the  Darling  of  the  Nation  ,  and  to  fpeak  well  of  what's  Native,  is  much  she  honour 
of  an  Engli/btjizn;  though  always  it  be  a  generous  man's  quality,  to  praife  what  he 
loves,with  no  reproach  to  what  is  rival  with  it.'at  leaft  with  as  little  reflexion,as  his  fide- 
lity to  what  he  prefers,  permits  hi».    To  fweeten  thtfh  what  has  been  charged,   as 

fome- 


i6o 


>f  Commentary  upon  Fortescue. 


t*r  if  fniMini  frtfuafti:  <fd  pUtm  U 
iffiHum  utint  1,^*1*  fnitntm  \:*it\*r.  We- 
lenbechiui. 

DUtft.  Lii.zx.  T/M.wMarj.;.  i»le| 


LA.  4.  Tit.  l.f.  (01.  t.  rrefnmftirni.fUfi. 
LA.  xl.  Tit. 1.  1  114*.  X.  cmrtrmm  wi 
St.fl. 


Tlipf.  Lil.  4.  7ft.  4.  f.  Jll.  »'•  w«I £/•/<• 
C.  1 1.  Z."  /«{•)■. 


fomwhat  too  fowcr  in  myGreatM*fter,l  humbly  prcmife  this.That 
though  the  Civil  Law  requires  diredt  and  pofitivc  proofs  •,  yet  does 
it  not  reprobate  prefumptions  wholly  s  but  if  they  be  ftrong  and 
forcible,  whereby  the  certainty  of  the  caufe  may  be  illuftrated,  ad- 
mits them  •,  it  being  a  rule  amongft  Civilians ,  A'gumentum  /urn- 
ftum  aprafnmptione  valet ;  undprafumptioni  ftatur  dome  probttnr 
in  contrarium  •,  which  the  glofs  thus  explains ,  That  though  thefe 
prefumptions  do  not  transferre  probationers,  yet  they  do  durius  cne- 
rart  aHorem  probatione  turn  alias  apertiore,  quam  in  civilibns,  &c. 
For  though  prafumptioni  levi  ncn  eft  fltndxm  ,  is  a  rule  w  ith  them : 
yet  where  prefumptions  are  firm  and  violent,  where  they  have 
poize  and  conviftion  ofreafon,thcre  they  are  leading  ;  as  Tholof- 
/anus  has  in  his  48.  Chapter  at  large  made  good;  and  as  Dr.  tvife. 
man  haj  very  foberly  and  folidly  on  this  matter  defended  his  Laws. 
Onely  let  me  be  excufed,  if  I   (  notwithstanding  all )  do  in  my  apprchenfion  conclude 
the  tryal  in  a  Court  of  Juftice,  by  twelve  men  indifferently  chofen ,  and  to  be  excepted 
againft,  if  there  be  legal  caufe ,  who  after  hearing  Evidence,  and  confidering  the  na- 
tureofit,  give  their  Verdift  upon  Oath,  according  to  what  they  hear  really  proved 
before  them,as  by  the  Common-Law  is  ufed,to  be  the  belt  and  moft  probable  tryal  to 
be  equitable,  of  any  in   the   World.     And   though  men  may  poflibly  be  fecure 
in  body  and  goods  under  try  als  by  Witncfles,according  to  the  Civil-Law,as  we  fuppofe 
men  are  abroad  :  yetdol  not  queftion,  but  that  thefecunty  of  an  £*£/»;,<&- man  ,under 
the  Common-Laws  defence  and  adminiftration,  is  equivalent   to   any,  if  not  para- 
mount to  all.    And  I  pray  God,  as  born  I  was,  and  have  ever  lived  under  the  good 
government  of  it ;  fo  I  and  mine  may  live  and  die  by  the  direction,  and  under  the  fa- 
vour of  it. 

Et  qui  iniqui  duo  tarn  iucauti  funt,  quod  faEli  de  quo  ip/i  examinabuntur  in  initio  ncn 
antequam  in  tefles  producantur,  occnlti  fingant  imaginem  &  figurant,  componant 
quoque  eidem  cmnts  circuntftantiat,  quale:  Jibi  fuifient ,  ft  iiud  in  veritatc  ccnsli- 

■   *S'*4 

Jit  qui  iniqui  duo  ~]  This  fets  out  the  number  two,and  the  nature,**/^/.  Now  in- 
iquut,  the  Learned  know  is  one  that  does  any.  thing,  contra  aquitatem,  againft  right : 
%s™.'swr!-j.  Terence  couples  iniqnns  with  inimicus  -t  and  Horace  with  iratms.  And  hence  every  thing 
Ovid  E/>ijt.n.'  ©fdifpleafure,  we  are  faid  iniqueferre.  Thus  iniqua  conditio  in  Tutty-;  Pr actum  pieta- 
j\ifii''fi  e  xt  tu  ***1Mhm  MOvid',  Pugna  iniqua  in  Virgil;  and  Jniqnit  as  hci,  iniquitashominum, 
ci".  ''TnT^io  iniquitas  temporis,  is  frequent,  to  exprefs  the  ftraights,  difficulties,  and  miferies,  men 
>Amcr.  fuffer  in  them.    So  that  iniqui  here,  arefuchasarcmadcinftrumcnts,  to  make  an  in- 

nocent caufe  fuffer  by  their  villany. 

Taw  incautifunt  J  The  Text  in  this  interrogation,  ftrongly  affirms  the  temper  o  f 
men  fet  on  mifchief  ■,  not  to  do  what  they  do  rafnly,  but  with  advice,  that  it  may  fuc. 
ceed ;  or  in  the  Scripture  phrafc,  appear  done  with  both  hands ,  with  all  their  might  ■, 
which  they  feldom  do,  who  run  hand  over  head,  and  incautcloufly  about  it.  Nature 
has  taught  us  this  even  in  her  inftinft  in  Beafls .  the  moft  harmful  and  fpiteful  of  which, 
are  the  fubtleft  and  lcaft-nois'd  Creatures  ;  who  by  pro  jed  as  it  were,  and  infidiarily 
fteal  upon  their  prey  •,  andasthey  defign  their  rove  and  rapacity  in  the  night,  fothey 
come  gingerly  and  foftly  to  it.Thisour  Text  calls  in  the  contrary  of  it,  incautien,  a  frail- 
ty that  innocence  is  often  guilty  of,  and  as  often  fmarts  for  this  its  Dove-like  credulity  : 
But  that  which  men  of  the  World  think  in  themfelves  inexpiable,  becaufe  its  the  lofs  of 
their  defign,&  of  tnat  opportunity,which  as  it  may  happen,they  may  never  have  again-. 
Thus  did  flaminius  lofe  himfelf  by  engaging  mthHanmbalinegleSis 
comitiis)K\x.  were  before  his  Coramilfions  were  difpatched  into  all 
parts  of  his  Quarters ,  who  for  want  of  Conduct,  Hannibal  every 
where  circumvented  •,  which  was  fo  great  an  errour  in  a  Comman- 
der, as  nothing  can  by  him  be  aded  more  nefarious  to  his  caufe, 
more  proditorious  to  his  Souldiers  lives,  then  fo  to  do.  And  thus  do 
allmenofpaffion,  who  are,   as  Varro  terms  Panfut,  temerario  &■ 

pra- 


CtlUlii  foil  txtrcifn  tmiffi  txcifiu  tfi.    Si- 

gonius  m  Faft  (^-Trumpb.KDat  f.l}fr.U7. 

* 

Nhjki  imptrdteri  i»».  tjukquum  tmtmi , 
tjHtm  tmtrititem  nngrutrijfuticeltriterfini 
fticijmd  ctpimcdi  in4t»r,Avttliiil  viStr  m 
Augufto. 


A  Commentary  upon  Fortes  cue.  zdi 

frtprcptroitgeHti,  lofe  themfelves.    And  therefore  S*ta»  (hooks  no  feathers  for  fais 
Cap  of  Seduction,  no  men  ievis  armatttra  for  his  Triarii ;  he  carries  on  his  Defigns  by 
the  Aehitophtls,  the  G'liahs,  the  Sauls,  the  Julians,  that  are  men  of  might,  that  bark 
not  before  they  bite  ^  that  roar  not,  before  they  have  their  prey  in  their  clutches;  as 
he  himfelf  comes  crawling  on  his  belly  into  our  paradifc  our  fouls  by  ill  thoughts,  fins 
of  pleafure,  fanciful  dalliances,  and  pleafing  dandlings,  till  he  has  engaged  us  to  a  non- 
retreat  -,  fodoesheinftitutehislnftrumentsby  fophiltryandfubtlety,  by  pretentions 
and  fiftions  of  feeming  good  to  the  molt  portentuous  evils.    And  all  the  prevaleucy 
he  has  (next  the  permillion  of  God )    he  ows  to  the  liquour  he  pickles  his  pro  jefts  in  ■, 
he  tteepsthem  inhigh-feafonedcounfel,  and  the  darknefs  and  indifcernable  night  (as 
it  wercj  of  death.    No  tye  he  fuffers  to  peep  into  his  pro  jefts,  but  that  which  is  fworn 
tofecrecy:  no  Fmiflary  he  fends  forth  to  aft  it,  but  fuch  as  has  drunk  down  greedi- 
ly the  potion  of  his  intoxication ,  by  which  he  being  leflbned  to,  and  confirmed  in  (in, 
works  it  with  greedinefs :  not  onely  is  pleafed  fo  himfelf  to  be,  but  zealous  to  profe- 
lyte  others,  and  make  them  as  bad  as  himfelf.    And  all  this  Satan  effects  by  counfel  and 
deliberation,  by  advice  and  pre- appointment.    The  Phjrijies  had  a  mind  todeftroy 
our  LORD;  they  would  not  rudely  and  unthoughtly  enter  upon  him,  and  then  con- 
fider  what  to  do  with  him:  but  they  took  counfel  againft  fefus ;  and 
becaufc  they  found  his  words  might  fooneft  be  carped  at  jhcj  fought 
to  entangle  him  in  his  words.     So  in  the  other  Gofpels,  The  chief 
Priefi,  *nd  the  Scribes  Veatchrd  him,  and  fent   forth    Spyes,  which 
Jbould  feign  themfelves  jufl  men.     This  was  the  wile  and  forlorn  of 
thefe  Caitiff's,  by  which  they  fought  to  exprefs  the  malice  of  their 
hearts,by  bringing  him  into  irouble :  which  (hews, that  Satan  arms 
his  with  caution  ■,  they  feldom  do  exire  incauti  ■.   he  lcflbn9  them 
too  well  to  be  furpnzed  •,  they  have  all  the  ftratagams  implanted 
on  their  mind,  that  may  both  enable  them  to  fupplant  others,  and 
keep    themfelves  free   from  apprehenfion  and  fufpition.    Thefe 
Faux's  and  Catesby's  have  the  Cellar  and  the  Night  ■,   yea,and  the 
dark  Lanchorn,   whereby  they  can  fee,and  not  be  feen.  And  hence 
is  it,  that  they  being  not  incauti,  are  uncaught,  till  God  bring  the 
fear, the  fnare,and  the  pit  en  f/)fw,wcB  in  his  good  time  he  does :  but  till  then,they  do  no: 
forfeit  their  prudences  by  rafhnefs.bat  do  not  only  lay  low  in  counfel,  what  they  are  to 
aft.but  do  fix  on  their  minds  the  manner  and  circutnftances  of  their  aftion,Wc.h  the  Text 
here  terms  tcculte  fingere  imagtnem  &  figur  am,  Sic. ihey  do  aft  what  they  arc  to  execute. 
Thusdid  the  execrable  Murtberer  of//.4.of  Fr*n  by  readiTigMariana's  damnable  trad,  o=  Reg'1 


Matth.  12.14.   Ctap.22.  If. 
f   Marl^iz.  13. 
'    Luke  20. 20. 


Quiniamqut  u!  lira  natter*  appetitmi .  fie, 
a  malts  natnra  deUiuamni  ,  qua  dedinano 
Jieum  rauonefier,  cAHlia  apfeUctur  taque  M* 
ttlligatMr  in  file  efe  fipitnti.  Cic.^.Tulcul. 
1  DcOratoic  10S. 


TrmUnsir  qui  fibi  frtbm  ,&■  megotiis  fm'i  ft.it 
tavtre.     fercac.  ,0  ;hoim,  4. 5. 


1  «C 


aft  in  his  mind  the  form,  and  inure  his  hand  to  ufe  that  lnftrument,that  he  facrilcgioufly  J^' mftltu' 
murthcred  that  brave  Prince  by.  And  thus  undoubtedly  didf<««A.-,by  being  in  theCcllar, 
in  fight  of  the  Match,  Powder,  and  combuftible  Materials,with  which  he  was  to  do  that 
execrable  villany ,   meditate  in  his  mind,    and  in  the  externity  and  figure  of  the  aftion,  See  siat.tjioob: 
embolden  himfelf  to  the  real  afting  of  it :  that  look  as  a  Painter  does ,  fingere  figurant  *■ ». 
&  imaginem  of  the  pifture  he  intends  to  draw  ■,   and  an  Oratour  does. contrive  in  his 
mind  the  fpecch  he  will  utter,    and  a  Souldier  does  defign  the  method  he  will  fight  in  , 
and  a  Lover  does  fancy  the  beauty  he  could  love ,  which  feeing  he  loves  for  nothing,  is 
in  the  intellcft  embraced  for  good ,  but  fuch  as  the  fenfe  admits  fuch  :    fo  when  an  evil 
Witnefs  is  rtfolved  on  an  Fvidence,  and  will  defperately  depofe  in 
a  Caufe  againft  any  one  whom  thereby  he  would  overthrow,  he 
does  premeditate  what  to  do,  and  provides  what  to  fay  in  all  parts 
of  bis  Depofitioh,    which  may  more  then  ordinarily  conduce  to 
his  end.  »Thus  wife  are  the  Creatures  of  this  World  to  carry  on 
their  Work,  though  they  have  Hell  for  their  wages:  whereas  the 
onely  way  to  exprefs  honeft  wifdom,  is  to  engage  in  no  fordid  afti- 
on .  but  to  make  the  anfwer  of  a  good  Confcience,  which  will  com- 
fort in  all  conditions.     This  our  King  Richard  the  firft  found  relitf 
in,  when  in  the  Eroperours  hands  he  was, charged  with  injuries 
done  to  the  Sicilians,  He  made  ft  pithj  and  direct  answers  to  themt 
and  excufed  himfelf  in  every  roint  fo  throughly ,  that    the    Emperour 
much  marvailedat  his  high  wifdom  and  prudence,  and  not  onely  great- 
ly 


Sl^itefibus  pecuniae  dtderit,  mfalftm  tefti- 
mwum  dicent,  vcl  cent  ,  q*od  femnt  ta- 
ceant ,  AHt  nan  expnmant  vtuiattm.  veljadici 
premium  dtdtnnt,  ut  fentenjta  centra  j»Fti - 
ttam  die  at  vel  non  yttdutt ;  humi!  tores  caiitt 
pHmantur,  honeflto.es  i  onorttm  ficorum  amtfl 
fiont  ttntlttntur .  E»»ic>  Theodori  Regis,  r. 
91.  ^Annerum  Calsiodor.f  j66. 

Contra  fvgstUs  obietfiints  it  a  lucHlenter,  & 
fgumemofe  refpondtns  pemravtr,  ht  omnibus 
ddmtrattontfr  \enerationihabcreturt  it  a  Ht 
nHtUf»fpuio  de  .-.>%  tn  tjKtfots  accvj.cbaiur.iv, 
tordibus  amdtenrtf.m  altcrtns  remaneret.}i\^\h. 
Farif.  /«R.  »./.  171. 


z6z         A  Commentary  upon  Fortescue. 

ly  commended  him  for  the  fame,  but  from  thenceforth  ufed  him  trere 
'Tnientii  vmimtiitBm  </i0ikd*Mpim-     tourteonfly.     And  indeed,  difficulties  are  the  proper  louchofpru- 

Juin  dmmdlmm  nC.imiUxnr .      am  dn  la*  ■        j  /•     l  l  l  •  n  L. 

q*-m.-Mliimfi  MfimmZi d.L14V.  JU      dcnCC  i      l0r3S  CVCry  mn  CZn  fai1  ln  3  CaK    Wncn    '"  *   fl°rm  "C 

MtiMtHiifimi  vmUiu.    uf),  *:i,td.,*d,     mult  be  a  good  Pilot,  that  can  keep  by  ikcrr.ge  his  Veficl   from 
Motr,'"."""  '""'"t"^""'  ^rU,"tl-  ,  daneer ;  fo  every  man  that  is  not  a  Drone,  can  rive  anfwci  s  in  ea- 

be  ai.d  ordinary  matters  ^  but   to  give  them  ripely  and  readily  in 
difficult  Cafes,  that's  the  trial  ol  prudence.     Upon  which  confide- 
ration,  *;<«/<>/<  is  a  truth  in  this  fenfe,  which  is  one  of  the  wife-man  s  fenfe.  For  be  one 
never  lb  wife  and  dexterous;  yet  he  is  but  a  femiplcne  Witnefs,  and  nothing    will  be 
carryedbyhim  •,  but  when  two  are  in  joint  teftimony  ,  and  the  Devil  to  back   and 
brcail  them,  with  iteels  that  are  ot  proof,  when  he    has  obdurated  them,  and  tnrn'd 
them  loofe  as  tinners  that  will  not  (brink  or  give  back,  then  his  work  goes  on  with  all 
D'Avild,      poflible  caution.    Thus  warily  did  he  fteer  CW/e/  the  Ninth  of  France,  to    fct  V'tHo- 
P-3J6.  que r  to  number  Lignt rols,  who  from  the  Duke  of  ylxjou  knew  of  ihe  MalTacre-,  and 

yet  though  he  had  let  ihcaflailin  about  it,  yet  when  he  heard  it  wes    done,  fhewed 
great  trouble  for  it,    and  commit  ted  Vtfoeyue  rand  Afansficld,  that  jointly  did  it  by 
bis  command,  toprifon.     Thus  did  he  further  lead  the  fame  Prir.ce  to  fome  feeming 
favour  to  thofe  of  the  Religion,  till  his  dehgns  were  brought  about,  and  they  were 
mattered;  which  while  he  Was  effeding,  as  he  endeavoured  by   corrupting  Cardinal 
Pag.$6l.       Mefiandeino  to  mifeprefent  better  then  it  was,  and  to  put  a  fiir  glofs  upon  it  to  Pope 
Pins  the  \  -ighth  ;  which  he  honeftly  would  not  do,    telling  him  plainly,  That  by  his 
Ma je flit's  uttexVi  Utd  filling  from  the  z.cal  of  the  Catholique  Relight),  aH  his    moil  va- 
lued and  precious  J  twels  ,  were  no  more  then  dirt  in  his  estimation.    But  alfo  when  he  had 
efFeded  them,  then  he  lets  on  the  King  of  Navarre,  and  terrifies  him  from  his  Reli- 
gion, and  then  tells  the  prince  oiConde,  that  there  was  no  more  ado,  bat  he  maft  turn 
P*g'll9-      from  Calvinifm,Qr  elfe  expect  Mafs,    Death ,  or  Baftile :    which    three    words  fo 
wrought  onhim,  that  to  Mafs  he  came  publiquely.    Nor  much  of  abetter  nature,  but 
furealike  work  of  darknefs,  was  thatoftheperfwafionof  Po'tret to    murther  the 
Duke  of  <?«>;/"*•,   ifa  truth  it  be  that  is  reported,  that  Coligni  the  Admiral  propofed 
him  infinite  rewards.    And  another  told  him,  (which  I  believe  to  be  but   a   meer 
Pag.\j6.       fiftionjand  malevolent  calumny)  that  he  fhould  merit  of  God,  by  taking  out  of  th:  world 
fo  great  a  perfecuter  of  the  Faith.    Lord!  what  Helliui  advifednefs  is    this,  to  make 
darknefs  a  withdrawing  room  to  fuch  villany  of  plot  and  contrivance ;  which  makes  me 
often  think  of  St.  Paul's  Aphorifm,  as  of  that  truth,  which  will  one  day  be  vifible  in 
the  punifbment  of  it,  when  the  Judge  of  quick  and  dead  fhall  come ,     The  wifdom  of 
the  Vtorld  is  enmity  with  God.     Tor  as  that  Spanijb  Proverb  is,   He  is  a  King  that  never 
fawaking,  tharis,  he  is  the  happy  man  that  contents  himfelf  with  moderate  thing  s, 
and  can  fit  at  home  with  fhort  commons.  So  is  he  the  wife  and  wary  man,  that  isaware 
D' Av'la,      of  thefc  wary  m.*n  of  the  World,  whoi:  unhappinefs  it  is,  more  often  then  they  think, 
JUb'.lo.pag.  tohive  thetr  Religion  counted  Hy-ocrifie,   thtir  prudence  A  wicked  craftiness,   thtir  po- 
820.of  H.j.  Hcj  meannefi  of  fpirit,   their  liberality  licentioufnefs ,  their    affability   contemned,  their 
France.  gr.ivirj  fnfpeiledttheir  name  dctefted,th.ir  private  converfation  imputed  to  enormous  vices, 

and  their  deaths  extreamly  rejeyced  at. "Tis  a  good  account  of  theufe 
$»<i,eltumr>tc/t*ii  mfir*  Dn.finmiju-  of  power  indulged  to  great  men,that:T^ff<s/0W^gives,»9f  by  it  to  ac- 
j*.cu  ,mn,  n»*t  ytmmm,  vtUmatm  /«-     C0lhpUfh  wicked,  but  worthy  things,  and  itiflead  of  makix?  their  will 

mcnnolimm  dt  ratitm  mtnmur,  «;  illudmi-  ,     '     "  .        t    •    r   t  ■    n      nil      "it   It'        ..;    •     .-.  •  n     ..       i  r 

fm  nSmmm  riniff,^i  cu»a»  d.gnnm  ,   the  reafon  thettfubjects  JbQuld  walkJ>J,brtng  thetr  Kills  to  the  reaftn 
tjt  whan  .  TfaoiUwic.  Epift.  n.  «i    God  VeM  judge  them  by.     To  apply  this  then  to  our  Text,  the  Chan- 

Eugcmum  Cafsiouo..  vai.a..  t,b. i  M.  cd)our  by  thcfc  word%    ^  ^^  ^  Um  ^^  ^    means y^ 

wickednefs  in  WunelTcs,  two  or  more  having  defigned  what  they 
will  aft,  and  p-epared  !br  whatever  can  come  upon  it,  are  but  in  fo  doing  true  defen- 
dants from  Satan  their  A ncefior,  who  from  the  beginning  was  a  lyar,  and  who  prin- 
ciples his  to  carry  on  his  deflgn  by  any  means :  which  two  thoufand  thoufand  that  are  , 
iniquiftuW.  not  prevail  to  efFeft  further  then  God  pleafes  to  permit  them  •  for  he  takcth 
the  Vvife  in  their  own  craft,  and  the  counfehftle  frowardis  carrytd  headleng,zs  fob's  phrafe 
is,  Chdp.i.i}.  maugrc  the  prudence  they  think  to  exprefs  in  it,  who  are  as  it  fol- 
lows. 


PruJ, 


in* 


•ort 


if  Commentary  upon  Fortescue*  263 

Prudintiorcs  namque,ut  dicit  Dominus, [tint  filii hujus  mundi  qu.tw  filii  lucis. 

This  fcripturc  is  in  the  \C  Lukj  3.  uttered  upon  occafion  of  the  parable  of  the  unjoft 
Steward,  which  while  he  had  opportunity  feathered  as  we  fay  hisnefi,  and  in  the  Hal- 
cjenoi his  gainful  Steward- (hip,  provided  againft  the  winter  and  (torra  of  his  Ecclipfc 
and  disfavour,  the  warinefs  and  fovereignty  of  which  providence  benign  to  the  futuri- 
ty of  his  condition,  and  preventive  of  the  disfavour  of  his  indignated  Lord,  Our  Sa- 
viour not  onely  commends,  but  tranfmits  it  as  a  rule  for  his  to  praftife  fpiritually  ,  fo  to 
ufe  the  day  of  grace  and  hie  that  the  day  of  defcrtion  and  dea:h  may   be  fweetned  by 
the  provifion  laid  in,  for  and  sgainft  it,  For  the  children  of  this  world  fo  do,  And  there- 
in are  more  wife  in  their  Generation  then  the  children  of  light.     Which    fcripture  becaufe 
it  has  much  of  conce.ninitto  a  Chriftians  erudicion,  in  the  wifdom  which  concerns 
feoth  direction  o'himfelf,  and  detection  of  his  rival,  the  worldling.  I  (hall  humbly  and  j-l   *  ti 
Shortly  write  a  little  of    Be  fetching  God  that  he  Would  affiftmeas  a  child  of  light ,  to  l      tt 
undcrfiandtbcwifdomthat  is  from  above,  which  is  pure  in  principle, and  peaceable   inpra-  p 
Uice,  And  that  he  would  bj  his  Grace  keep  me,  in  that  happy  ignorance  of  the  children  of  this  ^  J 
world,  wbofe  wifdom  though  it  be  notable  in  its  Generation,  jet  m  God's  Account,  is  earthly, 
fenfual,aad  Dcvilifi.  .  J 

wit  V3  a}ZtQ-  tJtk  3    Tkefe  are  one  of  the  partyes  in  comparifon  fo  called,  not  one- 
ly becaufe  they  in  uD^JJ  'J3  thofe  of  which  the  world  is  built  and  inhabited.    Or, 
t^TT.  darlings  and  infants  which  the  world  fuckles,  but  as  they  arel^n  unhappily 
fo  the  worlds  as  the  world  is  theirs,  by  a  complacency  and  infeparablenefs,  or  dearnefs 
of  lov«,  qvivolunt  efte  plii  mundi,  aut  quorum  defideriunrefi  in  mv.ndo,  faith  B.   David.  *agn'n-  »'»  ver- 
The  Holy  Language  expreffes  every  thing  that  is  more  then  ordinary,  by  the  name  of1'0 
fon,  he  that  is  condemned  to  dy,  they  call  a  fon  of  death,  a  loft  man,  a  fon  of  perdition, 
thofe  that  are  married  fons  of  marriage,  and  fo  the  fons  of  this  world,  worldly  men,  3"' '  mhUtUui 
becaufe  they  are  conformed  to  the  fafhion  of  it,  and  not  transformed  in  thefpiritof£/*'^£"4 
their  minds,  as  child  en  of  light  are,  but  do  Mundana  fapere  •,  relifh  onely  the  cooke-  jus. mm*  «#«'- 
ry  of  this  world,  and  not  favour  the  things  of  God  ^  They  do  mundana  quxrere,  all  their  ■*Tr*  Gl0liu' 
love  is  fo  to,  and  their  labour  after  the  world.that  they  think  no  toyle  too  hard,nofelf- 
denial  too  great,  fo  they  may  grafpthc  world,  and  foyn  land  to  lank  and  houfc  to  houfe  , 
till  they  be  alone  in  the  earth,  and  then  they  do  gaudere  mundanis,  having  acquired  the 
world,  they  acquiefce  in  it  as  their  portion.and  ling  that  requiem  to  their  fouls  that  they 
have  enough,when  as  they  are  in  Gods  account  miferable,  and  poor  and  blind  and  na- 
ked. 1  hefe  Saint  Be rnardcompzres  to  Oakes  and  Elms,  which  are 
Greatinbulbaniofatrocerousvrowth,  b:t  thtj  at$  not  planted  in      ..,.,„„  ,     , 

,  f,     _        i  i-i      .  ,a         r  t  til.  ii     I  r       Sint  arhrei  m  frxSmft.it  autre*)  fr  Mlmns 

the  noble  Garden,wherem  the  Majfer  tf  them  lights  to  walk^  becaufe     &  arltmf,iv^rt,  Ju ■,  fed hnju/imdi  «*. 
thejjeild  no  fruit,  or  if  that  they  do, 'tis  fr  fit  for  fwine,not  men,  Tales     tlM,t* « htm  fa.  <i»<*  mnfamm  fr*a*m 
funtmhujusfecuhagentesfecomme^tion.bus,^  the  Father,     ^jjJHftSfiSfiE 
Ard  hence  it  is  that  becaufe  they  bring  fruit  onely  to  themfclves  •     dc  sanfto  Benedifto. 
and  none  to  God,  they  are  called  not  onely  by  John  the  Baptifl  a 
Generation  of  Vipers, but  by  Cod  in  avehemency  of  indignation 

rebellious  children,  jo  Efay  I.  lying  children  verfc  the  mmh,children  of  tranfgreffion,  Matth.7. 
chapter  the  fifty  feventh  verfc  the  i'ounb,backfliding  children  3  ftr.i 4.  and  chapter  the 
fourth  verfe  22.  children  of whoredoms  ;  1  Hifeah2.  children  of  Iniquity  JoHofeag. 
children  of  the  fle/b  9  R*m.%.  children  tf ' di [obedience  2  Ephef.  2.  and  of  wrath  ver fe  3. 
children  of  the  devil  1  John  3  chap,  i  c.  Thefe  are  the  men  denominated  heer,  the 
children  of  this  world.  .The  N'mrods,  and  mighty  hunters  of  the  world,  who  fayl 
in  ftasofbloud,  to  ports  of  power,  who  wafte  Countreys,  deflower  virgins,  violate 
matrons,  diffolve  politycs,  and  turn  tHe  world  topiicturvy,  that  they  may  be  known 
to  be  powerful,  The  Achitopheli  of  this  world,  who  poyfon  ages  and  per  fons  with 
fraud  and  falfchood,  being  Prtttnt's  and  Polypus"s,a.ni  to  fave  themfclves  cannot  onely 
be  willows,  and  not  Oakes,  bend  rather  then  break,  but  become  Malls,  and  Axes  ro 
dig  up  their  own  foundations,  and  to  raine  others  body  and  foul,kto  fecu're  themfclves^ 
who  can  curfe  with  Balaam  fa  a  reward  thofe  whom  God  has  bleft-,  and  arc  fo  perti- 
nacious in  their  wickednefs,  that  they  neither  fear  God's  Angels  of  terronr,  nor  re- 
gard the  miracles  that  he   admonifb.es  them  by.     Thefe  arc  the  Herods  of  this  world, 

Y  y  a  who 


26> 


A  Commentary  upon  Fortes  cue. 


tfal.7«». 

Pfll.I  +  OJ. 

Sanftus  Betnar 
dus. Strm.t.  in 


who  arc  fo  in  love  with  what  they  fhould  not  be,  themfelves,  tint  they    fludy  to  be 
applauded  vainly,  and  in  the  elevation  of  it  forget  God'  imptoufly  :    the   Judas's  ot" 
this  World,  whofektffes  have  more  harm  in  them,   then  theltavesof  Caiti'j  Jiws,  o; 
the  fwords  of  Butcherly  A(fa fines  ;     the  SimenMagus 'sot  this  World,  who  will  be 
trucking  for  every  Spiritual  thing,  and  will,    with  our  Cardinal  vydfey ,  let  nothing 
pafs,  unlefs  it  pays  tribute  to  them.     Thefe  are  they  that  our  Lord  calls  ihe  Children 
of  this  World  5  and  whom  the  Prophet  David  calls  the  ungodly  who  prosper  in  the  world, 
they  enereafe  in  riches,  and  from  whom  he  prays  deliverance  ;     ar.d  why?   becau/e  thtj 
imagine mi/chief in  their  heart ,  cmtinual/y  art  the]  gathered  together  for  Wrfr.    And  who 
by  reafonofthis,  are  not  onely  a  grief  to,  but  the  terrourot  God's  little  llock,which 
made  the  Father  cry  out  to  God,   Hen,  heu,  mihi  domineVtm,    quoniam  undic/ue  mihi 
beka,  &c.  Oh  miftrable  man  that,  lam,  O  Lord,  whoameviry  way  befet,  and  have 
fnares  on  all  hands  of me,  whom  the  darts  of  envy,  and  the  open  w-'*r  of  fury  threatens; 
Vrocisme,  who  am  \nfccurt  in  my  plcafures,   in  try  dihghts,  in  my  (It  ep,  in    rr:y   fufle; 
nance;  agamstwhom,  both  labour  and  reft  are  combined  .-  thus  that  Father.     This  is 
the  nouon  of  che  Children  of  the  World,  whofe  malice,    power,    and  policy,   would 
difhear'ten  the  Children  of  Light,     Wer'e  it  not  that  they  were  but  Children  of  this 
Worid,  finful  in  what  they  do,  changeable  notwithstanding  what  they  do  ,  mifcrablc 
after  what  they  do  :  forall  that  they  do,  God  either  undoes,  or  undoes  ib^em,  that 
they  fhall  not  fee  their  projects  iri  the  plumes  of  their  pride,  and  in  the  fpread  fails  of 
their  fuccefs.      Thefe  Achans  get  the  Wedge  of  Gold,  and  the  garments  of  gaudery  , 
but  they  have  God's  curfe  with  it.      They  get  Children ,  and  name  Lands  by  their 
own  names,  but  God  condemns  their  Children  to  obfeurity  •,  fo  that  they  are  ingcxi- 
torum  vituperium  &  Ufuram,  orelfedie,  and  they  leave  no  name  on  the  Earth,    no 
heir  to  inherit  their  acquifitions.     They  think  themfelves  admirable  Architects,  that 
can  pyramidize  their  names  and  governments,  in  fome  durable  Monument  of  itrength, 
and  admiration ■,  but  God  tumbles  down  in  his  fury  thefe  mifinftrufted  Scructures,and 
makes  his  counfel  fland.    And  therefore  the  power  and  policy  of  the  World  had  need 
to  look  to  its  foundation,  that  it  be  upon  the  Rock  againft  which  no  winds  or  waves 
{hall  prevail,  and  into  which  no  moth  of  God's  curfe,  or  canker  of  times  injury,  will 
work  it  felf,  were  it  not  for  this  damp,    and  this  hand-writing  to  the  World's  hfebu- 
chadnezzMr's,    What  a  Bochim,-  what  a  Golgotha,  would  this  World  be  to  God's  bid- 
den ones-,  to  bis  Jewels  whom  he  tenders  as  the  apple  of  his  eye-  there  would  be  no 
lighting  on  the  Earth  for  thefe  Doves,though  it  were  to  but  pickup  the  Crums  that 
are  the  offals  worldlings  live  upon,  but  God  hasin  wifdommade  the  world,  and  all  in 
it  verfatile,  that  there  may  be  fome  ferenato  and  brize  under  i'.s  folftice,  and  that  the 
greateft  felicity  of    man  might  bt  even  by  its  own  fencence  imperfect,  Galicnus  the 
Emperour  came  a  youth  to  the  Empire  rh  yX*  ir^ot  x<'ovoyt  &c-  Hisfirft  years 
were  prudently  and  auietly  reigned,  after,  he  fluckned  tn  his  Gttbtrnative  happinefs ,  and 
at  lafi  he  was  whtly  a  bad  man  and  a  bad  King,  Severus  was  a  victorious  Emperou  r,  and 
of  auftere  difcipline  in  his  Army ,   military  rudenefs  he  endured  not  even  in  Briuin, 
though  here  he  bad  many  intollerable  provocations ;  yet  as  fuccefsful  as  he  was ,  who 
was  the  glorious  Phoenix  of  his  time,  He  did  not  onely  fay  whenhe  lived  and  looked 
upon  his  life  and  actions  Omnia  fui  &  nihil [um ,  but  he  caufed  his  urne  robe  inferibed 
with'this,  Thou  (halt  contain  the  man  whom  the  whole  world  could  not,  thy  narrow  bounds 
a.™  n  oik*    ^^  C0MCiu£(  ys  foj^  yfljDJ-g  ambition  the  world  was  too  firaight  for,     Thus    docs  God 
^l**\\nrM\\'  fad  UP  ^e  flying  Colours  of  the  Sons  of  this  World,    and  put  them  into  a  ftorm,  in 
which  they  are  forced  to  ftrike  their  Sails,  andlevel  their  Maft,  that  they  may  live  and 
ride  out  his  fury  ;  which  if  they  do  in  this  World  to  fuch  a  degree ,  as  Fortius  Cato 
did,  infpightcf  all  the  envy  that  attended  him,  which  enely  injured  him  to  his  aggrandi- 
z.atton,  folifhing  his  prudence,  and  making  his  tryed  virtue  mere  truly  ftandard  and  defe- 
cate, then  otherwife  it  would  have  been:   which  is  not  often,  yet  their  Death-bed  ter- 
rours  and  their  after-  torments,  declare  them  children  of  the  world,  who  are  onely  more 
wife  in  their  Generation,  thenthe  children  of  light,  who  are  the  other  part  of  the  Subjcds 
oppofed  to  Children  of  this  World. 

'Tioi  tdrot}  Here  light  is  oppofed  to  the  World,  as  it  is  the  region  of  darknefs, 
not  in  the  natural  and  mathematique  notion  of  it  ;  for  that  is  illuftrated  by  the  light  of 
that  great  Taper  the  Sun  and  its  Cccleftial  Peers,  thacdobeday  and  beluftre  it,  but 


Euttopius  in  Be- 

viario,  /;t.p.  'Ait. 
Sylb.f.  in. 


cPfifU.    t)  OIK 
>*' 

nt.  Xiphili 
nus*»  Epi- 
tom.  Dionis, 
f  .424.  edit. 
Sylburg. 


is 


A  Commentary  upon  Fortescue.  165 

in  the  finful  &  penal  notion  of  it.Thus  as  the  world  lyes  in  fin,fo  the  ftate  of  fin  is  term'd 
darlenefs,  thus  S.Petcr  ulcs  it  ^wlw  has  called  us  tut  of  darknefs  into  bis  marvellous  light  •  '  *«■'.»• 
ye  were  fometimes  darkntfs  ,bm  now  ye  are  light  in  the  LordSo  that  look  as  Children  of  the 
World,  fuck  the  milk  of  the  World,  tin  and  pleafures,and  cry  after  the  Woild  as  their 
Parents,  and  play  with  the  toys  of  the  World,  as  thcit  ienfes  and  labours  are  gratified 
and  expended  about  worldly  things,   fo  are  the  children  of  light,  intent  on  light  •  they  '  ^ohn  *• u 
love  God  as  light  of  perfection  in  himfelf,  and  communication    to   them;   they  love  John ».i5. 
Chrift  as  the  light  of  raatchlefs  Chanty  todie  for  Enemies,    and  to   example  his  to  a 
fuitable  goodnefs ;  they  love  holinefs ,  as  the  light  of  irradiation  ,  kindled    in  the 
heart  of  God's  Eled,  by  a  fpark  from  his  effential  holinefs  ■,  they  love  heaven,  as  light  EPhcfs-8- 
of  clarification,  wherein  then' vile  bodies  ihall  be  made  glorious,  and  they  fhall  fee  colon  1. 12. 
Godfacetofaee  ;  in  his  light  thq  fo,\ll  fee  light.  Thefe  are  children  of  the  light,  that 
lutem  affiant  are  not  dtlightcrs.injurfeiting  and  drur.kenncfs  ,in  chambring  andVeantcr.nefs, 
but  put  on  the  Lord  J  ejus ;  and  in  his  robe  appear  to  men  in  the  light  ot  finning,  and  re- 
formed works,    works  fruits  of  repentance,    worthy    of  the  light  of  God's  counte- 
narce.  [nnnifeftation  of  the  Goipd's  prevalence  and  prefer!  prion,  and   of  holy    mens 
practice  and  approbation.     Thefe  are  children  of  light,  qtt  lnccm  quarunt,  they  feek 
whom  their  foul  loveth  ;  light  is  their  joy,  and  they  fearch  after  light,  to  know  and 
prize  it,   that  their  joy  may  be  full,    in  pltnitndine  lucis  interna,  qua  luci  (terns  ei~l.  pray 
fatoria     And  this  is  much  of  their  happinefs,  that  God  in  this  initind  of  theirs  to  feek 
light,  docs  not  let  them  feek  in  vain ;  they  feek  not  the  living  among  the  dead,  light 
in  the  darknefs  of  this  world,whtch  is  -wholly  obfufcated  by  the  incredu- 

Jitj  ofleviSJhe  if norance  of heathens,  the  objlmacy  of  Heretiques  ,      c»m  I""  m"  ¥'  nu"d"s  mx  fl  *  """ 
the  sarnal  audfcnfual  ftnful  Itves  if  Catholtques  ;  way  J  not  (  laitn     ^,M,rjMr„„«(^M„w,  mxh*>i- 
the  rather)  call  that  night,  ubi  nonfercipiuntur,   qua  funt  fpiritus     iu+tr*vit*s  .•m*c»Jk»Bar»mcamaiu  *. 
JDd,  where  there  is  aclear  fight  into  all  policy  of  projeft,  all  my-     t&t^+ST**?*" 
fiery  ot  mechaniques,  but  a  darknefs  to  the  /implicit y  that    is    in 
Christ ,  where  men  fee  not  the  holy  fpirit  in  his  addrefles,nor  feel 
him  in  his  operations  on  them.     No  thefe  Seekers,  (far  from  the  Phanatiques ,  and 
Enthnfiafltques  of  our  age,)do  not  feek  light  ouc  of  levity  and  fceptical  unfatisfiednefs, 
which  keeps  them  lax  and  unfixed  in  every  principle  of  truth «  but  they  feek  light  as  it 
iscxlitusdata,  as  it  comes  from  the-father  of  light,  to  dired  his  Children  to  walk  in 
the  light;  and  they  feekitasitisrri/fw/i/fA-c^'  aperta,  as  it  is  that  which  will  make 
them  walk  honeftlyasin  the  day,  andletevery  eye  into  their  Cell  and  Clofet.  Thefe 
illuminates  no  Heretiques,  are  Heavenly  Daniels,   that  will  have  their  Conversions  Dani- l8- 
open,  that  they  being  tranfparent  all  may  fee  them.     And  this  they  do,  quia  luce  gau- 
dent,  the  more  light  they  have,  the  more  are  they  juitified  ;  for  as  they  pray  ,  that 
God  would  make  them  lights  in  a  crooked  generation  :  fo  when  they  are  heard  in  this, 
that  according  to  the  will  of  GWthey  have  requefted,  they  acclamate  the  light  by  which 
they  are  illufirated  to  be  what  grace  has  made  them  ,  burning  and  /lining  lights  -,  and  0  quanta  anari- 
they  aflault  their  Lord  with  many  grateful  tears,    ObltfledfeJns,  (fay  they)  how  ma-  min  advmtns , 
t»y  forrows  and  (ighs  has  thj  pre  fence  in  my  foul  ref cued  and  refehed  into  comforts  ?     plow   'bll"c  jtf„,  &T."" 
many  mifls  and foggs,  in  which  aHfenfc  if  thy  blood  my  ranfomc,    thy  fpirit  my  guide  ,  thy  santfu*  Bcmac- 
advocation  my  fecurity  ,   hat  thy  manifeflatunto  me  defpelled,  .and  thy  balm  anointing  n>y  <»•  &"*•**' 
galled  andoppreffed  Conference ,    ajfwagtd  and  calmed  ?      How  haft  thou  caught  and  laved 
me  (inking,  c  omf or  ted  and  fatisfied  me  def pairing  :     How,  O  Light  of  Lights ,  haft  thou 
lightned  my  heart,  when  itfaw  thee  in  it  the  hope  of  glory.     Thus  that  Father.     Thefe  are 
the  Children  of  light,  who  have  all  the  properties  othght ;    Light  is  resfura,  foare 
thek  pure  in  heart -,     light  is  res  commoda,  foafe  ihtic.ufefultoth:  age,  and  time,  and  Gen.i'z.i. 
flactth:f*rein;     light  is  res  decoraS  fo  are  thefe  the  beauty  and glory  of ih:ir  dwelling .,  Pro».i».2«. 
tight  is  resp!acida,fo  arc tbefc.  And  hence  ihcy  are  faid  to  walk^circumfpcllly,  not*as  f  co^oVji.' 
fools,  but  as  wife,  giving  no  offence,  neither  to  the  }cw,nor  to  the  Gentile,«wr  t*  the  Church 
*f  COD.And  are  not  thefe  thus  qualified  rare  Jewel??  Do  not  thefe  whom  God  accounts   - 
his  jewels,  and  over  whom  he  extends  his  everlafting  arms  ?  whom  he  hides  in  the  evil 
day,  andAvhom  he  hears  for  thoufandsoffinners,  that  reproach  the  holynefs  of  their 
lives,  and  would  but  for  them  have  Hell  out  of  Heaven  foon  poured  on  them.    I  f.ny,do 
not  fuch,  rart  aves  in  terris,  defcrve  to  be  favourites  ?  And  ought  they  not  to  be  prayed, 
for,  that  they  may  fruttuofc  mi  luce,  that  they  may  .while  they  have  light  about  them, 

not 


%66  A Commeotary  upon  Fortescue. 

not  be  in  darknefs,  and  complain  of  want  of  light,  running  into  rrctonsandrharifaical 
follies,  by  which  the  true  light  of  Religion  isblemifhed,  and  for  which  blafphemed , 
but  that  they  keep  themfclves  free  from  Faction,  Schifm,  Herefie,  Separation,  and  walk 
by  (Jo^'t  light  in  hisScripture-Candleftick,  which  the  Catholique  Church  faithfully 
fets  forth  in  itsufeful  pofture.Andl  pray  God  my  foul  may  have  die  light  of  its  conduct 

The  Church  to  Heaven,  by  the  Miniftry  of  our  holy  Mother  the  Church  of  England  ,  whole  hum- 

of  England,  ble  Son,  I  ever  ( 1  blefs  God )  in  the  worlt  of  times,  have  confeiencioudy  and  convictedly 
been,  and  hopeever  to  continue,  befeeching God  to  vifit  with  his  light  and  truth  her 
many  feduced  ones,  and  to  make  her  Doctrine  and  Difcipline  fweetly  effectual  to  their 
reduction;  whofe  wander  is  not  more  her  blemifh,  then  their  own  danger.  ThisfhMI 
fuffice  for  my  obfervation  on  our  Lord's  Vefcription  of  the  Subjects  he  fpcaks  of,  Chil- 
dren of  the  fVorld,Children  ef  Light. 

Now  of  the  Predicate,  or  our  Lord's  Sentence  ,Prudentiores  funt  ,<\>(**'V>aTtv1-,  this  is  a 
word  which  Critickj  make  to  import  not  barely  a  wifdom  of  mir.d  and  fpcculation,but 
chiefly  of  action  and  difpatch  •,  not  onely  a  knowledge  how  matters  are  to  be  done,.and 

6  VtU'  to  give  the  rule  of  them,  but  an  exercitial  and  effective  knowledge  of  them.     And  thus 

10  '  Ariftotle  \x(cs  the  word.and  thereupon  fays,  thac  Anxxagora  s  f  hales  and  others,  were 
called  Sojkj,  who  were  not  ^poni/**  ,  ufrote  a.ytov/]<t{  -m  aijjLz'ipo*}"-  at/Jsif  •  and 
therefore  to  the  compleat  knowledge  of  this  word,  wemuft  take  in  that  fenfe  that  not 
onely  Xenophon  does,  when  he  terms  one  $fltip  t  7nel  tat  wcAsp./xr"?,  that  is,  a  dextt- 
rions  warriour;  but  that  in  which  even  our  Lord ufesit,  in  M at.  25. 7,8. where  he  calls 
the  Virgins  that  had  their  oyl  in  their  lamps,  and  their  lamps  ready  trimmed,  ?f  orif/sf , 
and  thofe  that  had  their  oyl  to  feek,  when  their  lamps  fhould  have  been  lghted,  and 
they  ready  for  their  Lord,  /&*&.<,  becaufc  they  wanted  expreflion  of  more  wifdom  to 
make  them  acceptable,as  the  other  that  were  punctual  in  their  duty  arrived  at. 
t  This  prudence  then  is  of  three  lorts ;  (he  prudfnre  of  the  Serpent, 

Tfrrxms  frudtnti*  ijt  conjiBur*.  ^tfirnt-    .  which  when  he  fuppofesariy  danger,  will  fecurehis  head,  and  obfer- 

r»m  and  .br.*r.m<nr,.fr.«tn1.  a/UmiU-  ■  J,cre  fe  may  m0QJy  bc  jn  -^^        Secondly     the   trudrnCe  of 

.  tur  wnirt,  and  naSn  artrtdimnr.  Infliattia  .     O  J  .    J.  >  _  j  i    n  i        i 

ad  cwtinai.  Montiitum.  Th«r. politic.  circumvention,and  a  wittinels  of  defraudatien.     And  Ialtly,thc  true 

t'  *17-  wifdom,  which  Saint  BafilcaWs  the  knowledge,  what  is  fit  to  be  done, 

,                ~          r>      <     »  and  not  to  be  done.    The  two  former  were  the  wifdom  of  this  unjuft 

tdytaffit   ray  vc  » \  .a  ,    y  Stewarj  he  would  be  fure  to  keep  himfelf  from  want ;  and  that  to 

»  fl-o/dTtar.SanctusBaiilitis.iio-  ,,.'.,.           , .  „              r  ,           ,              \    ,      f .     r 

■1  ,,  •   .  ■,•«  d™t»™  r  do,  he  thinking  nothir.gmore  expedient,   then  to  make  him  frieFids 

mu.1z.1n pnnctp.  yrov.Tom.i.  c      ■  u           w               u-    J.  n    >          j         j 

,        r       '  of  unrighteous  Mammon-,  his  Matters  goods   under  his  power, 

' '  *     '  (he  having  a  value  of  his  corporal  worth,  and  the  fecurity  thereof 

from  difetteem  for  ^inijatllc/f/w  Budaus  makes  to  have  a  fenfe  of 
commtntar  Gr.    tfferri,  and  animo  tolli  )  he  gives  occafion  thereby  to  our  Lord  to  fay  ,     The  Children 
*■"•£•"*■*><■     of  this  world  are  more  wife  y  &c.  Which  words  are  no  ttobeur.de:  flood  abfolutefy,  but 
Jecundum  ejuid  ■,  not  as  if  there  were  a  more  real  wifdom  in  the  worlds  choice  and  pra- 
ctifc  then  in  holynefs  and  her  wayes,  for  then  the  wifdom  of  the  world  would  not  bc  en- 
mity with  God  as  it  is;  nor  then  would  the  fear  of  God  be  the  beginning  of  wifdom  , 
<u  it  is,  and  a  good  under fianding  have  thej  that  do  it ;   but  it  is  meant  to  thofe  ends  that 
jn  rehmfm,  -»-     their  worldly  &  fintul  actions  conduce,  as  they  are  children  of  the  wor!d,&  onely  defire 
gmdu.nam  »si,.  t0  approvc  themfelves  to  the  world  «;  tLu)  yivav  nvrZv,As  Owls  and  Cats  can  fee  better 
•       then  men  in  the  night  to  catch  mice,  and  vermine,  but  not  to  readbookj,  that  is  in  their  kjnd 
Gwuabmm.      and  according  to  the  actions  that  are  proper  for  them ;  fo  are  and  no  otherwife  the  chil- 
s»Daus  Bon»-    drcn  0f  thjs  World,wifer  in  their  fpheres,to  gain  their  temporal  ends  .then  the  children 
of  heaven  are  to  eternal  &fpiritual  ones. This  thcn,l  humbly  cor.ccive;ourZor^uttered, 
not  to  approve  fenfual  and  linful  diliger.ce,but  to  exprobratc  fpiritual  floth,  and  by  this 
Cock  of  Worldlings  vigilance,  to  awake  his  drowfie  Peters.    And  methinksour  Lordin 
faying  they  are  wifer  in  their  Generation,    thin  the  children  of  light,     provokes    hist© 
rouz  themfelves  to  holy  activity,  from  this    that  worldly  men  fhew  Prudence.     And 
in  three  things  manifeft  their  Pruder.ce,Pr^«V/»ff  eletlUnis,  ardore  profecntitnis ,  em- 
Slantia   adhaftonis :     The  firft  evidences  the  legitimation  of  Prudence ,  as  no  hand 
over-head,  and  extemporary  fuddain  thing  ;  but  that  which  isr««*  avifamtntoctnfilii 
&  rationis,  a  fruit  of  tryal  and  experience  •  Wifdom  dwells  with  Prudence,   dictating 
u  ir,righttime,  right  method,  right  inftruments  of  actions.    The  fecor.d  piopalates 
the  activity  of  Prudence ;  'tis  no  Bormoufe  that  lyes  fnudg:ng,and  creeps  foftly,  or  ap- 
pears cooly:     no,  when  it  has  well  chofen,  what,  when,  and  by  what  means,  and  to 

what 


venmra  m  locum. 


A  Commentary  upon  Fortes  cue.  26  J 

what  end  it  is  to  aft ;  it  vigoroufly,  and  with  a  mafculine  fortitude  executes  them,  tut 
ziitcert,  ant  mon,  is  the  !\;otto  oi  Prudence.     The  third  discovers  the  fortitude  of  Pru- 
dence, 'tis  big  of  a  generous  indefeflion,  and  a  noble  heroiquenefs ;  what  it  has  chofen 
it  pro'fecutes,  aud  in  the  ptofecution  is  wearilefs  and  undifcouraged  :    thtfe  are  the 
gradations  of  Prudence.     Our  Lord  then  does  not  in  the  firff  fenfe  ftridly  predicate  this 
(wijer)  if  the  children  of  the  world,  in  this  place.     For  according  to  the  examen  of  de- 
fecated and  primitive  reafon,  as  the  World  is  under  fin,  andthewifdom  and  tendency 
of  it  folly  of  fin  •,  fothewifdomoftheWerldis«t«>i1or77,  a  very  fenfeiefs  choice-,  Jtis 
the  choice  of  Leah  before  Rachel,    darknefs  rather  then  light ,  BJial  with  refufalof 
Chrijl:    but  oar  Lord  fays  they  are  wijer  in  their  Generation  ,  becaufe  in  the  choice  of 
the  wor!d, they  dwehoofe  what's  more  quadrate  to  their fenfual  felvcs,  a  fenfual  world 
will  belt  pleafe  a  fenfual  heart,    and  fenfual  affections  ■,  aRd  becaufe  the  world  is  fo  con- 
sanguineous and  proportionate  to  corrupt  reafon,  will,  and  affedion,  therefore  all  the 
fails  and  itreamers  of  endeavour  are  flying,  to  take  the  Worlds  full  wind  in  them  ;  they 
maite  the  World  onely  their  choice,  and  admit  nothing  in  competition  with  it ;  they 
have  no  other  Diana  Valentin*,  no  other  Miftnfs  they  value  and  apply  to  -,  they  rift  tip 
t*rlj,goto  bcdla:e,andeat  the  bread  of  forroVp,   that  they  may.  obtain  the  world,  and 
that  had,care  no:  whacthey  mifs :  and  herein  they  out-ftrip  in  generation  the  children 
tf  light.     For  though  they  have  a  more  tranfeendent  objed,    in  whom  ate  concentred 
all  the  treafuresotwifdom  and  knowledge,  and    though  the  Kingdom  of  Heaven,  and 
the  rightecufrnfi  of  it  draw,  with  i:  all  fuperadditions ;  yet  the  whole  thoughts  of  the  de- 
vout foul  fix  not  upon  God,  but  fcattcr  and  remit  their  intention  to  couple  with  other 
©bjeds,  which  makes  them  mifs  the  mark  of  havingGod  always  ready  to  be  their  help  in 
trouble,becaufe  they  tempt  him  to  punifh  thtir  trail  inconflancy  with  feme  temporary 
withdrawing?.  O  how  rare  is  it  tor  a  foul  to  be  of  David's  temper,  My  heart  is  fixed, O 
God,  n>]  heart  is  fixed:  the  de fire  of  my  foul  is  to  thee  ,  and  to  the  remembrance  rf  thy 
name.    Where  are  the  Saintly  Merchants, that  fell  all  they  havcto  purchafe  God's  pc^arl  ? 
and  the  Marys  that  forfake  all  the  trafti  of  the  World  to  fit  at  their  Lord's  feet .'  where 
are  the  Mary  Magdalens  that  prefer  to  be  mourners  in  the  Sepulchre  of  a   crucified 
Saviour  to  the  theatres  of  mirth   and  the  rooms  of  Gate  and  pleafure.  The  world,  alas ! 
has  thefc  Minions  and  Zealots  for  it    that  will  adieu  God,  a  good  Cenfciente,  Relations  , 
yea,  even  life  for  it-,  and  all  this  with  an  heroiquenefs  and  thearful  gallantry,  as  they 
fay,  when  Gcd's  C lyents  come  to  him  with  cold  zeal,  and  ferve  him  with  ref  rade'd  and 
divided  affedons,  looking  afide  upon  ihe  world,  when  they  feem  to  look  dircd  upon 
God;  likethofeofold,  whom  God  reproaches  for  their  prevarication  with  him,  and 
requires  them/a  cafi  away  their  abominations,  and  not  to  defi'e  themfelves  with  the  ld'ds  Etck.se.  u 
if '{Egypt  i  it\d  thokvthomhedetedis  for  worfiipping  and  {wearing  by  the  Lord ,  and  by  zeph.1.5. 
Malcfom.  Such  parcel  guile  Chriftians,  his  Holinefs  cannot  endure-,  becaufe  their  pro- 
jcdis  to  ferve  themfelves  of  him,  not  to  ferve  him  with  all  their  might :  whenaftorm 
they  fee,  they  confilt  evallon  of  it,  though  it  be  with  abnegation  of  the  truth  of  God 
depoficed  with  them,and  protefled  by  thtm.     Let  holinefs  fhift  for  it  fclf,  they  are  of 
Judo*  his  company,    when  they  are  moft  and  fuccefsfulJefl :  fo  much  do  good  men  of- 
ten give  way  to  corruption,  that ,  with  peter,  they  dare  not  venture  the  Jeafi  tryaJ  - 
whereas  the  World's  Creatures,  as  they  mind  earthly  things,  fo  they  exert  their  addi- 
ctions with  vehemence  and  indefeflion,  as  if  they  meditated  the  fuccefs  of  it.     As  GW 
does  every  thing  in  weight  and  meafure,  that  is,  to  the  perfedion  of  its  k;nd,  and  as 
comports  with  fo  matchlefs  a  Matter  -,  fo  do  thefe  comply  with  whatever  may  be  auxi- 
liary to  them.    Fit  objects  to  work  on,  fit  fubjeds  to  wo  kby,  fit  me  hods  to  work 
in,  fit  time  of  produdion,  fit  rewards  to  inftrum'ents,  fit  menace  to  oppofr.es  ;  fo  great 
matters  ofxliligence,  and  fo  cunning  enquirers  are  they,  that  they  ferve  times  and  men 
till  their  Mine  be  ready,  and  then  their  a'rrows  are  at  the  mark  before  the  biow  is  pre- 
vented: what  pofungi  for  intelligence,  whit  penfions  to  falfefer-     See  my  D  ■       C    f  th    V 

vants,  what  fubornatiOhofCabinec-counfel,  what  proftitution  of    D,,J      j~?    > '-  './'#/' 
fV  ,.         r   .  r.  ,r...  policy,  ana  Charity,  ff  elder 

conieffions,  what  depreda. ions  of  territories,  what,  inhne,  ^ara-     .-,  ,     ,<     -L\  v 

niquefubnlty  does  the  men  of  this  World  ad,to  bring  to  pafs  their     7'','        tZ  ChnP"""  > 
j  ,        ,    t  tA    •«„  ,        _  „.',  ,.       b    ,v  ,        I       Printed  Anno  1 6 c 3 .  . 

defires?    Let  the  fadsofC*  far    B»rgia,  RichtUeu,  and  other  the 

great  Cormorants  of  Chrifiindoms  policy  difcover  •  yea,  fu rely  the     H'podfcm  Ncuftti*,  f.t7S, 
carriage  of  that  terrible  Duke  of  Burgundy,  who  colleded  all  the    »°«D«fced' *»*♦,.,.,«, 

venom 


z68  A  Commentary  upon  Fortes  cue. 

venom  and  poyfon,that  was  in  the  filthy  matter  bideadSerptnts^corpkns,  Adders,  and 
other  mifchicvous  Creatures,  and  threw  them  in  barrels  into'C«/«  e ,    on    purpofc  to 
poyfon  the  Souldiers  that  held  it  againft  the  French,  and  by  poyfoning  the  inhabitants 
render  it  imerable.     J  fay, let  the  prudent  love  of  children  of  the  world  to  the  world, 
be  calculated  by  this,  and  'twill  appear  to  be  prudence  with  a  vcngear.ee,  though  it  be 
but  that  of  their  generation,  in  which  they  oncly  are  re'tfir ;  O  my  foul  enter  not  thou  »»- 
TA    A    I      t0  tbtir  ftcrtts  j  O  my  God  give  me  not  a  portion  with  thefe  men  in  their  dtlicates  j  /it  me  be 
The  Authors  mnf  Qj  f  ^  wyj..wrW)W,^  aogt  iown  tnto  Helljkecaufe  t  key  forget  thee  j  but  viuchfafe  me 
Frtjcr.  that  prudence  of  the  Serpent,  that  may  prctell  me  from  being  harmed,  And  th*t  innocence  of 

theVtve,  that  may  k'tprntfrtm  hArming  others  •,  And  let  my  foul  tver  prefer  honefly  to 
policy  y  And  to  fare  my  felfwtththy  fools,  father  then  to  perifn  with  the  fVur Ids  wife-men; 
D'Arila./,s«s.    whofe  Death-beds  have  no  comfortablcr  notes  then  thofe  of  Dcfpair,which  Wtlfty  utte- 
red,  O  that  I  had  ferredmy. God, as  faithfully  as  I  have  dene  my  King,  then  hcVeculdntt 
have  forfaken  mt  inmf  dijlrcfs  as  the  King  doth:  or  as  thofe  in  fVifdom  are  broughc  in 
groaning  for  anguifli  offpint,  and  faying,  This  is  he  whom  we  hadfometime  in  derifien, 
Wirij.j,4,j.     and  a  proverb  of  reproach.     We  fools  accounted  his  life  madnifs,   and  his  end  to  be  without 
honour.     How  is  he  numbred  Among  the  children  of  God,  and  his  Lt  is  among  the  Saints  ? 
This  I  no  further  profecute,  though  it  were  worthy  fomc  further  Difcourfe,  becaufe 
it  is  the  Gangreue  of  the  Age,  which  has  fo  prevailed  againft  the  fsverity  of  piety ,  that 
there  is  nothing  feems  more  to  be  a  man's  reproach,    then  to  be  of  priftine  iimplicity  » 
fo  far  are  men  declined  from  that  Chriflian  candor,  and  plainnefs  of  meaning,  that  they 
feem  to  fay  that  to  Religion  and  honei'ty ,  which  Pcpiliu.s  did  to  his  friend  King   Antio- 
itttfat  frh*t*  chus,  when  by  the  ic«»<i».r  he  was  fent  Ambafladour  to  him.     While  we  have  to  do  in 
'ul'ZtamJ "m.  bufinefs,  let's  do  that  without  either  thought  ol  God  feeing  or  hearing  us  in  our  Coun  • 
I'ti*.  Ms,  and  lay  Confcience  behind  our  backs,  while  this  that  fo  highly  concerns  us  toef- 

fed,  be  continually  before  our  faces.  But  God  undoubtedly  will  meet  with  this,when 
he  befieges  with  his  terrcurs  thefe  Worldlings,  and  reduces  them  tofuth  ftraights,  that 
they  (hall  be  glad  to  relcafe  all  their  confidences,  to  obtain  a  minutes  cafe ;  and  when 
it  is  too  late,  cry  out  defpairingly,as  Ljfimachus  did  ^  Ofor  how  fmai  andfhort  a  pica- 
fure  have  I  loft  a  Kingdom ,  for  how  vain  an  humour  have  Ipafied  away  Heaven.  This 
(hall  be  the  portion  of  thefe  Politico*  stf  they  mifs  temporary  difgrace  •,  which  fome  of 
them  have  not  done,  as  in  the  following  words  appears,  which  returns  me  to  the 
Text, 

Sic  Jezabc\fcelcratiflirna  tefles  duos  filies  belial,  contra  Naboth  in  judicio  frodnxit,qu» 
iffc  vitAm  ftrdidtt,&  Ahab  Rex  ejus  vine  am  pojfidebat. 

This  Claufe  is  quoted  out  of  i  Kings  n.andit  hath  a  notable  Narrative  of  an  inno- 
cent Subject  oppreffed  and  murthercd ;  and  that  not  by  aflaflination,but  judicially,  and 
according  to  the  precifenefs  of  the  appearance  of  Juftice  j  and  three  things  are  narrated 
in  it  •  Who  was  the  profecutour,  That  the  Text  fays  was  fezabel,z  Woman  by  Scx,and 
a  Queen  by  Dignity  ,  but  no  honour  to  either:  for  it  adds,fhe  ws  feeler  Atiflim  a  :  Then 
quomodo,  how  (he  brought  this  artifice  about  to  reach  NAboth's  life,  duos  ftios  belial , 
contra  Naboth  in  judicio  produxit:  thirdly,  in  quern  finem,  fhe  did  this-,  that's  double, 
firit  that  NAboth  might  die  a  Malefa&or,  and  then  that  AbAb  might  have  his  Vineyard, 
as  his  Efcheac. 

fczabel  fccleratiff,mA~]     This  Lady  was  Wife  to  KitigAhab,  a 
r  King*  16.- si.  Womanof  a  bufie  humour,  and  mafculine  fpirit ,    as  appears  in 

mfru^um  w*  £Mi  «***.**&■  *hc  ™picty  of  her  life,  and  the  tragicknefs  of  her  Counfcl,  whom 
mum,  &  ft»s  <j**m  dtap/nt  mttiticjum,  Satan  (of  all  her  Sex)  culled  out,  as  the  molt  accommodate  Engine 
/.  Matiyr.inReg...  zi.  for  feduftion  and  cruelty,  that  the  World  in  her  time,    or  in  any 

Ktv.Lio.  time  after  incarnate    h?.d.  In  alluf.on  to  which,  the  Holy  Gholt 

charges  upon  the  Church  of  Thyatira,  that  fhe  fuffered  the  Wo- 
SJ^tSutt2!£2't:    wn  7 «*'«■  to  teach,  and  to  feduce  his  Servants  to  commit  form- 
hjpj  ftUtutu  fwttmnat mafuUK*\m  tus     cation :     the  alluf.on  being  to  this  very  woman,  who  becaofe  fhe 
fZfTiktctM»'yz  'm  {7iciI"'Jl/U'    was  a  SidonUn,and  a  worfhipper  of  £-w/,brought  in  the  worfhip  of 
'  Baal  into  Jfrae I,  and  ftirred  up  her  husband  to  profecute  the  Pro- 

phets of  God,  whom  by  his  authority  (he  is  (aid  to  cut  off.    Now 

this 


jf  Commentary  upon  Fortescue. 


2.69 


this  woman  being  fo  rare  and  fubtle,  whom  nothing  would  conrent,  but  Tyranny  in  the 
State,  as  well  as  Idolatry  in  the  Church,  having  always  in  lier  mouth  that  of  Caracal- 
At*  Mother-in-Law,  ln,p:ratcres  dare  Irgcs  nm  accipere  ,  and  veiling  her  husband 
fhould  rule  over,  raiher  then  rule  by  the  Law,  is  here  termed  by  the  Text  fee leratif- 
fima. 

Sccleratijpm*~\     Notasan Epethiteofdedecoration  to  Women,  themoft  tender, 
delicate,  delectable,  obliging-,  yea,  theonely  Ihamx- part  of  the  Creation  ^     that 
which  the  lather  of  men,  inrocent  Adam  ^on  Cod's  tirft  prefenra- ' 
tion  of  -Ez-t ,  termed  tent  cf  his  fox?,  and  flefij  of  bis  flejh  ,  him- 
felf  in  another,  and  i  !v.d.\!moft  faid  better  Sex-  and  ever  fince 
hisSons  and  Male- Pofterity  have,    when  they  have  donemanlily, 
and  virtuoufly.dottd  on.No  fuch  opprobty  then  is  our  Tcxt-Mafter 
guilty  of:  nor  were  hewould  his  Commentator  fuffer  fuch  his  rhi- 
itake,  it  he  could  be  guilty  of  it,to  go  uncorrefted.So  much  a  valuer 
am  I  of  ihat  incomparable  Sex,  in  gratitude  to  thofe  excellent  Pair 
of  Virtues,  wdl  once  in  that  Sex  1  fiicceffively  could  have  called  mine 
own.     And  the  memory  of  the    laft  of  which,  Lfhall  mournfully 
carry  to  my  grave,  as  the  S  H  E,  whofe  perfon  alive  was  my  de- 
light ;  and  her  memory,  now  dead,  my  joy  to  have  had,  and  my 
grief  to  have  loft.     I  fay  no  fuch  Fpethite  has  the  Woman  here  in 
the  Text  for  her  Sex  fakc;for  that  has  produced  matcblefs  Htroickf* 
divine  Prcphctefics,  fertpbiquc  Illuminates,  perfpicacio/ts  Oracles  , 
hartKuniotts  Syrens,  what  not,  that  has  been  Heaven  en  Earth, Spi- 
rit in  Eiefi,  Merit  in  Mortality,  as  the  Authours  that  have  ho- 
noured themfclvcs  with  treating  on  them.have  abundantly  evinced. 
LutftieisbyourChar.cellour  called  lb,  as  the  is  degenerated;  of 
fweet  become  fowr,   and  of  gentle  and  foft,  perverted  by  Satan 
into  a  turbulency  ar.d  bloudinefs  of  nature.     As  the  is  anoihcr 
^TulLia,   Meffalina,  and  another  {a)  Con(lantiay  whofe  influ- 
ences are  to  confirm  in  evil ,   not  withdraw  from  it.    This  Lady 
fo  ingeniouflyfavage,  and  zealoufly  terrible  in  the  defigns  of  her 
mind,  and  execution  of  her  Minifters,  is  by  eur  Text  called  See  It- 
ratijfima.     Sceleratr.sin  quofccles  fit  confiittttum,  fed  com  miff um, 
faith  Devatut.    Tally couples  Irrpurm  with  Sceleratus  ;  and  if  in 
the  pofitive  the  word  be  (o  fignikeant,  what  degree  doth  thefu- 
perlativc  import  ?    Surely  no  lefs,  then  that  ihe  wa9  neejuitU  ante- 
fignanui  -t  or  as  the  Hi  'y  Gh>ft  brands  her,  when  he  fays,  Ahab  (old 
himfelfto  deVnitkfdnefs.     He  adds,  whom  Jezabel  his  Wifeftirrcd 
up,  andmadethecaufcofmultiplyedmifchiefs.    lor  this  Sex,  as 
in  itsintegrity,  'tis  the  Womb  of  all  fweetnefs  and  traftability  •  and 
not  onely  civility,   but  alfo  Chrillianity  ,  has  beenulheredinto 
Nations  by  their  fair  handi,ar.d  at  their  influential  intreaty :     fo  in 
the  degeneration  ofthefe,  are  the  darkeft  nights  of  turpitude,  and 
the  deepeft  V/oads  of  malice  tinctured.    We  fay  there  is  no  mur- 
ther,  but  a  Woman  is  in  the  company  of  it;  and  when  all  the  inftan- 
cesofacruel/Jf  were  loft  ,  one  might  draw  the  portrai&ureofit 
mod  livehly  from  ih\sfceleratiffima  here,  who  like  that  <y£tolicjtfc 
Woman  in  Plutarch,  was  as  cruel  as  if  fhe  had  accompanied  with  a 
Dragon.ircm  whom  (he  learned  all  tmculency.    Tor  fhe  was  not  onely  an  active  and 
byfie-fpirkedLrdy  in  difcourle  and  influence  on  every  perfon ,  and  every  thing,  but 
Ihe  was  ore  That  thorght  her  wit  more  regal,  then  that  of  her   husband-  foveraign  -, 
whom  v.hen   flie  fees  dejected,  becaufc  modeftly  denied ,    what  earneftly  he  de- 
fied, fhe  ca/cfTesincrepatorily,  Art  thou  my  Lord  Ahab,    quoth    flie,    a,    King, 
and  ml:  thou  he  denied  ?     is  there  any  thing  that  Ifrael  has.which  Ifraefs  Monarch  fhali 
not  command.     Let  me  but  ufe  thy  name,  and  thou  (halt  have  thy  pleafure,  and  make 
the  Ccntrarients  to  thee  pay  dear  lor  theirirfolence.     Do  but  now,   my  Dear,   own      ' 
me,  and  ricfett'ithe  vineyard  and  his  life  with  a  vengeance  that  holds  it  againft  thee.    r0llM 
Hasthou  his  Lord  and  Mailer  ask-.d  it  on  exchange  or  purchafej1  and  gives  he  thee  no 

2  z  better 


e^aein  TSf%htZa$Jiv  ■      DiShth 

Athleta?  c.pnd  Plutarchum,  Lie. 
De  Cu  riofitatc,]*.}  ^  i . 


My  twde-r  Wives,  Maty  aid  Flieabctn, 
buried  and  lymt  m  St.  M.Magd.Milkftrtet, 
London  ;  it)  tshnfe  memory  ,  /  intend, hu  •» 
fecend  and  mure  durable  Muniment. 


IXavifius,  De  Claris  mulieribu?. 
BJchardus  Di;iothus  ,   DC  rebus  &  faflis 
mirabilibtis,  lib  7   c.  1,5,4.' 
Fabianus  JuftinianiK.  i»  indite  untvtrfaH. 
Plutarchus,  in  Lib.  De  rnulieiuin  viuuti- 
bus.j>.  x4j. 

%  Tatquinius /»/>«■£«  iTullia  incitatns, 
adiacaf  Stnatlt  rejnnm palernum  repelcre 
tdfit.  Aurtl.  Viftor.  De  Yit.  llluftti. 
f.  491.  Aug.  Script.  , 

(*)  Murium  fuifte  untxr*  crndelem  *i 
imnt  faatiHS  prodivtirem  reddidit.  Culpini- 
anu5. 


E*  er*l  fervidis  tdmednm  tfterisqiee  man- 
tries. 

Jovius.  Oe  Elifa  matte. 
M.  sro;tix,r»  visa  Sfortix. 
Stelertaa  caflr*.  Sueton  m  Claudio.c.T. 

VicMsfeelerMMs  Autcl  Viftot.   inTulIij. 
p.  491.  Au;.  Sctipc. 

Etfeeteratu  Ji^nAistr  nomine,  t^Hjt  proficifcen- 
se:  mprt.'inmpmi  dsmifit.  1  Flatus,  lib.  t. 
c.  11. 


MefTalina?  astoque  cmortm  fiagYaniifiimuxl 
ran  ism  indtgmsdte  tontumeliarua,  qteeimfe- 
richli  rnesti  abjecit.(w*  adulters  Silio  acqmri 
impeniim  credidiftet.  Sueton.  in  OUudio. 
c.  5«. 


Plutarchum  Lib. 


Defolcrtu  animaliuti] 


xyo  A  Commentary  upon  Fortes  cue. 

te/.  is-is.  better  anfwer,  then  a  God  forbid,  that  I  fliould  fell  the  inheritance  cfmj  J-'^htrs;  a  Law 
indeed  good  againft  private  perfons,  but  not  againft  the  King,  whom,  becaufe  he  knew 
not  bow  to  obey.he  fhall  ere  long  be  ruin'd  by.  I  his  is  the  fum  of  her  fpeech  and  ddign. 
But  this  is  but  the  apertnra  to  her  wickednefs :  that  which  confirms  all  the  does,  u  the 
King's  Seal,  with  which  fhefealsLctteis  to  the  Elders  or  Heads  of  feared  a1Tn, 
the  Candidates  or  Nobles  thatwere  clad  in  white.  for  fo  of  old  they  were  (  white  be- 
ing a  token  of  Dignity.  )  To  whom,  fofoonas  the  Regal  Mandate  comes,  all  obe- 
dience is  given.  And  fo  Nabothcmzx%  on  danger  by  a  wicked  Woman,  wickedly  de- 
figning  her  revenge  in  bis  mine.     So  arc  the  words, 

Teftes  due  plus  Belial  ■contra  Naboth  injudicio  produxit. 

A  formal  trial  it  muft  be,  and  but  formal  ■,  for  Naboth' s  vineyard  bad  trade  him  cri  - 
minal  before  accufed,  and  fcz.abel's  malice  condemned  him  before  found  guilty  ;  Wit- 
neffes  there  mult  be,  and  two  ■,  three  Jofephus  will  have,  which  Grotius  fays  was  ufual 
l^uu^U'mmUPonaVeT^ouo^nolei  &  Nafothvizs:  but  alas,  they  are  loofe  profligate  men,  that 
Tt'r^mn^.  know  not  what  they  ought,  nor  care  not  what  they  do  fwear  -,  fomctlung   they  muft 
Gtotiui«/«.     depofe  to  convict  him,  and  they  boggle  at  nothing  Jezabel  will  put  them  upon.  Thefe 
Ruffians  and  Monftcrs  that  defie  all  Confcience,   Seducers,  Dent.  13.13.   2Sam.zi.i. 
wen  of  violence  and  hubbub,  Judg.  19.22.  Chap  20.13.  of  unrfeanntfs  andbeafllj  igw 
•   ranee,     1  Sam.*.  1 2.  defpiftrs  of  God  and  his  appointments,   1  Sam.  1  a  27.  c  hurlifa  and 
,       rude  Monfters,  1  Sam.  25.  17.  2  Sam.  16.17.   Thefe  are  the  ^^V      '3,  the  men 
at  large,  that  fay  their  tongues  are  their  own  ■,  thefe  arc  the  Witneffes.     And  they 
are  faid,  in  judicio  product-,  becaufe  they,  in  due  form  of  Laws,  as  the'prctence  was,do 
accufc  and  evidence  againft  Naboth.  The  word  Witnefs,comes  from  *l-iy  depredari  & 
expoliari;  not  to  right  him,  if  Jufticehe  had  on  his  fide  ^  but  to  fpoil  him  of  his  life 
and  fortune.    'Twas  before  fuch  a  High-Court  of  Jufiice,  as  David  the  King  complain- 
ed of,  Pfal.llO.  61.  the  Bands  of  the  wicked  Tl^  -have  robbed  me.  But  Rabbi  Him- 
ruanuel  reads  it,  dolorcsimpiorum,idejl,cjuibus  me  officiuntimpii,expoliavcrut;t  mc  bonis 
mundi.     For  what  fezabel  had  contrived ,  thefe  were  to  make  oath  of,  and  that  with 
bold nefs, and  in  affront  of  Naboth's  innocence  •,  for  fo  our  Text  fays, they  were  produ- 
ced,eentra  Naboth  in  judicio.     And  that  not  to  fine  and  imprifon  him,  as  a  man  difaf- 
fected  to  Ahab,  and  asone  who  was  ruftiquely  ftubborn,  and  contumacious  to  Ma  je- 
fty  ;  but  as  a  Mifcreant,  neither  fearing  Godh  nor  regarding  the  King.     For  of  blaf- 
phemy againft  both  they  do  accufc  him,  and  fuch  by  oath  make  good  againft  him  -,  and 
thereby  that  of  our  Text  is  confirmed. 

Sluo  ipfe  vitam  perdidit  &  Achab  Rex  ejus  viueam  peffidtbat. 

fezabel  gave  the  counfel,  to  falfly  impeach  him,  and  by  Witneffes  of  ratification  to 
fentencc  him  ;  fo  is  the  Holy  Text,  vcr.ic.  And  therefore  the  murther  of  Naboth  it 
attributed  to  fezabel  •  God  faw  fhe  made  ufe  of  her  husbands  name  to  colour  her  vio- 
lence and  eppreffion.     And  he  that  hates  wickednefs,  though  he  fuffered  it  for  a  while 
to  prevail;  yet  punifhed  it  throughly  on  the  injurer.  It's  true  Naboth  loft  his  life,  for 
Blafphemy  was  ever  capital,  Lev.ia,.  14,1 6.and  that  the  Sons  of  Belial  witnefTcd  againft 
him,and  to  entitle  their/*/  to  the  vineyard  of  him,  when  in  law  defunct  they  depofe  alfo 
his  Blafphemy  againft  the  King,  which  being  made  good,  for  the  blafphemy  againft  the 
King,  is  a  blafphemy  againft  God,  (whofe  Vicars  Kings  are,  and  by 
Pofftde  vine  am  ~]  Titulo  coufif-     htf   e  power  thej  raign)  all  Naboth  had  becomes  forfeit  and  feizable 
cationis,  qua,  apud  Hebraeos  to-    into  the  King's  hands,  as  efeheated  to  him,  fince  cajpital  offences 
cum  habebat  in  omnibus  delitlis    corrupt  bloud,  and  leave  no  heir ,  but  are  cafualties  to  the  Crown. 
adverfus  Regiam  Ma'yfiatem.     Thus  is  Naboth  ruined  in  perfon  and  poffeffion,  and  that  by  ?ez,a- 
Grot.  in  locum.  bel,  who  may  well  be  termed  a  Woman,  labouring  vith  an  inpr- 

Luke  7.  ntitj  of  blond,  not  in  the  Gofpels  fenfe,  but  in  a  worfe  fenfe,  pra 

gravitate  peecati  de  or  fum  Vtrgentcm,  &  depreffam  ,      as  Ntctt  in 
in  Greg.Nazian.  NaziattK-tu  comments   on  that  of  the  Gofpel  ■,  a  Woman  who  had  no  temper,  no  com- 
out.41.  H.       pafljon  in  her,  but  was  made  up  of  fulminating  and  fiery  principles,  thinking  power 
not  wortluhe  having,  if  it  might  be  in  any  thing  capitulated  with  or  denied-,  wherein 

by 


A  Commentary  upon  Fortes  cue.  271 

by  the  Law  ofits  own  constitution  it  denies  it  felf  ■,  and  thofe  not  worthy  to  live,  who 

would  live  happier  then  tyranny  would  allow  them  to  do.    So  true  is  that  of  Tacitus, 

Trucidare,-apere,falfts  nominibus  important  appellant.      Bat  alas  !  fond  Lady    that  fhe 

was,  who  Jpur'd  Ahab  to  fuch  cruelty  :  Better  be  no  King,   then  a  King  of  terrour 

and  trucidation  ,     better  have  no  deiire  gratified,  then  to  have  ic 

by  the  fpoils  of  innocence,  and  the  preys  of  cruelty,  asDomitian     ^Erumm  fab  Domitiano  yfoW<«*  «- 

had  ,  and  as  Ahab  here  had  •  for  which  God  fore-told  a  plague  on     <"""  er*^*^fu  rr*d*r»>»  /«*»  »• 

..',  ,    ,    .    _         I'll  r         ..  j  \i       u        ttpuculMM.    Pun.  <•«<«  Giotium,  <>>c.ii. 

him,  her,  and  their  1  amily,    and  that  of  extirpation   and  deatn,     /,,.  lRes, 
even  in  this  very  portion,  that  thus  injurioufly  was  evifted  from  f 

Nibeih,  v.  1 9,&  23.  of  the  1  Kings  2 1  .and  fulfilled  by  Jehu  God's  . 
Executor,  2  Kings  9.   So  true  is  that  of  the  poet, 
De  mure  quafitis  vix  gaudet  tertinshsres. 

Sic  dttornm  etiam  Judiattn  trftimonio,  mortua fuijfet pntotdulterio  uxor  caftiffim*  Su- 
ianna,  fi  non  earn  miraculofe  liberaffet  d'/ninits  inexcogitabili  prxd.utia  quam  x 
wit  urn  nun  habuit  fair  junior  non  ditm  at  ate  proved  its. 

This  inftance  is  out  of  that  part  of  Apocrypha,  entituled  Sufanna  •, 
which  though  fome  prefix  to  Daniel's  Prophecy,   upon  defign  pro-     "•"  **«*  3udaei  *in  tl«"  n'i'""' 
bably  to  impa.r  the  credit  of  the  Canon,  by  ad  junction  of  fome-     Grot"1 "' 
what  to  it,  dubious:  yet  others,as  our  late  Reverend  Tranflators  .   . 

alfo,  ftt  this  Hittorj  apart,  from  the  beginning  e/Daniel,  becauft  it     See  the  Title  of  this  Book.  t»  our 
is  Mt  in  the  Hebrew.     Our  Chancellour  here  ufes  it,  to  make  good         Bibles. 
this  charge  againft  two  Witneffes,  where  no  other  chcumftances  or  . 

preemptions  are  admitted,  to  invalidate  the  teftimony  of  that  num  -     ^S^  'SS*^ 
ber,and  where  it  is  malicioufly  contrived^and  as  in  the  former  quo-    M/f«A  dot.  m.i. 
ration  he  difcovered  two  Witneffes,  fuborned  by  a  leud  Woman  , 
againft  an  innocent  man  •,  fohcrehealleadgcsonechaftc  Woman, 
acenfedby  two  leud  men,  and  like  to  die  upon  their  falfe  teftimony.     The  Story  has 
many  paflagesinit,  opprobrious  to  vicious  and  cay  tiff  old  age,  laudative  of  chaltand 
innocent  youth,  attributive  of  the  miraculous  detedion  of  both,  by  God,  who  onely 
judgeth  rightcoufly.    Theperfonsconcernedinthisftory,  are  of  three  forts  •,  the  con- 
trivers of  the  Plot ,  thofe  arc   vers  8    faid  to  be  the  two  Elders:  the  perfon  againft 
whom  the  Plot  is  contrived,  that  is  againft  Sufanna .-   the  conviction  of  the  falfe  Evi- 
dence.andaccufationof  the  Elders-,  by  the  wifdom  and  integrity  of  one   more  righteous 
then  thofe,  whofe  fpirit,though  a  youth,(7<^ftirred  up  to  difcover  the  in»poftry,v.4$. 

Dnorumfennm  etiam  fudicum  tefiimenio  ~\    Two  for  number  to  make  the  teftimony  Hebwi  nunquum 
legal,  Elders  by  quality  to  make  it  credible,  and  oafs  unfufpefted :  Of  the  number  M"» hr"'.  *"- 

•   L  l  <•  1  ,1      11  ■  ii-  1  „        tuuti,  *»tbmis  . 

two,    I  have  written  heretofore,  and  now  fhall   onely  touch   their  quality    Se-  juFot«4»t  u  4, 

num  'etiam  fndiciam)    In  the  fifth  verfc  'tis  faid,  There  were  appointed  two    of  the  *f'p">  ';«'. 

aneients  of  the  people  to  be  Judges,  where  ancients  or  elders  do  not  alwayes  fignifie  fuch  1*'  "M  , 

in  yean '  but  moftly  men  of  dignity,  place,power,worfhip  ard  wifdom  who  are  faid  to  "^^r^'ri 

be  f enures,  tjuia  prefumnntw  efje  faniores  :  Thus  the  word    Jp?  coming  from    Jj?]  £"J* 

barb*,  fignifies  a  man  of  yea  s-  becaufe    fuch   ufually  arc   bearded,  and  wore  ic 

very  long,  as  yet  perfons  of  degree  do  in  the  £*/??>•»  Countreys,  and  anciently  did 

with  us  here;  yet  it  alfo,  and  ordinarily  denotes  place  and  refped,  fo  Gen.  to.  veife 

rbe  feventh  Jofeph  wen:  up  to  bury  his  father,  and  with  him  went  up  11T3   ^pl 

?"?.**    V.P?  The  Elders  of  his  htitfe  and  the  Elders  of the  Land.     The  Elders  were   the 

Peers,  heads  of  Tribes  and  leading  men  of  the  land,  by  realon  whereof  in  all  great 

affairs  they  were  confulted  with,  hence  thofe  fcriprures  Joel  1 .  14.  Ruth  4.  9.  jxoJ. 

3.   16,  1 7  c.  v.  5.   Lam.  1. 1 9.  and  others  in  all  which  the  Elders  were  ftne  qua,  nm's 

to  all  affairs  of  import. 

The  Greekj  called  chefe  v^ttCu'rifoi,  which  is  thecaufcthe  70  read  Jpl  by  it  and 
Suidxs  terms  rft($6rtf&  TiiuolneQ- pitytr;  and  hence  was  it.that  when  the  eiprefled  ;f.tfiT,  Ao-y* 
any  one  of  ancieHt  extraft  and  noble  quality,  they  termed  him  by  tins  word.  Tbasj^.^&Jft/ 
•wM<^u'r5f©-K»/{«,  onethatwasfodifpofedropublickfpiritednefs,  thathe  with  Co-  £  $  jf 
dms  fpend  and  be  fpen:  for  ir,  thus  Xenofhin-t&ut  the  word,  and  thus  the  term  Vres-  \?.gCv-n^u 
bjter  is  attributed  to  the  confummate, order  of  Miniftcry  called  Priefthood,  which  we  uciien4, 

Z  z  a  know 


lyz  A  Commentary  upon  Fortescue. 

sptl.c«neii  «»•  know  is  conferrable  on  men  of  thirty  years  old  or  under,  which  is  no  old  age, though  I 
7ie.O-r>f>,f.x6i  confcf$j  morcufually 'tis  taken  for  men  of  good  and  great  years,  and  as  a  notation  of 

Antiquity  ,  and  Plutarch  ufes  the  word  <w^sfiv']a.T@- :  fo  in  thofe 
inSjmff*'-  words,  "iKTOif  irfi<rlivl'ims  Sfeu  lay  Q-av  ■  and  Philo,  when  he  calls 

Philo,  iit.j.    DcViuMobl.  .1.    c         »  '     «i         *  \  /.'itf  aJTt         l 

tnenre  *f#j«x»i«/«r  tunor  x,  *fifCvj*loy  ifysr.     And  10  I    take 

the  phrafe  here  to  intend  that  like.as  vj.  Wickednefs  is  faid  by  God 

S.;;^^  who  feemed  to  go- 

nn*m  &  digniuum,  iitniL.  Edvatdi     vern  the  people.     So  here  were  two  antient  Judges,  A Idcrmc u,  hoc 

confefi.  f.  u.  jn  tnc  Saxon  fenfe,  wr h  c/>/>/ty  of  wifdom ;  but  in  the  Scripture  fenfe, 

wr»  of  years,  old  enough  to  be  wifer  and  honefter,then  herein  they 
proved  themfclves,/»*«  age  is  chiefly  honourable  jcmhin  it  is  found  tn  the  way  of  right  eouf- 
nefs.    Which  it  was  not  ,God-wot,in  the  perfos  projecting  thefc  villanies  ■  for  though 
God  had  weakned  nature  in  them,  and  they  were  rather  like  deferted  Caftles,  Monu- 
ment! of  Nature's  declenfion  ■,  though  the  Sun,  and  the  Motn.and  the  Stars,  were  darke- 
ned in  them  ,  though  the  Keefe/s  of  the  houfe  trembled  ,  and  the  ftrcng  men  bowed  them- 
c«*7."f        felvesintbem,  and  all  thofe  juvenile  ornaments,  which  by  ages    ajfault,  do  fuffer  eclipfe, 
were  on  them,  as  the  defcription  of  Solomon  elegantly  fets  it  forth  ;  yet  are  thele  fully  fet 
on  fire  by  the  luft  of  their  minds,  and  the  turpitude  of  their  fpcculative  lubricity,  to  at- 
tempt that  on  the  chaft  perfon  of  Sufanna,  which  was  vild  and  vicious  in  men  of  youth, 
and  royftcrs  of  deboiftnefs,  but  in  aged  and  judicial  gravity  is  abominable,  faa,  dr'CM- 
t©-,   &c.   A  wicked  old  man,  at  a  worn  out  light ,  is  good  for  no- 
•jtfuiiw\amm.Strmi^i  thing,  faid  Plutarch :  yet  where  Youth  has  been  villainous  and  de- 

boift,  fjui-xt*  »»xi<t«  ivmt,  &c.  Cufiem  in  fin  has  made  even  the 
S»DftujBifiliM,«/iiK<Eundem.  Winter  of  old  age  bud  afrefb  with  luftful   Blojjems  ;  though  they 

have  been  incalid,  and  fo  not  arrived  to  any  perfection  of  naughti- 
"A»Si(T^f  ImtvpUii  -\v%  *mn  nefsaftive^  yet  have  they  been  the  fame  (ins  before  God,  as  if 
tu  n  out**!®- diciMuxefrv  (*mk*i  afted,  and  greater  too;  becaufe  fore-thought,  and  applyed  to,  by 
(Mfaivo/ltti.  Evagrius««p«^Sto-  all  the  experience  and  counfel  many  years  life  adminifters  to.For 
bx\iva,Scrm. i6$.  then  onely  are  men  of  old  age  worthy  reverence ,  when  exempla- 

rily,  and  not  to  the  fcandal  and  fedu&ion  of  youth  they  demean 
*o«k  jSrearai^it  i»  r*r  fitr  them  ,  which  if  they  do  not,  they  are  the  more  ridiculous  and  ab- 
i0.T*yOutr'»Ti(tt  %rtu.  Sandus  furd,  as  were  the  Elders  here,  who  plotted  againft  Sufanna :  and 
Chryfoft.  *sW  Stobacum,  165.     thereby  not  onely  finned  tgainft  God,  their  office,  their   years- 

but  alfo  did  a  folly  like  him  in  Seneca,  who  did  exaftk  via  viati- 
u  w<tf.,DtMoiibus.  utdg.  c«».4.  tnm  esuartre ,  which  Erafmns  wittily  applyes  to  old  Age's  cove- 
ch.j.^idtf.ts'f-  »•  toufncli;  which  the  lefs  time  it  has  to  live,  »he- more  felicitous  it 

is  to  provide  to  live.  And  I  apply  to  Luft,  and  carnal  follies,  which 
TWitai«c«on.Mn«.       .  had  the  fame  fatuity  in  the  raign  of  thefebefotted  and  luxurious 

Elders  jNho  plotted  the  execution  of  their  villany  on  a  chaft  Woman,  and  worthy  Wife 
Sufannd,  who  is  the  fecond  perfon  in  this  ftory. 

Vxor  cafiijftma  Sufanna  J  Three  words  of  our  Text  pointing  out  her  pcrfons  name, 
her  minds  virtne,  her  relation  and  ftate  of  life.  Concerning  names,  to  write  at  large, 
would  be  cndlefs  ■,  divers  Authours  have  purpofely  done  it,and  foroewhat  I  have  touch- 
ed of  it  iri  the  IntroduRion  to  this  Comment ;  That  names  were  ufed  ever  ,  and  are  at 
this  day  every  where,  is  plain  ,  and  that  by  the  wifdom  of  the  humane  nature ,  to  di- 
ftinguifti  perfons  and  things ,  and  to  nourifli  order,  converfe,  and  fociety,  is  plain  alfo. 
And  I  fuppofe,as  plaiu  it  is,that  Sufanna  is  not  an  Hr^.buc  a  Greek,  or  exotique  name. 
There  is  in  all  Scriptare  but  once  befides  here  mention  of  it  ,and  that  is  Luke%.  3 .  where 
amongft  thofe  Women,  that  had  been  healed  of evil fpirits  and  infirmities,  Sufanna  is 
one  •  by  which  I  may  con  jefture,  that  as  probably  the  name  was  given  to  perfons  of 
excellency,  and  bodily  beauty  ■,  fo  were  fuch  named  perfons,  troubled  with  impure  fe- 
licitations, the  ufnal  temptation  and  attendant  of  rarity  and  tranfeendency.  And  if 
they  are  not  injured  by,  and  prevailed  on  from  thofe  fubdulous  and  captivating  infinu- 
ations,  'tis  by  miracle  of  mercy,  that  referves  them  to  their  future  confpicuity ,  as  in 
the  cafe  of  the  two  Sufanna' s  jthe  firft  whereof  is  \hcfhe  of  our  77*?,who  is  fet  forth  in 
the  ftory  of  htr  to  be  fair,  v^kUm  fffifyt,  a  beauty,  i&tit  ii  7'tKioy  <ri/pp<7£?i',  faith 
,  >uft  Suidat,  to  have  no  diffroportion  in  her.  Hence  the  Septuagint  render  that  place,  (God 
fat*  tvtry  thing  that  he  had  made,  and  behold  it  was  good,)  by  ^a«  Aiar,  that  is,  it  was 

fuch 


^Commentary  upon  Fortes  cue.  ij$ 

fuch  as  snfwered  the  perfection  of  its  kind.'     That  then  in  S  of  Amah,  here  termed  good 
ocfair,  is  a  beauty  of  body  and  gate,  offpeeth  and  utterance  -,  a  Jewel  fhe  was    in  ns-*°v  <&  «Y«? 
flefb,  and  one  that  feared  God,  and  as  a  chad  Wife,  made  her  hmbandthe  covering  of  *5  ?»  f'' 
her  eyes.  o4e»s  »  JV 

Vxer  caFtiftwat2     As  (he  was  honeftly  born,  the  Daughter  of  Chilchias,  and  vir-  Awn<»^v. 
tnoufly  bred,t/(rr.3.   taught  according  to  the  Law  olMofes .-  So  was  fhe  wealthily  mar-  Suidas  in 
ned  to  Joachim,  a  very  rich  and  hofpitable  man  in  BabjLn.     And  as  to  him  ,  (he  was  K«^r. 
obliged  by  vow  •,  fo  to  him  did  fhe  keep  by  refolution,  and  from  him  could   (he  not 
turn,  without  b'emifh  to  her  v  irtue,and  lofs  to  her  happinefs,/«r  he  Was  more  honourable 
then  *&tthers,v.4.Theic  Charms  notwithstanding  on  her,their  luft  endeavours  to  entice 
her  to  avoid  ;and  that  by  fuch  occult  &  dexterous  methods  of  deligri,as  were  propitioui 
totheirend,  and  but  for  the  impediment  of  a  miracle  could  not  but  fucceed.     Firft, 
they  confider  what  (he  takes  pleafure  in,  andmoftly  frequents   as  her  retreat  of  fafety 
and  pleafure,  her  husband's  garden  ;  and  there,  fews  as  they  were,  they  would  have 
madcthefepulchreofhcr  modefty.  There  where  the  fenfes  are  moft  pleafcd  and  fixa- 
ted with  the  favour  of  (cents,  and  the  fight  of  colours,  the  melody  of  birds,  the  taft 
of  fruits  i  there,where  arc  (hades  againft  heat,  and  fprings  to  relieve  thirft,  and  re- 
treats for  contemplation  ■,  there,ai  e  the  lyers  in  wait  to  work  mifchief  ^  as  our  Lord  had 
the  bJoudy  Agony  in  the  Garden  :  fo  had  Sufanna  her  tryal  in  the  garden.     And  fc- 
condly  fo  impudent  arc  thefe  VarUts,\hit  though  the  garden  were  near  the  houfe,and 
in  the  clofc  view  of  her  husband  ■,  yet  there  would  they  have  rap'd  the  onely  lovely 
flower  of  his  garden,his  Sufarma.     As  no  fear  of  God,  or  love  of  the  husband  ^  fo  no  3™ '  f**P°*'  t1'- 
prudence  pedwades  them  to  choofe  another  place,  then  that,  which  they  thought  leaft  fw«/X7"Trf" 
fulpefted,  becaufeadjoyning  tothe  houfe.      Oh  the  impudence  of  vain  dclire !    it  wii™.  iffi»t 
hurries  men  of  age  and  wifdom  into  a&ions  of  folly  and  madnefs:  no  Samffons  of  for-  '^"Jm^JI^ 
titudc ,  no  David  o{  piety  ,  no  Solomon  of  wifdom,  but  lyes  open  to  the  temptation  of  &»"  Aiathar.  * 
faisflefh.     If  he  give  way  to  its  wander,  and  fofter  its  fuggeftion.     Oh  danger!  thou  '**$*Mt-  «•♦* 
attempt  us  from  all  quarters  ■,  from  men  of  high  and  low  degree  j    from  things  lawful , 
abus'd  j  unlawful, ufed.    Thou  art  on  the  earth  of  covetoufnefs,  in  the  air  ot  ambition, 
uponthc  waters  of  tumult,  with  the  fire  of  luft,  in  our  beds  of  pleafure,  in  our  (hops 
of  profit,  in  our  ft  tidies  of  Learning,  on  our  Benches  of  Juftice,  in  our  fields  of  labour 
in  our  journeys  of  bufinefs,  in  our  pleafures  of  retreat,  in  our  Affemblics  of  Devotion. 
Thirdly,  this  faft  was  aggravated,  hy  the  advantage  they  took  of  her  conftant  hours,  as 
well  as  place  to  walk  \o,vcr.S.  they  fa  w  her  go  in  every  day.     Becaufe  ufe  creates  de- 
light, Satan  watches  to  take  us  napping  where  our  delights  are,  and  if  he  cannot  one 
day,  hopes  another  to  prevail :  fodidhe  ufe/\>r</>W$Wife,tofubvert  fefeph's  con- 
tinence, Gen.  39.10.  Jbe  ffalte  to  him  da]  by  day,  3V    C31\  dietim,  <*.$•'  ntufttr ,the 
word  here.     Poor  foul!  (he  took  the  garden  to  prevent  temptation ,  and  there  (he 
finds  it  -,  (he  walked  there  to  fee  nobody  with  defire  inconfiftcnt  with  chaftity,  and  a 
wively  fidelity,  and  there  fhe  is  luftfully  looked  upon,  and  tempted  to  be  made  unchaft. 
Oh!  how  ftudious  ought  we  to  be  to  pleafe  God,  that  being  at  peace  with   him,  he 
may  direft  our  paths,  and  keep  evil  from  us,  finite  our  ruines  arc  fo  often  involved  iri 
our  contents.     How  careful  ought  we  to  be  to  prevent  evil,  by  denying  the  occafions 
of  it,  who  are  fo  watched  by,  and  fo  ftollcn  upon,  by  the  many  difguifes  of  its  Ave- 
nue.   If  a  light  drcfj,    and  a  loofe  gate,  and  a  bright  adive  eye  ;  let  Hamor  lofe  up- 
on Dinah,  and  the  harmlefs  difports  of  marriage  fcen  by  others,  then  the  tnarryed  en- 
joycrs  of  them  provoke  Abimelech  to  attempt  Sarah,  whom  thence  he  thought  prova-  «.-- 

ble  the  fame  to  any  Courtier  as  to  her  AbrahamXi Ca-far'%  Wife  proftitured  her  name 
by  intuition|of  onely  pi&ur'd  naked  men  ;  and  if  David's  eye  loft  him  body  and  foul  in 
the  luft  of  Bathjheba,  and  the  murther  of  "Uriah,  how  much  care  ought  to  affociate  our 
repafls,  and  the  leaft  appearances  of  us  -,  confidering,  that  the  frequency  of  Sufannah's 
repair  to  her  husbands  garden  to  walk,  -prov'd  an  occafiori  of  their  defign  on  her  there. 
Fourthly,  their  luft  was  aggravated  in  the  combination  and  unity  of  it,  v.  14.  they 
made  one  joyntftotl^tfcotinfei,  and  to  one  furfofecfatlion.  Wickcdnefs  knows  union  car- 
ries on  all  enterprifes,  and  therefore  it's  ever  for  agreement  and  conjunction.  The 
Kings  of  the  Earth  are  faid  tofet  themfelvts  and  the  rulers  to  taltecounfcl  together  againft 
the  Lord,and  againft  his  anoijtted,vCi\.2.  And  by  this  that  otjob  is  true  of  thefe  Levia-  ■ 
thans ;     One  is  fo  near  to  antther, that  no  air  can  cemc  between  them.     They  are  joynedtne  Jofa*tI*',7' 

to 


174-  A  Commentary  upon  Fortescue. 

to  another  ,th(j  fliik^together  tbAt  tiny  car.mt  be  ftindertd.  Thus  they  conduct  their  de« 
figns  to  their  ATuc'fortitcr&fuavitcr.  No  eye,  as  ihey  think,  feeing  ;  r.o  tongue 
cenfu:  ir.g  them.  And  if  they  fail  of  that,  and  difecrned  they  be ;  then  by  their  union 
are  they  more  plaufible  in  their  defence,  morcpudonable  they,  think  in  their  guilt : 
as  many  hands  make  quit  riddance,  fo  many  heads  form  deep  counfel :  then  they  ma- 
chinace  how  to  put  a  crcditab.c  glofs  on  their  putidncfs.  O  now  glad  are  thefe  Mifcre- 
•anrsofaZMr,  thdughubebutarig-leav'd  Palliado.  Thus  BeSerekn  madnefs,  they 
call  generous  valour  ;  Abfulomifo  Treafon,  high-mettid  difcoAtcr.t ;  Terquir.ian  luff 
Vindnefs  tf  nature  ^  and  high- brea \  civility, Solomonique  lubricity,  A  Springtide  ofrea- 
fon,  covetous  to  know  inanity  of  objtfts:  And  to  this  the  unity  of  finners  inclining 
them,  makes  their  union  dcitruftive  to  Cod  and  a  good  Confcienccs  intercft  in  us. 

Fifthly,  their  luft  was  aggravated  by  the  effrontery  of  it;  they  come  upon  her  not 
with  Py rates  colours  ,  not  with  the  foft  and  modeft  preteniions  that  win  on  crcdulitv 
and  fteal  under  the  vizards  of  kindnefs,  the  monfters  of  luft-,  but  rufh  npen-mouth'd' 
like  Beafts  of  prey  that  are  in  haft,  andmuft  do  what  they  do  on  the  fuddain,  v.:o.wc 
are  i»  love  with  thee,  /yerohhtu.  O  courtlefs  rudenefs !  O  mercyful  millake  !  by 
which  they  were  prevented  to  win,  whom  they  were  refolved  to  ruine.  O  the  mercy 
Jen j.s.i,  u.  of  God,  that  guards  innocence  1  byitsrffmlt  reverfed,  and  its  temptation  difarm'd  • 
becaafe  they  were  not  afbamed,whcntbcy  endeavoured  thefe  abominations ,  therefore  Cod 
counter-courted  them,  andundermin'd  their  machination,  if  the  Lordbe  on  his  Sa~ 
/Anna's  fide,  fhe  need  not  fear  what  men, old  in  (in  and  counfel,  can  plot,  to  ad  aga-nft 
her. 

Sixthly,  their  fin  was  aggravated,by  the  referve  of  their  malicious  revenge,  in  cafe  of 
her  confent  denied,  and  their  plot  defeated,  v.zi.  Ifthouviltnot,  veeWill  bear -svitnef s 
againft  thee , that  a  young  man  was  With  thee, V.  -50.  Ar.d  therefore  thott 
JDeprehcndirriHs  ipfam  \ir  ivju-  dtdfi  fend  array  thy  Maids  from  thee\\Lo  the  true  chara&eiof  luft, 
po$*,«rf/f,  Joh.8.  4.  Draco  mifchicf  im  the  acft,  &  no  lefs  in  the  defeat.^  The  moft  deplorable' 
dixit,  it  ifya>,Sol»n,oif$ptt  irct'p-  confirmation  of  this  is  from  the  horrid  projecT:  of  one  La-  Met, who 
&0t{.  Pomponius.i'w  ipfis  rebus  being  an  Enfig^ptecended  love  to  a  Virgin  in  Me tz,  in  Trance ,  en- 
venereis.  Ulpianus  in  ipfa  tar-  tices  her  by  an  old  Woman  he  employed,  to  frequent  his  company, 
pt»dwe.Grot.inlcc.\.}8.  he  gets  her  into  a  prifon,  and  there  ravifhes  her,  her  Patents  run- 

ning up  and  down  bewailing  themfelvesforher  :  the  Goverr.ours 
%  Rift.  H-  4.of  France,  Grim-  finding  her  not  by  fearch,  Jent  for  the  Captain  of  the  Souldiery , 
fion,  1 1 3  2.  thinking  fomc  of  them  might  have  got  her  ,    and  commanded  them 

to  deliver  her  untouched. .  When  thus  they  were  charged,  Mot 
the  Ravifher  flood  by  trembling,  but  not  difcovered.  Whenhefkw,  ifhefhouldic- 
ftore  her,  fhe  would  appear  ravifhed,  he  meditated ,  to  hinder  the  difcovery  by  mur- 
theringher,  aud  that  he  docs  •,  and  that  done,  cuts  the  body  in  pieces,  puts  it  in  a 
fack,  andcaftsitintothe  next  River.  Behold!  the  bloudy  event  of  luff !  Nor  much 
unlike  was  that  intended  by  the  Elders.  What  defence  has  innocence  againft  calumny  : 
poor  foul !  fhe  innocently  went  to  copl  her  felf  in  the  Water  of  her  Husbands  garden  • 
out  flic  fends  her  Maids,  probably  not  havirg  confidence  enough  to  be  feen  naked  by 
her  ownGex,  whom  fhe  feen,ceuld  have  been  bnt  the  reflex  of  their  own  bodies,  fhu: 
they  muft  after  them  the  doors,  that  no  one  may  enter,  bat  fhe  alone  mav  be  private- 
thii  was  her  chaff  care,  this  her  innocuous  modefty,and  fincere  zeal  to  her  Joachim.  But 
fee  how  all  this  is  by  malice  and  intended  rape  fruftratcd  of  its  purpofe  on  her,  turned 
as  they  think  to  her  difadvantage.They  mifreprefent  her  fendirg  away  the  Maids,  and 
(hutting  the  doors,  to  be  in  favour  to  the  Courtfhip  of  a  young  man  appointed  by  her 
and  concealed  there,  to  enjoy  her  by  their  furtherance,  and  under  the  umbrage  of  thofe 
contrivances;  and  they  not  onely  vow  to  detect,  but  todcpofeitmall  thecircumftan- 
ces.  This  is  the  carriage  of  the  Elde  rs,  tofubvert  her  chaftity,  and  loofen  herconfi- 
dence  to,  and  intereft  in  her  husband. 

But  honeft  foul  and  wife  as  fhe  was,  fhe  truftedin  Geo/forthe  right  of  her  wrong, 
and  the  afferter  of  her  innocence ;  no  Amazmian  raving  ,  or  mafctiline  indignation 
fhews  fhe  to  them ;  no  Lucretian  violence  to  her  felf-,  no  forcible  entry  makes  fhe  on 
Tmi  cufit).       her  tender  skin,  through  her  veins  to  her  bloud  ;  nor  did  fhe  with  a  fact-  like  forti- 
tude diffemble  her  anger,till  fhe  had  them  under  the  perpendicular  of  her  fatal  revenge; 
fhe  did  not  endeavour  her  defence  by  arguments  impotent  to  it,  weeping  without  cal- 
ling 
4 


SpotfwoodHittci 


Vcr.4J.ns^'iJ&5,  Dlciturfal- 
fas  &  iniauus  teilis,aui  crimen 
fingit  ad  opprmcndum  alterum. 
Grot.i*  he.  Badwellus  in  he. 
To.%.  Crit  Sacr. 


A  Commentary  upon  FortesguJ.  275 

ling  out,  and  wailing  witl  out  refolving  their  defiance ,  like  that  great  perfon  the  flory 
tells  as  of,who  pretended  a  furpnfe  ■,  but  when  fhe  was  taken  away,  and  the  Lords  of 
the  Nation  fent  her  word,  th.it  if  fie  werefurprijed,  the]  would  come  with  an  Army  and 
fct  her  fret.  She  anfwered,  That  it  rrat  agair.fi  her  V/ili  that  fie  was  brought  thither -, 
but  that  fi rice  her  coming,  fie  had  been  ufedjo  c  our  t  eon  fly ,  as  fie  wouldnot  remember  any 
more  that  injur j. No  (bra  acior  of  a  part  was  Sufanna-,  too  modeft  and  well-meaning  was 
ihe  to  cspi  e(s  the(e  fafis  and  loofes,whkh  are  rarely  the  figures  of  any  thing  better  then 
falfhood  and  wantonnefs^but  (he  trufls  to  the  alarum  of  her  innocente,  which  fhe  knew 
God  would  take,  who  wzsaW  ear  and  eye  -,  though  her  husband  at  that  diftance  could 
be  neither  to  her  relcue,  and  cloud  fhe  cryes,  andfodo  the  Elders  to  drown'd  her 
Poor  foul  I  what  a  ftrsight  was  fhe  in,  whofemodefty  inaflenting,  or  life  in  denial, 
were  at  ftake ,  or  at  lcait  muft  be  candidates  to  the  judgment  of  the  Law  and  the  chari- 
ty of  her  Neighbours.  But  God  gave  her  as  well  the  wifdom  to  choofe  to  fuffer  inno- 
cently, as  the  courage  to  defie  the  temptation  to  fin  bravely  •,  confent  fhe  will  not,  but 
put  the  iffue  on  God  ihe  wi!l,and  does  •  and  the  guilty  Elders  amazed  and  difcouraged, 
recede  from  tempting,  and  apply  themfelvcs  to  defamation  of  her ,  as  their  Inchan- 
trefs  and  the  contriver  of  their  feduftion  >  Elders  they  were  in  years,  Judges  by 
place  -  and  to  be  accufed  by  fuch  perfons,  was  too  much  for  ought  to  conteft  with, 
that  had  not  liv'd  unfufptftcd ;  but  Sufar.na  being  fuch,  as  no  re- 
port ot  ill  bad  rafted  upon,  was  the  more  comforted  under  her  im- 
peachment :  yet  as  guiltlefs  as  fhe  was,  the  Law  muft  pafs  on  her, 
the  two  Elders  depofe  fioutly  andfalflj  againft  her,  and  Sentence 
paftcd  on  her  as  guilty  ,and  to  execution  fhe  was  leading. 

God  who  had  all  this  while  permitted  the  progrefs  of  this  mif- 
chief,  for  the  greater  defeat  of  it  when  it  was  discovered  miracu- 
loufly  (  as  fays  the  ftory )  raifed  up  the  fpirit  of  a  young  man  called  Daniel,  to  impro- 
bate  this  teftimony,  and  by  crofs  interrogation  to  denude  the  impoftery  of  it,  ver.  45. 
and  fo  forward.  And  then  Sufanna,  and  the  Elders  change  turns  in  the  Bail-dock^, 
and  that  divine  endowment  that  was  by  miracle  fermented  in  him,  takes  to  task  thofe 
HeMifi  Sophiflers,who(c  artifice  it  was,  both  to  be  tempters  to  fin,  and  accufers  for  fin. 
Tbns  much  of  the  Elders,  and  their  falfe  teftimony,  which  had  took  efFe<3f,if  fomewhat 
had  not  interpofed ;  which  the  Text  thus  phrafes,  vU. 

Si  mneam  miraculist  liber kfet  Dmiuas  inexecgitabile  prudent  id,  attain  i  natura  ntn 
habr.it  p iter  junior. 

Here  our  Cbanceilour  afcribes  the  patronage  of  innocence  to  God  alone,  whofe  the 
peculiar  care  and  love  of  truth  is,  and  who  by  a  wonder  of  mercy  and  power  does  dif- 
fipate  the  contrivances  of  wickednefs,  and  provide  falvation  for  walls  and  Bulwarks.  For 
though  our  Mafter  well  knew,   that  Daniel,  whom  tradition  and  general  confent  makes 
the  young  man  here,  was  Magically  and  Aftrologically  inftituted.    I  hope  I  may    ufe 
thofe  phrafes  without  offence  5  becaufe  I  fuppofe  thofe  words,j^«7- 
ful  in  all  wifdom,  and  et. nning  in  knowledge ,   and  understanding  fei- 
ence,  whom  they  might  teach  the  learning  and  tongue  of  the  Chaldeans, 
Dan.i .  4.  import  fo  much.  Though  1  fay  he  knew  Daniel  ten  times 
better  then  all  the  Magicians  and  Aflrologers,  even    in    their  own 
art  -  yet  does  he  pioufly  afcribe  this  heroiquenefs  and  divine  fpirit 
in  him,  to  the  fpecial  efflux  of  God's  fpirit  on  him,  who  had  qua- 
lified him  fignaily  for  this  fervice  above,and  beyond  the  poflible  at* 
tainmenrof  his  years,  or  the  extent  and  energy  of  his  breeding  1 
which  1  the  rather  note,  becaufe  many  atheiftique  minds,and  bold'aflerters  of  natural 
catifes   and  the  influences  of  them,  are  not  content  to  pubhfh  the  great  andmyfteri- 
ous  operations  of  nature,  and  to  reduce  every  thing  to  her  norm  ■,  but  to  detract  from 
the  extraordinary  inftigation  and  aftilhnce  of  God.  Which  though  I  believe  not  to  be 
in  thebravado's'and  mad  frenzies  of  giddy  EnthufiaBs,  and  fajiguinc  Phanatiaues  ;  yec 
I  doubt  not  but  to  be  in  very  notable  degrees  on'tlie  fpirits  of  afl  great  and  good  aftors, 
and  to  jpprar  in  their  grave  and  orderly  adtings .  yea.and  as  God  does  fometimes  per- 
mit an  evil  fpirit  from  him  to  kindle  great  and  grievous  flames    as  hi*  execution  oo, 

finrul 


Et  Dims  qnidtm  htncfut  ttgit  ibjirvuinm 
minijiris  ftui  refendere  votens,  loiKflcixvit  bet 
tjuatuor  Moltf.tntts  mult*  rtnim fmdttilia. 
Aiijiti  intttligtnti*.  Ira,  *  t~t)*ofvis.  Libras 
inlclltftrtnt  .  mnlldfu  fdfitm  fr/tfartnt 
mieritm Daniel  ilfrOtattril  hdc  fr*ni*tiv« 
fUrmt.  dtejut  inftgwi  fntrit .qHidcmmnm  v»- 


jit/mm  mc   fommorum  tnttlhgentift, 

loffiiius, me,  i.  Danielis. 


fittrii. 


Note  thii. 


Gen. 41  38,3?. 


176  ^Commentary  upon  Fortescue. 

finful  Nations :  fo  docs  he  by  a  mercy  of  mir?.c!e,rouz  up  the  fouls  and  fenfes  of  Inflru- 
ments  proper  for  him,  to  aflift  and  etfeft  his  purpofe,  in  his  time,  according  to  his 
inftinft  on  them.  And  therefore,  though  fome  holy  ,  or  rather  fome  unholy  Pyrats , 
when  they  would  fubvert  the  faith  of  God's  Eleft,  hangout  falfc  Colours,  pretend  Scri- 
pture, Revelation,  .Spirit,  impulfe  from  (W  to  do  deeds  of  darknels,  derogatory  to 
the  pare  God,  and  to  the  peaceable  Gofpel  •,  yet  arc  there  holy  and  feriousimpulfion* 
on  men  ,  which  J  doube'not  to  aver,  to  have  the  image  and  fupcrlcnption  of  God  on 
them.  And  that  becaufe  nothing  but  the  finger  of  God  can  inferibe  them  with  the  per- 
fection and  to  the  prevalence  they  arrive  at.  This  was  in  Jofefh,  when  he  was  pre- 
fented  to  Pharoah's  favour,  which  he  fo  merited  by  his  difcretion  and  wifdom  of  car- 
riage, that  Pharoah  calls  the  fpirit  of  GOD  in  him,  C^iTl/N  nn  not  onely  one 
in  whom  the  fpirit  ofGod,bat  (with  reverence  be  it  written)  the  will,  and  as  it  were  a  fart 
or  an^le  cfGod,  is^  that  is,  in  whom  is  an  excellency  of  fpirit  to  difcern,  and  of 
will  to  difcover  what  he  knows ,  good  for  men  to  do,  or  evil  for  them  to  avoid  :  fo  is 
to  be  underftood  thofe  paffages  in  Scripture,  which  entitle  God  to  mens  extraordinary 
endowments,  and  make  them  that  have  them,  eminent  in  their  times.  So  its  applyed 
to  Be*,aletl,  £*«</.  3 1.3.  Ch*f.  35.31.  fo  to  Mofcs,  Numb.  II.  15.  andtoCWr£, 
Numb.x4.74.  lt>foJbnah)  Chap.  27. 14.  fo  to  our  Lerd  Chrift,  Jfa.42.1.  By  this 
Spirit  God  came  on  Balaam,  and  made  him  prophecy,  Numb.24.i,s.  By  this  made 
Othniel deliver lfrael,  JudgA.io.  fephtha,Chap.n.v.29.  Sampfon,  Chap,  i$.vcr. 
laft.  By  this  David  was  enabled  to  his  Royal  Office,  1  Sam. 16.  13.  yea,  by  this  (I 
believe  )  is  God  with  his  Hereditary  Apoftles  in  the  order  of  Miniftry,  whereby  he  cafts 
down  the  ftrong  holds  of  Satan,  and  notwithftanding  the  mighty  oppefitions  of  the 
World,  accomplifh.es  the  number  of  his  Fried.  To  which,  alas  the  fa  Hfhnefs  cf 
Preaching,  and  the  frailty  pf  thofe  Earthen  Veffels,  in  which  the  treafures  of  wifdom 
and  knowledge  are  conveyed,  would  be  but  defpicable  means,  if  they  were  not  made 
mighty  by  God,  and  by  his  fpirit  and  co-operation  pointed  for,  and  prevalent  to  thofe 
ends.  Nor  do  I  think  they  are  ceafed  wholly  in  the  laft  Ages  of  the  World  ■,  but  thac 
Coupon  fundryoccafions,  fiirs  up  the  fpirits  of  men  to  great  works,  and  makes  them 
fortunate  and  piophetique  in  them.  And  that  not  onely  as  they  may  by  the  divination 
of  experience,  fore-fee  and  fore- warn  danger,  and  be  directed  in  the  feafonable  pre- 
paration for  it  -,  but  as  they  may  be  awakened  by  God  to  know  and  fore-fee ;  and  by 
being  armed  and  fronted  with  courage,  to  defpife  difcouragements,  and  encounter  with 
feeming  impoflibilities.  Thus  God  furred  up.the  fpirit  of  Athanafius  ,z.nc\  St.  Augufline, 
againft  the  Arians,Donatifis,nnd  Novatiam,  who  had  prevailed  over  Cothclicifm.']  hus 
God  raifed  the  fpirit  of  our  Bradwardine  againft  the  Pelagians-,  of  jyielejijf  and  Luther 
againft  Popery  •  and  thus  heftirredup  the  fpirit  ot  our  Reformers,  not  onely  the 
Kings,  the  Nobles,  and  the  Commons  in  Parliament,  to  reform  Religion,  but  to 
inable  the  Father-Bifhopsi&  Presbyters  of  our  Mother-Church,and  other  learned  men 
of  this  Realm,to  contrive  a  form  of  fervice  for  theChurch:concerning  wch  the  words  of 
theStatute  ztt,The  which  at  this  time, by  the  aidofthc  Ho!)Ghtfl,Vfiih  one  uniform  agree- 
ment  is  $fthem  concluded,  fet  f*rth,&e .  a  vtry  godly  order,  agreeable  to  the  wsrd  of  God, 
and  the  primitive  Church,  very  comfortable  to  all  good  people,  de firing  to  live  in  Chriflian 
converfation,  and  rnofi  profitable  to  the  affairs  if  this  Realm  -,  as  the  judgment  of  Parlia- 
ment is  in  the  fifth  and  Gxth  of  the  fame  King,*.  1 .  I  fay  this  Book  fo  framed  and  owned, 
by  fo  wife  and  religious  Parliaments,  yetGodftirred  up  a  contrary  fpirit  to  defame 
and  extrude  ■,  which  fpirit,  notwithftanding  its  fierccnefs  long  continued  not,  but  ano- 
ther fpirit  came  on  the  Nation  ftirred  up  by  God,  and  caft  out  that  fpirit,  and  cenfursd 
the  re  jeftion  of  that  Book,  as  a  great  decay  of  the  due  honour  of  God;  and  difcomfort  to  the 
Prefefours*f  the  truth  of  Chrift's  Religion;  the  firft  Eli*.,  c.  2.  faysfo  exprefly;  and 
the  8.  Eli*.,  e.  1.  calls  it,  a  godly  and  virtuous  bock-  And  as  G*>d  raifed  up  the  fpirit 
of  the  Builders  of  ferufalem  in  Ezra's  time,  and  the  fpirit  of  the  Kingof  the  Medts 
againft  Babylon  ;  fo  God  raifed  up  the  fpirit  of  Queen  Elizabeth,  and  all  our  Mo- 
narchs  fince  her,  to  deliver  the  people  cf England  from  danger  of  war  and  epprcfflen  both 
of  bodies  by  tyrannic,  and  of  conscience  byfuperjliticn^with  liberty  both  of  bodies  and  minds. 
J  hey  are  the  word*  of  Authority  -,  yea,  and  when  an  evil  lpirit  came  from  the  Lord 
upon  this  Nation,  to  divide  and  fcatter  it-,  And  we  were  all  like  water  caji  upon  the 
grtuud,  that  could  not  (without  a  miracle  )  be  gathered  up  again '..even  then  when 

the 


End  ward  in 
Tizfat.  M.    De 
caufa  Dei. 


a&  3  Ef.cr. 


1  &  1  P.M.  «.». 


Izra  i.;. 
Jer.  si.  ii. 

In  the  Office  for 
ihctyNev.  Ojh 
I tiz,*beih's  day. 
The  3d  Trayer. 


A  Commentary  upon  Fortescue,  277 

the  fury  of  war  fanned  us,and  the  wind  of  animofity,rage,and  unfixednefs,was  carrying 
US  away  ,7^0  the  Lord  opened  rivers  in  high  places, &  fountains  in  the  midft  of  the  v  allies  ;    &  *,lS- 
then  hegave  the  Nation  his  eye-falve,  that  they  fhould  look  upon  him  whom  they  had 
piercedjthen  he  put  courage  into  the  mat  chiefs  memorable  General  and  Parliament  then  n<D»kt ./ 
litting,tobefeechourabfcut^Pylo:tocommifcrate  ourNaufragCithenheby  aMirade,  Albcmailc- 
fecond  to  none  in  any  time  or  ftmy, planted  in  our  wildernefs  the  Cidar,the  Shittath-tree,  v<:rr.  ,9. 
andthe Mjrtlt-trce,andtheOjl-tree  ■  thix\%,  the  King  (notonely  the  higheft  Cedar  for  %s»  tit  fa* 
altitude,  butnQ'Z;   PK  the  Cedar  for  excellency.    For  fo  that  Shittah  fignifies,  for  its  Z^lmr 
wood  is  lignum  imputribile  nitore&  pulchritudine  facile  cater  a  fu^ trans  v    of  which  the  ts6o. 
Ark  of  the  Covenant,  the  Tabernacle,  and  all  the  VelTels  of  them  were  made. )    This  ,agnin#  inv„it. 
Cedar  of  Affliction  and  Circuit,  who  was  cxpofed  to  prey  and  contempt,  when  he  was 
off  his  Majeftiquc  Mountain,  did  God,notwithftanding  the  *  Ordinance  to  the  contrary,  *  °trf-  F«k 
which  God  concurred  not  in,  refix,  and  with  him  D^  the  Lords,  whofe  redu&ion  'X*'**!*]? 
into  their  Orb,  whereiu  they  with  the  Myrtle,  do  ftrengthen  and  afiift  the  Crown  ,        J ^Pe"M- 
and  keep  evil  from  it,  makes  good  that  Prophecy  of  Gods  to  his  Church,  Efaj  5  5.1aft  -,  ^  J    ,rov*~ 
Infteadoftht  Thorn  JbaH  come  »f  the  Fir-tree-^  andinfleadoj the  Brjar  Jiall  come  up  the  M]rrh»  virtu,  tjt 
Myrtle-tree-,  yea,and  with  them  the  10?*   Xl^  the  wood  of  the  Olive  ;  that  which  not  «'  "W  «'»p*. 
onely  flounfhed,  but  that  which  is  arid  and  cut  off :   fo*J>  fignifies ;  and  it  admirably  jSkUtt^" 
anfwers  the  expanfion  of  the  mercy.    God  brought  to  life  not  onely  the  Lords,  whole  15.16. 
Houfe  was  wholly  voted  down ;  but  even  thofe  Commoners,  Members  of  the  then  Vo- 
ters, who  were  fi  eluded,  and  by  their  prevailing  fellows  cut  offandcaft  out.    And  by 
this  mercy  to  the  Pia  Mater  of  our  Order,  luftre,  and  Grandeur,    has  deferved  of  us 
everlafiirg  Eulogies  •  and  what  exceeds  Vocal,  Vital  Doxologies.    And  oh  that  God 
would  once  more  ftir  up  the  fpirit  of  this  Nation,  not  to  animofity,  diffention,  difloy- 
alty :     No  (God  forbid  that  evil  fpirit  from  the  Lord  ftiould  penally  burry  England  ^'  H°lJ  > 
any  more  ■,  we  have  too  fatally  felt  the  fruits  of  inteftine  War,to  return  (I  hope)  again  ^fm^e,  fe~ 
to  that  folly  and  ferocity ; )  but  the  fpirit  of  humility,  moderation,  charity,  this  fpirit  *****  Spirit 
ftirred  up  by  God,  would  fedateour  fpirits  in  our  own,  and  inflame  them  onely  in  '**^e  Nati- 
God's  quarrel,  with  thofe  regnant  fins  that  are  in  their  tendency  and  pride  Deicidiall :   •*  &"*  from 
Such  Adders  are  we  to  the  loud  voice  of  that  never  to  be  forgotten  Miracle  and  Mercy,  God. 
of  the  29  of  May,  1 660.    That  nothing  fcems  lefs  to  be  heeded,  then  the  ftupendi- 
oufhefs,  and  almoft  incredible  tranfeendency  of  it.    But  Lord  lay  not  this  finne  to  OHr 
charge  ,  our  deliverance  is  as  it  were  dead  and  buried  ;  and  fince  no  man  regardeththc 
work  »f  the  L'.rd,  nor  the  operation  of  his  hands  ±  how  juft  may  it  be,    that  God's  whirl-  "Ffit.tf.$: 
wind  fhould  gt  forth  with furj continuing  whirlmind,  and  fhould  fall  With  pain  upon  the  head  ^"' "'  *'* 
cfus  Vpickrd  ones .Like  as  his  judgement  did  in  a  good  meafureon  the  wicked  Elders  here 
in  the  Text,  who  malirioufly  combining  againft  innocent  Sufanna,  were  by  the  fpirit  of 
Daniel  excited  by  God  to  difcover  their  impoftry,  denuded  ■,  and  as  falfe  Witaefle*,  and 
perjurious  Villains  put  to  dcath,&  that  Lege  Talionis.  For  as  they  would  have  brought 
Sufanna  to  the  flames,  which  amongft  the  Chal 'dees  was  the  punifhment  of  Adultery , 
(for  Grans  fays  the  Jews  had  there  no  exercife  of  their  National  Civil  Polity,  but 
were  adjudged  by  the  Topiquc  Law't  of  Babylon )  though  the  62  verfe  of  the  ftory  fayes, 
they  put  them  to  death,  according  to  the  Law  of  Vote  ■,  which  is  moft  probable,  andfo 
underilood  by  our  Text-Matter,  who  thereupon  brings  in  the  lex  talionis,  according 
to  the  prefcript  of  God  by  Mofes,   Deut.\9.v.ig.  So  did  they  by  that  machination 
eufnarc  themfelvcs,  and  remain  an  eternal  fhame  to  lewd  and  treacherous  Elders.  But 
enough  of  them,  1  return  to  the  Text. 

Ntjfi  efr  tn  Princeps  divine  ejualiterjam  tardt,  Magifterjohinna  Fringe,  poflquam 
amis  tribus  facer  dotaltfunUus  efitfficio,  duorum  iniauorum  defofttione,  qui  cum 
anteajuvenculam  a uandam  ajjidaffc  teftati  funt ,  fasrum  presbyter atus  ordinem 
rclinquere  compulfus  eft,  &  matrimoninm  cumfamina  ilia  confummare. 

In  this  Claufe  he  docs  not  onely  befpeak  the  Prince's  attention,  by  a  compellation  of 
highnefs  that  he  owns  in  him.and  a  duty  thereupon,  that  he  knows  licand  all  men  oughc 
to  teflifie  in  word  and  deed  towards  him ;  but  to  this  Divine  Prince ,  produces  a  ternary 
of  inftances,  wherein  the  mouthes  of  two  WitncfTes  have  been  wickedly  produced,  and 
made  ufc  of  to  marchlefs  and  monftrous  villanies.  This  then  is  the  third  inftance  ■,  and  the 
perfon  mentioned  to  be  the  ingenious  Contriver  of  this  Delinquency  is  one  John  Fringe, 

A  a  a  of 


178  ^Commentary  upon  Fortescue. 

ofwhom.ashe  is  herecharaftred.no  cither  Englifh  or  Latine  Story,  that  has  come  to 

my  view,  makes  mention  -,  probably  either  becaufe  what  he  did  was  in  the  time  of 

Combuflion  in  England,  when  many  things  parted  in  the  crowd  unnoticed  ;  or  elfe 

becaufe  it  was  done  in  Trance  {  efpecially  the  Treafon  )  where  the  Prince  then  lay  an 

exile  hence.    That  there  was  a  truth  in  it  is  not  to  be  qucftioned,  but  the  Circum- 

ftances  I  cannot  fupply,  nor  cloath  this  naked  Narrative  with  fuch  varieties  of  art  and 

ornament  as  would  make  it  fymmetrious  to  the  other  parts  of  the  Comment,  that 

whichisnotizableinit,  is  firft  the  quality  of  theperfon,  a  Prieft,  and  fuch  not  onely 

by  the  Confirmation  of  his  Order,  but  the  continuation  of  him  in  that  Confirmation, 

three  years.     Secondly  the  degeneration  of  him  from  what  he  ought  to  have  been,  buc 

was  not,    to  what  he  ought  not  to  have  been,  but  was  ■  Gladium  perimentis  fub  Pallia 

■     confidents*  gtfiabat,  He  had  Judas  his  heart  with  Judas  his  kif»  -,  he  did  curreread  fia- 

cros  Or  dines  finer  everentia,  fine  eonf\deratione,  &c.     By  all  means  he  would  have  holy 

Orders  (  thofie  Entrufts  that  even  Angels  do  admire  and  adore  )  without  coufideration  of 

that  humility  and  divine  zeal  that  ought  to  re  fide  in  the  minde  of  him  that  has  them  and  the 

honour  he  Jhould  fay  that  honour  done  him,  by  a  hoi]  life  fuitable  to  them  ;  whereas  m 

Lib  DeConver-  man  ought  to  offer  himfelf  to  thofe  Myfteriestnwkom  covetousnefs  reigns,  ambition  rules , 

Gone  id  cieri-  pride  rages,  iniquity 'fits,  and  luxury  commands,  as  Saint  Bernard  fayes  to  the  Clergy  of 

coLcij.         his  time.    From  this  our  Fringe  (hould  have  been  free,  but  he  was  not  it  feems ,  but 

though  by  order  he  was  facred  to  God,  yet  by  devotion  of  foul  he  was  nothing  IcfTe 

but  like  Paulus  Cremenfis  the  Pope's  Legate  here,  while  he  was  inveighing  againftthe 

Clergy's  Leachery,  himfelf  was  taken  abed  with  a  common  Strumpet  ■,  fo  did  our 

mentioned  Presbyter,  while  in  his  Orders  he  pretended  a  Dedication  to  God,  he  in 

the  proration  of  his  vicious  life  devoted  himfelf  to  his  Miftris,  which  was  his  fliame  and 

his  fin.     For  though  I  would  be  a  Conftantine  to  him,  and  refcrrhrs  Cafe  to  his  laft 

b,  Sacrd.it  ni.  Judge,    with  filence  of  whatever  may  be  written  againft  him,  as  reflecting  on  hisOr- 

titmahmt  fait  £er  .    yCt  m  as  much  as  the  vices  of  him  were  flagitious  and  to  th«  vituperation  of  him 

"tuf^lZT"  and  his  Profeffion ,  to  both  which  they  were  fcandalouS;  'tis  no  breach  of  Charity  to 

ReS.  caa.         follow  the  Text  with  a  Commentary  as  well  here  as  in  other  parts  of  it. 

That  then  which  he  is  in  our  Text  detraftingly  charged  with,  is  firft,  that  he  was 
libidinous ;  and  notwithstanding  the  rcftraint  of  Orders,   and  the  arduous  feeming 
continence  in  them,  he  did  meditate  effeminacy  ■,  and  to  make  way  to  his  freedom, 
contrived  the  annihilation  of  his  Orders.    Secondly,  That  to  effeft  it,    he  plotted  to 
procure  and  confirmed  two  in  their  perjurious  refolution,  who  (hould  depofe  that 
which  iffo  fablo  if  true,  as  it  was  not,  (hould  diflblve  his  Orders.     Thirdly,  That  the 
facrilegious  Combination  between  him  and  the  Witnefles  to  fo  execrable  an  end  (hould 
not  be  confefled  by  him  till  he  came  to  dye.    Fourthly,  The  Juftice  of  God  in  punch- 
ing one  fin  with  another,  facriledge  with  treafon,  and  perjury  with  perdition. 
Peflcjuam  annis  tribnsfacerdotali  funttus  eft  officio^]  As  three  years  were  according  to 
►.  uT."1  c        f°mc  Canon,  though  five  as  other  Canons  appointed  to  intcrcurr  between  Deaconry 
and  Prieftshood  ;  fo  this  Prieft  is  depofed  to  confift  undetefted  three  years  after  bis  Pres- 
byterating,  not  that  he  was  not  probably  under  a  hot  lubricity  before,  but  becaufe  the 
depofitions  inftrufted  by  him  were  to  commence  date  thence :  Sin  has  gradations,no  man 
is  at  firft  bad  to  the  baddeft  degree  •,  but  firft  there  is  kvis  &  f  adieus  taSlus,  a  Virgin 
blufliingncffe  as  it  were,  and  after  more  confidence,  till  at  laft  a  confirmed  effrontery. 
No  man  knows  where  to  ftay,  that  flops  not  at  the  firft  appearances  of  evil,  and  does 
not  obviate  the  pullulations  and  firft  glimmerings  of  them  •,  Let  Hazael  be  a  warning 
I  JO*h  u"i.    to  a" confident  Prefumers,  who  think  thcmfelves  not  fo  bad  as  mercy  foretells  them  to 
prove,  time  difcovers  them  to  accordingly  be  ■,  and  Peter  who  when  the  Lord  told 
him  he  would  be  the  fignalleft  ftarter  from  him,    made  a  bold  bravado  of  holy  valour; 
but  by  peeping  into  the  high  Prieft'sKall,  in  curiofity  to  fee  what  became  of  his  Lord, 
was  to  overtaken  with  pufillanimity,  that  he  not  onely  denyed  in  the  Palace  to  the 
Maid  that  taunted  him  as  a  follower  of  fefus,  that  he  underftood  not  her  language, 
Matib.  i«.        but  called  them  all  to  witneffe  that  (he  miftook  him  •,  *v.  70.  but  even  in  the  Porch 
when  accufed  by  a  fecond  Maid,  he  denyed  not  onely  that  he  was  his  follower  but 
that  he  knew  him,  and  forfworeboth  with  an  Oath,  r.  72.  yet  again  when  a  hotter 
huy  and  cry  came  after  him,  aud  more  and  confidenter  fufpicions  came  upon  hlm,to  e- 
vadc  them  and  extricate  himfelf  he  falls  afre(h  to  curfe  ard  to  (wear  that  fo  far  was  he 

from 


A  Commentary  upon  Fortes  cue.  ijp 

from  owning  fys  pcrfon  and  caufe,that  he  knew  neither,  or  would  juftifie  either  of  them.  Ver,  74. 
Here  was  a  pamm  abff>it,to  utter  abnegation :fo  probably  was  it  with  our  Pricft  Fringe-, 
atfirft  may  be  though:  to  dabb!e  with  this  fuvtncnla,  by' a  kindnets  of  Courtftiip' 
after  by  the  engagement  offpeculanvetupitude,  preiTtd  her  to  more  familiarity  \ 
thence  was  provoked  to  that  defire,  which  to  accomplifh,  neither  bis  orders ,  or  her 
condition  would  permit.  At  laft  he  refolvcd,  beir.g  hurried  headlong  into  the  tor-  • 
ment  of  lubricity,  to  quit  his  Order*,  rather  then  to  defift  his  Courtfhip  v  and  he  con- 
trives to  do  it  by  fubornation  of  Witneffes  ;  and  thus,  as  much  as  in  him  lay,  damned 
their  fouls,  to  bepleafure  his  own  and  h.s  Paramours  body. 

Qui  cum  antea  jttvenculam  ejnandam  affidaffc  ti fiat i  font.  ]  The  Witneffes  were  two, 
and  thofe  to  give  legally  a  tefurr.or.y  of  an  untruth.  He  knew  there  was  no  difcharge 
ofhijOrders,  but  canfa  profifponis ;   for  the   Councils  of  the 

Church  were  much  againft  Marriage  of  Priefts,  as  that  which  they     <0    nfivCv-nftt  lit   ytyArit 
accounted  ^trw,  full  of  incumbrance, derogaiive  from  the  zeal  of    7^i0)!  iuiir  ^f^a/.  CtHC ,yj 
mcnjemftAtive  of  them  from  thtir  fifties  ,  and  the  like.  This  Fringe     N*oCaefar.Subsyiv.r.».  i.c.i.  /,.i)4. 
wickedly  takes  hold  of  ■,  not  as  he  found  Women,  ftealcrs  away  of    S»^**^i»*v*»rwx.M«o.T»»». 
the  heart  and  their fociety  fcar.dalous  to  Priefihood,  cfpecially  thofe    «',£«£  &  rl.t^rj.fii^con'k 
that  do  blazon  their  wonts  with  them ,  notorii  &  public} ,  as  the    a.om.i.sukcreg.7.' 
words  of  the  Council  of  S*lt*J,wrgzxc ;  for  this  had  been  venial ,     Tetnp  Mardai  $  pjpa     ^  ^  M 
nay  heroique  in  Fringe  :  but  no  fuch  motion  had  he,  Orders   lie    p.  s>»«. 
bad  taken,? nd  in  them  long  and  loofely  continued  •,  and  to  be  quit 
of  them,  as  too  fevere  Reins  for  his  bafe  mind  to  be  rcftrained  by,  he  contrives  a  falfe 
accufation  againft  himfelf,  and  raifesupanevil  teftimony  to  confirm  it,  and  thereby 
to  occafion  his  EcdefiafticalrCcnfurear.d  Deprivation.  Which  was,   that  before  he 
took  Orders,  he  was  betrothed  to  a  young  Woman. 

And  herein  Ift  makes  himfelf  cenfurable  •  firft,  of  levity,  that  he  took  Holy  Orders 
before  he  had  a  fetled  mind,  and  had  fome  aflurance  of  that  felf  denial  and  humility, 
th»t  becomes  that  Calling.  No  man  is  to  rufh  ontfiat,  chiefly  as  a 

lift  to  preferment,©:  a  relief  to  necefllty  of  life,oras  an  occafion  to  a     A  good  Memento  te  thofe  that 
popular  appearance  •  the  parts  and  pomps  of  men  are  not  to  be     take  Orders  in  the  Miniftrj. 
confulced  with  in'this  undertaking.    Thcdefign  men  have  to  glo- 
rified, and  the  enablement  from  him  to  deny  themfelves,to  pleafe  him,  in  a  ferious 
zealous,  and  painful  com  fe  of  Miniftry,is  the  beft  evidence  of  fitnefs,&call,and  tlie  hope-' 
fullcft  title  to  fuccefs  in  it  -.this  had  Fringe  attained  to,  he  would  cither  not  have  entred 
into  Orders  •  or  when  he  was  in  them  fo  long,not  fo  have  prophaned  them.  But  if  cor- 
ruption had  fo  prevailed  on  him,  he  were  better  have  directly  raar- 

ryed,  as  Saint  Bernard's  counfelwas;  and  as  t  is£neas  Sjtvitts,     TJ"  «"«» Jf«  mu  miHui  tmtnt.  9x*» 
after  Pope  Tint  the  fecond  counfelled  John  Frtund,  a  Roman Prieft,    7»iietirMZ',«rm'r'fii''''f '*"'''  <i*tm 
to  do ;  then  thus  co  contrive  a  remedy  of  fin  and  (name  to  himfelf    lnt}'miMZlX  ctP'7™  m  c'ometC 
and  others.    But,  poor  man  !  in  a  finful  ftorm  he  was,  and  he  took    aaSjl<:ri«|'- 
the  next  courfc  his  corrupt  nature  prefented  him,  and  that  was  but      r«j  seeVrlrVwife  ^r<h  j* 
a  tortuous  and  tortious  one  ,  not  onely  accufing  himfelfof  levity;      r«/'"  church  Hiflorrrp.ioi°?7V*r' 
butalfo,  fecondly,  of  lubricity,  by  a  predominancy  Of  finful  pafiion  ,  which  made 
him  ntnafte  nubcrc,  that  is,  not  marry  (a)  a  grave  and  decent  perfon, that  might  keep 
his  piety  iteddy,  anddifpofehimthemorcto  the  fober  profecuti- 
on  of  the  things  ofGcd-.  as  lamfurefit  Marriaee  does  beyond     ,  „  r,  j  ,  ■  . 
all  finglcnefs,  thathasnot  a  very  ftrictgift,  and  does  not  abate  the    e«4o*um  e.  p10ifero,   ™„d  coacii. 
edge  of  Natnre  by  low  and  moderate  Diet ,  devout  and  religioui    <NoeW.j!wM,«.w.f.„7. 
feverities ,  Maborious  and  incelTant  ftudies ,   frequent  and  intent 

davotionsof  foul,  evidenced  in  refolved  avoidances   of  alloppor-    -M*rri*ge  upheld,  commendable 
tunities  of  averfation  .  1  fay,  and  that  knowingly,    let  who  of  the        it*  Church- men. 
Batehe  four- Pretenders  to  ftraphicjuenefs  be  offended  that  will.there 
is  no  fuch  ordinary  help  to  piety  and  fandity  in  the  World,  Ohe  gift'of  perfect  cbaftity 
onely  excepted,;  as  fit  Marriage  is.    But  this  our  Fringe  is  willing  to  be  thought  not  to 
choofei  for  the  accufation  is,  thathedid  or\e\y  sffdaffe,  which  is  as  much,  as  contraft  uHtHn.tMi 
himfelf  in  order  to  Marriage,  Fidem  dare,  fidet  vinculo  fe  conneilere,  as   the  Canotiijis  Caaftii.  sic'dic'. 
fay  ,  that  is,  he  fairly  proraifcd  3thac  marry  her  he  would-  which  affidavit  he  confirmed  w'"A7> 

nil  2  by 


i8o  A  Commentary  upon  Fortes  cue. 

by  oath(in  which  fenfe,  our  Lawyers  call  a  Vepofiticn  an  Jffidavit ) 
Efifafu  wimonienfij  in  mm  Archie-  that  thereby  he  mighc  not  fo  much  affure  her  of  his  fidelity,  as  en- 
Pifc.  GanmarienGs  ttrtm  s? itcopu  »ft-  tujc  himfelf  to  the  command  ot  her  upon  the  prcfu motion  and  aflii- 
^^stcpham^.,.  Brompcon.     ranKofhep,   that  the  marriage  was  good,  hforo  Dei,  and  legiti- 

,  •matedthemto  the  confent,  whkh  they  had  affidavited  between 
them.  This  he  onely  is  repreScnted  to  do,which  was  no  more  but  the  fecurity  that  men 
Btompton.        ,jo  gjvc  gjcii  t0  other  for  performance  of  patts^as  Richard  the  firlr,  and  the  Frtmh  King, 
fUt1'  are  laid,  in  prtpriis  perfonis  affdaverunt  firmiter  &fidclittr. 

<fuvtnenl*mquandam~\  Wifdom,as  it  is  fecn  in  the  aftions  of  life,  fo  chiefly  in  pro- 
mising what  we  can  and  will  perform.     No  man  ought  to  fay,  what  he  will  not  Swear, 
nor  fwear  what  is  not  true  ;  yet  the  Prieft  is  contented  to  not  onely  own  himfelf  guilty 
ofAffidation  to  a  Virgin,(and  probably  no  pure  one,)  according  to  the   Depofuion  of 
his  Accufers  ^  not  as  a  teftimony  of  his  Sorrow ,  for  his  unworthy  mind  in  that  holy 
fundion,  and  for  his  prophane  life.notwithftanding  his  holy  vow  y  but  purely  he  profti- 
tutes  his  name  and  calling,to  bring  about  a  Disfranchisement,  and  to 
procure  his  Vows  unvo  wing.    lor  though  Charity  conjure  me  to 
M^St^^W^nS*;    believe,  that  he  confeffe.  that  this  Subornation  of  WitneSSes  to  ac- 
fitpidtm  man*,  n,fhtri<u  mjidt  finipfi.    cufe  him,  was  onely  to  make  way  to  his  Marriage  ■,  yet  I  doveri- 
mcctmcm.fid  mmmftfrtt  &»md,t.     .    i,ciievc    an(j  j  hope  noc  m  any  decree  uncharitably,  the  fparks 

Sanftus  Bemardus  C*pu»l  4.  0e  Conret-       I        *     T»    ,  r  1       a  J/>  r 

Cone  ad  ciciicot.  that  kindled  this  combufuble  matter  in  him,  was  too  intimate  con- 

verfation  with  this  young  Woman,  whom  here  our  Text  calls  ;«- 
1  vencula,  a  tender  and  taking  Creature,  florenti  at  ate ,  not  yet  fub 

p-!D7y  ^uod  efletprivAta  &     m4ritan  (Apftre,  for  to  Such  as  are  frefh  and  excellent  in  their  kind 
teeth*  viro,  Hebraci .  IS  tr,js  word  given.  And  fuch  he  concluding  her,Meditatcs  the  Mar- 

riage enjoyment  of  her,    though  with  the  violation  of  his  vow,  and 
the  abjuration  of  his  profcSSion^  for  upon  the  oath  of  the  Witneffcs  it  followed. 

Sacrum  Presbyter  atus  erdincm  rdinquerc  eompulfus  rft  3     That  is,   the    Canons  of 

the  Church  being  transgrefled,  as  by  concubinacy  or  marriage  they  are,  (as  by  the 

pre-mentioned  Authorities,    with  fundry  others  every  where  in  the  Tomes  of  the 

Councils  appears)under  the  grievous  pains  of  Excommui  ication.and  Ccnfurc  oSSchiSm 

and  Saci  ilcdge,he  is  to  dcfift  not  onely  from   the  exercife  and  be- 

Tim.i.f.ni,  nefit  as  a  Church-man-,  but  even  &b  huntre  eltriculi.  Which  refo- 

S:£K^!5f!«*.  Iutionofc?rWthefcvenih,  asltakeit,  being  made  known  by 

the  GVrwrfw  Bifhops,to  their  Clergy,  upon  their  return  from  the 
Ctnai.  Roman,  i  M  Greg.7.  .Am,  i  e7+.    Council  at  Romefo  offended  them  ."that  they  refolved  rather  to  relin- 
quish their  Benefices,then  their  Wives.So  did  alfo  the  French  Cler- 
Umi  rosi.  iMcr  cm,™  Aiffici.  c*»>».s-    gy  in  Pope  Hildebrand's  timejnor  before  1  think  Elfricl^s  time  was 
speiman  in  concii..,:  P .  571.  g  eVer  cnj-oyncdour  clcrgy  in  England,  but  long  before  the  con- 

trary praftice  was  legitimated  by  our  Councils.  ln/Sm»456.or- 
Sjntd.  St.  patricii.Spelm  ccncii.p.sz.  dained  it  was,  that  the  Wife  ef  4  Clergy-wan  Jbould be  veiled;  and  if 

they  Tver  e  not,  they  were  without  honour  from  the  Laity,  and  to  be  rc- 
NoutdTrtv.  Aftic. Speiman,  f.»- 1-»»'    moved frem  the  Church  ;  and  before  that  Anno  3x4.  Beacons  were 

allowed  Marriage  upen  their  craving  it,  and  jet  to  continue  their  Mi- 
r. 4j4,f.«j.  *'lfirJ  ',  ar'd  fo  Gregory's  refolution  is  to  Auguftine  the  Menkes  In' 

terregatory.     See  more  in  the  Marginal  Quotations.     I  know  in 

the  General  Council  of  ts£nhaw,   Anno  icoq.  Ctlibat  is  commended  to  the  Clergy, 

and  they  reproved,  for  havirg  two  or  three  Wives,    whith  leaft  they  Should  prefer  to 

hold  before  their  Orders,  the  Council  concludes,  ^i  autem  ordinis  fui  rtgulnm  abdi- 

Spelm.  c-.nt.514.  eaverit,omnieum  apudVeum  turn  apttd  homines  grattti  exuatur -,  notwithstanding   all 

'i'n  s»°.s74.     which  the  Seculars  had  their  Wives,    which  the  Stricter  or  loofcr  Clergy   called  their 

Mjnccen*  •,  probably  thofe  we  call  to  this  day  mincing  Dames  ■,  fo;  when  any  one  goes 

lightly,  we  fay,  She  minces  as  She  goes.     But  Priefts  had  not,  nor  were  permitted  to 

fpeiman  cndl.   nave  any  yf  omcn  in  the  houSe  with  them,   ne  eos  adpiccandum  iliiciant  h  r.otwithftand- 

r' f9Z  ing  all.  which,  the  Clergy  that  were  not  Votaries  in  England  did  marry,  and  their  iSfue 

was  legitimate  and  enjoyed  Lands  ^  and  this  probably  was  that  which  moved  Fringe  to 

>C«7k.InSir'      be  the  more  eager  to  marry,bccauSe  as  he  knew  by  difcharge  of  hisOrders,  hemight 

rox  Mattjrroi.    enjoy  his  fuvtncuUyh'is  young  Wife  -,  fo  by  the  Marriage  his  iffue  Should  be  legitimate. 


A  Commentary  ttpon  Fortes  cue.  281 

And  this  was  that  which  made  him  will  the  fevcrity  of  the  Law  upon  himfelf,  as  it  fol- 
lows. 

Et  Matrimcnium  cum  famina  ilia  coufummare.~]    Here  is  a  change,  his  Afftdatio  be-  plutatchut  •„ 
ingconfummated,  becomes  Matrimony,  andihis  fuventnla  in  years,  is  become  fa-  ^wfa' \r*. 
mma  in  ftate  of  life  ■,    Matrimony  isaftateoflife,  which  the  Heathen  calls  the  fafefi-  «?"»• 
boundary  of  Tout h;  and  though  it  be  not  inhibited  priefts,  neither  by  the  old  Law,  or 
the  Gofpels  San&ion,  or  Apoftolique  Authority,  but  meerly  tx 

fiatnto  Ecclefta,zs  Bur  and determines ,  to  which  agree  St.Thomas,  Lib4-Diflintt.i7. quaff.  * •  De 
and  others-,  yea,though  Cardinal  £"<«;«**  confefTes,  that  Marriage  Conjug*io  Cleric,  eapite  cum 
entrcd  into  by  a  Pricft  is  good,  and  the  Children  legitimate  ■,  and    elim. 

though  true  it  be,that  it  is  the  Seminary  of  Immortality  to  Mankind,     ^.vtifyov  *$*p«*i*«  t£  5-»mt» 
not  onely  in  JP/wMrcJb's  fenfe,  as  it  peoples  the  World,  and  makes  a    y.v«.    Plutarchus  *'»  Araator. 
kind  of  eternity  in  it ,  but  alio  as  itdehvers  men  from  fin,and  keeps    p.7%2.  edit.  Parif. 
them  by  the  remedy  of  it,  in  the  love  of  God,and  praftice  of  virtue, 
which  tends  to  a  Heavenly  Immortality. Yet  for  all  this,  marriage  in  Priefts,  is  the  mark 
that  many  (who  may  themfelves  doubt,as  well  as  doubtlefly  others  do,  whether  they 
have  any  continence  above  that  which  is  the  lowed  ftep  to  it )  level  at ,    and  dilcharge 
much  more  of  their  malignity  and  defamation  upon  it,    then  becomes  fobcr  or  religious 
men  to  do.    Butthefebeinganfweredby  a  molt  holy  and  learned  deccafed  Father  of  TfceUtewnow- 
oar  Church,  much  to  the  honour  of  the  undertaking,  and  the  fhame  of  the  oppofite  Tc-  ncdBlfto?  H'11' 
nent,  I  content  my  fclf  to  forbear  ■,  onely  let  me  ingenuoufly  profefc,as  I  honour  highly 
thofe  Seraphique  Virgin,  perfons,  who  in  the  office  of  Miniftery  keep  fingle,  andnot- 
withftanding  it  do  enjoy  that  calmnefs  and  content  in  their  fingle  life.which  is  the  gift  of 
Godjthe  blelling  of  continence,&  the  abfence  of  thofe  provocations  that  are  in  virtuous  e 

perfons  troublefome.and  in  loofe  fcandalous,the  probable  avoidance  of  which,being  (in 
the  Martyr's  words)  honeft  Marriage,  1  am  bold  to  judge  as  meet  for  Clergymen,  as  Dr.r4y.1-  T«mp. 
for  any  :  A  nd  more,  for  as  I  perfwade  my  felf,  the  Devil  more  defigns  to  undermine  ckJiMo- 
thefe  the  eminency  of  whofecallmg  calls  the  blacker  (hade  on  the  converfation  unfuit- 
able  thereto ,  and  the  World  greedily  appetiting  the  denigration  of  their  reputation, 
who  are  moft  fignal  in  the  fruits  of  Learning  and  moft  Lured  in  the  opinion  for  religi- 
ons :   fo  do  L  believe,  if  there  be  any*  help  to  heaven,next  to  divine 

mercy  and  power,  'tis  this  of  Marriage,  which  is  the  Manifefto  of    Tholoflanus,    Syntag.    Juris] 
them  both  •    wcl'  our  Mother  the  Church  of  England,  according  to    lib.  0.  c.  19. 
the  old  Dcdours  &  Amhorsf&ys.wax  in/iitmedof  God  in  Paradife,     Exhortation  tt  the  Solcmniz.*'. 
in  the  time  of man's  innocency,   for  4  remedy  again  ft  fin,  and  to  avoid    tion  »f Matrimony  « 
fornication,  thatfuch  perfons  that  have  net  the  gift  of  Continence  might 
marry,  and  keep  themfelves  unde  filed  members  of Chrifi's  body  ;  and  for  the  mutual fo- 
cicty,help,  and  comfort,  that  the  one  ought  to  have  of  the  ether,  bothinprofptrity,  and  in 
adverfuy.     So  our  Church  •,    whofc  judgment  and  favour  to  the  Clergy's  Marriage, 
I  prefer,  before  the  humours  of  any  private  Opinionifts  ,  efpecially  fince  it  is  not  with 
any  diminution  of  the  juft  honour  and  praife  of  devout  chaftity  and  fingleneft  ,  bat  in 
fupplement  to  it,  as  a  refuge  to  the  non-  attainers  of  it,  and  an  honeft  help  to  a  facerdo. 
tal  blamelcfsnefs.Hear  the  Judgment  of  the  King,Nobility, Clergy  ,Commonalty  in  Par- 
liament,! &  X.E.6.  Although  it  were  not  onely  better,fur  the  eftimation  of  Priefts, and  other 
Minifters  in  the  Church  ofGod,to  live  chifte,  fole  and feparate  from  the  company  oftymen 
and  the  bend  cf  Marriage,  &c.  yet  for  as  much  at  th:  contrary  hath  rather  been  feen,  and 
fuchunc  eanntfs  of  living,  and  other  great  inconveniences,   not  meet  to  be  rehearfed,  have 
fulkved  of  compelled  Chaftity  tand  offuch  Laws  as  have  prohibited  thofe  (fuch  perfons  )  the 
godly  ufe  of  M*n  itgr,  it  were  better  and  gather  to  be  fuffered  in  the  Common-wealth,  that 
thofe  which  could  not  contain, fnould,  after  the  counfel  of  Scripture,  live  in  holy  Marriage  , 
then  feigned! j  abufe  with  worfe  enormity  outward  chaftity,    or  fingle  life.     Thefe  are  the 
words  of  the  Preamble  to  that  Statute,  which  makes  void  all  Laws,  prohibiting  fpiritual 
perfons  to  marry,  who  by  God's  Law  may  many;  which  Statute  miftaken  by  forne 
ilubborn  Votaries  ,wbo  ftood  more  upon  blind  obedience  to  the  Pope.then  to  the  liber- 
ty Chrift  had  endowed  them  with  •  and  choofing  rather  to  truckle  to  turpitudes,  ( I  am 
modeft )  f^uim  contra  Papa  mandatum  inire  Matrimonium.     I  fay,  fome  miftaking  our 
C"u:ch  and  State's  meaning  therein,  were  fo  bold,  to  the  high  dijkoniur  of  Almighty 

Cod, 


x6%        A  Commentary  ufon  Fortescue. 

GoA,  the  Hfhononr  of  the  Kings  Majcfty,and  his  High  Court  of  Parliament, and  the  bam- 
edCltrgyofthisJLealmt  who  have  determined  the  Jame  {Marriage  of  Priefis)  to  be  nth  ft 
lawful  by  the  Law  of  God,in  their  Convocation ,  as  well  Is]  the  common  ajfent,  as  by  thefub- 
fcriftion  of  their  hands ,  as  the  Statute  words  are  ;  1  hac  the  State  faw  great  need  to 
make  a  further  Aft  oj  corroboration  and  vindication  of  their  meanings,  from  their  in- 
jurious gloffes  j  and  thereupon  patted  the  Statute  5  and  6.  c.  1 2.  which  though  by  the 
firft  of  Mary  2.  it  wis  repealed  ,  yet  that  Repeal  was  repealed  by  1  facet.  21.  and  fo 
by  thatthe  Statute  of  £.e».  being  in  force,the  judgment  of  Parliament  is  for  the  Clergy- 
man, continence  and  fmglenefst  it  it  may  be ;  but  to  avoid  inconvenience  for  his  lawful 
Marriage! 

Our  Fringe  then  did  not  amifs  to  marry,  he  not  having  the  gift 
hM*trim»ni,*mmiH,»TTk*Uc,f*f,  i*rt-    offinglcnefs,aiid  having  betrothed  himfelft©  a  Woman  inorderto 

1i^SGSSrJ^rm'    Mar"a8c ;  f£  fic "  wa\that  hc  {hould  Pcrform  '* -i  ^t  that  which 

was  faulty  in  him,  was,  his  diffimolation  and  facrilcgious  contri- 
tance  of  falfhood,  with  a  fubornation  of  Witneffes  to  depofe  it    in 
the  complication  of  which.all  the  fruits  of  the  Hcfh,  which  make  up  the  deadly  fins,  and 
oppofe  themfelvcs  to  the  Cardinal  virtues  are  vifible.  But  1  pais  to  what  fuccccds.' 

Cum  qua  foftquam  annas  1 4-  Moratusjobelem  feftimam  fufcitaverat  demnm  de  crimint 
Uf*  Majeffatis  in  tnam  celfstudmem  conjurate  convict  us  fubornatos  fuijfe  tefies  illos 
ttfalfum  dixijfe  teiiimoninm  in  mortis  fut  articulo  cor  Am  omtti  populo  faffus  efi. 

This daufe  declares  Gods  vengeance  on  the  firft  fin  by  the  fecond,  and  the  confe- 
quence  of  it ;  The  patience  of  God  had  long  been  provoked,  and  the  miftakenpleafure 
of  his  (as  fomc  think)  Apoftalie  as  well  as  Leachcry,were  for  a  long  timepermitted  him, 
not  for  an  earned  oflmpunity,  but  to  fhew  him  the  obduration  of  his  heart,  and  to  tell 
the  world  that  there  is  no  man  foperfeft  but  may  flip,  none  fo  peccant  but  ought  to 
amend  and  return  to  his  Loyally  by  prayer  and  penancc,to  pardon  and  acceptation.  Yet 
for  all  this  Fringe  recollcfts  not,but  as  one  fwallowcd  up  in  theplcafures  of  his  wife,and 
the  prebends  of  his  marriage, Perfiftl  in  Impmitence  not  oncly  one  year  as  did  David 
but  fourteen  years,  and  all  perhaps  to  maintain  his  young  wife.     Thus  did  Fava,  who 

"&Uq. "  '  having  a  wife,  cbildren,aud  family , and  being  unable  to  fubfift  by  boneft  means,  e'ntred 
upon  the  mofl  notable  cheats  ihat  ever  was .-,  and  when  he  was  detefted,  and  Judgment 
paffed  on  him,  poyfoncd  hirafelf  to  avoid  the-fhame.  So  did  Muffardus,  a  valiant  man 
in  P'uardy  ,  during  the  combuftions  in  France,  who  becaufe  in  peace  he  could  n6t  live 

t-k  im.  fo  high,  as  he  was  wont,falls  to  ill  courfes  to  maintain  himfelf.Virft,  he  kills  a  Gentleman 
his  Neighbour  then  defpifes  the  King's  mercy , takes  a  Caftle^arid  when  he  and  his  Parti- 
sans could  defend  it  no  longer,they  (hot  one  another  ,and  were  burned  in  the  ftraw  they 
had  environed  themfelvswith  to  that  defperate  pufpofcSo  alfo  our  Fringe  was  fo  far 
from  being  mindfull  of  his  mifacquirement  of  his  wife,  that  hc  more  doted  on  her,  and 
on  hisJfTae  by  her,then  divined  the  abbreviation  of  his  life  and  happinefs,  by  a  Tre'afon 
which  fhould  determine  both,  and  leave  them  coriupt  in  bloud,  and  poor  in  condition. 
Sojuft  is  God,that  though  he  feemes  to  permit  the  inordinacy  of  men's  defiresin  the 
manner  and  meafure  they  propofe  them  to  take  effeft,  though  their  projeftsbe  what 
they  would  have  them,  and  their  profperity  what  they  can  moft  fecondarily  wifh, 


G  limit  on  Hift. 
H.+».lt34.ii|S 


Itimm 


am  ctvfdn  yet  at  laft  they  determine,  One  Coretlins  Ruftts  who  had  a  good  Confcience,agood  fame 
.JiVmavrndm  Great  authority,  a  wife,  daughters,  tie f  hews,  fsflers,all good  andVrith  them  good  Friends 
auknUt*m.frm.  is  enough  for  an  Age,  moft  men  have  the  contrary,  or  at  beft  but  viciffitudes,  yet  God 

"Zlfm  "" '«r«  ^as  'e^c  *°me  ^nftances  0^C' tnal  mcn  mignt  ^eek  t0>  a"d  ^ervi£  him  who  can  rarfc  and 

T"t'Timt'^ni'oi  blefs  whom  he  pleafeth,  and  not  alwayes  fuffers  it  to  fuccecd  virtue  and  induftry  leaft 

pgmrfvmumi-  it  fhould  be  afcribed  as  a  fruit  and  confeftary  •  of  them,   and  not  a  blefllng  of  his 

coteUi o  juiYo*  He  xt  is  tnat  fortunate s  fome  families  and  Eclipfes  others,  that  makes  fome  worthy  men 

obfeure,  and  other  worthlefs  once  eminent,  he  it  is  that  inclines  the  hearts  of  Queen  E- 

lizabeth's,  toftoofftr  her  Cecils  fake,  that  Vmuld  not  fi oof  for  the  King  of  Spaine's  faltt. 

oi&Z"jIhih  Theonelyway  thentoprofper,is  to  procure  god  our  aide,  and  to  prefcrve  him  our 

'onion,  which  they  will  never  do  that  make  lyes  their  Refuge,   and  that  work  by  il 

and  mifchievous  Engines.     If  men  would  be  rid  of  \\\evcFatiftina'$  as  Anttn'mus  couldl 

have  been  contented  to  be,  they  muft  reddert  dctem,  vomit  up  all  their  ill  gettingvby 

them 


^Commentary  upon  Fortes  cue.  283 

them,  God  wit!  not  clear  the  foul  of  guilt,  that  does  not  p3rt  with  all  that  is  facrilegi- 
ous,  a  depreciation  on  his  fon's  purchafe,  which  if  Fring  here  had  done,  he  might  have 
been  a  longer  liver  with  his  wife  and  Children,  For  fome  bleffings  his  marriage  had, 
which  no  wife  and  worthy  man  can  chufe  but  value,  as  Firft  a  larg  time  of  continuance 
14  years,  Time  enough  to  make  a  man  comptus  &  moratus,  well  trained  and  throughly 
polifhed,  and  affueted  to  the  nature  and  temper  ot  marriage,  that's  the  Oratours 
fenfe  of  moratus,  though  our  Chancellour  ufe  ic  as  a  term  of  duration  for  commoratus 
('the  noun  being  moflly  taken  in  the  former  fenfe,  and  the  verb  morari  denoting  ftay  ; 
So  Virgil  lough  ambage  aliquem  morari  ;  and  Pliny  ne  plnribus  moramur  in  re  confejfa 
and  P^.poKiHsuks  mor/tri  aphdaliquem,  vel  cum  aliijuo  ,  to  flay  with  any  one ,  mo- 
rari foLtiencm,  or  prafidium,  to  defer  payment  or  aid.  )  In  this  fenfe  Fringe  had  more 
happinefs  then  many  moft  excellent  husbands,  and  high  valuers  of  their  wives  have  had. 
Who  though  they  both  prayed  for  ,  and  delighted  in  the  enjoyment  of  them,  yet  had  , 

them  taken  from  thtm,  in  much  fhorter  time  then  our  Priefi  held  his.  Befides,fecondly, 
He  had  Children  ,  which  the  wife  man  calls  the  gift  of  the  Lor d,  and  the  fruit  of  the 
womb, his  delight,  and  thefe  he  had  not  fparingly,  but  in  number,  and  in  that  facred 
Number  feven,  which  of  all  numbers  the  Ancients  thought  mod  divine  ■,  For  though 
all  numbers  being  adjutants  to  memory,  are  afcribed  to  the  invention  of  Minerva, 
(quaft  quadam  Afcminerva,  which  Afinerva,\hey  ky  vjisde  capite  .  . 

J  avis  nata,   and  therefore  they  afcribe  all  parts  of  Ingeny  to  it ;     bu^M.etmjiwJa*™    M 
^As to  connfelwell,to  judge  right ly,and  to  do  juftly,)\\  fay,  though  all 

numbers  thus  devifed,  and  for  this  purpofe  intended  arc  ufeful  •  yet     *£* frim*  s"nta8-  "•  De Nat-  De»- 
fome  certain  ones  were  more  Cabalifiique,  and  efteemed  Chryptick^ 

then  others  were.     Pythagoras  valued  the.number  Three,  "becaufe      *  B»hdJ»t  i&\us  xfltnv  Sf 3»{  xj 
facratcd  to  Hecate,v/ho  was  called  Tfi^iuO-.Others  think  he  did  it     f«tT?«p  <^^'/«j,  Idem  eodem 
upon  other  grounds,  Alfo  to  Apollo  the  number  three  was  devoted,      loco.  />.  5  30. 
zs  6  to  Venus,  and  1 2.  in  fcripture  as  I  have  heretofore  noted 5  but      „    .  .-_.■■ 

•  •  1  -  ,  j.     .  litjijc  S*°*  fir  earn  Ttrmonn  numcrt  mylteriKm 

rhis  7  is  the  onely  number  conducing  to  the  life  and  body  of  man  ,     ZSm.  ,um  a»<»d.  „„„«,.  ,„  fim,  ad. 

Hence  probably  is  that  of  the  Civilians  from  the  Phifitians,  fepti-      ttttninn  ptavit  l.  Gytiidus  in  v£n%m, 

momenfenafci  pcrfcltum  part  ttm  jam  rcceptumeft,  and  of  thefe-      /""/"•"*•/•  *7». 

venth  fon's  fortunatenefs  ■,    But  greater  honour  is  yet  done  this 

number,   God  himfelf  refted  from  Creation  on  the  feventh  day ,  and  fanclified  it • 

and  the  feVos counted  it  numerm  quietis  &  feliciiatis,  In  allufion  to  which,  King 

David  may  be  thought  to  mention  often  praying,  by  feven  times  a  day  do  1  frnifc  thee,  l^ff'^)'  U' 

becaufe  of  thy  righteous  judgments,  and  how  oft  xJball  I  forgive  my  brother ,  unto  feven 

times  ,  fo  we  read  of  feven  Churches,  feven  Candltfiickj,  feven  Stars ,  feven  Lamps,  «•*•*••• 

burning  before  the  Throne  of  God ,  which  are  the  feven  ifirits  of  God ,  feven  Scales , and  ''   ''  *'  ' 

feven.  Angels  with  Trumpets,  feven  Angils  having  the  feven  lafi  great '  plaguct,  Thefe 

do  fct  out  th  e  number  feven  ,  which  applycd  to  our  Text's  purpofe,  declares  Fringe 

happy  as  well  in  the  number,  as  in  the  children  •     Godiiad  not  onely  more  blefsirigs 

then  one  but  even  feven  in  florc  for  him,   andthofehe  had  by  his  wife  in  a  fourteen 

years  marriage ,   Now  fee  the  danger  involved  in  this  pleafure,  the  Prieft  had  loft  his 

Church  income,  and  had  contracted  a  charge  which  he  probably  knew  not  how  to 

maintain:  And  that  evil  heart  of  his  that  made  him  to  defcrt  his  Orders,  and  that  by 

•n  impofuion  upon  the  Law  as  welt  as  upon  his  own  name  and  his  feduced  Witnefles 

Confcience.  now  tempts  him  to  feek  to  fuppoit  his  pleafant  life  by  Perfidie  and  Trea- 

fon  by  which  no  man  long  advances  himfelf.    For  though  God  often  bleffes  fincerity  Gumra  Hoiol. 

with  the  gain  of  greater  bleffings  then  men  lofe  ,to  prefcrve  it,  as  he  did  Valentinian,  ^J)?^,  p 

wbohattd  by  ^/r/^anddifchaigedhistruftinthc  Army  becaufe  he  was  a  Chriflian  mfijnurpafi, 

ar.d  retired  to  a  private  life,  was  upon  Julian's  death  in  the  PcrftanVfaxt  chofeo  to  be  a"s.  chli&iJZ? 

Emperour;  yethemoftly  recompenfeth  one  fucceffefull  fin  with  a  fin  of  mine:  thus  cXu  «i^./"«- 

did  lie.  the  Prieft  here,  after  a  fourteen  years  profperity.  «»"•• 


Dcmum  de  crimine  Ufa  MajtfiatU  in  tuam  ctlfitud'utm. 


e.  iz. 


This  Claufe  fhews  the  juft  return  of  God  on  Fringe  hisfalfliood;    Mercy  had  a 
torg  time  waited  for  Repentance,  but  becaufe  Judgement  was  net  fuddenly  executed  on  £„/,/,.,i; 
tbis  dinner t  ther e  fore  his  heart  was  fully  fet  to  doc  evil;   and  that  no  ordinary  one,  but 

fuch 


i$±  A  Commentary  upon  Fortes  cue. 

fuch  an  one  as  (hall  pay  all  the  Arrears  of  his  own  and  his  other  men's  fins :  That  look 
as  Montgomery  (  by  being  cafually  the  caufe  of  all  the  troubles  in  France  which  fol- 
lowed upon  the  death  of  Htnrj  the  Second  of  France,  whom  he  unhappily  killed  run- 
ning at  Tournament  with  him)  I  fay,  as  he  was  thought  many  years  after  puniflied 

d.  AviU/> .  *ct.  therefore  by  being  taken  in  Rebellion  in  Vanfront,  and  by  judgement  of  the  Parlia- 
ment of  Parts  executed  as  a  Tray  tour.-  And  as  Henry  the  Third  of  France,  whocaufed 

Pag.  818.  tj^c  j}^  0CffMife  to  bemurthercd,  was  himfclf  after  murthered  by  Clement .-  And  as 
H'»r7theDukeoft7*>y>  proud  in  the  Excellency  of  his  minde  and  body,  fothat  he 
boaftingly  would  fwim  in  a  ftrong  currented  River  againft  the  ftream  in  h  s  compleat 
Armour,  and  all  this  to  tell  the  World  his  ftrength  .,  whofe  pride  God  puniflied  his  by 

P*l-  753-  permitting  him  to  fide  with  a  Faftion  againft  the  Crown,  which  brought  him  to  flume 
and  to  mine:  I  fay,  as  God  was  revenged.of  thefe  mens  former  fins,  by  the  latter 
punifhed,  fo  was  he  with/ ringe .  I  nto  a  Treafon  he  is  lcd.and  probably  leads  others.and 
by  it  is  brought  to  a  fhameful  End,and  worthily  and  without  pity-,  for  Treafon  is  as  the 

Note  this.  fin  of  Witchcraft  againft  the  Law  of  Nature  and  Nations,a  falfhood  to  the  Pater  Pa- 
triot who  ought  to  be  adored  and  defended  .Treafon,God  himfelf  very  early  punifhed  in 
Lucifer  and  his  Comrades,  in  Corah  and  his  Company ;  neither  did  Heaven  bear  the 
one,  or  earth  brook  the  other.  And  hence  was  it  that  of  old  Tribuni  Sacrofanilum 
corpus  attingire  capitale  frit,  for  Treafon  is  that  which  has  fo  much  horrour  involved 
in  it,  that  it  denudes  a  man  of  all  Comforts,  ifijifa  i  pi"$ix*v,oAyLfK>v1  &c.    when 

llatttehm  M>.      ene  mAH  rejoices  in  his  family}  another  in  his  houfe,  4  third  in  hit  Wife,  in  his  friends. 

^uiuT'J^""     This  Treafon  refcinds  all  thofe,  and  difmantles  bim  of  all  but  fad  thoughts  and  deep  de- 

fpairs,  which  makes  all  Nations  to  abhor  it,  that  they  think  no  pu- 
•  ..    f„      .  ft.*i«,i    nifhrnenw  toodreadfull  for  it-,  For  it  being  a  diminution  ofMa- 

Crmtn  mhos   (Vicatiu  Chnfttjcgts )  ■%  ,        b  r 

cmm^mfroxirmmfunieiUtft.v^iiD.  jefty,  for  which  caufe  {a)  Civilians  call  it  Immtnuta  feu  Ufa  Ma- 
tt ''i—]«i.  Majcft.  jefiatis  crimen,  there  is  as  much  done  by  it  as  Malice  can  do  to  difar- 
f«;Thoioffanus  i*. ».  a.  ©■ «.  «y  the  glorious  Ma  jefty  of  God,of  that  refemblance,  of  his  fovereign 

power  ,which  he  hath  cloathed  his  Deputies  Supreme  Magiftrares  with, 

for  the  good  of  Mankinde,  and  the  preferving  of  Juftice,  Order,  and  every  thing  that 

is  praife  worthy  amongft  men.     Hence  comes  it  to  pafs  that  Treafon  being  as  much 

as  in  man  is  the  defeat  of  thefe  Glorious  ends,  is  by  all  Nations  and 

v.n  tM»m  .a.r  u  6-  -f*x  a**,.    a11  L«»w«  fevcrcly  punifhed   not  onely  with  death  in  the  Aftois  but 

MmiifersiodufHmMiur.  ooryinuj  ,En-     in  all  the  Counfcllors,  Abettors,  or  Concealonrs^  and  not  onely 

chjrid.  j«ms. M7».  againft  them  but  againft  their  Pofterities,  Families  and  Allies,  all 

Tho!oir./iM<  SjMdgm.jnnuniiHrfi.       which  for  Treafons  have  been  unfortuned,  banifhed,  yea  put  to 

Grimfton .»  h.  4  death,  and  that  with  all  the  exquifite  torments  imaginable  •  not  one- 

£X*  itu^Vyt'  'y t0  tcl1  mcn  thc  norridnefTc  of  the  faft  but  to  deterr  them  from  aft- 

ing  the  like  wicktdnefs.    Amongft  us  the  Laws  have  ever  been  moft 
fevere  againft  Treafon,  as  that  which  is  contra  celfitudinem  tuam,  as  the  Text  faith, 
againft  the  life,  Government  and  being  of  the  facred  perfon  of  the  King  in  the  fixati- 
on of  his  Throne  j  and  therefore  accounted  inter  fcelera  jure  humano  inexpiabilia. 
Hence  the  Law  of  Canutus  made  it  death  and  lofle  of  all ;  fo  King 
Iran  hge,  carmtit  «:.  Alfred  confirmed  the  Law  with  many  Additions  c.  4.  and  fo  the 

si  <•*>,  flimi  i^is  tut  t.mnifm  itf-  common  Law  puniflied  it  with  death,  lofle  of  all  both  fortnne  and 
dimsutmderit.viu  &  ubn,  fm,  omn.u,  family.  And  becaufe  the  crime  was  fodeep  dyed  and  contracted 
£*£.  i«cr  l.  c.n„ti  „,.  , ,.  Edir.     fuch  ,  pengity  oFnon-ulcralicy  in  this  World,  the  Parliaments  of  all 

times  have  not  onely  afcertaincd  Treafons  and  given  men  definitions 
ItiuoHju/0'' "*  and charaftcrs  of  their  confiftencies,  (preventive  of  expofitions  that 

Fieta/ii.i.'c.ii.  power  may  be  tempted  to  make,  and  mifchief  in  the  committers 

clnvluJ"''^  f         '  pretended   ignorance  of  ■, )  fothat  thofe  confulted  with,  cannot 

"  but  let  men  fee  their  duty,  and  their  danger,  and  leave  them  wholly 
*  sir  Edward  cook  pim  cnm,  c  trea-  caufal  of  their  difhonour  and  mine  if  they  obferve  them  not:  thus 
fcn/'1-  -  did  the  Parliament  of  25  E.  3.  in  the  Statute  of  Treafons,  which 

Aft  made  by  that  bleflcd  Parliament,  *  for  fo  'tis  called  as  it  well  de- 
ferred j  not  onely  for  the  many  good  Afts,  tut  for  this  Law,  For  except  it  be  Magna 
Charta,  no  other  AH  of  Parliament  hath  had  more  honour  given  unto  it  by  the  King, 
Lords  Spiritual  and  Temporal,  and  the  Commons  of  the  Realm,  for  the  time  being  in 
fuB  Parliament,  then  thit  Ail  (onctrning  Treafon  hath  had.  For  whereas  in  the  Statute 

21  R.  2. 


A  Commentary  upon  Fortescue,  iZ$ 

a  i  H.  2.  the  twelve  firft  Chapters  of  the  Statutes  of  that  Parliament  were  fpent  upon 
Inquiries  and  Treafons,  according  to  various  Opinions  and  SuccefTes-,  by  which,  the 
I  H.4.  c.  I  o.  fayCs,   No  man  knew  how  tobehave  himfclf  todo,  Jpeak_  or  fay,  far  doubt 
ef  [nth  fains,     fhofe  Statutes  of  2  r  R.  2.  were  repealed,  and  Treafon  onely  dated  Sep.trim*. 
according  to  the  15  E.  3.  cpnfirmed  by  1  E.  6.c.  12.  and  1  Mar.c.  1.  which  grave 
and  gracious  Statute  of  the  25  E.  3.  was  promoted  by  the  renowned  Judges  then  liv- 
ing •  as  were  the  Statutes  of  -Confirmation,  which  Sir  Edward  Cook^  mentions,  and  I 
here  from  him,  To  the  Housur  of  them,  and  of  their  Families  and  Pefierities,  who  were   j.inftft.  rt-». 
rot  by  thofe  expreffions  of  publick  fpiritednefs,  more  juft  to  own  their  profound  know-  Tre*r<>»«  i-  3." 
ledge  in  the  Laws,and  mercifull  to  their  own  Nation  and  Pofterities,  then  to  their  Sove-  n, r         , . 
reign's  Honour  and  his  Crowns  (lability,  in  promoting  the  fair  Ziliics  and  Refts  of      ■'.'rve 
the   CruWn  to  flourifb,   and  not  be  fiainedby  fevere  and  fanguinarj  Statutes  ;   For  as 
much  at  the  State  of  every  King,  Ruler,  and  Governour  of  any  Realm,  Dominion, 
er  Comminalty,  fianJeth  and  conffieth  more  afiured  by  the  love  and  favour  of  the  Sub- 
jetl  towards  their  Sovereign  Ruler  and  Governour,  then  in  the  dread  and  fear  of  Lawes 
made  -with  rigorovs  pain  1  and  extreme  punijhment  for  not  obeying  of  their  Sovereign  Ru-     " ' lc   r"mbIe 
ler  axd  Govtmmr  :  thefe  are  the  words  of  the  Stat.  1  Maria,  feff.  1. 

The  confideration  of  which,  as  it  induced  our  Kings  in  their  Parliaments  to  make 
no  more  things  Treafon,  then  neceffarily  were  fuch  to  be,  and  as  fuch  to  be  punifhed; 
the  particulars  whereof  are  in  a  great  meafure  fpecified  in  the  Statute  of  the  25  E.  3. 
which  Statute  is  fo  commentaryed  upon  by  Sir  Edw.  Co»k^,  that  1  referr  the  Reader  j  inftit.  fleas  ./ 
to  him,  who  as  to  thofe  things  doth  give  abundant  light  to  the  undemanding  of  the  ^reaibn"'  chap' 
Statute  ;  the  particulars  of  which  are  tor  a  great  part  Treafon  by  the  Law  Civil .-  yet  Theioffanus 
have  there  been  additional  Lawes  to  make  offences  Treafons,  which  by  that  Statute  sy"iaEm-  J"'» 
I  tbink  would  not  have  been,  for  that  did  but  declare  what  the  common  Law  was,  and    ' ' 3i' 
what  they  difcovered  then  neceflary  to  be  made  Treafon  •,  but  it  was  never  intended  to 
be  the  univerfal  Standard  of  Treafon,  fince  that  Parliament  which  made  it,  knew  well 
there  would  be  the  fame  power  in  fubfequent  Parliaments  that  was  in  the  prefent  one, 
and  they  reafonably  might,  and  prudently  ought  to  employ  that  power  of  theirs  to  the 
provifion  for  all  emergency,  as  well  of  Treafon  as  mifprifion  of  Treafon,  as  in  1  and  2 
Phil,  and  Mary  c.  9, 1  o.  5  Eli*..  1 1 .  M  BlU.  c.  3 . 1 8  Eli*,  c.  1 . 1 3  Eli*,,  c.  1 .  5  Eli*,. 
c.  1.  23  £//<..  c.  1.  27  EH*,  c.  1.  thefe  and  other  like  Afrs.  declare  Treafons  as  occaG-  > Inft;'-  c,"f- 
on  fhallbe;  which  makes  good,  >that  Treafons  being  high  offences  are  not  left  at  Tleafonsc  '* 
large  to  be  vagely  expounded,  but  when  any  Treafon  is  not  within  the  15  E.  3.    or 
fubfequent  Ads  unrepealed  (  unlefs  by  common  Law  it  be  )  no  Treafon  I  think  ought 
it  to  be sccounted,  although  I  know  fometimes  power  (though 

Quo  warranto  God  onely  can  queftion,  who  is  paramount  power  )  rZ^fo^'  *7' ?' 7<$'  De  M'C° 
makes  that  called  Treafon,  which  is  not  fo  really  ■,  but  as  the  King  £«*  pnmfOmu  r„,mmu,  tmftrtn  fim 
of  Navarre  told  Henri  the  Third  of  France  when  the  Pope  had  ex-    *£?*  u""mM"'>  £  i*"*"»  f"^fi«" 

...         ,-'.  lt-vi         r    —    ■/•  jt^i  '"""  v""n  P't'fl.    fieri  tmtm  Leo  ucn 

communicated  hi m  (about  the  Duke  oi  Gut/e,  and  the  Catho-  pouft.  sancius  Gregor.  »>  Regeft. /.*.  1. 
liques  caufe,  as  they  weTe  called )  and  complained  of  the  Pope's    £t~ •  *■ 

violence  sgainrt  him  ;  0  Sir,  faid  he,  let  your  Majefly  endeavour  to  conquer,  and  D.AWla.f.  ,n* 
be  ajfured  the  Cenfures  fhaU  be  rtvtked ;  but  if  We  be  overcome,  we  fball  aU  dye 
emdemned  He>etiques.  According  to  this  calculate,  I  fay,  power  has  ever  in  the 
world  made  ftrange  Treafons,  witnefs  the  late  Declarations  of  that  Nature,  which  En- 
gland thcie  700.  years  never  heard  or  read  the  like  of,  that  by  name  ot  January,  blacky  S»W»  cduat- 
and  blew,  fatal  January  1 648.  c.  4.  1 6.  that  of  f  /»/;,!  649.  c .  44.  that  of  August,  16  J  I .  ™\\*£.  %'?.' 
c.14.  that  of  September, \6<c6.  c.  3.  thefe  were  Declarations  of  Treafons,  not  known  in 
Books  before^  nor  according  to  the  Books  I  read  in  more  maprum  authorized:  but  to  this 
our  Text  has  no  refpe<ft,for  ihelafa  MajeStatis  in  it  was  in  tuam  cel(itudinem,not  onely 
againftafmgleperfon,  but  the  bed,  or  atleaft  fecondbeft  of  perfons  in  England  ■,  if 
not  againft  the  King  himfclf,  yet  againftbim,  whom  our  Chancellour  thought  the 
Heir- apparent  to  the  Crown.  For  truly  when,  orwherethis  Treafon  was  commit- 
ted ,  or  in  what  manner,  I  am  altogether  ignorant ;  though  the  word  conjurata 
makes  me  believe  it  to  be  by  treachery  and  fecret  praftice,  cither  to  betray  bis  Prince 
or  reveal  his  Counfels ;  it  probably  being  not  recorded,  atleaft 'in  Hittory,  as  I  be- 
fore wrote:  tut  fure  that  it  was  our  Chancellour's  Authority  gives  me  nndoubt- 
ingly  to  believe,  and  that  the  judgement  was  according  to  Law,  up«n  either  his  Con- 

B  b  b  feflion 


x8d         A  Commentary  upon  Fortescue. 


Reg.  Juiii. 


y^.7-1*' 


Seneca,£f.  3'- 


feflionorpr»oi'by  Witneffesi  for  the  Text  fayes,  hevtucoHJurtte  convltlus,  which  I 
conceive  he  could  not  have  been  but  by  tryal  and  judgement  upon  it :  fince  (the  rule  of 
Law  fayes  Res  non  ideo  vera  eft,quiaaffcritur,fed  quia  pre^rwr ,)wbkh  being  donewo«6 
&  forma,  he  remains  an  infamous  Tray  tor,and  fo  adjudged  to  fhame  and  death,  yea  to 
fhamc  after  death;  the  Quarters  of  whom  arc  Monuments  of  terrour  to  all  fuch  Suc- 
cefToors  in  Treachery  :  lor  furely  he  muft  be  feduced  by  Satan  and  his  own  evil 
heart,  who  can  be  treacherous  to  a  King  of  England,  who  governs  by  the 
Eicon  Bafiiic.  fetled  Lawes  of  his  Kingdoms,  which  are  ( faid  the  wifeft  and  worthieft  of  Kings 
''kt'uL^m'tl  *n<*  Men  °f  ^s  "me)  tk*  foft  Excellent  Rules  you  tan  govern  by,  which  by  an 
*'f 'mul  Ju  «r  admirable  temperament  give  very  much,  to  Subject's  Industry,  Liberty,  and  Hap- 
mUfruum  s>  fjneffe  ;  and  jet  referve  enough  to  the  Majefiy  and  Prerogative  ef  any  King  who  owns 
v""i"-  hu  people  at  Subjects,  not  as  Slaves  ;  whofe  Subjection  as  it  preserves  their  propirty, 

veace,  and  fafety :  fo  it  wi&  never  diminijb  your  Rights  nor  their  ingenuous  Liber- 
ty, which  con/ifts  in  the  enjoyment  of  the  fruits  of  their  industry  and  the  benefit  of  thofe 
Laws,  to  which  themfelves have  confented.  I  fay,  who  da>-e  be  treacherous  to  fuch  a 
King,  defervesthefeverityofthcLaw  as  Fringe  here  had-  who  Fox-like  dealt  un- 
der ground,  and,  privily  confpiring  againft  his  Sovereign,  wasj  conjurato  convillus, 
and  put  to  death  therefore.  And  now  it  behoves  his  difguife  to  kbe  taken  off,  and  him 
nakedly  to  appear  what  indeed  he  was,  who  had  masked  fo  many  vices  hitherto  under 
the  covert  of  Religion  and  the  gravity  of  his  profeffion  ;  and  he  having  but  a  Moment 
(as  it  were)  to  live,  in  ipfo  mortis  articulo,  when  the  abjumentsto  his  difpatch  were 
fitting,  then  he  follows  the  Prophet's  counfel  to  Achats,  Confers  his  fin  and  gives 
glory  to  God  ■,  in  not  biting  in  the  lip,  but  openly  publishing,  that  not  onely  as  a  Tray- 
tor  he  now  dyed  :  but  that  Cod  had  brought  this  guilt  on  him  to  fhamc  his  former 
prevarications,  and  to  difplay  his  occult  defultorynefs  and  theatriquc  perfonation  of 
what  he  was  not :  And  he  that  (hould  have  followed  thcMoralifts  Advice,  fubfilire 
ad  caelum  ex  angulo  ■,  though  he  failed  in  that,  yet  did  exfurgere  modo,  &  fe  Deo  dig. 
nam  fingere.  Now  outcomes  Confeffion,  the  fecond  beft  thing  to  innocence,  and  he 
penitently  acknowledges  that  he  did  fuborn  Witneflesto  depofehis  Contract  with  the 
woman  he  marryed  j  whereas  there  was  no  fuch  thing  in  truth,  but  that  he  did  it  to 
procure  his  legal  relcafe  from  his  religious  Calling  and  fevere  fingle  lite.  O  how  happy 
are  afflictions  and  deaths  to  thofe  who  by  them  are  made  penitent  finners !  how  great 
caufe  have  God's  fonahs  to  bleffe  God  for  a  ftorm,  and  a  Sea,  and  a  Whale  to  fwallow 
them,  to  prevent  the  fwallow  of  thebottomlefs  pit  ?  How  mercifull  is  God  to  men  in 
love  with  themfelves  when  profperous,  bringing  them  to  fee  themfelves  mifcrable  and 
to  look  for  a  better  State  above  themfelves.  O  'tis  happy  when  affiidions  are  dfiTttt 
j£  hoy*  yj/uiffAATti,  the  difcifline  and  exercifes  of  virtue  and  gtodnefs  ;  when  men  by 
them  are,  as  that  Laconian  faid  Children  were  by  tcacking  them,  made  more  accu- 
ftomed  to  and  more  delighted  with  virtue ;  when  God  by  them  brings  our  fins  to  re- 
membrance which  we  had  forgotten, and  which  we  would  have  fiifled  and  buryed  till  we 
had  for  them  been  buryed  in  the  pit  ont  of  which  there  is  no  redemption  •  thus  benign 
was  God  to  our  Prieft  here,  who  Vfisfub  temporaria  gravitate,  vtl  petius  fub  gravitatis 
imitatione ,as  Pliny's  words  are^and  feemed  to  deferve  fome  praife  for  his  faithfullnefs  in 
performing  his  troth  to  his  Miftris,  which  is  the  part  of  an  boneft  man  •  nor  is  any  nsan 
juft  or  worthy  that  does  it  not  (I  mean  not  to  a  Miftris  of  pleafure  as  Gallantscall  them 
( for  they  neither  keep  nor  deferve  to  have  faith  kept  to  them  (  but  of  virtue  in  order  to 
a  Wife  )  who  fo,  I  fay,  to  thefe  keeps  not  faith,  will  have  it  one  way  or  other  punifli- 
ed  notably  •,  as  Fringe  had  for  thofe  fins  which  were  as  bad  as  bad  could  be,  contriving 
a  lye,  fuborning  Witnefies  to  depofe  it,  A  poftacy  (as  it  were)  from. his  order  and  ha- 
bit ( for  God  accounts  Fringe  a  voluntary  defenor,  not  under  compulfion  of  Canon 
becaufe  he  contrived  hisown  degradation,  and  the  Law  was  as  to  that  blamelefle  )  and 
what  makes  all  the  reft  appear  ?  Treafon:  which  had  it  not  been,  and  by  it  death,  the 
Prieft  would  probably  have  not  at  all  confefled  this  his  fin,  or  not  fo  publicklyand 
fo  amply  as  he  did ;  but  God  that  faw  in  fecret  did  regard  him  openly,  not  in  the  fenfe 
thofe  words  were  uttered  but  in  the  fenfe  they  were  threatned  againft  David's  fin, 
2  Sam.  12.  12.  Thou  didft  it  fecretly,  but  I  w*//  do  this  thing  before  all  Ifrael  and 
before  the  Sun.  By  which  God  made  Fringe  confpicuous  in  the  penarce  of  his  death, 
who  was  not  fo  in  the  innocence  of  his  life  ■,  fo  true  is  that  of  the  Empcrour  Anto- 
ninus. 


Iliad  frtcifutfa.- 
Intent     imftdic 
quod  cm  nobis  (If 
cemtu;  idu  mMtri 
ntlnmm  ij*i»  »•' 
tftinas  tfi  credi- 
miu.Scncc.tp.69- 
M.  Antoninus 
Edit,  baiakeii, 
f.  !7»- 

T«  K&h*.   vile 
•k audi  if  *icAeo6 
»ro/w.   loco 
pracitat. 

U.t.  Ef.lt. 


A  Commentary  upon  Fortescue,  287 

rims,   Thaxgb  the  Cedar  be  lofty  and  beautifull  to  behold,  ytt  the  coal, 

thereof  is  nothing  the  whiter  font-    and  though  the  flint  be  vile  and     u"'  *•*■'•**•  &  t*Uhr»  fit.  "** 

,     J  f      ,     „      -  J  ,  .'  ,        ,,      I  r   J    ■  A  /"-J       (**>"'*    'Miliar  eft  illmi  c*rh  ;     &  licit 

unaer-foot,  yet  the  drft  of  tt  u  nothing  the  blacker  for  it ;    often  God  lUx  lmmil„  dr(„muijHI  ^  mhlto  fnftt^ 

mains  the  diffdxti.n  of  mean  men  ,  Vrboare  bred  hard  and  live  near-  "■  »«"'»>•  4  •"'»»  «wi»i  fife  r>amm 

fr    more  f.gnal  and  remarkable   then  that  of    Princes,    who  feed  fig^^Ei  WjZZ 

i'Vi,  lye  Jtft,  andarefullofpteafures,    thus  chat  Empcrour.  trintipm  jiidtiitttifijmevixcre.   Marc. 

From  which  notable  example  of  JnWf,  we  ftiould  all  learn  to  Amon-  "'  -t>'^/4 ."*  ^"pp™  ag- , 
make  our  lives  referential  to  our  ends,  and  to  do  nothing  in  health, 

profpenty  and  life,  which  fhall  upbraid  us  in  ficknefs,  diftrefs,  or  ctmu  r*»>,  «  j&n  v*«  «,//,.  *.«,/„«„ 

death.     For  as  dying  BruxiBm  comforted  himfelf ,  Sure  I  am,  M'u '/"■'•'  •"  m'r"  r""  »«»?'"■*  m*. 

,    .   ,    i  i.  i       ■       i-r    1        J  •    •  j     ^-.    t  it      Itfitlum.   Cu;».  in  Horol.  Fnnc. 

faith  he,  to  him,  that  in  life  hat  done  no  injury  to  men,  the  Gods   will 

"■not  be  unkjnd  at  his  death,  that  is  in  Scripture-  phrafe,  He  that  has  Vfat.ut.t4. 

wade  God  his  fong,  his  portion,  and  his  delight,  in  this  houfe  of  his  Pit-  r/~\ ,'\*'m\\ 

grimage,  wil  finde  him  not  far  off  when  trouble  is  near  and  there  is  Tfil.n.u. 
none  to  help  him.     And  fo  1  leave  the  confideration  of  Fringe. 

^ualiter  &  fapt  pervertijudicia,  falfarum  teftium  medio,  etiam  fnb  optimis  ju- 
dicibus,  non  eft  tibi  inauditumnec  in.ognitum  mundo,  dum  fceliis  illud  (froh  dolor) 
creberrime  committatur. 

Thefe  words  are  the conclufire  deduction  from  the  Premifes  by  which  the  Chan- 
ccllour  is  not  to  be  undcrftood  to  lay  blame  on  the  Law-Civil,  which  allows  demoli- 
tion of  Witneffes,  to  cad  caufes,  and  rules  Judges  to  fentence  according  to  them  j 
though  they  be,  as  in  the  prealledged  Cafes,   never  fo  unjuft  and  perjurious:  but 
ferves  onely  to  commend  thofe  Lawesmoft,  where  the  greateft  care  isexpreffed 
to  prevent  them  ■,    which  though  the  wit  of  man  cannot  do,  without  the  Grace 
of  God  reftrain  •,     yet   there  is  mod  probability  of  obviating  it,  where  the  fe- 
vereft  fcruriny  is  of  the  Witneffes,     and  the  moft  materiall  Exceptions  to  invali. 
date  them  allowed  :     which  for  as  much  as  the  Civil  Lawes  do  their  part  in  the 
Empire,  and  the  Common  and  Stacnr,e  Law  performs  its  part  here  ^     there  is  no' 
cauie  to  charge  either  of  them  for  thcMifchief  of  ill  Accidents  in  their  refperftive 
Orbs.     God  has  condemned  all  under  Sin,  and  under  the  fatall  effefts  of  it  ■,  and 
Errours  will  fall  out    fub  optimis  fudkibus.      No  Magiftrate  fo  holy  ard  wife, 
no  Law  fo  fevere  and  punctual ,     but  may  be  defloured  with  evil  men  and  evil 
practices  under  them ;     Non  eft  tibi  inccgnitum,    nee  ineognitum  mundo,   fayes  the 
Text,    wilh  regard  to  the  Community,   and  fo  not  to  be  wondred  at  appear, 
ance  of-  fuch  Monfters.      All   that   refts  to  good  men  is,   to  take  h-edof  thnr 
Wayts,     th.it  thiy  offend  not  with  their   Tongues ,     and  to  hate  every  evil  way  and 
work\_  ■,    which  is  the  fenfe  of  proh  dolor :  J  and  to  have   the  Motto  of  the  Fa- 
mily of  Momcrancy  fiduciaily  in  their  eyes,     Dens   primum  Chriftianum  fervet,    D  A(r.,a     fJ. 
which  the  Wife-man    tranflates  into  other  words  to  the  fame  fenfe,     Acquaint' 
now  thy  felf  Vrith  God ,    and  be  at  peace,    fo  fliaU  God  come  unto  thee ;     and  thus 
if  they  be  guarded,   They  flail  not  need  to  fear    in    the   evil  day  :    Nor  Jbai  the 
Sons  if  J 1  I'nce  do  th.m  harm  :    but  that  God,  whom  they  ferve,  will  not  reward 
them  with  diffavour,   as  Henry  the  Third  of  France  did  his  old,   noble,  and  wife 
Marfhal  Momtrancy, whom  he  removed  from  Court ,  becaufe  he  pretended  he  knew 
not  how  better  to  reward  for  his  great  Merits ,   then  with  cafing  him  of  the 
trouble   and  toyl  of  Affairs-,     but  he  wiS  keep  htm  in    all  his  wayts ,  in  perfil 
feace-,  which  is  the  portion  only  of  thofe,  whoft  hearts  are  flayed  en  God\   who,   Yfiy.ll'M' 
tohis,  is  the  onely  continual  Fea$  in  life,  andafter,  receives  kii  to  G  lory  :     where,to   Tm-.is.»*« 
praifehim  fhall  be  their  Delight,  and  to  enjoy  him  their  Eternity.    And  fo  we  con- 
clude this  Chapter. 


Bbbi  CHAP. 


x88        A  Commentary  upon  Fortescue. 


CHAP.    XXIL 


Non  igitur  content*  efk  Lex  Francix  in  criminalibus,  ubi  mors  imminet,  reum  /«* 
fitbus  convinccrt,  nefalfidicornm  teftimonio  fanguis  innecens  condimnetnr.     Sed ma- 
■vnlt  Lex  ifla  rets  ules  torturis  crnciari,   &c. 


H! 


Ttrturt  tuMtitts 
irtju  tints  ft  time- 
t»r  fit  nudum  ma- 
rm  regitniun. 
Tnoloil  Syntag. 
Juris  unueiti, 
hi.+t.c.iz.tt.zs- 


*At  in  Gallia  pra- 
nifcui  amnai  c»- 

JHlCUntjHt  dlg'tld- 

tit   &  mlditdtis 
fuerint  cum  lucu 


Ere  the  Chancellour  takes  off  the  afperity  of  fome  Civilians  againft  the  pro- 
ceedings of  the  Common-Law  by  Juryesas  well  as  Witneffes,  upon  conlider- 
ation  that  even  France,  where  the  Civil-Law  is  the  National  .Law  •,  yet  does  allow 
the  Rack  to  prevent  falfe  witnefs  in  criminal  Caufes,    which  is  beCdes  the  ordinary 
Prefcript  of  the  Civil  Law  •,   whereby  depofition  of  WitneiTcs  is  oncly  allowed  to 
Conviction.     Nor  furelyisitamifs  that  I.awes  fhouid  be  framed  according  to  the, 
Natures  of  the  people  over  which  they  have  influence,  but  very  prudent  and  juft  it 
fhouid  be  fo  j    yea  inconfiftent  it  would  be  if  it  were  otherwife.    lor  as  all  people  have 
cloaths,  dyet,  pleafures,  company,  and  all  enterprifes,  means,  and  inftruments  pe- 
culiar to  them  •,  fo  have  Kingdoms  exercife  of  Legiflation  according  to  the  Vices  and 
Virtues  regnant  in  them.     And  as  there  was  reafon  that  led  our  Anceftors  to  try  mat- 
ters of  Fa&  by  Juryes  j  fo  was  there  no  doubt  like  rcaibn  in  France  lor  the  ule  of  the 
Rack,  not   onely  the  purgatory,  but  the  Hell  to  torture  f-Jfhood,  and  by  conteffi- 
onof  latent  mifchiefs  to  prevent  innocent  bloud-fhedding.     lor  though   wein£*- 
gland  have  a  Rule  Nemo  tenetur  feipfum  accufare,  and  in  Judgement  ot  Law  lie  is  no 
offender  that  is  not  proved  fuch  ;  yet  in  France ,  becaufe  perjury  hath  brough:  many  to 
death  that  have  not  deferved  it,  but  onely  had  a  charge  from  n  alevolence,  and  the 
effceft  of  it,  fubornation  of  Witneffes  :     Therefore  the  Law  is  there,    char  if  a  man  be 
criminally  accufed,  the  bare  depofifions  againlt  him  fhall  not  condemn  him,  unlcfs  he 
himfelf  confefs  the  fad  either  voluntarily  without  compulsion  or  terrour  •    or  upon 
'unMrikm  deux,  rjie  Rack  applyed  to  him.    Jmbertus,  and  Tholojfnnus  after  him  allow  this  the  Law  in 
'^'"i'udttTnm     Fr"*ce>  and  witnont  cm$>    N°*  contenta  eft  Lex  Franria,   fayes  the  Text.     For  fince 
id."J.n»<<fimm  the  end  of  torture  ispunifhment  for  indagation  of  the  truth,    it  is  thought  fit  there 
fdeenflent.  im-  to  do  it  by  this  means,  which  is  ^uinqnepartite,  andconfifts    i.  of  threats  of  Rack- 
bcrtusw.j.  i«-  .         ^    in  leading  to  the  place  of  Torment.    3.  Uncloathing  and  binding  the  Party. 
Thoioff.  w.41.   4.  Lifting  him  up  upon  the  Rack.  Laftly,  Adding  weights  to  his  feet,  &c.     Thcfeand 
Circumftances  of  them,  the  French  Civilians  abound  with  •  and  this  the  Law  of  Franct 
does,  as  not  finding  the  proof  by  Witnefles  ( who  may  be  fuborned  or  malicioufly 
afted)   the  very  infallible:  way  to  difcover  truth  and  prevent  innocent  bloud-fhedding  ? 
and  though  by  the  common  Rules  of  Law  even  Racks  and  Torments  are  not  allowed 
in  certain  Cafes ;  yet  even  in  them  Cafes  the  practice  of  France  enfranchifes  it,  and 
the  reafon  is,  Jz*ja  inter t ft  Reipublica.  delitla  manifefta  ej[e,  &  detcgi  ut  fmiantttr  ^  and 
this  is  no  new  Law,  for  the  Authour  adds,  Atque  ita  majomm  more  indue!  urn  ei?t  nt 
delitla  qua  clam  committuntur  femotis  Ttftibus   per  tormenta  appareant. 

Reum  Teftibus  convincere.']  Witnefles  ought  to  be  by  all  Laws,  and  without  them  no 

conviftion ordinarily  lyes,now  the  perfon  to  be  convi&td  by  them  the  Text  terms  Rens. 

The  Greeks  called  this  0  ?^v-  whence  our  Common-Law  has  the  practice  to  tharge  the 

Inqueft  upon  criminal  and  capital  Offenders,  Tee  jbaU  inquire  whether  he  fled  for  it, 

fince  (a)  fuga  prafupponit  reatum  :  the  Civil-Lawes  by  Rett*  underftand  the  fame  thing 

in  ®gi  mcufantur  Rei  criminis,  qui  conveniuntrr  Rei,  that  is  in  TuRfs  words,  Rei  [nut 

ditli  quorum  res  agitur  -,  and  fo  again  4.  De  Or  at.  Rcos  autem  ap- 

pello,  non  eos  mods  qui  arguuxtur,  fed  omnes  quorum  de  re  difceptatur  - 

cWidiTholv^anus  when  he  makes  Reus  rO  be  a  Relative  term,  under- 

ftands  judgement  at  Law  to  confift  of  three  partyes,  the  Aftor,  the 

Judge,  the  criminal  perfon,  that  is  Reus.    Thus  Vlpian,   Eumcum 

quo  agetar,  accipere  debemus  ipfr.m  Reum  •,  and  the  Glofs  on  (a)  VI- 

pun,  lib.  i.  ad  L.  fuliam  &  Pap.  makes  Reus  Accufatus. 

So  then  the  fenfe  is,  that  whoever  is  accufed  of  a  (rime  which  forfeits  Im  life  and 

Eftate,  muft  be  conviftedofit  by  folid  proofs  of  two  Witneffes,  or  by  confeflionor 

•  flight. 


M.u.ttt*. 


Idem  todim    Uca 
ff.  iz.dd/inem. 


Fttetur  fdcimi 
qui judicium  fugit. 
Rej.  Juris 

(a)  B.eg.  Juris. 

1  T>t  Omorc. 


Syntagm  Juris  univerfi.   Hi.  i*.   f.  ». 

f.i. 

Lib.zz.  ad  Edict.  Text.  Digeft.  lib.  rz. 

Tit.  z.f.  117>. 

(a;Lji.ij.  Tit.  i./.iM2.1r£u]Glofs. 


3  Tnfiit.  c.  6(. 
Of  ttn{fir*cy. 


Nt^ut  ptrtintcti, 
ntque  tiimittm  ti- 
rmdt  unqutimj  vtl 
vix  vtrHtu  fatt' 
antnr.  lholofs. 
llb^%.c,\l.  fi".  6. 


A  Commentary  upon  Fortes  cue.  280 

flight.    So  is  the  Law  of  God,  fo  the  Common-Law,  and  no  new  courfes  has  the 
Government  of  Eng land  ever  introduced-    for  if  any  one   guilty  dLTreafon,   be 
flain  in  it  and  cannot  be  brought  to  Tryal,  which  is,  Teftibus  cmvinci ■,  ]  the  courfe 
is  to  attaint  him  by  Aft  of  Parliament  :     fo  was  it  in  Httt.6.  time,  Stat."}  9.  c.  1. 
whereby  JackjCadt  was  attainted  •,  and* fo  has  it  been  defervedly  often  fince.     So  that 
though  eur  Common  or  Statute- Law  has  not,  thanks  be  to  God,  our  Kings,  and  Par* 
Laments,  enfranchifed  and  made  legal  the  odiotis  torture  of  the  Rack  to  difcover  Con- 
fpirrcy  or  fecret  ViHany  by  j  though  perhaps  in  fome  high  Cafes,  and  upon  fuppofition 
of  Martial  Exigencies,  high  punifhments  fuch  as  the  Rack  either  threatnedor  execu- 
ted has  been  ufed :    yet  has  it  a  very  grievous  puriifhrhent  for  Confpiracy,   and  that 
by  a  WritofConfpiracy,  and  an  lndiftment  at  the  fuitof  ihe  King;     the  manner, 
punifhment,  and  extent  of  it,  Sir  Edward  Cool^  fets  forth.     But  the  Law  of  France  is 
not  contented,  faith  our  Text,  to  take  this  accufation  of  WitnefTes  for  infallible,  there- 
fore mavr.lt  Lex  Ma  tales  Tbrtnris  crv.ciari,  which  choice  of  France,  thus  to  fub- 
join  Tortures  to  come  to  the  difcovery  of  truth,  yet  for  all  them,  is  fallible,  and  the 
Tryalsoftbem  to  be  eluded.    For  fince  they  are  to  join  with  prefumpcions  and  fo  far 
arconely  practicable  in  France,  fevered  from  them  tortures  mud  not  be,  andtherea- 
fon  is,  Quia  ex  prafutnptiombus folis  nemo  dawnandus  eft  capitalitcr.     Which  contider- 
ed,  though  the  Tortures  in  France  may  be  intended  to  fearch  out  truth  and  lecure 
innocence,  yet  are  they  no  otherwayes  available  thereto,  then  other  milde  r  courfes 
are  with  us.     Truth  depends  on  God,  and  if  he  do  uot  lighten  men  inro  the  difcove- 
ries  of  it  by  an  extraordinary  lag-xity,  and  open  the  dark  cells  and  vaults  of  itsirecefs 
by  his  co-operations  with  mens  endeavours,  violence  will  do  li:tle.    How  many  do 
we  read  in  ftory  whom  tortures  worked  not  upon  to  declare  what  they  knew  of  Se- 
crecy,  by  name  Leana  Anftogiton's  Miftris  j    Chariton  and  Menalippus  -,  Theodorus, 
whom  Jerome  the  Tyrant  of  Sjraeuft  fo  in  vain  tortured;   Anaxarchus,    Arttaphila, 
Alexander,  Fannhts  his  Servant ;     Philip  Servant  to  Fulvtus  Flaccus  ■,    the  Servants 
of  M*rk\  Anthony  and  PUtinus  ? Uncus  •,    that  famous  Mother  Ljgu<,  whom  Taci- 
tus mentions  as  defpifmg  death  to  conceal  her  Son  ;    that  woman  He&or  Ephicaris, 
privy  to  the  Pifonian  Confpiracy  againit  Nero  ,  Qjntilia,  privy  to  the  Confpiracy  a- 
gainlt  Caligula  ■,  that  famous  Servant  in  Spain-,  whofe  Mailer  being  flain  by  Hafdru- 
ial  the  Carthaginian,  he  on  Hafdrubal  revenged  by  killing  him,  and  when  he  was 
tormented,  ridens,  geftiensetue  latitia,   in  medio  dolore  expiravit  ;    add  to  ihcfc  £»- 
netus^i  Verona,  Bardilv,  Vincentinus,  that  Servant  of  Mauritius  whom  Punt  anus  writes 
of:   thefe  and  many  other  like  Examples  may  be  produced  of  the  inefftftuality  of 
to-ments.     Thatcurfed  Rav'Uiacle,  who  had  the  exquifiteft  torments  that  art  and  fe- 
Tenty.could  invent,  aftedonhim  to  make  him  confefs  his  Companions ;  yer  confeflcd 
nothing,  but  that  he  was  inftigated  to  it  bj  the  Devil.     F»or  Sin  is  of  an  obduraring  na- 
ture ,  and  he  that  has  been  fo  wicked  as  fo  def  gn,  is  not  often  terrified  by  puniftiment 
fromafting  it;     Confcience  indeed  may  work  much  towards  conrefljpn,  but  death 
and.  tortures  work  often  nothing,  which  furely  is  onccaufe  (befides  the  Chriftianity 
that  is  exprelTcd  in  avoiding  inhumane  torments)  that  the  Law  of  England,  though  it 
allows  Prifons  ad  ditintndos,  ma  ad   puniendos,  as  BraQon't  words  are  ;  yet  it  allows 
not  Prifoncrs  in  them  to  be  durely  ufed,   not  to  be  bound  in  fhackles,    nor  to  be 
beaten:    for  whatfocver  is  of  .pain  toprifoners,    other  then  to  keep  them  from  c- 
fcape  or  mutiny,    is  criminal  in  a  Coaler :     And  therefore  there  is  110  prefent  Law, 
that  I  know,  to  warrant  tortures  o  dinarily  in  England,   nor,  faith  Sir  Edward 
Cock.,   can  they  be  juftifiedby  any  prefcription  being  fo  lately  brought  in,  and   ne- 
ver heard  of  ;'with  us  till  z6H.6.  when  John  Holland  Earl  of  Huntingdon,  and  Duke 
of  Exciter,  being  Conftable  of  the  Tower,  brought  it  in ;  but  to  little  purpofe  :  for  it 
never  had,  as  by  Warrant  of  the  Common  or  Statute-Law,  place  ( God  be  thanked  ) 
here ;  for  it  was  a  new  punifhment  he-e,and  fuch  Tholofianus  fayes,  £tu  magis  ad  Car- 
nificts  imwanei,  efnam  ad  Chri/tianos  Judices  pertinent  -,    and  as  the  Hoi v  Martyrs  found 
inhumanely  exercifed  upon  them  in  Queen  Mary't  dayet,when  their  hands  were  burn- 
ed off,  and  their  bodyesabu fed,  not  by  Order„nor  according  to Common,or  Statute, 
but  upon  fome  pretence  of  Canon-Law  •,  the  which  I  the  rather  note  to  (hew  the  hap- 
pinefsofthc  Reformation,which  dcterrrlined  cruelty  of  perfecution  to  death  fimply  lor 
opinion ,  (^except  it  be  for  Herefie  within  the  Statute  of  1  £/»'*.)  and  leaves  men  fecure 

from 


IbIyieus  lib  », 
Valer.  Max.  lib. 

Egnatius  lib.  %. 
c.  4.  Val.  lib.  t. 
<••♦■ 

Polyxnui  lib.%. 

Valer    Max. 
».!.«.  J. 

Fu'gofus  lib.  J. 

c  3- 

Pontanus  lib,  i. 
c.  7.  Dt  EtrtilHi. 
Dtmifli'*. 


Serres  in  lift 

H  4. 

Lib.  ftfU,  105. 

6-137. 


Ceek  f  I'm  "f  il" 
(rtnn  p  35-  »l. 


Symagm.  Jims 
univetfi  lib.  41. 
c.  1  j.IT  ir. 
Fox  *4lf>  mid 
Monttoitiitt . 
f   15U1  IJ16; 
1536. 


zoo 


A  Commentary  up on  Fortes  cue. 


tit  Edvdrd  Cio{ 
I  Urtit.  p.  ut. 
cksf.  101. 


Tholoff.  Synug. 

Juris,  /ji.+l.c.u. 

IT.  it. 


from  that  while  they  arc  not  Trajt ors,  Heady,  high  minded,  Lovers  of  Pleafures  more 

then  Lover s  of  God.   '  And  if  the  Statute  of  i  &  z  P.  &  Mary,  c.  3 .  called  by  a  great 

name  A  dangerous  Ail,  was  but  a  probationer  to  the  4  &  5  01  the  finie  Reign  ;  and 

then  onely  to  continue  to  the  end  of  the  next  Parliament:    uhuh  being  the  1  Eli*, 

was  by  that  confirmed  to  Queen  £/»*,.  and  to  the  Heirs  of  htrbody,  which  tailing, 

This  Ad  hath  loft  its  force  as,  faith  theaforefaid  Authour,  ifuasvett-Vverthj.     ifay, 

If  the  Nation  were  fo  fparing  to  endanger  one  Limb  of  a  Subject,  how  much  care  did 

they  intend  to  expreflc  to  the  whole  body,  which  the  Rack  difjoincs:     but  of  the 

?  inftitutes  cbtp.  care  of  our  Government,  to  exclude  Porciners  grcatnefs,  and  forcin  Cuftoms  hence, 

IZ'lri™""  read  Sir  E*»*ri  Ce6t,  and  thc  Statute  4  fac.  c.  1.    about  Tryals  of  Scotch-men  and 

imt         Englijb-men  -,   In  all  which  thumavult  Lex  iUareosTorturis  crucian,    is,as  1  humbly 

conceive,  by  the  Law  of  England  left  out  of  its  Allowance  and  remains  purely  French. 

JVuonsejne  if  ft  cor  urn  reatum  con  fit  cant  nr.  ~\  This  is  one  end  of  the  R  ack,  that  they, 
that  are  accufed,  may  be  brought  to  Confeflion  •  that  is,  that  they  may  make  thac 
known  which  is  ftrongly  fufpe&ed  and  fworn  againft  them :  not  that  Confeflion  in 
torture  prefently  makes  a  proof,  for  that  it  does  not,  nife  rests  rati  feet  eandem  k  tor- 
tura  remains,  in  juris  auditorio,  as  the  Do&ours  fay,  jdquc  exprejfe  apud  aila  extra  car- 
ceres  &  torment  a  -,  and  if  he  (hall  deny  what  he  is  accufed  of,  thc  firlt  and  fecond  time, 
and  that  a  day  after  every  of  their  torments,  when  he  is  in  coot  bloud  }  then  the  third 
time  he  denying  is  abfolved,  n§  in  infinitum  precedatur  ad  Tormenta  -,  for  thus  fuffer- 
ing  and  denying  his  guilt,  videtur  furgaffc  indicia  :  fo  that  the  Law  of  France,  in  re- 
quiring Confeflion  by  fo  terrible  panifhments,  fuppofes  there  is  fomthing  to  confefle  • 
and  it  may  be  feared  to  prefs  fame  by  terrour  to  confefle  that  againft  themlelves,  (to 
pleafe  the  Judge  or  the  State  by  whom  they  are  profequuted)  which  never  was  in 
thought  or  intendment.  And  thus  that  danger  which  tortures  are  intended  ro  prevent, 
may  be  incurred,  Paffmcs  iniqua  !  What  more  fuch  then  bafe  fear,  and  what  fub- 
ornationes  adperjurium  are  there  more  dangerous  then  Revenge  and  Reward,  to  con- 
ceal others  by  accufing  a  man's  felf:  thefe  maybe,  and  have  been,  not  withstanding 
Confeflions  on  Racks,  and  have  been  as  injurious  as  perjurious  Witnefles-  and  there- 
fore our  Law  here,  though  it  had  purgations  by  Or  deal  and  Battail;  yet  becaufe 
they  were  cruel,  and  God  did  not  ever,  for  reafons  belt  known  to  hi mfelf,  deter- 
mine Innocence  and  Guilt  by  the  Events  of  them  ■,  but  that  many  innocent  perfons 
periihed  when  nocent  ones  efcaped  by  them  :  therefore  has  the  Law  obfoleted  them 
now.  And  where  Offenders  are  not  by  clear  evidence  caft,  there  they  are  not  to  be 
fentenced  and  executed  •,  notwithstanding  which  favour  of  the  Law,  as  few  great  Of- 
fenders in  England  lye  hid,  and  avoid  their  deferved  punifhment,  as  in  any  part  of 
the  World. 

Quali  cauticne  atejne  aftutia ,  criminofi  etiam  &  de  crimimbus  fufp:ili,  tot  Tortu- 
rarum  in  regno  iio  generibus  affliguntur  ,  quod  faftidet  calamus  ea  Uteris 
deftgnare. 

J$aali c/iHtioue  atque  aftutia.  3  This  is  brought  in  to  fhew  the  formale  internum,  of 
Lawes  penal  and  provifional,  wifdoms  forms  them  with  fuch  waryneffe,  a?  that  the  re- 
medy (hall  neither  p'ove  the  difeafc,  nor  fliall  the  Probi  be  too  fhort  for  the  bottom 
fearch  of  rhe  wound;  but  there  fhall  be  every  grain  of  virtue  and  vigour  that  is  ne- 
ceflary  to  thc  effect  ion  of  its  intendment.  And  thus  compofed  Lawes  are  worthy  their 
name,  and  operative  to  their  end.  Hence  cautio  is  ranked  with  previfte  by  TuSj; 
and  aftutia  coming  from  *rv  the  old  word  for  a  City,  in  which  men  are  made  wife 
and  wary  by  experience  and  converfation.  Our  Text  predicates  thefe  endowments 
of  the  Law  even  of  France  in  the  cafe  of  Racks,  which  no  doubt  but  were  invented 
by  the  wifdom  of  worldly  men  to  carry  on  their  Terrour  over  their  treacherous 
Subjects,  whom  they  can  punifh,  if  either  they  really  be  guilty,  or  be  onely  fufpetfted 
to  be  guilty  :  for  fo  the  Text  fayes. 

Criminofi  vel de  criminibus  fnfpttTi.~]    Thfcfe  tortures  are  appointed  for  both  par- 
ties, whether  they  are  actually  or  fufpeftedlv  criminous  ^  the  formerof which  are 

called 


Omnino  tmnium 
hornm  viiiorum, 
Mtque  incommodf- 
rum  una  cautio 
efl.atqtte  untf  pro 
vi  fio  ;  utnenimit 
cipo  dtli^cre  inci- 
pittmus.  neve  von 
digno\.  ^4d  Attic 
lib,  I.  14.  11. 


Hie  Tribunn plelns.mtdeftus,  prudent,  run 
mode  n,n  fiditiefu,,  fid  cr  fedinefis  adver- 
firms ;  ille  anient  aeerbm .  crimimfm,  ft- 
putans  heme  ae  turbutentm.  Cic.  pie 
Cluentie  7,-. 

T  A.  Gellius.  lib.  a.  c.  ».  <^io. 


A  Commentary  upon  Fortescue.  291 

called  trlminafi  euphatiquely  ;   for  words  terminating  in  e/jwhavean  import  of  aug- 
mentation, Ebriofus,  gulofus,  famofus,  be&icofus,  formofus,  furiofus,  imperiofus,  fc- 
ditie/tts,  fo  Tmllj  tifes  U  :  and  when  Bonefus  the  Emperour  is  defa- 
med by  the  Hiftorian,  as  one  born  utbibat,  non  ut  vivat,  there  is 
fomewhatof  Analogie  hereto  intimated  ■,  it  being  part  of  the  Tri- 
umph of  Wit's  liberty  to  exprefs  the  grandeur  of  things  by  words  of 
alte/i,  which,  haying  a  fharpnefs  of  accent  and  fyllabiquc  pomp, 
ire  underftood  either  exprefilve  of  excellent  virtue,  *  or  execrable 
vice :    fo  that  our  Text  by  criminofus  intends  a  noted  Offender, 
fatens  crimen  -,  and  as  it  were  fine  tefte  probatnm,  whofe  guilt  is  not 
fo  much  neceffiutis  as  voluntatis  •,  not  ftich,  becaufc  be  cannot  avoid  it,  as  he  will  not 
becaufe  he  being  wicked  delghts  in  wickednefs,  to  whom  it  is  a  fecond  nature,  and 
that^vhich  gratifies  him.     Such  gride  fome  men  take  in  their  combuftiblc  and  finfull 
hHmours,  that  they  cannot  account  themfelves  happy,  but  when  they  are  in  fome  crimi- 
nal Angularity  ;  like  our  Proto-  Brownifl  Matter  Brown^  who  made  fo  little  acconnt  of 
his  Schifm  from  the  Church,  that  he  would  glory  He  hadbeenin$2'Prifons,  in  fome  ef 
Tehichhectuld  not  fee  his  hand  at  Noon-day  ■,  yea  when  he  was  above  eighty  years  old,  «"/.^'s  1C^"h 
hisobitinacy  isfaidto  befuch,  that  for  breach  of  the  peace  he  was  committed  to  Nor-  rii*> 
thampton-Coa.\,  wherein  he  dyed,but  this  by  the  way  :  that  which  I  mainly  note  is,that 
criminofus  here  in  our  Text  is  fuch  an  Offendor  as  is  willingly  and  defigncdly  a  breaker 
of  the  Law  and  that  with  obftinacy. 


Termenta  fine  prefitmptitiu  tun  firnt  itp- 

genda.  Grariap.   Decree,  ficunca   fane. 

CauC  1.  qu.  1.  cio. 

In  cnmmibui  firxtandis  epnifiit,   adhiberi 

filet.  Tholoff.  lib.  41.  Tit.  it.  pe  quifti- 

onibus.  •Art.t. 

Gen.A.  ». 


Et  de  criminibus  fufpetti  1  Thefe  incurr  the  Rack  too  ■,  for  there 
being  in  the  Law  vehementia  indicia,  which  are,  though  not  full 
proofs,  yet  feconds  to  it ■,  they  are  therefore  faid  to  draw  a  man 
intoqueftion,  becaufe  in  canvas  of  crimes,  queftionsare  propound- 
ed for  themtoafifwer,  and  jult  it  is  that  before  men  bepuniftied 
ihey  fhould  be  examined:  God  prefidents  this  in  his queftion  to 
Cain,  where  faith  he  is  thy  Brother  Abel  ?  And  reafon  dictates 
this  Method.  For  fince  there  may  be  offences  dangerous  though  indifccrnable,  there 
muft  not  onely  be  a  ftudy  of  not  being  openly  guilty,but  of  avoiding  whatever  may  juft- 
iy  give  fufpicion  •  for  of  all  things  fufpicion  is  the  moft  prying  and  cankerous  incum- 
brance.- 'tis  a  fruit  of  envy,  tenerity,  fubtlety,  and  hatred  amaf- 
fed,  and  it  has  all  the  (pawn  and  venomeof  them  in  it ;  itin£/» 
made  Hannah  a  deboift  lewd  woman,  who  was  a  vehement  Zt- 
ht,  and  who  in  the  bitternefs  of  her  foul  begg'd  of  God  his  own 
Glory  in  a  blefllng  to  her  fclf.  Sufpicion  is  crime  enough,  as  good 
before  men  be  guilty,  as  fufpc&ed  fo  to  be  ■,  onely  in  *  Confcience 
fufpicion  without  ground  findes  Relief.  Much  fufptilcd  may  be, 
Nothing  provedcanbe,  was  the  Motto  of  our  Virgin- Queen  when 
flic  was  enough,  and  more  then  (he  deferved,  fufpecfted^  but  God 
cleared  her  innocence  :  and  fowill  do  if  men  walk  circumfpedtly, 
keep  good  company  and  good  hours,  ufe  moderate  pleafurcs  and 
live  in  moderate  expenccs.  That  in  fine  will  belt  fecurefrom  fufpi- 
cion which  comes  nearelt  to  Albert ns  Scipioni  his  fage  Advice  for 
Travel,  Tour  thoughts  clcfe  and  jour  countenance  loofe,  will  gt  fafely 
ever  the  whole  World,  that  is,  keep  a  good  tongue,  ar.dan  unbafie 
fpirit,  and  fufpicion  of  crime  will  be  a  ncn  ens.     . 


Crimen,  fllfa  fiiffnie.  Donatus  in  Virgil, 
it  «/£». 

*  folium  larmentum  confiiemia  majtti  ift, 
iHa  wctllMim  hac  extern*  definite,  intra 
It  ell  tinfilaler  ittui.  Peuaicha  in  Dia- 
loS  *5  De  Tormentis. 
Tunc  demi'.m  ad  urlmam  dtveniendkm  eft. 
cum  fi.fi eSm  eft  rent,  &  eum  mnttit  ar- 
gument! urgeiur. 

F.  Pegna  Schet.  ut.  in  tertiam  partem 
Direitotii  Inquifir.  tit.i.  p.  its.  Edit. 
Eimerici,  Imprefl'.  Romi  1528. 

J  penficri  flretti&  ilvifofci- 
olto.  Sir  Henry  Wotton's  Ele- 
ments ArchitcQttre,  p.  3  p6» 
OfhisWorkj. 


T»t  Torturarstm  in  regno  illo  generibu-s  a^Hguntur^  ejtiod  fafiidit  calamus  ea  literu 
defgnare. 


This  the  Chancellour  adds,  not  to  raife  a  wonder  that  offences 
(hould  be  varioufly  pumfhed  in  different  places  and  Nations  ■  for 
nothing  is  more  ordinary  and  convenient  then  that  it  fo  fhould 
be.-  but  to  evidence  that  the  Frenches  they  are  a  very  ingenious 
and  nimble  fancyed  Nation,  fo  do  they  expreffc  it  in  all  things  that 
they  do  either  of  word  or  Aftion.     And  indeed,  as  I  am  nota- 


Eadem  feeler  a  in  diver/is  Provindii  rra- 
viut p ledum ur.  ut  in  Africa  nefnwn  in- 
eenfirei,  in  Myfia  vitium.  L/lpianus  apni 
Digeft.  hi.  at.  c.  16.  Text. 
Guide  De  Suzaria.  Trait,  De  Tortura 
item  ratit  Bologaini. 

ftiamed 


ioi  A  Commentary  upon  Fortes  ctis, 


T.  ttttx  De  C* 
ft«o.77*ff.  Di 

Ttrturii. 


Fr.  f  egni  Jcfci/. 

lit.  i»   ttrtum 
xrttm  Dirt&oru. 
Inq'jifit.  M.  1. 
f.zif.  tmtlitrt 
Eyraerico.  lm- 
frtfKomx  sAn. 
U7«- 


flitm  fd«-  loco 
.116, 119. 


Grttiin.'   D««ret 

'59  c.  6.  glofs.  I. 


furtf  fimnd* 
p.  107J. 


Caufa 


fhimed  to  own  my  difafleftion  to  their  fafhions,  much  as  I  humbly  conceive  to  the 
difhonourofour  priftinc  Gravity  introduced  amongft  us,  and  to  itie  wafteof  our 
wealth  which  was  wont  to  be  expended  on  hofpitality,  and  now  is  lavifrud  in  toyiih 
baubles  and  airy  nothings  •,  fo  is  our  Chancellour  as  much  out  of  love  with  their  Me- 
thod of  difcovcring  truth  in  cafes  of  great  confcquence  and  of  latent  nature  ■,  though  it 
is  faid  they  are  intended  not  to  explorate  cruelty,but  to  penetrate  truth  and  to  avoidall 
danger  by  malevolence.  For  fince  reafon  fuppofes  a  man  will  not  willingly, if  at  all,aflerc 
himfelf  to  be  guilty  of  what  he  is  not,the  Canon  Law  (for  1  fuppofe  it  hilt  to  allow  tor- 
tures)en joins  that  where  vehement  fufpicions  are,&  the  Indicia  are  proved  by  two  Wit- 
ncffes,tbere,if  the  accufed  party  will  not  confefs,  racked  he  muft  bcjbecaufeby  his  oblti- 
cunning,  the  faft  can  be  no  otherway  proved  -,  for  torture  is  fnbfidinm  tjutddam  exte- 
rnum ad  inveniendum  veritatem  -,  and  where  any  other  way  can  be  taken  to  difcover, 
torture  is  not  to  be  ufed  ;    and  whereever  the  contrarjr  is,  the  learned  Spaniard  i .tyes, 
'tis  Dt  confnetudine  fanguinariorum  bminum.     Ancrthis  to  prevent,   I  humbly  con- 
ceive to  be  thecaufe  why  the  Law  of  England  is  fo  fparing  to  leave  any  thing  to  dis- 
cretion in  punifhnvnts,becaufe  men  are  fo  apt  to  preferr  paffion  before  Juftice  •  there- 
fore are  all  opportunities  of  paffion  refcinded  and  the  pofitive  Law  is  prefcnbed,wcl1  the 
Reverend  Judges  do  obferve  precifely-,  and  were  it  otherwifc.that  inconvenience  mighc 
be  with  us  that  is  abroad,  where  much  of  judgement  is  arbitrary ■,  for  though  in  the 
,  Civil  and  Canon  Law  the  Rules  are  ftraight  enough,   That  no  man  u  to  be  tortured  when 
there  is  other  proof ;  one  h  by  Report  vo  man  is  to  be  tormenttd;  that  /^Indicia  ought  to 
be  prevtdbj  tVto  fVitneffes ;  that  onelj  fame  is  not  fujfeient  to  bring  a  man  to  torture, 
except  the  man  be  of  ill  life,  id  belief,  and  ik  converfation,  &c.  Yet  becaufc  in  thefe  Cafes 
the  Judge  is  to  determine.nothing  is  more  ufual  then  to  aft  fomething  like  cruelty  under 
the  pretence  of  Juftice.  And  therefore  though  all  Doftoursagrec,thac 
in  cafe  of  Treafon,  ubi  criminaliter  no*  poteft  probari,  tortures  are 
neceflary,  and  no  perfon  is  exempt  and  priviledged  therefrom  ;  and 
the  like  in  Hcrefie :    yet  do  even  they  who  are  mod  for  it  conclude, 
that  they  muft  be  by  wonted  and  known  Tortures,  which  Grillan- 
dus  and  Julius  Clarus  make  five  in  number,  and  Marfilius  im- 
proves to  fourteen,  and  boafts  he  had  invented  another  per  fomni 
'  fubfiraHionem:  but  Pegna  fo  far  abhorrs  this  wicked  ingenuity,  that 
he  patlyfayes,  That  Invention  of  cruel  Tortures  toafflicl  menbj,is 
rather  the  work  of  Hangmen  and  Cannibals,  then  of  Lavr/ers   and 
Divines -,  which  calls  to  my  minde  a  fpcechof  that  mild  Spaxifi  fa- 
ther A  If  onfns,  Confcffor  to  King  Philip  ;  who,  when  he  fawthe  Proteftanrsfo  hur- 
ried to  the  flames  for  their  Religion,  profeffed,  PurpureusWtc  imber  monfirofes  pro- 
duct foetus.     AH  which  confidered,  though  ^France  do  abound  in  various  Tortures, 
fuch  and  fo  many  as  is  tedious  to  rehearfe,  and  troublefome  to  think  upon  ■,  yet  bleffed 
be  God  thefe  tortures  are  restrained  to  that  Country.  For  in  Arragon{  Pegna'*,  noble 
Country,  &  femper  Catholico  regno,  as  his  words  are)  torture  cannot  be  inflidcd  by  the 
Judge,  butoncly  in  Cafe  of  Hercfie  •  nor  in  England,  fo  for  as  I  can  finde.can  any  man 
fuffcr  death  upon  religious  accounts  but  in  cafe  of  Hcrefie  upon  the  Statute  of  ElU.  1 . 
wch  Hcrefie  is  alfo  there  limited  to  prevent  the  danger  of  misinterpretation.And  though 
with  us  we  have  many  different  punifhments  for  Felonies.as  Infaliflatus  a  Felon  was  at 
Dover, DcmcmbratHs  of  his  eyes  and  (tones  at  Winchefter  &  JVatlingford&t  Southampton 
drowned,at  ivVtJM»wpfs»,beheaded(and  fol  think  at  HulUnd  Hal) fix,  the  fuddennefs 
of  which  gaveoccafionto  that  fpeech,  From  Hell,  HuV,  and  Hal] fax,  Good  Lord  deliver 
us,)  and  fo  in  fundry  other  places  ■,    yet  have  we  no  fuch  tortures  for  Malefactors  as 
Erancehzs.    For  fuch  the  tender-hearted  Chancellour,  who  had  long actended his 
noble  Prince  and  his  hard  misfortunes  there,  knew  the.torturcsto  be,  fo  various  in  their 
number,  and  acute  in  their  nature,    that  he  fayes  plainly,  FasliMt  calamus  Uteris  de- 
^Anu  fAtiidit  4-  fignare;  that  is,  he  thinks  it  pity  to  propagate  the  memory  of  them,  and  refufes  to 
give  them  the  honour  of  ought,  but  his  abhorrence  •,    for  faftidire  is  as  much  as  rectt- 
fare :    and  the  <sSp»p<Lv»\a.  which  he  ufes  to  exprefs  his  minde  6-±v\:>\oyii  by,  tells  ns, 
that  his  ftomach  rofe  muchagainft  them,  and  his  tender  foul  did  penance,  while  he 
remembred  what  dreadfull  accounts  the  Engineers,  that  invented  them   were  to  make 
to  God.     I  confefs  'twas  a  moft  hellifh,  execrable,  monflrous,  unpardonable  Par- 
ricide, 


legna  loco  frtciutt. 


7>iV«»  quod  ftntio,  luc  trtttMu  it  ruvii 
Mrmtntii  txngaaniit,  c*rmfc»m  tft  fntim 
cmdiliHin  qutm  J  urtetnfitlttmm  &Thn- 
logimm.    Loci prxmato. 


Selden   ■««     o\ 
Hengham./.is). 

iS+. 

Hengham  patva, 
t.J.f  »7- 


wi*rt.    Ovid. 
Jnvtmtl  Ahum,  fi 
U  bit  fajtidit 
Alexis. 
Virgil. i»  Bucol. 


A  Commentary  upon-  Fortescue,  2<?$ 

ricide  that  Rav ;'/uf^commi:ted  onthat  brave  and  puiffant  King  U.  4.  and  no  torment 

was  great  and  grievous  enough  for  it -,  but  yet  to  read  the  Narrative  of  it,  is  a  terrible  te:tes '"  '■''  l,fi'< 

torture  to  a  meek  and  mercilull  fpirit :    and  the  tortures  that  fames  the  Grand-Mafter 

of  the  Tempers  in  Trf.nct  was  put  to,  when  they  tormented  him  to  death  by  peice- 

mealei tom.kehimconfefsfuch  things sgainft  the  Order  (which  they  hadaminde to  r-1"'"  &miiius 

extinguifh )  as  they  were  in  no  fort  guilty  of,  which  he  confefied  he  did  to  be  rid  of  ru^htiPhl!ipei 

the  pains,  and  in  hope  of  life ,  though  he  craved  God^and  his  Order  pardon  therefore. 

Thefe.  I  fay,  are  great  tortures  •  fo  alfo  were  thofe  that  the  Venetians  executed  upon  shut««'Ave- 

*  J  *  "  5  1       •  •        1  nice  p  ■*  %  7 

Calerio,  afTaffine  to  ihe-Venjtian  Gentlemen  in  Candy,  who  being  by  the  Venetians 
taken,  was  thrown  down  from  the  top  of  the  Palace  on  fwords  points^  and  Afojfolerico 
his  brother,  being  convi&ed  for  fending  Letters  into  Padua,  while  befiegedbythe 
Venetians,   was  with  two  Priefts  confederate  with  him  put  alive  into  the  ground  be- 
tween the  two  Cofumnes  with  their  heads  downwards.    But  yet  thefe  are  fuch  as 
France  affords,  for  fo  in  the  particulars  it  followes. 
• 
Quidam  in  Fqunleis  extenduntur.  ~]  This  is  one  of  the  kind  of  tortures  France  has, 
and  a  grievous  one  it  is  ■,  Theextenfionofthe  body  on  a  wooden  Horfe,  on  which  the 
hands  and  feet  are  fo  faftned  and  the  body  ftrelfed  with  weights,  that  as  it  follows, 
Forum  rumpunttir  nervi  &  vent  in  fanguinis  (litenta  prorumpunt,  this  was  a  Heathen  Ro-   H*c  nUm  in  S- 
man  punifliment.  Tally  mentions  it :     Of  kin  alfo  it  is  to  the  Rota  or  breaking  on  the  JjJJT  "J^'" 
Wheel,  which  the  Germans  of  old  uted.     Of  thefe  punifhments  that  is  true  which  the  Tnlfi^Z  tLu. 
Hiftonan  fayes  of  the  extraordinary  punifhment  of  Mains  Sufetius  drawn  in  pieces  s.  tu(cu1.i». 
with  wilde  Horfes,  Hud  veluti  immite  p rater que  Legum  immanitatem,  in  exemplnm   Al  tb  A\exiai. 
dcduUum  turn  eft,  which  is  the  reafon,  1  fuppofe,  I  flnde.no  mention  of  it  in  the  w.  j.<-.  s. 
Digtft,  either  in  the  Title  Jguaft.  or  paenarum.    From  which  acutenefsofthe  pain  and  LnA9.c.i,jlf. 
rape  of  the  violence  of  this  torture,  our  Text's  fayes,  Rumpmtur  Nervi,  that  is,  it    • 
breaks  in  upon  the  main  Battalia  of  the  body,  and  that  it  muft  do  by  a  violence  of  af- 
fault,  and  a  not  to  be  refilled  force  ■  for  the  Nerves  which  the  Grecl^,  call  x£&,  from  Galen,  lit.  De 
i£m  nutarevtl  pUere,  are  the  motive  inftruments  of  the  body,  of  a  fpermatique  and  MomMufcuio- 
bloudlcfs  fubfhnce,  endowed  with  fenfe  and  motion  •,  and  therefore  as  the  Arteryes  Ium' 
and  veins,   fo  the  nerves  are  reckoned.  Inter  prima  &  fimpliciftima  element  a  humani  IA  1.  Detle- 
corporis-,    and  fo  available  are  the  Nerves,  that  by  them  areJexprefledthemoftne-  roemis- 
ceffary  furtherances  to  motion.    Hence  it  is  that  Galen  by  v&yv  underftands  not  one- 
ly  that  genus  titum,  ejucd  a  cerebro  &  fpinali  medulla  eft,  or  that  which  arifes  out 
of  the  Mufcle«,  and  by  Hippocrates  is  called  the  Tenon  ;  but  alfo  that  aivJio-p®-  or  Li- 
gament which  phyficians  call  v£>y*  oviSi-miv,  the  binding  or  holding  together  Nerve,  L,4-.IJi  Deufa 
which  having  according  to  the  old  philofopy  its  Rife  from  the  hearty  or  as  the  later  pa"m 
Anatoreyftsreferrittothebrain  j  from  either  whereof,  as  the  nobleft  parts  of  life, 
is  argued,  the  Nerve  to  be  a  choice  inftrument  :  and  this  the  learned  understanding 
fo,  exprek  every  thing  of  excellency  by  it.  as  the  Notes  on  OHr  thirteenth  Chapter  do 
declare.     So  then  the  Text  by  this  rumptmtur  ne rvi,  ~]  underRands  a  total  fubverfion 
of  nature,  fuchaRoutintheMicrocofmasisunrallyable,  and  with  Sampfon's  ftrain 
of  flrength,cariyes  the  foundation  from  underpropping  th»fuper(trufture,  that  which 
difleifes  life  and  enters  death  as  a  forcible  Poflefler,  &  vent  infa'nguiuisfluenta  prorum- 
punt, 3  that  is,  by  a  breach  of  thofe  china  ampuls  in  which  are  the  liquids  of  life  repo- 
fed,  not  or.ely  their»wor.ted  circulation  is  impeded,  but  all  its  fpirits  evaporated  and 
fubftance  loft.     Fluentum  fignifiing  a  fmall  River,  and  the  bloud  being  by  breaking 
of  the  veins,  which  are  tenuous  and  lucid,  moved,  all  the  contents  of  them  flow  out  •, 
and  that  is  true  of  fob,  tve  are  aU  as  water  fpilt  upon  the  ground,  that  cannot  be  ga- 
thered up  again. 

Quorundam  verc,    diverforum  ponderum  pendulis    ditfolvuntur  eompagines    & 
juntlnrf. 

r 

This  is  another  kinde  of  Torture,  that  of  disjointing  the  body,  and  that  by  Weights 
which  arc  too  heavy  for  the  joints  to  bear  up,  by  the  weight  of  which  the  body  is 
tornapieces.     This  i9  worfe  then  that  punifhment  in  ts£thkpia,  where  thofe  that  are  Alex,  at  Ale*. 
criminous,  are  forced  to  drink  the  Herb  Ophiufa,  Ophiufta,  or  Ophinaa,  which  will  *•»••« 

C  c  c  fo 


Kollingfhed 
R.  i.f. 412- 


ip4        A  Commentary  upon  Fortescue. 

fo  terrific  the  mindc  of  thofe  that  take  it,  and  prcfent  to  them  fucb  terrible  viewi  of 
things,  that  they  fhall  chufe  rather  to  make  themfelvcs  away  then  endure  ir.  Or  like 
that  Perfian  torture  called  Diifhcndomtna,vthcceby  men  are  tyed  to  the  bodyes  and  topi 
of  trees  deflected  ■,  which  when  they  let  loofc,rcnds  the  body,with  its  forcible  rerurn  to 
its  natural  pofition,  into  pieces  ■,  this  is  that,which  in  another  fenfe  then  S./W  declares 
the  two  edged  fwori,tbe  word  of  God  to  </«,divides  between  the  Marrow  and  the  Bonts,r.ot 
onely  beats  up  but  blows  up  natures  Quarters  into  Nullity,  dijfotntiont  continni :  Such  a 
like  cruelty  as  this  was  in  Richardthe  Seconds  time  butcherly  and  batbaroufly  here,  by 
the  L.  Holland  and  others,  acted  on  a  Carmelite  Fryer,  who  accufmg  the  Duke  <f  High 
Treafon,  which  the  Duke  {great  inpoVtcr)  excufed,  and  his  Excufe  by  the  King  being 
excepted,  he  thereupon  frajed  the  King  that  the  Lord  Holland,  the  Kings  half  Bra  far, 
might  have  enflody  of  the  Fryer,  till  the  day  that  he  Jbould  come  to  his  full  Trjal  •  the 
Night  before  which  day,  the  faid  Lord  Holland  and  Sir  Nicholas  Green  Knight, 
came  to  the  Fryer,  and  fatting  a  Cord  about  his  Neck. ,  tyed  the  other  end  about  his  privy 
Members-,  and  after,  hanging  him  up  from  the  ground,  laid*  Jlone  upen  his  belly ,  with 
the  weight  thereof  andpoi/e  of  his  body  withall,  he  was  ftranglcd,  and  tormented  Jo, 
m  his  very  backbone  burfi  in  fstnder  therewith,  be  fides  the  flraining  of  his  privy 
Members. 

JZttfHorundamgagganturora,  ufque  dtsm  per  ilia,   tot  aquarum  infundantur  fluenta, 
ut  ipfornmventer  montis  tumt feat  more,   &c. 

This'is  another  Torture,  to  apply  to  the  mouth  the  Gagg, called  Zhs'ofuor  fofaft 
clafped  to  the  extended  orifice  of  the  mouth,  that  it  not  onely  hideoufly  pains  it  to  be 
kept  at  the  heigth  of  extenfion,  but  alfo  impedes  all  fpeech  or  complaint ;  as  alfo 
gives  opportunity  to  exercife  utmoft  fury  upon  the  Intrals,  by  infufion  either  of  fcald- 
ing  lead  or  any  mettal  into  the  body,or  fuch  vaft  quantities  of"  water  as  the  Trunk  can- 
not contain,  but  muft  break  with  the  burden  and  ftowagc  of  it.  This  furely  was  an  Eth- 
nique  punifhment;  to  which  *  S.  Paul alludes,*  la  ■Sbro^w^fpeaking  of  falfeTcachers. 
And  the  Gagg  is  only  here  ufed  by  Thieves,  who  to  hinder  out-crys,whereby  they  may 
be  detected,  gagg  men  .•  and  fo  when  fomc  obflreperous  Offenders  have  been  broughc 
to  punifliment,  to  prevent  their  blafphemyagainft  God,  and  the  Authority  they  dye 
under,  fome  Powers  have  made  uie  of  this,  though  never  that  I  read  of  in  Englaxd,therc 
being  a  better  way  to  prevent  fuch  ravings  fpeedy  execution  :  for  though  the  Law 
does,  as  I  think,  allow  the  Sheriff  liberty  to  give  the  condemned  and  to  be  executed 
perfon,  freedom  of  fpeech  upon  prefumptioa  that  he  will  teftifie  fome  remorfe,  or 
declare fomewhatof  fober exhortation  to  the  people-,  yet  wbenjiisconccfiionisa- 
bufed  to  raving  and  vehement  execrations,  to  infolent  and  high  juftifications,  which 
are  derogatory  from  the  honour,  authority,  and  juftice  of  the  Magiftrate  •,  the  Sheriff 
is,  as  I  think,  to  hinder  that  by  executing  the  Law  $  for  Reafon  as  well  as  Religion 
directs  not  to  abufe  Liberty  for  a  cloak,  of  maliciousnefs. 

figet  {proh dolor !)  jamjpenna   exquifitorum  ad  hac  crr.ciatur.rn  enarrare  immania. 
Nam  eorum  varintus  numerns,    vix  notari  poterit  magna  in  membrana. 

This  the  Chancellour  adds  to  fliew  his  abhorrence  of  the  wicked  ingenuity  of  thefe 
torments;  and  his  vehement  abjuration  in(  Proh  pudor)  is  firft  obfcrvable;  for 
any  thing  that  affects  the  heart  with  grief  or  the  face  with  fhame,  Authours  have  ex- 
prefled  by  Proh  dolor,  proh  pudor :  and  though /w  be  ufed  fometimes  and  but  rarely, 
yet  proh  ob  afyirabilem  liter  am  plus  affcit,  fay  the  Critiques,  perhaps  doing  refpect 
to  H  out  of  that  Rabbinique  reafon,  becaufe 'twas  a  Letter  of  the  name  of  God,  and 
fo  dignifiing  what  ever  it  was  conjoined  with.  The  fenfe  is,  that  our  Chancellour 
thought  thefe  practices  rather  matter  of  forrow  and  fhame  then  joy  &  triumph,  adding, 
that  there  can  be  little  love  and  pity  where  thefe  tortures  are  infultingly  practiced. 
Our  Lord  fefus  when  he  prophetically  beheld  the  City  near  to  thofe  cxigencies,that  the 
Remans  foon  brought  it  unto,  wept  over  it  ■,  faying,  0  that  thou  hadfl  known,  eventhout 
in  this  thy  day,  the  things  that  belong  to  thy  peace,  &c.  And  the  Prophets,  when  they 
had  burthens  to  difgorge  on  the  people,  did  ir,  as  it  were,  befhrewing  themfelvcs  to 

be 


uramcnium   'ft 
tjui  or*  fiUnlinm 
ttrluranrur  &  l*~ 
x*nt»r~  c»m   »f*' 
eft.  EudSBS   in 
Findeft.  p-  6«7- 
Edit.  Blfil.  J. 
UJ4. 

*7Y».i.n. 

Vitfuvius    W. 
9.C.15.  DeHy- 
draulicis  Org»- 

nii. 


A  Commentary  upon   Fortes  cue,  io? 

be  the  Meffcngers  of  ir.     Holy  Mofes,  when  God  would  be  let  alone  to  deftroy 

Jfrael,  and  bids  hir.i    defift  his  prayer  for  their  falvation,  interpofct  with  God  thus, 

Blctjr.Jr.Jmt'-,   O  Lord,    o::t  of  the  Bock^  of  Life  rather  thin  dijlroy  jfrad.     laffior.s,    ^^  , 

if  ever  they  are  religious  and  commendable,  are,  when  they  are  exercifed  about  grief 

for  fin,  and  fhame  ior  want  of  forrow.    O  what  a  difanimation  and  amazement  was 

there  in  Lutrece,    when  Tarqn'm  had  raped  her  chaflity,  (he  wounds  her  fclf  to  be  re- 

TenfiedontIieinfoler-.ee;    yet  heals' her  reputation  of  chaft,  by  the  reafon.  that  ac- 

companyed  the  blow  ;  O  Vans,  quoth  (he,  the  Wound,  1 thy  forced  Wife  k.ve  made 

in  my  heart,  does  nt  affliil  we;    but  the  wound  thy  love  hath  made  in  me,    who    Vr-lms, fete, i»» 

ought,  And  would  »mly  have  enjoyed   and  been  enjoyed  by  thee,    but  am  violently  *-    f/f  ^°/'gff'^'' 

gatnft  my  foul  and  fewer  made  dtjlcjaJ to  thee:     This,  This,  was  her  Proh  Puder.  qH' 

Piget  fenna  exejttifitcrt'.m.~\'\h\%  K'etoromy  the  Chancellour  rhetoricates  his  preten- 
tion of  thefe  things  by ;  not,  buf  that  lie  could  enlarge  on  them,  but  becaufe  he  would 
rather  bury  and  oblivtate,  then  brighten  and  perpetuate  the  memory  of  them.     When 
a  man  is  writing,  as  David  fayes,    The  things  that  concern  the  King;  Of  the  piety  of 
Conftantine  ;  the  mildeuefs  of  Trajan  ;  the  gentlenefs  ol  Marcus  Antoninus ;    the 
ttn&  discipline  of  Stverus  -,  thejulhceof  AriHides-,     the  temper  of  Aug  njius,  who 
lived  a  renowned  Lord  of  an  Empire,  and  of  a  Lady,  whom  he  more  grieved  to  leave  m1'  *■'*'"• 
then  he  did  his  greatnefs :    I  fay,  when  a  mans  pen  is  thus  nobly  imployed,  'Tis  the   pion.  caff,  in, 
Pen  of  a  ready  Writer,   Vigtt  tunc  penn.1  •   but  when 'tis  to  gild  over  dirt,  and  make    j«.">  Auguft. 
aBkckamorc  white,  when  it  muft  commend  Lais  for  modefty,  Heliogabalns  for        "' 
continence,  Pompty  for  temper,  Csfar  for  felf-denyal,  Ntro  for  probity,  Julian  for 
piety,  0>  «><•>»  for  fixednefs,   Sevcrus  fur  lenity  ,  when  thus  it  is  to  fcrve  fordid  ends 
to  the  diflervice  of  truth,   then  p'get  Penna:  ~]   efpecially  if  it  be  txauifitorum.     No 
figure  fotorvous  and  tragical  can  Apelles  draw,  his  Penfil  cannot  artifiefuch  foam  and 
filth  of  putidnefs  •  Noble  wits  and  penns  are  not  paraGtiquc,  they  can  fcrve  Princes 
and  Ages  indifphy  of  Virtues,  and  Record  of  Truth ;  but  they  cannot  call  evil  good 
or  good  evil,   there  pign  penna  exquiftornm.     For  as  itfollowes, 

'Tis  Cruciatuum  tmrrart  imwania.  ~]  God  has  condemned  fin  to  fhame,  and  the  pen 
of  exquifitcnefs  is  not  to  revcrfe  theR^verfeof  the  Efcutcheon  of  State  thatwicked- 
nefs  hangs  forth  ;  what  the  great  Marfhal  of  heaven  and  earth  has  ftigmatized,  and 
charged  with  a  Battoon  of  Alloy,  no  wit  of  man  muft  plead  for,  no  pen  honourably 
character  :  Juftice  gives  to  every  thing  its  fuft  Effay,  and  art  to  every  figure  its  fym- 
metrious  lineament  ;,  Devils  in  pradice  ana  invention  muft  be  pourtrayed  favagely, 
and  the  ferity  of  their  deeds  be  dreadfully  as  they  deferve,  represented.  This  rnethinks 
was  notably  done  by  Roger  Bacon  a  witty  Preacher  in  Henry  the  Third  his  time  ■,  for 
there  then  being  one  Pet rus  de  Rupibus,  Bifhop  of  winche^tr,  whom  the  Nation 
difguftcd  •,  He,  the  faid  Roger,  told  the  King,  that  Petr*.  and  Rufes  were  moft  dan-  Spee(j,  f,  J4i: 
gerous  things  ac  cea  ,  which  facetious  Counfel  the  King  following,  called  a  Parliament, 
tookcounfelof  his  Peers,  and  was  ruled  by  them.  Here  was  that  which  did  anfwer 
penna  exquifitorum  ■,  and,  bleffed  be  God,  it  did  not  fpare  to  fpeak  but  was  accepted  to 
fpeed  j  which  had  it,  the  Nation  bad  been  under  Cruciatuum  immania. 

Nam  eorum  variatus  numcru?,  vix  notari  poterit  magna  in  merr.br ana. 

This  is  added  Hyperbolically  to  fignitie,  not  onely  the  malignity,  but  alfo  the  multi- 
tude of  them  j  thefe  Devil  like  inventions  are  Legion,  not  terminable  to  thofe  perfons 
that  invented  them,  for  happy  were  it,  if  onely  (as  foraetimes  it  is)  thofe  that 
were  this  way  inggpuous,  might  taftefirft  the  fawce  of  their  own  cooking,  and  dy  with 
Hainan,  by  the  Engines  they  had  invented  for  others. 

nee  Lex  eft  juFiior  utla, 

£>£/tm  necis  Artifices  arte  perire  fuk, 

but  extendible  to  others  who  are  often  taken  in  their  fnare  :    For  many  khey  are,  fo 
marry  that  they  cannot  be  crowded  clofc,   not  contained  magna  in  memirana,  that  is, 

C  c  c  2  fayes 


iy6        A  Commentary  upon  Fortescue, 


ttemirM*  di*r 

fltlibm  *aUM»- 
$i»m  ctaaiuuUJ* 
"iii.W.iJ.e.li 


fayes  Pliny  in  a  fheet  of  Parchment :  the  Lawyers  ufing  to  ingrofs  all  u  Parchment, 
which  they  call  a  Membrane  from  amiV®-,   whence  melbrum  or  membrum,  thence 

■  /. /...~— ~     ......    mmmam     _*.-.**/>...   .       rnp    flvtbt    fall     Mfmat-^iu    KtJ     .«.*..?.**.«       k/'fjiiCir- 


Li  J.  41.  C.  II. 

Digcft.  M.  1J. 
De  Paenis. 


Tormentum 

•3-*.»o*  retli 


call  the  wiZ«:  ib  that  by  thisexftatiqueexpreftion,  there  is  that  intended  which  may 
make  the  fenfe  of  the  Chanccllour  to  be  figurative,  and  denote  largenefs,  and  ca- 


lurnvt    nit    iiiin.    vi    i«>-    v*»««"«— — —    ■—  —  -    -X3 > •  —  t3~'"-*'i    -~> 

parity,  like  ( in  a  fort )  that  which  the  Evangelift  ufes  in  thofe  words,  There  are^manj 
L.jt  St.  John,  other  things  which  Jefus  did,  the  which,  if  the]  fhould  be  written  every  one,  I  fuppofe, 
up  vtrfi.  that  not  the  whole  world  would  be  able  to  contain  the  Bookj  that  Jbottld  be  written  of  them  i 

which  elegant  Clymax  and  heigch  of  Hyperbole  is  to  have  no  other  conftrudionbut 

that  very  many  they  are  for  number  •,    which  alio,  rxcording  to  its  proportion,   is 

the  import  of,  vix  notari  pttuit  magna  in  Mtmbrana. 

Leges  Civile s  Aeficiente  teftistm  copiH,  in  criminalibus,  veritatem  ccnfmiUbas  extor- 
quint  tormentU. 

This,  Ifuppofe,cannotbedenyed,  for  Tolojfanus  quotes  abundant  Authorities  for 
it  j   and  though  they  have  in  that  Law  other  punifhraents  for  capital  Offences,  either 
death  or  baniftiment  or  fervitade  .•  yet  does  that  Law  in  high  Cafes,  where  it  feems 
it  is  not  to  be  avoided,  ( Gonfpiracy  being  heynous  and  fecret )  allow  torments  to  de- 
teft  and  thereby  prevent  it.    This  leave  of  God's  abfolutenefs  Government  takes,  to 
try  all  means  for  prefervation  •,  and  as  things  are  hurryed  together,  and  precipitated 
in  fome  places  and  Ages  of  the  world,  all  little  enough :   no  violence,  no  torment, 
though  it  be  fuch  as  bends  a  man  together,   and  breaks  the  filver  Cord  and  golden 
Ball  of  his  life  afunder,  will  work  on  him  ■,   'tis  God  onely  muft  perfwade  toconfeftl- 
feucurvi  &  on    his  torments  in  the  finner's  Confcience  make  him  difcover  the  accurfed  thing. 
inflexi  Ety-  Experience  of  this,  though  it  has  not  perfwaded  efuamplurima  Regna  •  yet  our  Nation 
mologifia*       it  hath     to  punifh  legally  Treafon  and  Confpiracy  with  Death,    Quartering,  and 
Corruptionof  blond  with  Forfeiture  of  Eftate.     Indeed  there  was  a  timewhen  poyfon- 
ing  was  frequent  with  us,  then  the  Stat,  zi  H.  8.  c.  o.  made  the  puniibmcnt  boyling 
to  death-  but  the  Nation  judging  it  too  fevcre  and  un-Chriftian  an  inflidion  repeal, 
ed  it  by  1  E.  6-  f- *  2.  Such  a  Phoenix  Kingdom  is  England,  fo  mercifull  arc  our  Kings, 
Parliaments.,  and  Lawcs,  that  all  favage  punifhment  heretofore  ufed,  either  have 
been  by  Aft  of  Parliament  repealed,  or  obfoleted  by  difufc  :  of  old,  grievous  Offen- 
ers  were  hanged  in  chains  alive,  where  they,  famifhing,  uttered  difmall  moans  fo  to  the 
terrourofpafTersby  and  of  women  with  child,  that  ufe  reduced  it  to  hanging  them 
in  chains  when  dead.  So  in  the  Ifle  ofSciliey  there  was  a  punifhment  of  Felony  very  tra- 
gical   Felons  were  let  down  in  a  Basket  from  a  deep  Rock,  with  the  Provifion  onely  of 
two  loaves  ot  Barley  bread  and  a  pot  of  water,  to  expeft  as  they  hang  the  mercy  of 
the  Sea.     Notwithftandingthefe  terrours  have  been  in  ufe,  and  our 
Nation  has  been  branded  For  fertility  of  Tyrants,  though  we  have 
had  high  and  jarring  fpirits  which  have  made  way  for  Attempts  and 
forein  Succcfles  againft  us  •  which  Tacitus  long  agoe  obferved  to  be 
the  Romans  Key  to  Conqueft  of  us .-  though,  I  fay,  this  wasour  keen* 
nefs  and  high  ftomach  •  yet  has  God  brought  liberty  to  us  out  of  the 
fteel  and  flint  of  fervitude .,    and  we  are  yet  free  from  the  Rack  and 
thofe  torments  which  cjuamplurima  Regna  have  admitted.  And  as  my 
continual  Prayer  is,  that  From  all  Treafon  and  Rebellion,  Sedition 
and  privy  Conspiracy,  from  all  falfe  Dotlrine  and  Here fte,  from  bar d- 
nefs  of  heart  and  contempt  of  Cod's  Word  and  Commandments,     Vtc 
may  be  delivered:     So  do  I  alfo  pray,  From  Fire  and\Fagot,  from 
Rack_  and  Torment,  from  new  Lords  and  ncV?  Lawcs,  Good  Lord  de- 
liver us  ,    and  make  ft  thankfull  that  we  fee  the  King  in  his  beauty , 
and  that  our  fudges  are  as  at  the  firfi,   and  our  Counfellours  at  at  the  . 
beginning ;  This  JhaS  be  written  that  the  Generations  to  come  may  know 
it,  and  the  people  that  are  yet  unborn  (hall  praife  the  Lord.     But  it 
follows. 

Seel 


M.  Paris,  p   «so 

5«4.    Gloff.  !» 
verb*. 


Porphyrius   apud  Holftenium,    lib.  De 
Scriptis  Porph.  c.  4  f.'lj. 


Olim  TUgibus  ptretant,  nunc  per  Trinci- 
tes  ftlrtambul  &  Jlwtus  Irahuntur  ;  nee 
aliud  nivtrfm  vtlidifiimas  Rentes  pro  notii 
Wilms,  q»*m  quod  iu  csmmhni  nin  confn* 
Imit.  In  vita^"«/«. 


This    Trayer  becomes 
true  Englijh  SubjeS.. 

If  ay  I.  26. 

Pfal.  102.  18- 


every 


A  Commentary  upon  Fortes  cue.  i$y 

Sed  tjuis  tarn  dart  animi  eft,  qui  feme  I  ab  atrocitante  torculari  lax  at  as,  nan  f  otitis 
inmcens  i£e  omnia  fateretur  feeler  urn  genera,  quam  aeerbitatem  fit  experti  iterum 
fiiiretcrmenti. 

This  is  brought  to  confirm  that  Tortures  arc  apt  to  work  on  fome  men  to  confeffe 
any  thing,  if  by  fuch  Confeffion  they  may  be  releafed  5  and  this  I  take  fo  far  from  be- 
ing a  juftirication  of.  Torments,  as  fubSdiary  to  truth,  that  as  it  may  fall  out  in  coping 
with  either  pafil  or  refolute  mindes,  nothing  may  leffe  by  it  appear  then  truth,  weak- 
nefs  alledging  that  for  truch  through  fear,  which  is  nothing  but  fi&ion,  andwilfull- 
refs  luting  up  all  in  filence  aud  refolute  fecrecy.  And  therefore  the  Chancellour's 
guU  t/tm  dart  animi,  is  not  only  a  queftionary  fpcech,carrying  a  vehement  affirmation 
in  it;  but  is  a  flower  of  Oratory,  which  has  a  kinde  of  perfwafive  afTertion  in  it  • 
that  moft  man  arc  fo  terrified  by  pain  and  torture,  that  any  thing  they  would  rather 
do  then  undergoe  the  pain  they  have  once  acutely  felt :  though  there  have  been  Ex- 
amples of  men,  who  not  innocent  but  criminous,  have  fo  refolved  the  contempt  of 
tortures  and  to.  ments,  that  they  have  even  confolidated  themfelves  to  furfer,  and  by 
a  bravery  of  courage  to  out- dare  them.  How  refolutely  did  that  Villain  Olg tat,  one 
©f  the  Murtherers  of  Galeatius  Duke  of  Milan,  who  feeing  fome  of  his  Comrades 
in  that  Affaflination,  fear  and  begin  to  faint  as  they  drew  near  to  behold  the  Torture  ' 
they  were  to  undegoe ;  he,  though  but  twenty  two  years  old,  defired  the  Executi- 
oners to  begin  with  him,  ut  fu«  Exemflo  Comites  patientiam  difcerent ■,  being  laid  up- 
on the  Rack  naked,  andfaftned  that  the  Torture  might  more  work  on  him,  he  with 
a  very  audible  voice  and  bold  Countenance,  even  when  he  was  half  dead,  was  heard 
to  fay,  Confide  Hieronime,  &c.  Be  of  gtodc hear  Jerom,  Death  is  terrible  but  Fame  Suj  0rus/.i 
is  durable;  yea,  and  when  he  was  juft  dying,  he  ended  his  life,  fraying  to  God moft  dc-  c^""*  '  '* 
lontlj.  Nor  have  we  been  at  home  here  without  inftances  of  Malcfa&ours  that  have  E8"»t.w.i«.|. 
dyed  juflify:ng  themfelves,  and  without  all  fhew  of  terrour  ;  Michael  fifeph  the 
Black-Smith,  taken  in  Perk±n  Warbeck^s  Infurreftion,  foing  executed,  comforted  him- 
fclf,  That  by this  he  hoped  his  Name  and  Memory  would  be  ever lafting:  But  an  honeft-  r«i»/«..H.  7. 
er  Black-Smith,  and  of  jufler  courage,  becaufe  more  innocent,  was  be  of  Bnrnt-  s?ced"  f' 7'4- 
900dm  H.  3.  time,  who  being fent  for  to  make  Shackles  for  Hubert  dt  Burgh,  Earl 
of  Kent,  then  apprehended;  whence  heard  it  was  the  Earl  of  .K"«»r,fetched  a  deep  figh, 
andfaid,  Do  with  me  what  you  pleafe,  and  God  have  mercy  on  my  foul,  but  as  fnre  as 
the  Lord  lives,  1 will  never  make  Iron  fhacleles  for  him,  but  VrMrather  dye  the  worft  sPeed->  *lt- 
death'ihat  is ;  for  is  net  this  that  worthy,  loyal,  and  courageous  Hubert,  who  fo  often 
bath  prefcrvtdttfglznd  from  being  drftroyed  by  Strangers,  and  reftored  England  to  En- 
gland. 1  fay,  it  is  ltfs  wonder  to  fee  innocence  courageous  •  but  to  fee  Guilt  on  tire 
Contience  yet  fo  fteeled  that  it  can  boaft  of  confidence  in  God  and  implore  his  mer- 
cy when  it  juftifies  Murther,  Parricide,  Sacriledge,  and  all  upon  cold  bloud  and  un- 
der pretence  of  Juftice,  this  is  ftrange  ;  but  not  fo  ftrangc  as  true  :  the  eyes  of  many 
havefeen,  and  the  cars  of  more  heard  it  to  their  confternation  and  amazement.  In- 
deed when  men  hivefuffered  for  righteoufnefs  fake,  nothing  has  been  more  common 
with  God's  HeSors  then  Huperhumane  fortitude :  Look  into  the  Story  cs  of  the  Mar- 
tyrs in  Heb.  11.  and  in  Ecclefiaftical  Authours,  and  you'll  find  death  their  joy  and 
torture  their  ambition,  conftancy  their  renown  and  charity  their  Coat  of  Mayl  and 
Armour  of  proof;  they  knew  God  valued  more  fidelity  then  any 

thing  elfe,  and  therefore  they  perfevered  in  it  to  the  death;  and  as    fntntjkka  fimiiftm  c lain  ««.»»/; 
they  fuffercd  joyfully  the  fpoiling  of  their  goods  andbodyes,  fo     ^jf"'"'  &  ""s"  C"l}'""m  '""* 
they  would  be  fure  that  in  fuch  their  iuffering  they  had  a  juft  caufc     ZZVf'n.  tSwdfodorum.  "o.  «L> 
and  were  Innocent.    O  they  knew  the  fgirit  of  glory  refts  On  the  In-     '"*"a- 
mcens  ilie,  in  our  Text,    who  will  go  through  much  triumphingly  5     m„, CMfiM,  ftlUilt!>  CH,  fnmi„„ur  „. 
Tins  has  made  Chriftians  offer  themfelves  to  torments,  and  turn  the    p>*m  '«i>rum,  mint  uhmfuu  ^«<  <pu- 
edge  of  their  Perfecutout  s  fwords  with  the  glut  of  their  blond.  This    '"'"  *•"■  f'"'!"T;  ■  "ft'"""  iM 
has  made  men  iorlakc  their  noble  Maniions,   their  plcaiant  Compa-    «m«  fan*™,    smam  Hi«onymu». 
nions,  their  profitable  profeffions,  their  beloved  Countryes,to  pre-     ^'A /U"-ufticUB1« 
ferve  their  lnnocencyes.     Indeed  this  innocency  will  carry  God's 
Jewell  not  onely  to  deny  fubfenption  to  fin,  but  embrace  profcripti- 

•fl 


i©8  A  Commentary  upon  Fortes  cue. 

ytt.  17. 5.  on  for  not  committing  it.    Tins  fob  to  kept  clofe  to  him,  that  he  refolved  #;.'  /o  part 

with  it  till  he  djed.     This  Innocence  is  the  beft  defence  the  foul  has  agai  nf tall  tempta- 
tion to,  and  tribulation  for  fin  •    'tis  that  which  few  value  becaufc  lew  have  it,  and 
few  have  it  becaufc  few  pray  for  and  prize  it  •,  O  Innocence  where  art  thou  ?    Whe- 
ther art  thou  fled?     In  what  order  or  piofeffion  of  men  art  thou  rcfident,   that 
we  may  feek  after  thee  to  find&thee  out  ?     Thou  art  in  Angels,  and  thou  haft  been 
in  Prophets,  Aportles,   and  primitive  Martyrs,  though  not  in  the  brighrnefjof  thy 
divine  Oricncy  •,  yet  in  tranfeendent  proportions,  making  them  burning  and  fhining 
lights,    fpiriting  them  to  defpife  tortures,  rcGfk  violences,  infult  over  conflicts,  em- 
brace poverties,  deny  favours,  glory  in  fufferingj .•     but  in  the  world  now  thou  art 
not,  we  are  all  now  adayes  decoded  and  abated  in  our  holy  fervours.     No  need  of 
Racks  and  tortures  to  bring  off  men  now  from  innocence-,  make  but  amotion  at  the 
Barr  of  Power,  and  threaten  to  enter  judgement  and  take  out  Execution  upon  them 
for  their  fingularity,  and  all's  hufh.     'Tis  well  withjhe  world,  as  now  it  eff.minately 
is  modell'd,  that  Ethnicifm  is  over  •,  for  if  fuch  times  fhould  have  been  now  as  was 
then,  «the  Text's  innocent  ille  would  have  been  a  nemo  fcit.     No  courage  can  be  in  any 
foul  but  in  the  foul  that  is  fincere  •,    which  becaufe  men  are  not,    therefore  God  gives 
them  up  to  fear  fordidly,  and  deny  the  truth  fhamefully,  as  thofe  Carpet  and  Out-fide 
Reverends  did  1  Marie,  who  were  zealous  Protcftants  in  King  Edward's,  and  as 
zealous  Papifts  in  Queen  Marys  dayes :     yea  in  the  Convocation  of  1  Mori*,  there 
Fuller's'  ckuuh     wcre  0f  au  the  Clerks  but  fix,  that  withftood  the  reduftion  of  Popery  •  and  the  Goodly 
Hif'rj,  i.parr.      proiocutor  jfreft0V}  told  Matter  Phllpet  one  of  them  •,  that  becaufe  he  ftickled  fo  agiinft 
Tranfubftantiation,  which  was  aga,inft  the  Doftrine  of  the  Church  of  Eng /^'confti- 
tuted  in  Edward  the  Sixth's  time,  That  he  Vf  as  a  Mad-man,  wetter  to  be  fent  to  Bed- 
lam then  continue  there  :  Lo  a  tafte  of  innocency  which  will  never  cope  with  flames  and 
tortures.    That  which  enables  to  endure,  notwithftanding  all,  muft  be  faith  in  God 
and  frailty  fupported  and  fubliraated  by  him  -y    this  will  make  a  man  not  onely  dye 
dayly  by  mortification,    but  dy  ftrenuoufly  and  fuffcr  patiently  for  a  good  caufe .-  and 
that  not  from  ■d.dnritics  animi  the  effect  of  fin,  but  from  a  refolution  hardnedby  the 
fire  of  holy  zeal,   which  none  has  but  that  innocens  i He  which  our  Text  fpeaksof.  Who 
Sni"  "fz?o.0/  will  do  by  the  caufe  of  God,  as  Matheo   FafceoU  did  by  his  Country  ?     He  being  a 
Citizen  of  Chioggia,  when  the  Genoeffcs  wann  it  from  the  Venetians,  loft  a  great  E- 
ftate  in  it  •,  after  which  he  repaired  to  Venice,  and  finding  the  City  in  a  great  ftrair, 
went  to  the  Senate,  and  told  them  he  was  willing  to  ferve  his  Country  with  all  he 
could  •   his  Eftate  he  had  loft,  and  had  nothing  left  but  his  Wife  and  Children,    and 
them  he  tendred  to  ferve  the  State,  though  it  were  to  be  fold  to  raife  money  for  the 
States  ufe.    So  if  God's  glory  be  concerned,  a  good  Chriftian,  Innocens  Me,  will  part 
with  all  that's  dear  to  promote  or  refcue  it. 

Et  nonfcmelmsri  mallet,  dam  mors  jit  ult'mam  terribilium^  qakmtotieseccidi,&  to- 
tidem  gehemales  f arias  morte  amaritres  fafiinere. 

This  our  Tcx-Mafter  adds  as  the  reafon  why  an  innocent  man  would  rather  chufe 
once  to  dye,  then  long  and  often  to  be  tormented  •  becaufe  in  death  there  is  but  one 
fhort  brunt  which  over,  all  terrours  arc  paft  :  but  in  tortures  and  torments,  as  tbero 
is  fcarce  perfect  life  ■,  fo  neither  is  there  compleat  death,  but  an  Lnterpendance  of  the 
miferiesofbbth, and  themercyesof neither.  Whereupon  the  Chanccllour  concludes, 
.  'twere  more  eligible  to  an  innocent  man  to  dye  for  adoe  as  we  fay,  then  to  be  tormen- 
ted, which  is  protrafted  death  :  And  that  the  Chancellour's  intendment  may  more 
fignally  appear,  'tis  fit  to  confider  his  order  in  that  he  propofes-,  1,  He  concludes 
that  a  good  man's  choice  is  alwayes  Be  re  licit  a  &  pofibili  •,  if  he  had  his  choice,  he 
would  defire  nothing  but  what  ought  and  is  to  be,  femel  mori  mallet.  Sin  requires 
natures  punifhment  by  death,  and  God  has  appointed  that  all,  that  do  live,  (hall  dye. 
The  Canon  is,  Dufithoaart  in  nature,  duft  thou  fhalt  be  in  diffolution  by  death; 
'"•'•"•  To'dnft  thiu  Jhalt  return'-     and  Saint  Paul  declares  this  the  fecondtimc,  Itisap- 

JM.  5.17.  pointed  for  all  men  once  to  dje  ;  not  for  all  Creatures,  for  good  Angels  live  eternally, 

yet  they  are  Creatures,  Bat  for  all  men,  oncetodjc,  not  that  all  fhalMye  but  once, 
forthercfis  a  fecond  death  mentioned  in 'Scripture,   which  is  the  punifhment  of  fin, 

and 


^\i<»<.  Sophocles  apud  Stobae- 
um,  firm.  125. 

e;;,  ^Efchil. 

AfSp»7iw  pi  y&  7necf.t  Vftovap 
u)  vo(J£*oi  Satvomv  'ivJl  iti 
Sua  iftjBtcM&uy,    f&yt  '£&V  *™t 

*»?>?'•  Philo  /<£.  De  prsraiis, 
c>-  poenisp.  921. 


phocles. 


So- 


^ Commentary «po;? Fortes  cue.  200 

and  which  wicked  and  impenitent  finners  are  condemned  to  •,  but  once  to  dye  as  a  pay- 
ment to  Nature,  which  the  beft  of  men  are  to  make  then,    this  the  innocent  man 
chafes,  becaufe he  knows  'as  God's  appointment  and  Nature's  order  •  and  he  yields  to 
it  not  onely  as  'tis  inevitable,  but  as  cercainly  it  is  lacrofum  qniddam.  For  Death  to  him 
is' ultimum  terribilim,  that  is,  of  natural  terribles  •    his  pains,  his  terrours,  his  wants, 
his  defefts,  which  in  life  pinch  him,   then  adieu  •     and  therefore  to 
be  rid  of  thofe  incommodations,  he  chufes  rather  to  dy  then  live  - 
for  as  the  Poet  fayes,  Better  not  to  live  then  to  live  wretchedly  :     and 
jEfchilus,  Death  is  pre f err  able  to  a  fordid  life.     O  but  no  man  can 
call  death  the  laft  terrour,  but  he,  that  %  has  Chrift,  the   Yittor  if 
Death,  and  him  that  hath  the  potyer  ef  Death,   his  Portion.     No  man 
can  chufe  to  dye,  who  has  his  Heaven  here,  and  muft  have  an  Hell 
hereafter  ■,  and  therefore  becaufe  no   man  delights  in  terrours  ( and 
death  affords  fuch  to  all  but  innocent  and  holy  men )  there  can  be 
ro  nutlet  mori,  as  death  is  the  ultimum  teribilium  in  any  .-     but  a 
virtuous  foul,  who  knows,  when  his  earthly  tabernacle  is  difolved, 
he  fhaUhave  a  building  made  of  God,  not  made  With  hands  but  eter- 
nal in  the  Heavens ;  this  makes  him  chufe  rather  to  dye  then  to  live 
foincumbred,  as  men  in  nature  are,  and  in  fin  more :  for  their  life  is 
nothing  but  a  file  of  fins.  And  therefore  no  man  can  account  death  the 
laft  Phjfuian  ofdifeafes  ;  and  as  he  in  ty£fchilns  prayes  death  not  to  re- 
fuse him  but  to  cafe  him,  as  that,  which  alone  cures  incurable  difeafes, 
<**>©-  3  i/iva-rimi  1  vote/is,  becaufe  no  grief  follows  the  dead.    No 
man,  I  fay,  can,  as  the  Can  flans  in  Stobam  are  faid  to  do,  weep  whin 
men  are  born  and  laugh  when  th:j  dye,  but  thofe  that  are  cither  holy 
or  that  believe  fouls  arc  mortal  and  leave  the  body  without  account 
of  what  in  conjunction  with  it  they  were  guilty  of;  for  if  they  be- 
lieve that  body  and  foul  muft  conjoinedly  Hand  in  judgement  before 
God,  then,  if  they  be  not  holy  men  that  dye,  death  is  not  ultimum 
but  primum  terribilium  :     for  death  is  then  onely  a  victory  over  ter- 
rours, when,  as  TertullUn's  words  elegantly  are,  It  has  the  glory 
of  plea  fug  God,  and  the  prej  of  ever  lifting  life,  this  made  Jacob  fa- 
lute  his  death  with  this  fiducial  calm,  O  Lord  I  have  waited  for  thy 
Salvation ;  and  Saint  Paul,  I  de/ire  to  be  dijfolved ;  and  Hilar  ion 

importuncshisfoulsexit.on  from  the  body ;  and iSaft .Bernard  to    }am  tH4m  in   hortum  t 
long,  and  to  utter  his  longings,   why  0  Lord  Jelus  daft  thou  not  lead    £trm  ^  cantie  Cantic 
thy  fpoufe  into  thy  garden,  and  entertain  her  with  thy  delicates  after 
life,  whom  thou  exercifeft  teith  thy  fuferings  in  life  t     A  good  man, 
faith  Saint  Jeromes  may  be  pitied  in  his  life,  God  hedges  his  waj 
with  thorns,  he  calls  him  to  combat  againft  Principalities  and  Ptwers  ; 
he  has  a  Law  in  his  A/embers  that  rebels  againft\fhe  Law  of  his  minde, 
he  is  for  God's  fake  killed  all  the  day  long,  he  has  a  fountain  of  evil 
thoughts,  and  muft  give  account  to  God  of  them-     Thefe  things  make 
their  hearts  heavy,   and  mingle  Vinegar  and  Gall  with  their  Ne- 
ftar ;  but  their  Ltberata,     their  emancipation  and  manumiffion  by  death,  is  their 
gaude-day.-    to  thefe  death  is  ultimum  tembilium,  God  has  given  them  a  releafe  by 
it,   'tis  their  reft  from  their  labours,  and  their  pafTe  to  their  happynefs.    But  death 
is  not  fo  to  all  •,  not  to  Herod  who  lived  in  Adultery  and  dyed  in  Murther  •,    not  to  jofepb. /,*.  17. 
Marius,  who  defired  life  onely  to  revenge  himfelf  of  SiHa  his  Enemy  ■,    notto^The-  '•*■ 
ephilas  the  Greek  Emperour,  who  expwffrd  he  could  not  depart  life,  till  Theophobus  f^U'c'  '*  '* 
bis  Deputy  in  Perfta,  whom  ha  wasdifpleafed  with,  were  murthered;  which  done    cufpinianus  i» 
he  dyed,  uttering  this,  Neither  Jbalt  thou  hereafter  be  Theophobus,  wrVTheophi-  v"a  rhe°Phili- 
lus;  fuch  as  thefe  that  dye  irnpenitently  and  are  without  hope  in  their  death,  do  but,  v*m<pHm 
when  they  dye,  begin  their  terrours,  their  great  wo  is  to  come  :    For  them  is  prepared  tr*?MUur  *'<" 
the  never-dying  Worm,  the  intxtinguifbable  flame,  the  unquenchable  thir/r,  weeping  and  }""*" finfim 
gnajbing  of  teeth,  utter  darknefs,  and  fo  forth ; _    as  Saint  ferom  fadly  xharacters  it.  «*■*«.»* 
Therefore  thefe  are  not  thofe  whofe  to  dye  is  choice  ■,  but  he  that  can  do  that,  is  alone  ^J,'1'  "*  ^' 
Jr.nocenstlle,  Cod's  Lazarus,  whofe  fores  fhall  have  balm,  and  whofe  foul  fhall  have 

comfort 


■yiVOUWtl    Sfn»V0~l,     7KJ 

Stobaeus  firm.  274.'  p.  883. 


Ea  viBoria  habet  gloriam 
plactndi  Vet  &  pradam  vi- 
jvendi  in  aternum.  Tertullian. 
in  Apologet.  c.  50.  De  Mar- 
tyrio. 

• 
Cur  non  {bone  Jefu)  duels  fpon- 


Nosdolendi  magis  quiatutidie 
ftamus  in  pntlio  ptccatorum, 
vitiis  fordidamur  accipimus 
vulnera,  &  de  ociofoverbored- 
dituri  fumus  rationem.  In  E - 
pift.  rf^Theodoram. 


ZnNetone. 


300  A  Commentary  upon  Fortes  cue. 

comfort  in  Abraham's  bofom.  This,,  This,  This  is  the  Imocens  ilk,  who  cryes  to 
the  World  and  the  Devil  as  his  tord  did,  what  ye  do,  do  quickly-  do  your  urrnoft 
in  fpight  of  your  rage  I  (hall  be  more  then  a'  Conquerour.  He  can  not  but  be  vi- 
ctorious, whofe  faith,  with  reverence  I  write  k,  has  overcome  that  fefui,  whofe  paf- 
fion  and  merit  overcame  this,  and  purchased  the  next  world.  By  all  which  it  appears 
that  to  dye  once  is  natural  to  all  •,  to  dye  happily,  fo,  as  to  have  death  the  laft  of  ter- 
rours,  is  peculiar  to  innocent  men,  who  therefore  chufe  death  rather  then  miferaWe 
life,  beaufe  they  (hall  avoid  thofe  torments  ialife  which  our  Chanccllour  terms  Ge- 
htnnahs  furiat. 

Gehennales  furias.  T  Tortures  are  well  fet  torth  by  thefe  :    For  as  the  Furia  were 
AchtrontU  &  noltu  fill*  ,  as  Jupiter  by  them  turned  a  King  into  a  Wolf-,  fo  do  tor- 
ay*,  ijj.i*.      tores  aft  favagenefs  upon  the  noble  body  of  man,  which  David  fayes  is  fearfully,  and 

wonderfully  made :  and  becaufe  as  the  furies,  fotorcures  by  either 
T„:t  trafitrUt  dixnuntq**  mtnw  i„-     wrath  de firing  revenge,  covetouCnefs  aiminf  Attain,  or  lull  vratifi- 
c*eid,,*w%,.  hud.  v.i*ftm<,.  Laa»n.    *"g  tll*furf '»  f»ch  cruelty,  arc  cruel  to  men  expofed  to  them.  Ser- 
tius.  Divmcuitu.  ub.t.  c  is.  <oiui  alfo  has  made  three  forts  of  thefe,  affigned  to  three  levernl 

IA  1.  oe  K«ur.  Dcotumc^.  f    J?1?'    ^  to  Heaven     Eumemdes  to  Hell,    Furia  to  Earth  . 
n.ofcio.  Tully,  alter  he  has  imartly  treated  of  thefe,  concludes,  Ha  [tint 

impia,  affidua,  domefiicaque  furia,  qua  dies  noRe'sque  Parentum  pee- 
tv.  scftio.         nas  k  confceleratiffimis  filiis  repetant  -,  which  confdered,  the  Ancients  did  well  to  term 
everything  of  dread  and  unacceptablenefs  by  Furia :.  thus  Tally  has  his  fori*  ncpe- 
flis  patria  :  and  Claudian  his  Trifles  furia :  and  the  Poets  esprefi  the  eagernefc  of  love 
by  it,    Mails  furiis  actus,  fur  Us  agitates,   concept  furias,  are  Epethites,  that.  Vir- 
gil, Horace  and  Ovid  give  love  }  and  Suetonius  tells  us  of  Verberibus  fnriarum  exagita- 
ri,  and  fo  doe  other  Authours  of  Arm*  fur.ialia,  aufa  furialia,  cades  furiala,   ig. 
ncs  furiales,  caput  &  vims  furiale  •  which  warrant  our  Text's  refembling  of  tortures 
by  them;  yea,  in  that  our  Text  has  added  Gehennales  furias  to  difplay  them,  it  has 
abundantly  fet  forth  the  terrour  and  direfull  nature  of  them.     And  our.Text  feems  to 
make  tortures  by  this,  a  local  Hell,  an  Engine  of  cruelty,  and  that  not  to  be  endured. 
Gehenna  is  a  word  adopted  into  the  Greek  and  Latin  tongues  from  DUiTJi ,  a  Valley 
South  of  ferufalem,  in  the  pofieffion  of  Hinnem  an  eminent  febufite  ■,  'tis  called  alfo 
yafoiif.t.       the  Valley  of  Tophet,    becaufe  abufed  to  Idolatry  and  cruelty,  For  there  they  caufed 
»JQ«.>l.io.      their  Sons  and  Daughters  te  pafs  through  the  f re 'alive  to  Molech;   for  which  God  cur- 
Jj"r)9.iu  fcddits  fertility  and  changed  its  name .-    fo  that  at  laft  it  becamethe  lay-Mall  of  the 

City,  and  every  filthy  thing  was  call  on  it,  this  was  Gehenna  in  the  Hiftory.  Now 
the  lenfe  of  our  Chancellour  was,  I  conceive,  to  fet  forth  the  fanguinarinefs  of  Tor- 
ments, not  only  by  furies,  but  by  Helli(h  furies ;  which  none,  but  he  that  is  the  Prince 
ofdarknefs,  and  whofe  tdium  is  verfans  circa  totum  genus  humanism,  could  invent. 
And  therefore  I  repeat  my  thanks  to  God  and  the  Lawes  of En- 
T&eMnr.rfthe  judges  in  wm»v  cafe.  .  gUnd,  that  though  Offenders  do  defervedly  dy,  when  guilty  •   vet 

Difcalttmma  &  lmpofsihlttfl,  Mirer*-      *>,  !    .     ,       ,        »  ,  J    rv-         ,     0      "j     / 

fmitm,  Hm,  &  fJnri,  fr»at,,r  boms,  m  that  their  bodyes  are  not  %  tortured,  bot  they  left  to  that  repofe  that 
&ij€ywr<m&in  mntim  imfit*,  «t  Confcience  will  afford  them,  this  is  Chriftian-like  in  the  Law :  ror 
tpt  f»*bpiZ?lulTtr  mc2  &ln  ftall  they  need  to  be  tortured  here  in  their  death,  who  are  to  be  tor- 
tan  *w*rt*t  ghricfiu.  smftus  Hiero«.  tured  ( if  they  dye  impenitent )  for  ever  after  death.  Norfurely 
zfif.  ad  juiunum.  ,    does  chc  God  0f  nature  defign  to  it  an  Hell  every  where,    for  fince 

the  good  man's  Heaven  is  hereafter,  he  may  bare  with  his  Hell  here ;   and  fince  the  e- 
vil  man'e  Heaven  is  here,  it  feems  not  juft  to  add  to  his  affliftion,  to  torment  him  be- 
fore his  time:  this  the  Devils  cryed  out  upon,  Art  thou  come,  fay  they  to  our  Lord, 
to  torment  us  before  our  time.    And  this,  God,  I  am  apt  to  think,  did  infinuate  to 
Tho'off.  syn     mm  '■"  ^c  Patr'arcnal  in$  Pure  Ages,  yea  and  to  the  fews  his  own  people  ;  -for  though 
tagm.  juris.  w>.  dye  M^lefaftou.s  did  by  God's  own  judgement,  either  by  ftoningor  by  the  Sword  of 
H.C.IT.M-&  the  Magiftrate,  or  by  fome  immediate  hand  of  God:  yet  thofe  deaths  were  quick  end 
Umt.iT.         difpatching,  not  protraftive  of  time  and  augmenting  torture.    And  when  the  Romans 
brought  in  the  Crofs,  which  was  an  Ethnick  and  torturous  death,  which  the  fnwin 
token  of  malice  executed  on  our  Saviour  becaufe  of  the  torture  of  it  which  was  inhu- 
mane, ifuppofe   they  are,  in  the  Prophecy  of  their  Converfion,  and  the  forrow  that 
z**h*r.  u.  10.    l^en  fhould  feife  on  their  natural  obftinacy,  faid  to  look,  upon  him  whom  they  had  pierce- 

•  "  fd: 


^Commentary  u^on  Fortes  cut.  }6i 

id  ■,  which  is  prophetical  not  fo  much  of  the  fpear  that  pierced  his  ffde,  as  of  the  nails 
that  fattened  his  hands  and  feet  to  the  Crofs :  By  all  which  I  humbly  conceive  the 
deaths  of  Malefaftours  by  tortures  may  be  thought  not  fo  Chriftian,  as  difpatchej  of 
them  more  calmly,  by  a  quick  ftroak  or  fudden  throatle,  are.    But  it  follows. 

Etncnne  Princepstu  nozifii  criminofum  quendtm ,  qui  inter  torment*  hujusmodi,  mi- 
litim  n^bilem,  probum,  &  fidelem,  dt  proditiom  quadam,  fuper  qua,  fit  ajferuit,  ipfi 
dsu'inj:mulctn]urarunt,accufare. 

Still  the  Chancellour  multiplies  inftances  of  the  invalidation  of  torments  to  difcover 
truth,  and  the  uncertainty  of  proceeding  according  to  them -,  and  as  before  he  quoted 
Fringe  for  fuborning  Witneffcs  to  depofe'falfhood,  fo  here  now  he  produces  an  Ex- 
ample, in  the  Prince's  own  knowledge,  of  one  that  accufed  a  man  ofHenour  of  Trea- 
chery -,  which  he  after  Racking  ratifyed  to  be  fo,  and  being  racked  again,  when  he 
found  himfelf  unable  to  live,  confeffedhis  Acculation  falfcand  himfelf  only  guilty. 
And  this  the  Chancellour  docs,  not  more  to  fhew  the  danger  of  relying  too  much  on 
frail  man,  whoinhisbeft  eftate  is  altogether  vanity,  apt -to  be  feduced  by  his  cor- 
rupt heart  to  deal  falfly,  and  not  to  be  pityed  in  being  punifhed  therefore,  as  Pipus  Shmt's  wp.4 
the  Florentine  was,  who  being  fent  by  the  Hungarian  with  great  forces  to  invade  Italy-,  VeD,ce"  t- 2SZ- 
was  bought  off  from  that  Warr,  and  betraying  his  truft  returned,  whom,  the  King  of 
Hungary  punifhed  by  caufing  him  to  have  poured  down  his  throat  Molten  Gold :  I 
fay,  not  onely  does  our  Chancellour  produce  this  example  to  ftiew 

mortal  Villany,  but  alfo  to  admonifh  all  men  that  ftand,  to  take  heed    s><£°  i*tm  ■»  c*vtn*  &  q**fi  f*t  <*»• 
leak  the  1  fall.     For  if  obfeurity  of  condition  is  prone  to  Teraptati-    *• ""  V'*"*  u<""  &  %"]?£'*"£ 

J'    "  J   J  /  *  I  rum  emiitm  ixtfeius,  ncc  pi  dtclmart  JttJ- 

ons,  what  are  the  Ruffles  and  1  ryals  that  Mountains,  Cedars,  and    p™.  f,d  ««««,,  t,m*tnn»m  v*miqiu 
Grandeurs  of  men  meet  with  ;  O  they  have  need  of  many  prayers    A**"  ^pipi-  mfinwuitut*  - 

»  -ill  ^-l     -r-  L  11  ci  r  rmndiuu  fcnc   illucqmt  circnmftrtr;  cmdpt- 

that  arc  in  high  places.     The  Text  here  tells  us  oi  a  brave  perfon  a    p,K,  fHfr*  m,»nl,  /««  c^utr**,. 
Knight,  Miles  qttafi  nnus  t  millibus,  a  man  of  a  thoufand,    nobilis     sanft.  Bernards,  Bfift.  41.  Ad  Archi- 
ordint,  probus  mente,  fide  lis  corf  ere,  who  is  impeached  •  pro  fat  qua  ft     cpif-  Senonen,CB'- 
prohibit,  qui  fe  a  delinquendo  prohibit,  as  F  eft  us  defcants  on  it,   a     S<t  »y  Diftmfe  ,f  ^tnm  mi  *Am»rj 
Gentleman  fpotlefs,  fo  wary  that  he  undergoes  not  the  defcrt  of    frin"d Much-  u*°- 
fufpicion,  whofe  minde  is  fo  moderate  and  paffionsfocalm,  that 
he  fcems  a  pattern  of  all  excellency ;    (  lor  fo  Prebus  imports,  and  fo  Authours  ufe 
it,  witnefs  proba  Matron*,  for  chaftc  Women,  net  to  be  drawn  afidc  to  wantonnefs, 
probus  Artifex^  Occajio  proba,  F acinus  probum,  Ingenium  probum,  mores  frobi ;  yea 
Tullj  joins  fanSus  with  probus  :)    I  fay,  though  thus  Ranch  this  perfon  accufed  is  t«  ciuemio. 
laid  to  be,  yet  he  is  the  man  impeached,  andthat  of  Treachery,  who  is  termed  fidelity  ~] 
Fidclis  corde,  found  at  heart,  all  Loyalty  •  Fidelisort,  found  in  fpeech,  one  that  regird- 
eth  hii  words,  who  wiSnot  ff>eak.ivilcf  his  Prince,  no,  not  in  his  Bed-Chamber,  when  he  is 
mod  alone.;  Fidelis  opere,  that  does  every  thing  that  a  loyal  Subject  ought ,  and  no- 
thing which  a  loyal  Subject  ought  not :   even  this  man,  though  thus  firm  and  fixed  "HiMu,  *mi  *. 
as  that  he  is  notable  therefore,  (  for  nobilis  here  is  quafi  notdbilii,  God  having  given  ^w^^'cic' 
him  virtue  and  bloud  which  has  made  him  eminent; )  yet  this  man  with  all  thefc  ac-  Efijt.  adiiesca. 
complifhments  is  accufed.  nium- 

Accuf*rc~\  is  a  forenfique  word  well  known  to  Lawyers;  tifoe  eft ■  aliqnem  ad  can- 
famdictudamnrgere :  and  Tullj  defines  the  nature  ofaccufation  pithily,  Accufatio 
crimen  defiderat,   rem  ut  definiat,   hominem  ut  notet,  argumento  prcbet,  te/re  confirmat.    T"  **.  Cilio. 
Concerningaccufarionsand  the  nature  of  them  Tholcjfanus  treats  at  large.     Accufers  ^""f  ^"j*,. 
the  Bulgarians  held  of  old  fo  dangerous,    that  their  Legiflator  appointed  no  Accufer  mfitimim.  , 
ftxmld  be  heard  n:fivinclus&  tortus.    1hjs  I  fuppofewas  the  condition  of  the  Ac- 
cufer in  the  Text,  who  yet  did  fo  much  the  more  vehemently  falfly  accufe  Militem 
uoiilfm,  probum ,  fidelem,  and  that  onely  to  evade  the  torment ;   fo  ready  often  is  the 
Devil  to  fuggeft  evil  to  us,  that  to  cafe  our  felves  of  one  evil  we  will  bring  on  others 
greater,  which  is  every  day  vifible,  when  men  to  right  themfclves  care  not  whom 
they  wrong.    Thofe  two  Florentine  Families  of  the  Medices  and  Pazziam  are  exam- 
ples of  this;  for  the  Medeceani  having  furprifed  the  Pamians,  they  were  foinraged 
that  they  vowed  revenge  though  they  feemed  friends ;  and  fo  it  was,  that  the  Pami- 
am  had  contrived  Aflaflination  of  the  Medicean'%  even  in  the  prefcnc"e  of  the  elevated 

D  d  d  Holt; 


}oi         A  Commentary  upon  Fort  escue. 


Speed.;.  $ot. 


Ub.  J  5.  c.  J. 


K.x<H<ntvTii   -rut    $   o&Ji-mif 
rlf  veuJkf  ffvr*r*f«'<5-a/,    &c. 
lib.  De  fpccialibus  Le- 


Phllo 
gibus,  p. 


801 


Shute's  Hlfltrj 
Venice,  f. 1  »l. 


f*g.  Hi. 


Ctefsoliu!  My. 
ftag.  f .  »oj. 


Hoft.  This  makes  me  think  of  an  holy  life  as  the  befl  guard,  and  a  felf  vifitation  a9'the 
fafeft  imployment.  He  that  lives  at  home  and  detracts  from  no  body,  gives  his  life 
much  ferenity  ;  which  had  the  Wife  of  the  Lord  Brmfe  done,  fhe  might  have  had  H- 
the  Third' j  good  favour,  and  fparedher  Prefcnt  of  4  00  milch  Kine  and  one  Bull  all 
milk-white,,  execpronely  the  cares  red,  which  her  lavifh  tongue  of  the  King  made  un- 
acceptable to  him. 

De  proditicne  qttudatn,  ut  afferuit  ipft,  due  in/imnl  conjurarunt. 

proditio~]  isafalfehoodinfriendfhip,  as  it  were,  datitveritatis  promercedc-,  and  it 
confifting  in  betraying  a  truft  is  execrable  amongft  all  Nations,&  defcrvs  extermination 
from  Man- kind  :  Tholojfanns  has  a  whole  Chapter  about  it  which  I  referr  the  Reader 
to.  That,  I  fuppofe,  which  this  Knight  is  accufed  for,  is  either  holding 
correfpondence  with  the  Prince's  Enemy,  or  promifing  to  deliver 
upfomeftrengththatby  Commiffion  from  the  Prince  he  held.  This 
Prodition,  however  it  was,  all  Lawes  make  capital ;  and  therefore 
the  Accufcr,  in  torments,  confefles  it  againft  him,  that  by  engaging 
a  perlon  of  more  note  then  him  felf  he  might  have  the  more  liberty  .- 
yea,  and  to  poffefs  them  with  a  belief,  that  he  both  knew  the  nature  and  would  difco- 
ver  the  truth  of  his  knowledge  concerning  it,  he  accufes  himfclf  Confederate  with  the 
Knight ;  this  the  Varlet  did  once  and  again  in  hope*  to  evade  the  torments :  but  when 
he  faw  the  torments  would  end  his  life,  and  he  ought  to  be  in  earneft  with  death  that 
was  in  earneft  with  him  5  then  he  turns  his  Tale,  then  he  begins  to  be  reall,  Sed 
dtmnm  cum  ex  pants  illis  Ufus,  ufque  ad  mortis  articulum  infirmarttur,  3  dyes  the 
Text,  then  he  does  right  to  the  wrongfully  accufed  perfon;  and  his  Accufation  ac- 
knowledged by  the  very  Accufer  to  be  malicious  and  falfe,  makes  the  Knight  that  was 
eclipfed  ten  thoufand  times  more  orient.  So  God  often  rewards  oppreffed  Innocents, 
that  he  makes  their  Cloud  their  Luftre,  and  their  misfortune  their  advantage.  Famous 
is  that  ftory  of  Nichdao  Rucino,  who  was  fet  to  Sea  over  many  Gallyes  againft  the  Ge- 
nouefles,  a  Tempeft  arofe  which  caft  him  into  the  Haven  olCarific  towards  the  Ncgro- 
pont  ;  there  he  thought  his  defign  loft,  but  there  he  unexpectedly  found  fourteen  Gal- 
lyes of  the  Genouejfes,  richly  laden  *ritb  Merchandife  and  provifion  of  Warr,  lying 
at  Anchor^  and  knowing  them  to  be  the  Enemy  he  was  to  encounter  with  at  Sea,  he 
fet  upon  thenfand  overcame  them.  Pi/Wwascaft  into  Prifon  for  his  miffortune  at 
Pola,  but  God  fo  diftreflcd  the  Venetians  after  the  lofs  of"  Chkggia,  that  they  were 
fain  to  court  their  Prifoner,  and  put  all  their  ftrength  under  his  Gondudt.  There  are 
infinity  of  thefe  examples,  fofeph,  fephta,  David,  Daniel,  Mirdtcaj,  and  ochers, 
who,  had  they  not  fecmingly  been  defeated,  had  never  arrived  at  thofc  notable  ad- 
vantages thad  God  defigned  them  to  be  aggrandized  by.  Cofmas  the  incomparably 
learned  Italian,  when  taken  by  the  Saracens,  and  wanting  any  man  of  learning  to 
convcrfe  with,  or  any  lad  inclined  to  it,  bemoaned  more  that  want  then  his  cap- 
tivity; yet  God  fo  ordered  it,  that  he  was  brought  from  his  fervitude  by  one  who 
fet  him  to  tutor  Johannes  Damafctnus,  by  making  whom  fo  great  a  Scholar  he  got 
renown  enough  :  whereas  in  wayes  of  wickednefs  God  gives  no  opportunity  to  ad- 
vantage, unlcfs  he  intend  to  bring  the  foul  off  from  it  by  his  mercy  to  repentance  • 
and  that  fometimes  he  does  in  the  laft  gafp,  *'*  ipfo  morth  artienh,  not  onely  when 
the  body  is  brought  low  with  torture  and  reftlefTcnefs,  but  inip/o  mortis  articuU  in 
the  very  7^  rJv  and  the  entrance  of  death  on  life's  quartars,(for  fo 
articnlus  is  by  Plantus  underftood,  Opportunitatis  omnes  articulos 
fcio :  fo  Tullj,  ut  enm  fnis  conditionibus  in  ipfo  articulo  temporis 
aftringeret. )  1  hen,  Then,  does  the  truth  finde  being  in  the  breath  of 
our  dying  Varlet,  Turn  demum ,  &c. 

Vltimum  qucque  viaticum,  Chrifli  videlicet  corpus,  fumpfcrit. 

This  is  well  added  to  fhew  the  cuftome  the  Ancients  had  of  giving  the  Sacramental 
Elements  to  dying  pcrfons,  which  they  called  Viaticum,  becaufe  thernanner  was  when 
Travellers  were  entertained  in  the  Ealtern  Countryes,  where  vaft  Defarts  were,  and 

they 


^ArtUulmfrs  nummtti  &  temfeftha  rcrum 
fMiendtrxm  liir*  five  pmtffo.    ft»  dtimjiii 
rti  nut  ttmptru  fartuitl*.  Etymolog. 
Cic.fra  ojmnftio.  I». 


A  Commentary  upon  Forte 5 cue. 

thty  wereto  carry  their  Provifior.s  with  tbcm,  there  being  no  Inns  in  the  way,  there 
this  Provifion  was  called  Viaticum.  Hence  Plautus  mentions  the  Viatica  certain* 
daturabttnrc,  like?  thofe  parting  meals  we  call  Foje's,  as  I  take  it,  which  men  give  their 
Comrades  when  they  go  to  travel.  Yea  Viatic*  fignifyed  every  thing  necefiary  to 
Journey,  money  as  well  as  meat  and  drink,  fo  Tullj,  Vclim  video*  quid  viatici,  & 
quid  inflrumenti  fat  is  fit*  and  Horace  tells  us  of  colltBa  viatica  multis  arumnis, 
and  of  largum  &  liber  ale  viaticum.  Now  this  Notion  fpiritualized,  our  Chancel- 
lour  makes  ufe  of  to  fhew  the  praftice  of  the  Church,  who  confidering  the  Journey 
from  this  to  the  next  World,  required  Provifion  for  it,  and  that  there  was  nothing 
fo  proper  thereto  as  the  Sacramental  Elements,  did  minde  the  party  dying  to  repent 
and  to  can  of  all  confider.ee  in  the  World  or  in  himfelf,  and  to  reft  onely  on  the  mercy 
of  God  in  C'hrift  •  and  to  befeech  chnft  fefus  to  make  him  worthy  of  his  acceptation, 
and  to  own  that  Sacramental  body  of  his,  which  the  humble  and  contrite  finner  has 
taken  into  his  body  towards  the  prefervation  of  his  body  and  foul  to  life  eternal :  for 
fure  to  a  worthy  Receiver  great  is  the  benefit  of  the  Sacrament  of  chrift's  body  and 
blond.  Saint  Bernard  thought  fo  when  in  thofe  words  he  faid,  Et  fenfum  minuat  in 
minimis,  &  in  gravioribus  feccatis  tollit  omnin*  confenfum.  And  hence  was  it  that 
the  Church,  when  the  Minifter  was  fatisfyed  a  finner  was  penitent  and  had  confefTed 
ingenioufly  his  offence,  did  for  his  comfort  give  him  the  Sacrament  called  here  Corf  us 
Chrifti  -,  and  a  purgation  of  any  one  from  fufpicion  by  folemn  taking  of  the  Sacra- 
ment to  oblige  the  truth  of  a  thing  was  quittance  enough  :  this  was  done  in  the  cafe 
in  hand,  theKnighr,  that  was  by  the  perfon  racked  accufed,  is  upon  the  Sacrament 
taken  at  his  death,  declared  innocent  and  free  from  the  crime  he  was  accufed  of  •  l%- 
noccntem  militem  ilium  &  immunem,  that  is,  hf  is  not  onely  not  fo  much  as  not  at 
all  guilty,  but  as  free,  as  we  fay,  the  unborn  childe  is.  Every  good  man  not  onely 
being  carefull  not  to  be  guilty  of  evil,  which  David  calls.  Keeping  from  the  great  of- 
fence, but  from  the  appearance  of  evil ;  for  though  with  worldly  men  and  loofe  li- 
vers.noc  to  be  grofsly  and  actually  facinorous  is  as  much  as  they  look  to:  yet  a  Chrifiian 
fhould,  as  that  Heathen  did  fay,  though  in  the  Corjntb  of  this  world,  to  be  not  fo 
bad  as  the  worft  is  an  happinefs,  yet  i-yd  Si  hIuj  -niti-nt,  J  am  a  childe  of  Light,  I 
wtnft  walk^  as  in  thcd*j,  Veifelj  andvirtuoujly.  This  is  Innoctns  worthy  to  be  mated 
with  Immunis.  ~\  Immunis  qui  nulla  fungitur  officio,  liber  ab  onere  publico,  qui  vel 
tXate  vel  alio  frivilegio  praflare  omnia  mn  tenttur,  faith  Ffftus,  and  this  admirablely 
reaches  the  Purgnion  of  the  Knight  to  be  free  from  all  temptation  to,  or  advantage  by 
crimes  of  Treachery-  he  was  a  man  of  Honour  and  Fidelity,  who  had  no  putid  Prin- 
ciple which  would  truckle  under  fordid  profcrs .-  he  was  where  he  would  be,  God 
bad  bounded  his  minde  within  the  verge  of  Providence,  and  content  he  was  with  his 
ftation-,"  and  thereupon  though  he  was  falfly  accufed,  yet  is  now  worthy  to  be  purged, 
as  one  innocent  and  free  from  the'malice  of  the  charge. 

T.'-men  ait,  poena*  inquibus  ipfe  tempore  delations  fua  fuerat,  itoatroctsexfiitijfe, 
quod  prixfquam  tas  itcrum  exptriretur,  etiam  cundim  militem  ilk  ittrum  accufaret, 
jimiliter&  Patremprofrium. 

This  Claufe  notably  fhews  the  difarmation  of  not  Jonely  manhood,  but  even  of  in* 
tegrity  by  fear,  the  terrour  of  which,  in  the  penalty  that  the  bodyes  of  offenders  feel 
under  Racks  and  Tortures,  is  not  onely  probable  at  fome  times,  but  even  apt  with 
moft  to  make  them  fay  or  do  any  thing,  though  never  fo  untrue  and  unjuft,  toavoid 
them.  This,,  there  is  evidence  of  in  this  example,  where  not  onely  the  fear  of  Peter, 
but  the  falfhood  even  of  Judas  fcem  concentred.  An  innocent  perfon  he  accufes, 
ftandsto  his  Accufation  in  Tortures,  then  having  no  hope  to  out-lire  them,  confeffet 
the  Knight  innocent  and  free,  and  feals  his  vindication  with  the  Sacrament  to  confirm 
the  truth  of  it ;  yet,  for  all  this,  publiflies  his  fo  great  dread  of  the.  Tortures,  that 
rather  then  ftffer  them,  he  would  accufe  any  innocenc  man,  nay  his  own  Father.  O 
felf-love,  what  a  corrafive  art  thou  to  holy  Courage  and  Martyr-like  Conftancy  / 
How  much  doft  thou  abafe  the  Nobility  ol  manly  minds,  when  thou  courteft  to  fave 
thefhadowto.lofe  the  fubftance  ?  How  treacherous  art  thou  to  truth  to  fecure  the 
trafh  thou  valueft  above  it  ?    Peter,  Peter,  Thou  Pillar  of  Jpofiles  haft  left  a  blot 

D  d  d  z  en 


w 


Cic.  *i  Attic. 
lib.  11.  • 

Harat.  i.Efi'/J.  i° 


Sem.  In  Ciena 
Domini. 

Majdeb.  Ctnt.  t . 
c.6.  p.  H4. 

Innocent  dicitur, 
nen  ejut  meet  levi- 
1er,fsd<]ui  nihil 
meet.     $  Tufc. 
Queft. 


Etafmus  m  Ad- 
agiis.  Chit.  l.  ■ 
Cent,  s .  .Adtg. 
$7 


Paff.  Imfrejf. 
Loranii,  ^Anm 
15S6.  f.  UJ. 


C»i{r*t*l>r  tjuidem  tiii  quid  fit  extneruw, 
ftdvtriornc  Dent*  te  quantum  in  te  ex- 
hiiuraiHt  fit.    Epift  tt. 


104.        A  Commentary  upon  Fortescue, 

tn  thee  for  thu,  never  Mortal  more  obliged  by  a  Af.-fler  then  Peter  ; 
Ef>  tt.  ftmyer  Simon,  phrimi  fed   &     jet  ntvtr  d  Mailer  more  difhowmred  by  a  Si  rvant  then  Chrift  by  him 

tu     Simon,    dermis.    Entetet  tmduh:       *  i       i  t  -c   u    i     I        ^    t  ,   tr    i    n  r      ~ 

.eft**.  &m  derm,,,  kc.  Diiettiffimus.  »«  '  tbttnkj  to  thy  merctfull  look.,  O  He  fled  Savonr,  for  Peter's 
&  strenuirtimut  Moms  Eate.^turht .  n  tears  and  his  after- C  on  ft  ancy.  Twas  bad  enough  with  I' Her  while 
£A*j££:sK  ""b  ImpiCfl;  'newasfmr,  and  it  had  never  been  better  with  him  while  he  had 

been  Peter  ■,  buc  that  thou,  0  Lord,  hadft  fome  future  work  for  to 
which  thou  preferreft  him  by  thy  courage  in  him. '  Tis  a  rare  advice  that  the  Knight  that 
dyed  courageoufly  according  to  his  Prekript  ( for  that,  which  chancy  would  pcrfwade 
me  to  j«dge,he  believed  he  ought  to  do,though  the  Law  &  State  judged  otherwife)  jgvos 
in  Ctmmmttnu  in.  id  pati  vocat  Detu  intend  ant  profperi  ,  &C.  Let  thofe  fay  e  she,  that  God  puts  re/oluticn 
into,  fuffcr  for  him,  buckle  ttthrirwork,  manly  j  ;  for  thej  ferve  hint  that  has  times  and 
feafous,  men  and  means  at  his  beck.,  and  Will  rule  and  intend  them  fweetly  and  tfctluallj 
to  ferve  his  glory.  O  this  playing  faft  and  loofe,  this  being  neither  hot  nor  cold,  this 
plannetarynefs  is  the  preparatory  to  tergiverfation,  'tis  prevarication  which  ends  in 
cowardife^  what  a  wretch  does  our  inftanee  fhew  him  to  be-,,  that,  to  avoid  bodily 
torture,  would  torture  his  Confcience,  and  incurr  Hell  by  an  impenitent  and  unnatu- 
ral fin.  O,  felf-love  is  the  dangeroufeft  Aqua  fortis  to  penetrate, 
that. Satan  works  by  •,  Saint  Bernard  thought  the  Abbot  of  Same 
7ltf««ler»ci(r  in  danger  by  it,  when  to  fave  him  feme-trouble,  or  to 
gratifie  an  humour  he  quitted  his  charge  .-  but  the  Father  tells  him, 
nehadbeft  look  to  it,  that  his  own  eafe  was  not  God's  burthen'. 
And  how  ill  God  took  his  carriage,  who  coufentcd  to  the  Murther 
of  Davye,  and  under- writ  the  (inftrumeut  of  the  combination-  and 
yethadtheconfidencetocaufcit  to  be  proclaimed  at  the  Crofsin  Edcnborough,  thac 
He was  innocent and  never  confented  to  the  Murther,  let  the  Records  of  Heaven  in  due 
time  tell.  For  though  it  may  have  warrant  from  reafon  of  State  for  toe  Venetians, 
who  kept  7"rfv</»  forty  years,  and  loft  it  moft  unwillingly  to  Lccpeldoi  Auftria ;  yec 
when  tneir  Enemy  had  it,  the  Venetians  fo  difiembled  their  regret,  that  they  fenc 
Embafladors  to  Leopold  upon  Congratulation  of  his  welcome  and  entring  into  it .-  yec 
truely  it  is  in  the  nature  of  the  thing,  but  a  worldly  bubble,  which  being  infolid, 
teaches  men  not  to  reft  on  the  favour,  or  dote  on  the  felicity  itpromifes.  Givemc 
the  ftanch  virtue  that  will  not  do  a  fordid  illiberal  aft  to  better  it  felf,  but  bad  rather 
have  Cato'% Chains  in  Prifon  then  Nero's  Scepter  on  the  Throne ^  for  when  a  man 
is  more  led  by  fenfe  then  juftice,  what  does  he  not  dare  to  do  that  is  facinorous,  fo  ic 
be  but  accumulative  to  his  ends :  Hee'l  not  onely  accufe  innocent  perfons,  fedpatrem 
froprium,~\  the  facred  Genitor,  who  did,  to  give  him  being,  patefacere  femen,  im- 
part himfefi".  Vi\s  Father,  that  religious  name,  unde  omnes  Dii  Patres  vocabantur, 
faith  Servins  ^  Father,  a  name  of  Honour,  to  which  is  entailed  every  dramm  of  duty 
and  refped  imaginable,  to  the  honour  of  which,  the  firfi  Commandment  of  Promife 
it  made :  yet,  even  this  father,  not  onely  for  age,  but  even  yi  nature ,  fear  of  the 
Rack,  and  hope  of  avoidance  of  torture,  would  induce  to  accufe. 


Spotfwood 

«S4. 


Hijterj     of   Scotland,      f. 


Hifary  Venice. 


Servius  in  via 
fatrii,  in  1. 

Georgic.  i. 


De  poem  parri- 

cidii./fferurncb. 
Ad»etf. /i*.u. 
c.  Xi.  Edit.  Mill. 


Nec  vero  ipfe  mortem  quam  tunc  metuit,  evafit.  Sed  dcm.m  f'fpenfus,  tempore  Mon- 
tis fua  ipfttm  militem  purgavit  ab  omni  crimine  de  quo  diidum  defemavit. 

AH  that  I  obferve  from  this  Claufe  is  onely,  i.  CurfeofGodon  cowardife  5  ma- 
ny think  to  avoid  tortures  and  death  by  fallacious  complyances  with  wickednefs  :  and 
God  when  they  have  fhewed  their  naughtinefs,  has  indurated  the  bowels  of  thofe  they 
thought  thereby  to  oblige,  fo  that  though  they  have  loved  the  Tt  eaibn  yet  they  have 
hated  the  Traytor.  For  though  confeflion  of  guilt  be  a  due  from  every  Chriftian  at 
all  times,  and  at  death  efpecially,  that  thofe  that  hear  may  be  warned  and  admonifhed 
to  live  better  that  they  may  dye  better  ■,  yet,  when  a  man  is  near  death  to  be  fo  ya*c 
of  life,  astoconfefs  or  mher  fancya  nothing  andfet  it  up  as  fomcthing,  to  lengthen 
out  a  few  minutes  ofeafe  and  life  by  what  is  indulged  to  it,  as  fuppofed  truth,  is  to 
difhonour  God  and  deferve  no  attainment  of  fo  curled  ends.  2.  That  though  life  con- 
ceal much  of  truth  ,yet  death  Often  reveals  it,  demum  fufpenfus,  tempore  mortis  fu* 
militem  purgavit.  Tistime  to  fpeak  truth  to  men  when  men  ceafe  to  a  Malefactor, 
as  they  do  when  he  is  judicially  dying  ■,  then  cryes  he  for  his  Confcflbr,  and  decrye's 

bis 


A  Commentary  upon  Fortes  cue.  209 

his  lewd  Companions  ;  then  he  execrates  his  debauchery,  and  exclaims  on  his  coftly 

idlenefs  which  made  him  facinorous,  and  for  the  punifhment  whereof  he  is  a  fuffencr. 

Tis  good  and  welcome  news  to  charity ,  when  a  finner  converteth,    and  concludes  well 

an  ill  life -;  and  therefore  the  Angels  in  Heaven  rejoyce  for  a  finner  that  tepenteth, 

becaufe  not  onely  he  by  repentance  puts  himfelf  into  the  arras  of  mercy,  but  alio  defifts 

from  that  enormity  which  illaqueates  and  makes  unhappy  the  life  of  many  innocent 

holy  ones,  whom  he  traduces  and  mifrcprefents.     There  was  not  in  all  Scotland  a 

more  brave  and  pious  noble  man  then  Archibald,  Lord  of  Ang «/5  in  his  time  was  j  1**1"™*'  f' 

yet  he  dyed  by  incantation  and  witchcraft :  nor  was  there  here  a  braver  Knight  then 

this  in  our  Text,  yet  he  was  accufed  of  Treachery,  and  not  acquitted  by  his  Accufcr 

till  at  the  Gallows,and  then  the  falfe  Accufer  had  his  reward  j  not  that  which  the  Prieft 

by  order  of  the  Star- Chamber  in  Anna  1544.  had,  who  wasfet  on  the  Pillory  and 

burnt  in  both  Cheeks  with  an  hot  Iron  with  the  letters  f.  A.  which  the  paper  over  his 

head  expounded  for  falfc  Accufation  4  or  as  the  other  in  1556.  was,  for  accufing  one  St°w's  cimmdi 

of  the  Court  of  Common  pleas  of  Treafon  ;  but  by  hanging  at  the  Gallows  by  the  hfad  S\T^'  f,1S7' 

while  dead,  and  then  cut  dotvn  and  buried  without  Cbriftian  Burial. 

Taliter  froh  dilor  &  quam  flares  alii  miferi  facittnt,  non  veritatis  canfa,  fed 
fotutn  nrgentibns  tortnris  artlati,  qnidtunc  certitudinis  refultat,  ex  confejioni- 
bus  taliter  sompreff'srnm. 

This  Claufc  affirms  that  which  iafflrmable  of  all  relating  to  erring  man,  to  wit,  that 
nothing  he  fayes  or  does,  is  infallibly  to  be  concluded  upon  further  then  it  is  regulated 
by  a  divine  Principle,  which  regards  truth  and  fears  falfhood  as  a  provocation  of  the 
pure  God,  who  is  the  revenger  of  it.  Nor  is  the  Argument  here  applyed  more  ftrong  • 
againft  tortures  then  any  other  tryal  wherein  men  are  inftraments,  who  by  being  poffi- 
ble  to  be  corrupted,  may  fo  be  under  Juryes  as  well  as  tortures  -t  onely  thisitfhewS 
that  then  the  excufe  of  the  invention  of  torments  is  detra&ed  from,  in  the  ineffcdhiali-. 
ty  that  they  prove  to  the  difcovcry  of  truth,  which,  notwithstanding  them,  is  con- 
cealed ■,  and  juftifici  lighter  punifhments  ( though  mortal )  to  be  both  lefle  barbarous, 
and  as  much,  if  not  more  effedruall  then  thofe.'  For  whereas  in  France,  where  tor-  • 
mentsarc,  truft  is  altogether  totheacutenefsofthofefufferings,  as  if  the  terrour  of 
them  would  work  enough  without  any  foftcr  applications :  With-  us  in  England  be- 
caufe our  kindes  of  punifhments  are  lighter,  wedo  apply  religious  Arguments  to  the 
Confcience,  and  lay  hometheterroursofGodtofinners^  and  becaufe  the  Magiftrate 
comes  not  to  encounter  this  Gcliah  of  Defpcration  in  his  own  ilrength,  in  which  no 
man  /hall prevail,  but  with  fpiritual  weapons  which  are  mighty  througn  God  -,  there- 
fore God  makes  them  prevalent  to  work  contrition  and  confeffion.  Piety  is  theno- 
bleft  and  neareft  way  to  politique  permanent  I  flues  and  Succefles,  Nor  are  Statifts  ever 
more  wanting  to  themfelves  then  when  they  negleft  the  fpiritual  weapons  of  the 
Church  to  fecond  the  carnal  ones  of  the  State.  The  bottom  of  any  villany  will  foon- 
er  be  founded  by  an  holy  and  ferious  Divine's  humble  Prayer,  ferious  conviftion, 
prudent  encounter  with  a  wicked  Confpirator,  then  by  all  the  terroursand  allure- 
ments whatever  ■,  becaufe  Satan  and  his  own  corruptions  incrufl  him  againft  the  one, 
but  againft  the  other  which  is  God's  Engine  and  Key  by  which  he  turns  all  the  fprings 
and  wards  of  refolution  and  fecre'ey,  tney  are  invalid  :  this  is  evident  in  experience, 
not  onely  in  many  examples  with  us,  bnt  alfo  abroad  h  the  Hiftory  of  Venice  has  a  shute,p.i«j. 
notableftory  of  Bdtrand  a  popular  man  in  that  State,  Who  was  privy  to  the  Confpiracy 
of  PJW«-i««gainft  the  Government,  whqfe  Confcience  fo  troubled  him  that  he  re- 
vealed it,  brought  the  Confpiratours  to  execution  and  delivered  his  Country.  And 
yet  how  hard  is  it  to  perfwade  the  world  that  Piety  is  the  beft  Policy  j  when  as,  if 
men  would  obfetve  it,  there  is  no  folly  like  that  of  the  worldling, 

who  ferves  a  Mafter  which  cannot  fupport  him,  but  leaves  him  as  $2""  *jPr**mtii  -ntoU  &***} 
Sainf  Ambrofe  fayes,  inanhelplefsand  hopelefs  mifery.  And  yet  Z™2  t'fJ.tZ' $Z?%X 
the  world  is  a  goad  in  holy  men's  .fides,  and  often  a  fnarc  to  them-  yMitu  f»b  tMauu  /»*  m»o«  jmm 
nay,  everfo,  when  they  love  it  above  their  boundary,  when  they  tlZ^TZ'&i' 'fi** '*"**"* 
take  it  as  their  friend,  and  delight  in  therepafts  and  umbrages  of  it, 
whentbeyfuffcritto  corrupt  their  moderation,  and  to  tickle  and 

hallucr- 


}o6 


SootTwood.Hijf. 
CVre'j  Scotland. 
t'  115. 


Shute's  Htjltrj, 
p.  i 17. 14*. 


^>i  txbibtmo 
ullnm  return  hf 
w»ificHrn    coram 
ftmtui  obfianie 
Dtcalo£i  prtceptt 
fecnndi.    Grot. 
I*  /limn, 


A  Commentary  upon  Fortescue. 

hallucinate  their  paffions,  and  by  them  furprifed,  to  engage  them  to  foedity.    There 
isanotableinftanceofthisin  Matter  Mountgomery  the  Minifter  or"  Striveling  in  Scot- 
land, who  was  as  fierce  a  man  againft  Hpifcopacy  as  any  his  contemporary  •  yet  fliorc- 
ly  after  this  man  accepted  the  Bilhoprick  of  Glafcow,  which  he  fordidly  came  to  by 
making  over  to  the  Duke  of  Lenox  (who  was  his  Patron  thereto)  the  Land  of  the  See, 
which  the  Duke  had  a  minde  to,  and  by  taking  in  hew  thereof  a  thoufand  pound  Sco- 
tifby  to  be  paid  by  the  Duke  and  his  Heirs  ^  to  which,  1  had  almoft  faid  facrilcgious, 
Condition,  no  Clergy-man  in  Scotland  woald   yield,  and  by  yielding  have  the Bi- 
{hoprick,  but  onely  he.     In  which  frailty  we  are  taught  to  miftruft  our  felves,  and  to 
look  on  men,  as  temptablc  and  various  j  and  therefore  the  Text's  inference  is  good, 
Quid  tunc  certitudinis  ex  confeffunibus  taliter  tomprejforum.  ~]  For  men  not  being  thera- 
felves  when  they  are  in  pain  and  under  preffure,   the  Oppreffion  of  it  often  making  * 
wife  man  mad,    tliere  is  little  heed  to  be  had  to  what  is  faid  or  done  ur.def  the 
torture  of  it.    Nor  has  God  given  -  certitude  to  any  thing  that  is  extrinfique,  for 
evety  thing  being  fubjeft  to  his  interpofition,  there  is  no  certainty  to  be  conclu- 
ded, but  that  he  will  rule  all  for  the  beft  of  his  glory  and  his  Saints  good  ■,  but  as  to 
outward  things,  alas  they  go  crofs,  and  are  vicillitudinariotis,  and  that  by  the  fpe- 
cial  appointment  of  God  •,  nor  can  any  thing  be  depended  on  in  them,  or  collected 
from  them,  but  what  is  fubjed  to  contingency :    Men  intend  one  thing  and  God  dif- 
pofes  another ;  States  make  Lawes  to  one  end,  but  God  nulls  fttiofaf  naftions  by  his 
occult  pleafure,  which  alone  mufi  fiand :  yea,  if  Counfels  and  Lawes  are  never  fo 
well  ma.de  and  laid,    ifGoddonot  reveal  the  feafons  and  opportunities  when  to  Tec 
them  on  foot,  and  whereby  to  improve  them  ■,  all  the  wifdom  of  Law-makers  is  de- 
feated.   Dorid  the  Genovejfe  was  a  brave  General  and  got  a  mighty  vidory  againft 
the  Venetians  in  fhaleriis  Dukedom,  which  had  he  profecuted,  as  he  might,  and  come 
1  dire&ly  to  the  City,  he  had  utterly  determined  the  Venetian  Government  ard  Power : 
fo  had  the  Genovejfes  after  the  taking  of  Chieggia,  but  God  gave  them  np  certain 
knowledge  of  the  event •,  and  fo  they  miffed  the  improvement  of  the  vidory.    No 
more  certainty  is  there  of  the  truth  of  that  which  a  tortured  perfon  confeffes  to  avoid 
his  pain,  then  there  is  of  that  which  may,  and  may  not  be.     Tortures  are  like  r-hyfick, 
on  fome  trinid  and  cafy  natures  they  work  fully  and  readily  -,  but  on  others  they  mud 
have  notable  acutcnefs  to  ftir  them  :    and  when  fink  they  do,  'tis  their  bodyes  and 
nature,  not  their  malice  and  venom  that  yields  •  confefs  truth  they  may,  but  as  often 
they  confefs  nothing  at  all ;  or  if  any  thing,  r.ot  that  they  Ihould  .-   And  therefore  the 
Text  fayes,  ££uid  tunc  certitudinis  refultat,  ex  confeffionibus  taliter  comprejforum. 

Cdterunt  f\  innocent aliejuit nonimmemor  falutis  item*-,  inhujusmedifiabWomsfor- 
nace,  cum  tribus  pueris  benedieat  Dtmint,  nee  mentiri  veht  in  perniciem  animtfua, 
quo  Judex  eum  prcnuntiat  innocentem,  nonne  etdem  judicio  Judex  Me,  feiffum  reum 
judicat,  omnis  fdvitU  &  p cenarum  quibus  innccentem  afflixit  ? 

This  Claufe  is  brought  in  to  (hew  how  instrumental  fome  Powers  of  the  world  are 
to  torment  Chrijl's  Innocents,  who  are  for  the  moft  part  the  onely  fuffcrers  in  the 
world  j  at  leaft  in  thofe  exquifite  torments  which  are  the  effects  and  inftrumentsof  the 
implacableft  Malice.     For  as  lenity  in  man  is  a  ray  from  God's  oceanal  Mercy,  fo  the 
contrary  is  a  confedary  of  God's  abfence  and  retrsftion  from  man-,  and  when  the 
fpirit  of  man  is  fimply  natural,  and  has  no  adjunct  good  which  fweetensand  abates 
the  tartnefsof  its  peccant  rage  }  then  is  it  virulent  and  demoniacally  rapacious  to 
makeothers  as  unhappy  asits  malicecan,  and  to  oppofe  it's  felf  to  whatfoeverisnot 
as  impetuoufly  depraved  as  its  felf  is.    This  being  the  Rife  of  Antipathy,  the  Road  to 
Pcrfecution,  Tortures,  the  Emanation  of  it,  fall  to  no.  Lot  mere  diredly  then  to  God's 
lot,  whom  the  world  is  faid  to  hate,  becaufeit  hate  4  me .(  faith  thrift)  firfit  andbe- 
caufe  they  arc  not  of  the  world  •,   therefore  they  do  not  onely  fpeak  all  manner  of  evil 
againft,  but  aft  all  manner  of  evil  to  them,  fpecially  that  of  making  their  lives  un- 
quiet and  their  deaths  bitter  to  them.    The  p  ret  9  inftance  of  this  in  the  latitude  of  its 
inhumanenefs  is  here  borrowed  from  Daniel  $,  13.  where  the  three  children,   sha- 
Arach,  Mefbach,  and  Abednego,  more  timorous  to  fin  againft  God  then  to  incurr  the 
King's  difpleafure,  rcfufe  the  ado'ration  of  the  Idol,  and  accept  the  pnntfliment  that 

.    Nc- 


A  Commentary  upon  Fortes  cue.  307 

Nebuchadntzzar  annexed  to  the  rccufancy  thereof.-  And  that  it  may  appear,  that 
not  humour  and  Angularity,  but  zeal  and  confciencc  led  them  to  thisrefolution  ;  it  is 
remarkable  that  they  do  not  revile  the  Decree,  nor  reproach  the  Power  under  which 
theyfuffer,  but  as  Christ  their  head  is  faid,  like*  Lamb  ltd  to  the  (laughter ,  not  to  ^#Jf.31. 
open  his  mouth  either  in  complaints,  or  denunciations  of  judgement .-  fothefe  Con- 
feflbrs,  his  Members,  ftiewed  no  renitency,  but  willingly  embraced  the  fuffering, 
trufting  in  God,  who fe  Champions  they  were,  for  the  ifiue.    A  las ! 

they  knew  the  Jews  were  envyed  by  their  Chaldean  Mafters,  and     v'ri  chaidii  ««*/«»«»»  jud*  o»  ]  mt* 
that  they  had  purpofely  invented  this  trap  to  catch  them  in ,  whom    ^"Jl™/  Sa'i!,"^7ZfiL7- 
having  <ruin*d,  they  thought  the  Hebrew  Religion  with  the  chief    <**/<<iaw«.  Grot. ;» /«*»». 
Aflertors  ©f  it  would  ceafe  and  all  become  Ethnique,  as  chaldaa 
was :   but  God's  thoughts  were  otherwife,  he  fuffered  his  to  be  led,  not  onely  to, 
but  put  into,  not  "M3,   the  Iron  for  nice,  fo  rendred  ab  excidendo,  fett  ftdiettdo,  be-  £>»«*•  «*.»°- 
caufe  the  Iron  Oare  is  digged  out  of  the  earth  ■,  nor  "Ml?,  the  Baker's  Oven,  wherein  Llv- 1'- *s- 
bread  is  baked-   nor]?/1?,  theTilekJUot  BrickJS ;  nor  yet  1©?3,  a  Founders  for-  I"-*-'- 
pace  to  melt  metal  in  •     though  thefe  all  are  exquifite  fires  and  intenfe  in  the  torment 
they  put  thofc,  that  are  calt  in  them,  to;   but  Jti»  ^HS,  a  Chaldee  word  empha-  T""4  ""*  '"?"- 
tique  to  exprefs  a  Chaldee  punifhment,  into  a  fornace  of  fire  feven  times  hotter  then  or-  Jxos. "gLu?' 
dinary  fire,  that  is, into  fire  purpofely  hightned  by  the  Materials  of  fubtility  that  feed  it  •   <•««"■ 
into  this  fire,  which  was  the  creature  of  ingenious  cruelty  and  finfiill  Malevolence' 
were  the  three  Children  caft  ;  yet  for  all  this,  they  neither  prayed  mitigation  nor  re-  £».i>/i  «««. 
lufted  the  chearfull  acceptance  of  it,  but  having  a  clear  Confciencc  of  their  innocence  f<t"mUvub  "•  «•» 
and  a  juft  confidence  in  God's  power,  they  put  themfelves  upon  the  flames,  and  in  'Zp^Zf.Zm 
the  mercies  of  the  Almighty  they  did  not  mifcarry^  but  not  onely  hadfecurity  from  f»f  _f*t**>»- 
the  flames  exuftion,  yea  or  acceffion  to  them,  but  had  alfo  the  aflbciation  of  Cbrijt  Ga'T'"us '"  '" 
^fw  toafiwagethefuryofthefire,  and  fweeten  that  intended  Crofs  into  an  honour 
by  Ivs  compartization  with  them  -,  as  the  ftory  read  at  large  will  more  accurately  in- 
form the  Reader.     Now  this  our  Chancellour  makes  ufe  of  to  fliew  the  force  of  paf- 
fion,  however  it  be  objected  ■,  for  as  love  to  Idolatry,  and  indignation  not  to  fee  it 
propagated,  moved  Nebuchadnezzar  to  make  the  Decree,   and  the  Chaldeans  to  in- 
form againft  the  three  Children  as  Contemners  of  it,  and  criminal  for  fo  doing  ••  fc> 
love  to  God,  and  confidence  in  his  mercy  and  power,  kepc  the  three  Children  from 
complying  with  the  Text's  terms,  mentiri  in  perniciem  aniwt.  fua,~\  and  made  them 
chufe  rather  the  fiery  fornace  then  to  worfhip  the  Image  :     Whence  our  Chancellour 
collects,  that  to  fentence  an  Innocent  is  fo  great  a  crime  that  it  not  onely  deferves 
from  God  a  fentence  of  retaliation,  according  to  that  of  our  Lord,  For -with  the  fame  M*tth.~.-.. 
mtafnre  je  melt  to  ethers,  it  jhall  be  meeted  to  jou  again  ;   as  befell  the  bufie  Informers 
in  Daniel  by  judgement  of  Darius,  but  it  alfo  makes  .fuch  a  torment  intheConfci-  x>«.«.».i4. 
ence  of  a  Judge  that  condemns  him,  that  he  never  or  very  hardly  fedates  and  abates  it  • 
but  in  the  Text's  words,  Seipfnm  ream  judicat  omnis  ftvitia  &  pocnamm  ambus  inno- 
centtm  afflixit.      And  how  much  a  prudent  natural  man  will  decline  the  guilt  of  bloud 
innocent  blond,  we  may  fee  in  Mat's  cafe,  who  though  he  was  cunning  enough  to 
makethebeftof  his  Deputy- (hip,  and  knew  the  way  to  cajoul  the  Jews,  and  to  ren- 
der them  fupple  to  Acclamation  of  him -,  yet,  when  his  Wife  fent  to  him  word  of  her 
Dream ,   wherein  Ihe  had  difcovery  from  God,   that  the  Prifoner  to  be  brought 
before  him  was  a  juft  man,  and  that  the  JeVts  thirfted  after  his  bloud  ■,  which  judi- 
cially they  could  not  come  at,  but  by  Pilat't  fentence  and  delivery  of  him  to  them  to  be  m™:-..  17.  i». 
crucified  .     when,  I  fay,  in  the  21,  22,  and  z%\  verfcs,  Mate  had  done  as  much  as  he 
cunningly  could,  to  blunt  the  rage  of  the  profequuttng  Jews,  and  to  weaken  and  evir- 
tuate  their  evidence  ^  and  yet  for  all  this,  obftinate  they  were,  being  fet  on  by  the  chief  v«f-*e-   ' 
priefls and  Elders:     when  all  this,  I  fay,  was  done,  and  yet  they  would  not  be  dif- 
couraged,  then  lit  took  water  and  waftied  his  hands  before  the  Multitude,  faying,  I  am 
inmantof  the  blond  of  this  juft  per f on,  fee  you  to  it,  v.  24.  which,  though  1  take  to  be  no 
abfolutionofhim,  yet  declares  that  he  thought,  that  to  judge  Innocence  to  death  is  to 
draw  judgement  on  ones  fclf,  and  to  bring  Hell  into  a  man's  own  Confciencc  ;    which 
DavidMt  fo  fore,  that  hecryeh  out  to  God,that  of  all  Mercies  he  wouldblefsbjn  with 
Delivery  from  bhud-gniltjnefs.    And  therefore  our  Chancellour,  in  termingBuclty   t/W,ji.«. 
fernities  animt,  3  writes  emphatiquely  here,  as  every  where  •    for  pernicies  comes  a 

feme- 


308  ^Commentary  upon  Fortescue. 

pernecando-,  and  the  Latines  to  (hew  the  direfull  nature  of  ir,  couple  it  with  p,ftu  :  to 
*"}'*■  Lucilius^  Hoftibus  contra  pejiem  perniciemcjue  ;  indTenncc,   Eripite  banc  psftem  pcr- 

foffi'.  nicicnujue  mihi  •,  and  Tu/ly,  Pemicies  omnium  adtlefcentum  perjurus  peflis  •,  lb  of  Ca- 

taline,   Cum  tun  pefte  &  pcrnicic ;  I  fay,  the  Chancellour  in  this  applaufc  of  honeft 
recumbency  on  God,  rather  then  to  provoke  him  by  lying  in  pemkiem  animi, ]  does 
commend,  the  not  onely  holy  conftancy,  but  wifdome  of  good  men,    who  thereby 
fave  themfelves  much  horrour  •,  which,   their  lukewarmnefs  would  occafion  in  the  re- 
morfeofthcirconfcienceforit.  O  there  is  no  danger  men  run  into  like  that  which  they 
occafion  themfelves  by  forfaking  the  truth,  and  trufting  to  lying  vanities,  'tis  the  Fog  in 
which  all  Confidents  mifcarry,and  bring  themfelves  by  fin  to  flume  &  ibrrow.  Religion, 
Scripture,and  the  Lawes  of  the  Land.are  the  onely  Guides  of  ourduiy  to  God,  men,and 
our  felves  and  he  that  walks  according  to  thefe  in  the  moral  Duties  and  juft  Prefcripts  of 
them,  (ball  neither  err  in  judgement  or  fink  in  reputation  ;  but  (hall  dare  to  doe  as  that 
generous,  learned,  pious,  prudcnt.ftout  *  Zam^umrmm,  as  learned 
*  Bifhop  Brumrigg,  late  L.  Si-     "rj.  Colljns  termed  him,  did,  to  a  perfon,and  in  a  time,  when  to  coun- 
fbop  of  Exon.  fd  to  five  U  Cafar  the  things  that  are  Cafars,and  to  God  the  things  that 

£ZS^»£&£  rGod\  wastobidhimundoeallthatheh^dundudydone  :  I  fay, 
den.  uti  l.  itjbcp  if  Worchefter.  hit  hc,that  is  thus  innocent.fhall  have  from  God  the  grace  &  favour  thus 
Mtmcriats ./  hm.  p.  1*7.  t0  40C>  an(j  not  himfelf  be  undone  for  fo  doing.  Whereas,  when  men 

are  led  by  private  Spirits  and  tickles  of  vain  glory,   vile  ambition  orvagc  covetoufnefs 
they  muft  cxoe&perniciem  anim* :  Thus  a  Prophecy  and  a  Vifion,  which  two  Priefts, 
s    d  jointly  averred  they  faw  concerning  the  Duke  of  Buckingham  in  Annoi%z\.  His  ob- 

taining of  the  Crown  toft  the  feduccd  Duke,  and  the  like  loft  others.     And  had  that 
Reverend  Chief- Juftice  ( for  fo,  while  he  was  himfelf,  he  was)  Sir"  m&iam  Hanckjford, 
Holing        f'    Temps.  E.  4.  not  more  feared  men's  wrath,  then  trufted  God's  power  and  mercy  j 

he  would  not  have  contrived  his  own  murder  to  avoid  the  danger 
Hoiinglhed.  ?.  ios>».  of  difficult  times .-    nor  Sir  fames  Hales  in  Queen  Mary's  time.  Tis 

t„.  ,n^,r  ,4,,  D^n, Jelu,  cm  .uhL  .      j    $  inr  j  prgftfed,    Then,  O  Lord,  the  franker  of 

nm  tin  ">e  n,£*r,  veiu,  nt  pnttm  -,  fed  the  retns  and  heart,  kuowcjt ,  that  J  aid  not  therefore  deny,  leaft  I 
HnmmmmUi,tut*tim.  ^»a«Hie-  Jhould  fufer  ;  but  therefore  1  would  notlje,leafilfnouldfiH;  for  if 
lonym.u  imc  once  truth-grow  cheap,  and  men  learn  the  finfull  fubtlety  to  own 

her  no  further  then  (he  may  ferve  their  ends,  and  credit  their  defigns  and  enterprifesj 
l.  ^rM.  L»ud.  thcn  they  care  not  to  make  lyes  their  refuge,  and  to  blemifh  innocency  rather  then 
k£  fi£'.»  fuffer  the  abortion  of  their  Projed.  Tis  a  rare  paffage  of  the  late  Grand  Arch- 
»/£«•  t>  Eifhet  Prelate  of  our  Church,who  in  many  things  was  prophetical,*^™  the  foundations  of  faith 
the  jifmte.  arefiaken,  be  it  by  Supcrftition  or  Prophantnefsjie  that  puts  not  to  his  hand,  at  firmly  as  hi 

can,  ttfufport  them,  is  too  vary,  and  hath  more  c  are  vf  himfelf  then  of  the  caufe  of  Chrift  ^ 
&'tita  rtarjnefs  that  brings  more  danger  in  the  end  then  itJhuns,for  the  Angel  of  the  Lord 
M"M)'         ifjued  tut  a  curfe  agaivjl  the  Inhabitants  of  Meroz,  beeaufe  they  came  not  out  to  help 
the  Lord  againft  the  mighty:  thus  incomparably  he.    'Tis  good  therefore  to  do  all 
things  with  refpect  to  juftice,  for  the  day  of  retribution  will  come,  and  then  the  lex 
talionis  will  be  revived  ■,   which,  they  need  not  to  fear  who  do  righteous  things,  and 
they  (hall  be  unable  to  abide  or  avoid  who  do  the  contrary  •    the  confideration  of 
which  wrought  fo  with  Antonio  Vtnieri  the  62  Duke  of  Venice,  that  he  did  a  notable 
shme's  Mftorj      jHftice  0n  his  own  Son  when  an  Offender  -,   for  L"dovico  his  fon'  being  in  love  with  a 
vemce.f.171.     Senator's  Wife,  there  happened  fome  caufe  that  he  and  her  Husband  fell  out,  andZw- 
Wmc#caufedHornstobchungup  at  the  Senatour's  Gate  ■,   the  infolence  of  that  in- 
jury coming  to  the  Dukes  ear ,  fo  offended  him,  that  he  caufed  his  fon  to  be  impri- 
soned, where  he  remained  till  he  dyed,  a  rare  Prefident;    and  fuch,  as  if  all  Judges 
would  follow,  they  would  not  need  to  be  ftridtly  tyed  up,  which  they  being  not  in 
1m,*f**Gmi   the  Civil  Lawes,  wherein  much  is  lefc  arbitrary  to  them,  as  the  learned  Doftor  Rid- 
***  E"l'f  LtT°-  ley  has  very  judicioufly  collected  the  I  nftances  to  my  hand ;   I  prefume  there  may  fome 
p.  17,1s.  ij>.»».  rcafon  i,e  f^,r  fome  to  doubt  whether  Judges  in  that  Law  may  not  be  men  and  err  in 
judgement  by  having  the  opportunity  of  that  latitude  ;    but  that  they  have  tranfgrefTed 
that  way  is  no  part  ofmy  charge  to  inquire,  orofrny  work  to  blazon:     I  ama  great 
honourcr  of  the  learned  Civilians,  and  (hall  ever  in  my  Orbe  further  all  Civility  to 
theirafewned  Profeffion ;     as  owing  my  felf  much  enriched  from  the  light  I  have 
had  an3  Collections  I  have  made  out  of  Thelofanus,   Budatcs,  Hopper  and  Grcti- 

us, 


A  Commentary  upon  Fortes  cue.1  3<3p 

*/,  four  matcblefs  Civilians,  which  I  think  fit  here  gratefully  to  remember :    But 
I  proceed. 

O  Judex,  ambus in  Seholis dedicifti ,  te  prefentem  exhibere,   dttm  pan  as  hit  reus? 
txecuticnes  quippe  judkierum  in  criminofos,   per  ignvbilcs  fieri  convenit. 

This  Apefirophe  our  Chancellour  ufes  to  fhew  the  tenderuefs  of  his  foul,  which, 
though  it  can  ferve  juttice  in  pronunciation  of  its  fentence  on  Malefa&ors,vyet  can- 
not abide  the  view  of  that  execution  it  judicially  awards  criminals  to  •,  and  this  the  good 
man  thus  fees  forth  to  call  men  to  tryal,  whether  they  have  bowels  of  compaffion  to 
Manhood,  when  they  have  refolutions  of  vehemence  againft  vice  the  abufion  and  dis- 
honour of  it.  For  fince  it  is  tragical  to  behold  fanguinary  executions,  and  cuftome 
is  apt  to  naturalize  cruelty  to  men,  the  Chancellour  dehorts  (as  I  think)  in  this  ex- 
preflion  all  Judges  from  feeing  Execution  of  their  Sentences  ^  leaft  they  (hould  lofe 
that  foftnefs  and  lenity  which  the  Law  intrufts  them  to  exprefs,  where  not  derogato- 
ry to  Equity  and  prudence.     And  therefore  what  Saint  ^rewfaid 

of  HyUrion  in  another  cafe,  I  (hall  apply  to  this  ^    The  profound     MvaamMfpaftafi^ummiur  «w 
Judgement  of  the  Judges,  the  diligence,  impartiality  and  calmnefs     S^t&TJ^^'  ££ 
they  exprefs  in  their  bearing,  examinining,  and  judging  , of  cafes,    -iUm  &  homrtm  ««/««;« -mgi.  sanftns 
I  admire  not  fo  much,  as  to  fee  and  hear  them  do  this  ^  becaufe    Mie"»nym  De  Hyiarioac. 
they  know  not  to  do  it  is  to  derogate  from  God  and  the  King,  whofe 
Delegates  in  judgment  they  are  :  yea,  r,ot  to  do  it  is  to  contemn  the  glory  of  doing 
good  to  Mankinde.     And  thereupon  our  Chancellour  looking  upon  cruel  Judges  as 
great  Monfters,  calls  them  to  account  to  him  whence  they  learned  their  terrible  prin- 
ciples, and  how  they  thought  they  fhouldgive  God  their  anfwerfor  fuch  mifufc  of  his 
indulgence.     O  Judex,  qutbus  in  Seholis,  faith  he. 

Slaibus  in  Seholis  ]  All  learning  was  in  Scholes  from  the  teaching  of  the  Matter  or 
Profeflbr  in  them ■,  and  Scholes  were  the  repofe  of  learned  men,  where  they  did  feat 
themfelves  to  Meditation,  and  inftitution  of  thofe  that  applyed  themfelves  to  them  for 
learnings  fake.     Etymologifts  fay  Scheia  comes  from  the  Hebrew  ■TmVWi  vacavit,  or 
cti»  vixit  •,  becaufe  when  men  had  wearyed  themfelves  with  travel  and  peragration, 
their  quiefcence  from  that  toyl  was  called  their  Schole,  that  is,  they  fat  down  to  di- 
stribute to  others  their  Collections,  and  to  propagate  their  acquirements  to  the  good 
of  fucceffion.     The  Holy  Text  tells  us  of  the  Scholes  of  the  Prophets  ■,    Bertfus  Athen*us  BeiP- 
and  Middendcrjuus  ftory  the  Affjrians  and  Egyptians  to  have  Scholes-,  the  Fhcenki-  "\°*  ' 
tint  alfo  who  had  Colonies  of  Trade  and  Correfpondence  all  the  world  over,  traffiqucd 
alfo  for  letters,  Berjthw  amongft  them  was  famous  for  it  and  termed  pulcherrimam  & 
legurr.  nntrkem  -,  and  among  the  Grecians  Scholes  were  fo  frequent,  that  all  Greece  was 
afmolt  nothing  but  a  great  Schole,though  Athens  was  called  Civitatem  livgaatam,  s«^'-  c*lim  Rhodi- 
SQ-  p>ir«or,  the  eye  and  choice  center  of  Science,  becaufe  the  r.otedeft  Matters  refided  gw.  Amiq  w. 
there,  and  from  thence  difper  fed  themfelves  into  all  the  World  :  fo  that  Scholes  were  l%c-zi% 
the  Darlings  of  all  Nations.  Hence  read  we  of  the  Corinthians  K^inov,  where  Djenijius 
the  Sjrtcufdn  Tyrant  was  Profeflbr  after  his  banifhment ;  the  Rhodian  Gjmnafium,  Laet,ius.''''*- 
to  which  Ptntpej  the  Great  was  fo  great  a  Benefaftour ;    the  ?  Scholes  of  Alexandria  'c\c."ubl°Tr'aH- 
vnixh  Strab*  remembers,  and  from  whence  fome  fay  the  name  Uokk  by  way  of  emi-  cul- 
nency  was  given  to  Alexandria,  as  thofe  of  Athcnt  did  the  name  tfAru  to  that ;  the  fj.  /! IC*  £""' 
Carthaginian  Scholes  in  which  Tertuliian  was  profeflbr,  Saint  Cyprian  a  Rhetorician,  \  s"»bo  ''*•  »*•' 
and  Saint  Augujline  a  Studenr ;  the  Couftantinopalitan  Scfeoles  which  brought  up  Saint 
Bafil  the  Great,  iad  Julian  the  Apofiate-,   thefc,  added  to  Plato's  Academns,  Arifio. 
tie's  Ljcaum,  Zent's  Stca,  the  Cjniaucs  Cjrofarges,  the  Academiaues,  Peripatetiejues, 
Stoiejues,  aud  Epicurean  Scholes,  make  a  large  Mutter  of  learned  forces,  andattrong 
Battalia  againft  Barbarifm.     But  if  to  thefe  the  Scholes  of  later  times  be  added,  there 
will  be  fiicli  an  appearar.ee  of  learned  Liberality  and  Princely  Greatnefi,   as  but  to 
mention  tbem  will  be  the  work  of  a  life ;  1  (hall  therefore  referr  ray  Reader  to  thofe  m.t,  DeTr«A 
'  excellent  Aui hours  that  ha ve  written  on  them ,  as  Middendorjuus,  Hijpinian,  Sturmius,  Bifeipi . 
Ludovicus  Vivts,  Gatzcnius,  and  multitude  of  others,  which  Fabian,  fuftiwan,  and  ^n'&Ccw^'il'. 
Draudius,  in  their  Biblicthcces  mention  ■,  yea,  as  not  the  leaft  of  all  to  Junius  his  Acade-  „*<  fLtm  to.  ». 

E  e  e  mia,  °e"*m- 


rjio  A  Commentary  upon  Fortes  cue. 

mia,  and  hold  my  felf  excufed  in  writing  no  more  of  Scholes  here,    becaufe  the 
fummc  of  what  I  can  briefly  think  of  pertinent  hereto,    I  (though 

(a)  See  my  Afologic  for  tear-  very  unworthy,  yet  i  thank  God  I  dare  fay  it  with  a  very  great  and 
ning  and  learned  men.  Printed  juft  love  to  learning  and  Religion  )  did  (4)  Apologetically  publifli 
Ann*  1 65  3.  'in  thofc  tragick  times,  when  they  both  were  in  hazard  of  (b)  Nau- 

frage  •,  and  to  the  prevention  of  which,  God  knows,  I  therein  did 

(b)  Strongly  prefed  in  the  my  utmoit  endeavour .-  To  that  Mite  then,which  God  (I  am  a  flu red) 
Commons  °Houfc  that  Vniver-  accepted  into  his  Treafury,from  my  humble  and  honefl;  zcal.for  thofc 
fity  Lands  might  be  [old  and  then  Orphans,  do  I  referr  my  excufe  for  no  further  enlargement 
the  Colledges  diJcoBcdged.  here,  humbly  befeeching  God,  that  as  he  by  his  Grace  then  excited, 

and  in  that  weak  meafure  enabled  me  to  that  fervice,  which  no  man 

( c )  This  was  my  Meffage  can  think  had  any  Advantage  attending  it ,  unlefle  it  were  that 
With  the  Afologie  fent  to  £>.  C.  matchlefs  one  of  being  Valiant  for  the  Truth :  A  nd,  (c)  Exprrtfm* 
by  BtBor  Bernard ,  who  ho-  it  by  conjuring  him,  that  then  had  the  Pcwer,  as  he  was  a  Goitlf- 
neftly  delivered  it  in  my  man,  to  doe  by  the  Counfel  and  Information  of  the  Add'eft,  as  he 
words.  thought  in  his  Confcience  God  expetted  from  him,  that  had  the  ef- 
fort unity  to  doc  good  or  evil,  as  he  had;  )  fo  He  would  gracioufly 
aflift  me  in  tins  humble  undertaking ,    that  from  him  1  may  be 

blefled  with  Deliverance  from  the  ftrifc  of  Penns  and  tongues :     This  I  here  intro- 
duce not  fuperbly,  as  iftherein  I  thought  my  felf  to  have  deferved  of  learning,  no- 
thing lefle,  (for  I  know,  that  my  undertaking  was  but  my  duty  •   and  that  which 
God  required  of  me,  whofe  unintereftednefs  in  the  actuality  of  Contefts  rendced  me 
lefs  fubjeft  to  the  exception  of  any  party  then  fome  others  were. )  But  to  notifie 
to  thofe  honourable,  learned,  and  worthy  perfons abroad,  that  though  Eng land  had 
too  many  furies  in  it,  who  breathed  out  ruine  to  all  that  was  facrcdj  yer,  "that  there 
were  many  in  it  alfo,that  were  true  men  to  the  King,  his  Crown  and  Dignity,  faithfull 
to  the  Church  of  England  her  Order  and  Difcipline,  and  cordially  affefted  to  Learn, 
ings  Lafti  e  and  Incrcafe  .-  But  of  this,  if  I  have  faid  too  much  I  crave  the  Reader's  par- 
don.and  proceed  to  what  our  Chancellour  profequutes.to  wit,the  redargution  of  thofe 
perfons,not  onely  that  fatally  invent.but  that  judicially  promote  tortures  and  torments. 
Thefe,  the  good  and  grave  Oracle  interrogates  where  they  learned  that  Ircompaf- 
fion  to  be  prcfent  at  Tortures,  and  to  fee  their  fellowes  in  Manhood  tortured,  Te  pra- 
fentemexhibere,  dum  fcenas  hit  reus  ?    Por  though  the  Judgements  uttered  by  them 
shute's  Hifior,      againft  Offenders  be  the  Lawes  Juftice  languaged  by  the  Judges  who  are  called  the  Lex 
venic«.j>.  -ss.      [cquens ;  yet  the  Executions  of  them,  fayes  the  Text,  fer  ignobiles  fieri  convenit.  ~\  Since 
though  fuch  Greatnefs,  as  Carrario's,wsiS  delighted  in  giving  thofe  he  was  offended  with 
to  wilde  and  ravenous  Dogs,  which  he  kept  on  purpofe  to  devour  them  •,    and  others, 
whom  he  called  to  his  Hall  to  fpeak  with  him,he  tormented  with  two  Scorpions  which  he 
had  for  their  difpatch  ;     Though  Parages  'the  Mother  of  Cyrxs  the 
St^td  «»i,i   nfiratuiur  •  (>nfMmfwm     younger ,  pleafed  her  felf  to  give  men  that  which  fliould  breed 

mortim  Ujius  timtiufct.     Sabel.  lib.  I.        '  •        i     •     i      j  L-    i    i         j  n        u  i 

ttf, ,.  worms  in  their  bodyes,  which  by  degrees  lnouldeat  them  up,  and 

yet  protraft  their  miferies  upfliot  •    And  Volefus  Aufcflus  his  Pro- 
font.nusw.».Dcimman;tate.  Confuj  £aufed  ^  hundred  men  in  one  day  to  oe  flain  by  his 

Fulgofus/i*.  9.  "p.  2.  Command,  and  walked  through  them  all  agore,  crying  out,  o 

art.  RWig.  ».  ,o.  «,.  ,.  K*"£ lh  hht  i  .AnJ  Mtcrimu  tyed  dead  and  living  men  together 

till  both  were  alike  by  the  flench  and  Vermine  •,   yea  though  but- 
T<rm«,f  TMfti,num  ac  fan*  farriddt-    cher!y  Claudius's  can  look upon  tortured  perfons  and  take  pleafure 

rum  cn*m    nfpiaim  ,    tUitMmitqxt    ac  ,'.  -..  JL/-I  II  it  r 

ten-™,,  ffisu^L  ?/«»*«»  icua«M.     "»  their  afflictions,  and  thofc  lamentable  outcryes,  that  by  reafon 

sueton.  in  ciaudio.  of  them,  they  exprefs }  yet  none  but  Monfters  can  thus  do.   Execu- 

tions, though  things  as  neceflary  in  bodyes  politique,  as  Cuppings, 
Lancings,  Scaryfyings,  Amputations  in  bodies-natural,  being  the  delight*  of  thofc 
that  are  not  of  relenting  bowels .  which  God  himfelf  exprefles  to  us  in  that  repre- 
fentation,  which  his  wifdom,  by  the  Prophet's  pen,  records  to  our  Learning :  when  He 

H'fi*iu7.  complains  his  people  were  bent  to  back-Hiding  from  him,  and  though  his  mercies  call- 
ed them  to  the  molt  High,  yet  none  of  them  would  for  them  exalt  him  :  what  provo- 
cation would  be  greater  then  this,  yet  He  exprefles  himfelf  by  a  pathetique  of  un- 
delightednefs  in  airlifting  them  proportionably  to  their  demerits  •    H<w  fball  I  give 

vnf.t  9.  thee  »f  Ephraim,  how  poauld  1  deliver  »A«Ifrael,  how  (ball  J  make  thee  as  Adnab,  kw 

■      fltall 


A  Commentary  upon  Fortejcue,  3  r  i 

fbatt  I  fit  th:e  as  Zeboim  ?    Mj  heart  it  turned  within  nee,  mj  repentipgs  are  kindled 
ff  ether,  I  wilt  not  execute  the  fiercenefs  if  mine  anger ,    I  will  not  return  to  dtftroj  E- 
phrnim  for  I  am  God  .in*  nit  n.  an,  &c.      And  if  the  Cood  Angels  do  rcjoyce  in  Hea- 
ven at  the  good  of  man,  furely  their  Hhilantbrcpj  does  indifpole  them  to  be  inftru- 
ments  of  his  evil  on  earth  any  further  then  God's  glory  and  his  Saints  good  arc  concer- 
ned therein  :    although  therefore  we  read  in  Scripture  of  Angels  of  the  Lord  that  exe-  2  *«•■  »«■  »«• 
cute  the  Viols  of  his  wrath,  and  exprefle  the  grandeur  of  his  power  over  the  contuma-  7^t"'" l4' 
cious  and  refractory  worhd ;  yet  are  we  not  prefendy  to  conclude  they  are  alwayes 
the  good  Argelsthat  do  it  but  moftly  the  contrary,  Execitticnes  tjuippe  ftidiciorum 
fieri  cenvtnit  per  ignobile.',  faith  the  Text,  that  is,  by  lapfed  Angels  that  hate  God 
and  every  footsftep  of  his  image,  and  by  men  who  are  unworthy  to  live,  and  there- 
fore arc  made  the  Difpatchers  of  other  wicked  men  out  of  life.     Hence  is  it  that  the 
Law  bosh  Common  and  Civil  make  thofe  Fxecutioners  or  Headsmen,  who  are  con- 
demned pcrfons,  and  who  purpofely  have  their  lives  given  them  that  they  may  ferve  Thoioffan.  syn. 
the  pubiickirr  that  neceflary  though  infamous  office  ;  which  how  hatefull  it  is  all  men  "gm-  JU[is-  ''* 
know  that  know  any  thing ;  as,  not  onely  the  common  taunt  givesus  to  under ftand,  M'r'1 
when  rude  men  fay  fcorntully  of  any  man,  they  call,  him  an  Hang- 
man   but  alfo  all  Authours  teftifie:    whereupon  they  are  called     S"*mm#*  «/«/»>■<. itfah*m<m* \>». 

'  uLaL  ■   U      '  ■  1  ■        •  in  •  jHsmtdi  htmmes. 

ignobiles,  which  Atuhours  conjoin  wittl  vitis,  tgnotus,  abjethts  tn     Forneriu^rf%n»4i.f.  in. 
contemptum  •,  fo  Txffj  mentions  (a)  Percgrina  fades  videtur  himinis     W  «  Tufcul.  i»4. 
atctue  ignobilis;  fo  ingUrim  &  igntbilu  a  little  after ;  Ignobilis  preface 
ptpuli,  faith  Servitu  ;  and  Virgil  mentions  ign'tbile  gramen  for  tltat  which  is  a  weed  and 
grows  in  every  ditch  4  fo  that  not  without  caufe  is  that  office  Carn'ficis,<jttaf!  f&U  car- 
nis,of  execution  faid  to  ccnvenireignobilibas,  for  they  arc  onely  fit  for  it,  and  them  it  fits 
as  direftly  as  a  Thief  does  the  Halter  or  the  Halter  the  Thief.-     for  pcrfons  of  any 
whit  raifed  fpirits  and  fublimated  Ingenuities  abhorr  imployments  of  vexation  and  vi- 
olence, to  which  the  curfe  and  reproach  of  Vulgarities  is  appendant  ■,  and  therefore 
fomeof  theEmperoursmadcLawestofecure  the  publick  Executioner  from  that  vi- 
olence againft,  and  detcftation  which  the  people  had  of  him.     And  if,  notwithftand- 
ing  he  were  the  Executioner  0/  juftice,  they  had  fuch  an  abhorrence  of  him,  how 
greatly  would  they  have  bande-d  againft  him,  had  he  been  as  Calergt  that  bafe  Greeks  shutej  mfiory  »/ 
was,  who  murthered  with  his  own  hand  all  the  brave  Venetian  Gentlemen  in  Candid -t  Venice./-,  m. 
and  how  joyfully  would  they  fee  fuch  an  one  rewarded  as  he  was,  who  being  taken 
by  the  Venetians  was  thrown  down  from  the  top  of  the  Palace  upon  the  point  of  fwordf , 
and  being  rent  into  diverfe  pieces  was  caft  upon  the  Dunghill.  For  if  the  Sun  in  Hea- 
ven did  retreat  its  oriency,  as  aftnmed  (  as  it  were)  to  lend  its  light  to  deeds  of  cru- 
elty, as  in  the  Cafe  ofour  Lord  on  theCrofs;  If  a  tender  fpirited 
VefpaSan  juftly  adjudged  no  Malefa&or  to  death  but  with  tears  and 
in  cfcpaflion  to  virtue,  which  otherwife  could  not  be  defended ;     Sueton' »  v«fpaf. 
\i Frederic  the  Second  made  a  Law  againft  wrecks  at  Sea,  as  think-     .         ,        r  . .      .  ,. 

ing  them  rot  nt  to  be  Royal  Boons,  when  the  owner  was  ruined    ur  .d  ,m*m  pm<t,cr4*r  t*m  »*vSu 
by  their  Naufrage-     If  our  Henry  the  Sixth  of  England  was  fo     <p*mn*mi*ntmmbtma,  utit  hmnnfir- 
mildc  and  merciful,  that  he  could  not  endure  the  Quarter,  of  a     TSSCtS^SS^^ 
Traytour  to  be  hanged  up  for  him  •,    If  thefe  Executions  are  fo 
difpleafing  to  brave  Spirits  and  Chriftian  generous  mindes,  thofe,  that  take  content  in 
afting  thcm,and  fhew  a  more  then  ordinary  readynefs  to  accept  the  office  of  execution 
( though  a  very  neceflary  one  in  any  Government )  may  well  be  accounted  igntbilcs 
auafi  non  nctab.les ,xiT\tk\n  the  fenfe  Heroftratns  was  for  his  wickedneft.    For  as  it 
followes .     » 

Ncnenim  per  Angelos  fed  per  Dtmtnes  exeqni  facit  Dominns  judicia  fua  re  data'  in 
damnatos. 

This  Claufe  confirms  the  former,  for  Angels  are  Philarthropique,  andbyreafon  of 
that  do  not  onely  convey  to  the  fouls  of  thofe  they  infpeft  difcoveries,  feemdum  in-, 
te'-'eUim  Wuminaticnis ,  which  they  arc  capable  of,'  but  they  do  ferve  man,  and  the  e- 
le<ft  chiefly,  by  an  exaft  vigilancy,  mn  ex  debits  fervitutis,  fed  ex  efeiln  charitatis 

E  ee  2  # 


^ij  ^Commentary  upon  Fortescue. 

&' or  dine  Legis  Vivina.    Now  thcfc  which  are  defcribcd  to  ftand  befotVGod,  ar.d  to 

do  his  will,  thePurfivants  and  Jannifarici  of  his  Puiflance,  thcfc  are 'never  i: 

ments  of  torment  to  the  damned,  for  they  are  without  their  Pale  and  Charge  •     the 

evil  Angels  being  the  Plagues  of  evil  men  :   but  fomctimes  they  are  commiflioncd  to 

reveal  to  evil  mep  good  things  from  the  CounfeTof  God,  good  to  them  which  in  his 

good  time  he  will  difcovcr  •   and  to  the  opposition  of  which,  he,  by  it,  blunts  the  edge 

of  their  malice  and  vehemence.     For  though  the  knowledge  of  Angels  is  too  myfleri- 

ous  for  our  viato.  y  State,  and  the  Ambition  of  the  Scholcs  has  difplayed  it  felf  fomc- 

wha:  too  curiou fly  therein  ■,  yet  this,  1  hope,  I  may  fafely  add  to  what  heretofore  I 

have  delivered  of  Angels,  that,  They  are  favourites  of  God,  and  have,   Tiu  $taf%*i, 

^dTcbUP     Kj*«H».  the  firfi  Difcoverj  cf  God,  and  make  known  to  us,  w  xjsrij  h,u«c*{  l*wiwl*t, 

Humthu  c.  4.   the  things  that  transcend  our  nature,  and  are  of  consequence  for  us  to  £«elfr  ;    and  being 

p  is.  Edu.  pa-  f0  beneficial  to  us,  ought  to  have  an  awe  in  us  towards  them ;  as  thofe  impure  fpirits, 

n!.^»n»ius.     tjje  Ap0^atc  Angels,  which  are  called  lvre  Damvnes,  have  over  thofe  on  whom  they 

are  faid,  judicia  reddita  in  damnatos  exequi. 

Damones.~\  This  word,  in  the  latitude  of  its  Criticalncfs,  is  Subject  enough  for 
/  i  iv-  i  a  wno'e  Volume,  many  having  taken  great  pains  and  fhewed  much  learning  concern- 
titipatwic*  ingthem,  by  name  (a)  Andre  as  Cafalp'mus',  Steuchius,  Crcsjetius,  Pfellus,  (b)Go- 
(*)  in  Militia  me^  and  may  others  ^  my  humble  aim  (hall  onely  be  to  make  way  to  the  Chancel- 
lor's intendment,  by  a  fhort  confidcration  of  Damones  as  Antiquity  notioned  them. 
(Trdum  The(7r«^r  by  laiftonit  from  lajymv  quafi  Jktiiutr,  underftand  Plato's  guar  us,  fcient, 
^»e°t)cviaatT  intelligent ;  the  Pythagoreans  thought  the  Air  full  of  fouls,  and  thofe  they  difiinguifh- 
one.  e  j  jnt0  Dtmoncs  &  Heroas  •  and  Ficinus  tells  me,  that  they  had  an  opinion,  that  to 

every  one  a  Damon  is  given  for  good,  which  occafioned  the  Pythagoreans  prccary  fon- 
£^5!^»*!i.  net  to  jupiter,   that  either  he  would  be  gracioufly  pleafed  to  deliver  them  from  the 
evils  they  were  fubjeft  to,  or  direft  them  to  that  Damon  they  fhould  depend  on  for 
their  Tutelar;  theStoiques  called  thefe  Damons  in<u4v%>&(,  and 
riutarduuM  i.   De  piac.  phiiofoph.    Saint  Auguftine  out  of  Plato  divides  the  rational  foul  into  three  par- 
"p'x-  titions,  that  of  the  Gods,  that  of  men,  and  that  of  Damons  ■,  to 

Lit.  t.  civit.  Dei.  c  m.  thefe  Damcns  he  referves  the  middle  refidence,  Nam  Decrum  fedes 

.  , ,  in  Coelo  eft  Damonum  in  aire,  hominum  in  terra,  perhaps  refling 
*$<?t:™::i:L^ZX"-  on  the  literal  fenfe  of  Saint  JW,  who  calls  theDevil  the  Prince  o? 
meme  rational*,  tempo  e  sterna,  f»rt.  the  Air  •  to  which  Ficinus  fun"ragates  in  thofe  words,  In  Damoni- 
i.q».si.Lfrim.&<j».its.s.  yKj  pefitum  eft  propinquum  corporci  tnnndi httjus  Imperii  m ;  which 

Tioiinus  Ennai  3.  Ut.  '•;•  *'«•  does  not  onely  point  to  that  notion  of  their  power  as  they  are  fupe- 

riour,  but  of  their  influence  as  they  are  the  Genius  thatinlivcns, 
potphyr.  ut.  1.  De  Abftinemia,  c }«.  propends  and  inclines  Nature  to  its  proper  fpecifique  exprcfiion  of 
f.  so.  Edit.  Hoiftcn.i.  it  felf;  as  that  ii  hJbv,  which  carryes  to  good  and  evil  ■,  whi^|£_ 

Apoiog.t.  31  •  picharmus  intended  to  us  in  thofe  words,  'O  »f07rr<  dvd-tdimnv  JW- 

'  '^**     •  fjwv  ttja.^r  o/f  A  k,  rjM  ;  and  TertuSian  in  thofe  words,  Nefcitis 

lil.i.c.  H..-JK  Gen'tos  Damonis  did  ;  and  Lattantius  when  he  fayes,  Hi  Spirit ui  fibi 

Genitrum  nomen  affumunt ;  thefe,  and  infinite  foch  like  pafiages  out 
Sm  ertim  c*r*ifi"<  6-  />#•>■«  in  h<u  0fthc  Ancients  do  inform  us,  that  as  the  Eudamons  were  tutelary  of 
mnufiSnadiiaifnpgHtmMtifU  fiiitu.  men,  lo  the  Cacodtmonis  (which  are  the  Dtmonesot  our  Text; 
r.Mirandtiiain  Heptap.  lib.  5.  cuitim.  arc  tile  Executioners  of  God's  feverity  on  the  Godlefs  world,  who 
?'*■      '  are  not  onely  peftercd  with  their  ill  motions  here,    which  Forphy- 

Ub.  i.DeAbflinent.  t.  no.p.  ii.  r/«.f  expreffes  by  calling  them,  "A/770/  f$T  mft  tIw  ylZ  fla£*/M7&>r,&iC. 

The  Caufersof  Plagues,  Barrenness,  Earthquakes,  Dreugths,    and 

other  evils  in  this  world,  but  fhail  be  hereafter  with  that  fire  and  torment  which  they 

arccondemned  to  with  them  under  the  name  of  theDevil  and  his  Angels,  fo  fayes 

our  Lord,  Go  y  teem  fed  into  ever I 'a fling  fire  prepared  for  the  Devil  and  his  Angels-, 

which  confirms  the  Chancellours  pofitions,  that  the  Executions  of  God's  judgement 

n™  mwraiiter    in  damnatos,  that  is,  on  impenitent  Malefaftors,  whom  Juftice  has  doomed  to  an  e- 

W4« £>«,«»«/«<*  ternal  Exile  from  God's  comfortable  prefence,  is  by  thefe  Damcnes  performed,  which 

Aqu'Vrtr""^  r'ie  Scripture  calls  the  Devil,  who  is  not  onely  himfclf  an  evil  fpirit,  butthecaufeof 

9«.  <s:  -  all  the  evil  in  our  fpirits,  which  by  his  temptations  and  craft  he  lurches  into  his  power ; 

Ctoitpcf        Wk&  therefore  Saint  Auguftint's  advice  is  very  good,  Magna  Dei  miferieordia  neccf- 

faria 


JuvantcDeo,  inc  tfi  feevmH  ^Angelo  Im. 
pulfiare,  fiuafortque  cgiegia  gtfta*  admU 
randaque  vifiu.  Fharorinus,  De  Excel. 
kimiiui.  Tune  prima,  c.  5). jr.  151. 


fuller's 
228. 


A  Commentary  upon  Fortescue. 

[aria  efl,  zt  ne  qui  "q:inm  cum  btnrs  Angelas  amicos  fe-  habere  put  at,  hf.be  at  males  De- 
motes amicos  felts  cos  que  tanto-  nocenticrcs  qtianto  aflutiorcs  ac  f.-tiUiisres  patiatstr  in:- 
micos.  Far  as  there  is  no  good  Action  that  men,  whether  Chri- 
ftian  or  Ethnique,  do,  buc  is,  as>  lhavorinus  fayc?,  By  Goa's 
leave,  and  by  the  concurrence  tffomc  good  Angel  impelling  and  per- 
fwading  to  the  performance  of  it ;  ncr  did  Quritu,  Fabricim,  Co- 
runcanus,  Calatintis,  Met  t  lists,  Lilt  at  ins,  Cato,  Scipio,  Lditts, 
or  the  reft',  do  any  Heroiquc  deed  buc  by  this  Motive ;  and  as 
that  fceming  Marriner,  who  Anno  1191.  took  the  charge  of  above 
5C0.  Matrons  and  noble  Virgins  upon  the  Siege  of  Ptekmais,  and 
was  by  them  offered  all  the  wealth  they  had,  and  which  of  them  he 
pleafed  to  take  to  wife,  fo  he  would  tranfport  them  any  whether 
from  the  Sultan's  rage,  which  he  freely  did,  landing  them  in  Cy- 
prus, ard  that  done,  could  not  be  found;  as,  I  fay,  I  can  judge 
this  to  be  no'leffe  then  a  good  Angel,  that  officiated  info  charita- 
ble and  Chrjftian  a  work  ^  fo  do  I  veryly  believe  that  the  contrary 
works  are  of:en  the  deeds  of  Damens*  Devils  or  evil  Spirits,  whom 
God  permits  to  affiift  the  world  with  difafters  for  their  Rebellions 
againft  him  •,  and  who,  in  the  tormenting  of  them,  are  the  more 
diligent,  becaufe  they  are  defirous  to  make  others  unhappy"  as  they 
themfelves  are,  as  *  !-aint  Anguftine  well  notes:  which  gives  meoc- 
cafion  to  minde  my  ftlf  and  others  of  that  duty  which  our  Lord  en- 
joins us  to,  '  Watch  and  fraj  that  jcu  enter  not  into  temptation.  For 
though  Satan  has  a  direct  power  over  the  damned,  and  God  gives 
him  a  latitude  of  Commiffion  againft  them,  exequi  jttdieia,']  to 
throughly  torment  them-,  yet  he  can  do  little  or  nothing  to  the  Godly 
without  fpecial  Conceffion  from  Him  whofe  Jewels  they  are,  whom 
he  tenders  as  the  Apple  of  his  eye,  and  againft  whom  he  will  fuc- 
ceed  no  power  that  is  laefive  in  any  degree,  but  only  what  advances 
his  own  Glory  and  their  good. 


JH 


Huly   iWarr.     pag. 


^Qamonet  ejfe  credendum  etlnoccndi  cupi- 
dlfitmes,  a  juflitia  penitut  alienos.  fnper- 
tia  tumidoi.  invidentia  lividos,  fallada 
tallidoi,  qui  tn  hoc  quidem  acre  habitant 
quia  de  ca'.i  fnperiorxs  fiuUimttate  dejetli 
rnerito  irregrefiiiilis  tranfgrefmnis  in  hoe 
fili  congruo  velut  carcere  perdamnati  fiunt. 
lib,  %.  De  Civic.  Dei>  c.  zi. 


\JlUlth.  :6.  41. 

"Damon  ifl  caput  omnium  malorum,  non 
influx*  inieriari,  fed  gubcrnatione  exleri- 
em,  m  quantum  avertuntur  a  Deo,  Sanftus 
Thomas/d».  j.  <j».  I.  art.  7. 

Tentare  ad  mcendum  efl  proprium  d&mo~ 
num.  fed  mundus  &  earo  tentant  htjlrit- 
mentaliter.  Sanft.  Thom«  fan.  I.  & 
eju  \  14.  art.  z. 


Kec  veroinPurgatorio  cruciant  animus  quamvU  pradefiinatas  ad gloriam  Angeli 
bonifedmali. 

This  our  Text-Mafler  brings  in  to  imponderacc  the  argument  he  ufcs,that  Executions 
are  by  ignoble  perfons ;  fince  not  onely  evil  Angels  or  Devils  do  torment  the  damned 
in  Hell,  but  even  they,  and  they  onely  doe  doe  what  is  of  terour  and  torment  in  Pur- 
gatory-to  the  fouls  of  God's  predeftinate.  This  is  his  fenfe,  which  I  lift  not  much  to 
writeonbecaufeitfeemstomean  oufyett,  of  his  religious  miftake  more  then  any  fe- 
rious  matter  on  which  to  ground  an  argument.  For  though  I 
honour  Barotitis,  who  makes  the  Doftrine  of  Purgatory  Ex  A- 
jc (relic a  Traditione ;  and  Bellarmine,  who  undertakes  proof  of  it 
from  the  Scripture  of  the  Old  Tefbmenr,  c.  3.  from  the  New  Tefta- 
ment,  c .  e\.  from  the  Councils,  c.  9.  from  the  Greek  and  Latine  Fa- 
thers, c  10.  ofCaiholiqueConfent,  c.  iy.  yea  though  (a)  Bonaven- 
ture,  (b)  Cajetan,  (c)  Durand,  fd)  Aquinas,  (e)  Alexander  Halenfis, 
(fj  Ciilielmns  Parifttnfts,  and  multitudes  of  other  doe  aflert  it  •  yet 
trutly,  favirg  tKeir  learned  and  venerable  names,  Purgatory  to  me 
(in  their  ferfe)  fcems  but  a  fiction,  or  rather  a  politiqne  Engine  to 
brir.gihc  gold  ardfilver  of  credulous  and  well-meaning  men  into 
the  Pope's  Crucible.  I  do  readily  and  humbly  own  my  Lord  feftu 
the  true  Purgatory,  he  it  is  that  pnrgesus  by  his  bloud  from  all 
fin,  and  piefents  us  fpotlefe  to  his  Father ;  he  ic  is  in  whom  that 
promifeofGod,  Though  their  fins  be  as  red  as  Scarlet,  they  (hall  be 
made  white  as /now,  is  yea  and  Amen  to  his  Saints-  and  under  him  I  bleiTe  God  for 

-ther  Purgatory,  Affli&iorw,  which   God  in  this  life  mercifully  fends  His,  and 
by  the  merits  of  fefus  this  Purgatory  leaves  us  better  then  it  found  us. 

Thefe  Purgatoryes  the  reformed  and  glorious  Church  of  England,  my  Holy  Mo- 
ther. 


Volunt.  t,  il  lAnmm  Chrifli    34.  p.  141. 

De  Nomine  furgatorii. 

(a)  Cend\oi{ui  parte fecunda  (ett.e.p.70. 
Tom.  *. 

( b)  Velum.  2.  in  l  Cor.  c.j,p.  9U 
(cj/.iJ'.-j     Difc.iz:  qu.  4.  rejp.  ad 4. 
(A)  In  Supplem.  quaft.  tf.  art  z.  —  (on- 
clufione. 

fcJTarte  quarta  quafl.   J.  De  Sacram. 
Pznitentiz. 

(  f  )  Parlii  prima  de  univerfo  pars  prima, 
c.  6»,6i,  Ci.p.t+o.   lmpr.  Vcnetiis. 
Cent.  Magdeb.  Cent.  t. p.  J4»- 
Chemnitius  in  Hijloria  Turgatorii.  parte 
prima,     Exammn  Qoticil.  Trideoiini,  p. 
71.  &>■■  Tom.  1. 
1  final,   I.  II. 


?'+ 


Math.  u.  )4. 

Cent.  Magdcb  I.  lib.  z.  e.  4.  p.  S5 1 

MagJcb  Cent.  6.  c,  10.  /.  570 
Cent.*.  (.47-  i!4.< 
Cent.t.  t.  (./>.  164. 
Cent.  »  e.  up  tit. 
Cent.  5>c-  4-  p.  lSl- 
Cent.  n.t.4.f.  214- 
Cent.  11  ''4-  f-  103. 


Defence  ofthe  Apologie  of  the  Church 
of  Engtmd,  p.  jss.  fin.  2. 


lii.    De  Ex:c!lcntia    hominis 
44-  4J. 


ztf  Commentary  upon  Fortescue. 

tber    will  acknowledge,  and  I  'according  to  her  Declaration  of  the  truth  therein  - 
but  Purgatory  in  the  Rontifh  fenfe,  for  a  thud  place  between  Heaven  and  Hell,  and 
for  a  detinue  of  thofc  that  depart  hence  between  the  joyesof  Heaven  and  the  torments 
of  Hell-,  this  I  cannot  underlland  :  for  our  Lord,  who  knew  all  things,    delivering 
it  fo  plainly,  Come  jee  bleffed  Children  of  my  Father  inherit  the  Kingdom  prepared  for 
■you  from  the  beginning  of  the  fV»rld  ;    and,  Go  jee  cur  fed  into  Hell- fire  prepared  fir  the 
Devil  and  his  Angels  :    Nor  in  the  Apoftles  dayes  is  any  mention 
made  of  Purgatory.     I  fay,  thefe  being  the  oneiy  two*  States  after 
life  by  him  mentioned,  the  third  is  by  mefufpefted,    in  their  fenfe, 
for  an  invention  of  fubdety,  to  trepan  the  world  into  a  purchafeof 
Pardons  and  lndulgencyes  •  and  with  the  Gain  thereof  to  fupport 
the  State  of  that  Papal  Hierarchy,  as  well  in  the  Head  of  it,  the  Pope, 
as  in  the  Toes  of  it,  the  Priefts^  both  which  rinde  a  great  advantage 
from  this  Doftrine,  and  the  popular  Aflent  to  it:     for,  As  the 
Cafe  now  flandeth,  faith  our  incomparable  "jewel,  and  as  mofi  men 
thinly,  the  Pope  could  be  contented  to  lofe  both  Heaven  and  Hell  to 
fave  his  Purgatory.    Waving  then  the  belief  of  the  place,  there  is 
no  caufe  to  write  much  on  the  Cruciant  animas  non  beni  Angels  fed  malt.    For  though 
I  yield  the  fouls  ©f  evil  men  have  a  cruciation  wherein  their  fouls  really  are  tormented, 
poena damni&  poena  fenfus,  both  in  the  lofs  of  God's  vifion,  and  in  the  fenfe  of  ir> 
exprefllble  terrours,   and  intolerable   and  unendable  torments  •    yet  can  I  not  fee 
grtWnd  to  believe  the  fouls  of  holy  men,  who  are  the  purchafe  of 
C&W/?'sbloud,  fhould  be  deprived  ofthe  felicity,  that  is  the  fruit 
of  it,  one  moment  after  their  diffolntion  .-    nor  would  our  Lord 
have  faid  to  the  Thief,   This  day  Jhalt  thou  be  with  me  in  Paradife, 
had  there  been  any  interftitiary  State.as  Purgatory  is  made.     In 
the  mean  ^time  if  the  fouls  of  the  godly  are  in  this  life  tormented, 
'tis  by  the  permiffion  of  God  without  which  no  evil , Angels  can  ac- 
cede them  ;  nay,  not  onely  does  God  keep  the  fouls  of  his  under 
his  Sovereignty,  as  that  jewel  in  their  bodyes  which  has  the  ori- 
ency  and  is  the  center  of  reafon,  which  Porphyrins  allows  it  to  have  • 
and  Trifmegifi  tells  us  God  loves,  »$  \<tis  ™«,  as  his  own  if*e,  kvn- 
irio-fju*.  «  attaiyxc^a.  02?,    the  characlcr  and  reprefentation  of  Cod  j 
the  Oracle  of  Apollo,  fwfidk,  part  of  God,  ctmcv  evyyivlvfloy,  and 
fuch  like  expreffions,  which  Phavorinus  has  collected  to  the  fouls 
aggrandization :   I  fay,  God  does  not  onely  refcrve  the  fouls  of 
his  to  himfelf,  as  exemptions  from  evil  Angels,  but  even  the  bodies 
in  which  thefe  fouls  are.  .  For  though  I  know  the  Saints  of  God  are  afflicted  in  this 
world  by  Satan  and  his  Emiffaries,  evil  men,  and  all  the  imaginable  pradtice  of  their 
rage  they,  execute  upon  them  ;    yet  is  this  both  for  the  kinde  and  meaiure  onely  fo  far 
as  God  by  it  appoints  confequencc  of  good  to  his-,  and  therefore  good  men  arc  by 
mortification  and  abnegation,  ernciare  animas  here,  and  then  they  (hall  not  need  the 
Purgatory  that  is  attended  by  evil: Angels.-     nay,  God  that  has 
predeftinatcd  them  to  glory  has  fo  manifefled  his  benignity  to  them, 
that  as  they  have  no  caufe  to  love  him  leffe  then  the  moft  they  can, 
fo  need  they  not  fear  his  gracious  conduct  of  them  (humbly  and  ho- 
lily  demeaning  themfelves)  to  their  eternal  accomplifhment.    Con- 
cerning which 1  Predeftination  to  Glory,  though  much  may  be  wife- 
ly and  .worthily  written,  yet  I  forbear  to  venture  on  it,  the  know- 
ledge of  it  being  too  wonderfull  for  me  •  that  being  my  Rule  which 
Senec a  cites  from  Ariftotle,  That  we  never  ought  to  be  fo  mode fi  in 
any  thing,  as  in  that  which  concerns  the  counfel  and  fecrets  of  God,  which 
this  Predeftination  being,  I  dare  onely  adore  it,  remembring  the 
Sovereign  command  and  counfel  of  Authority,   which  fober  Lay- 
men as  well  as  Clergy-men  ought  to  obferve,  Since  fecret  things 
belong  to  the  Ltrd  our  God,'  but  the  things  revealed  to  us  and  our 
Children. 


H*bent'tmnet  tnim*  cum  de'fitculo'txie- 
rintdiverfu  recepnones  fitts,  bttent  £<"»- 
ii»m  boni  £r  mail  torment*,  fid  cum  fait* 
/Merit  refarreUio,  (?  bonorum  gdudium  am- 
p'iut  erit,  &  m*iornm  torment*  gr*vior*. 
auanda  cum  corpoYe  lorquebtintur*  Sanft. 
Aug.7V«ff.  49. «■  Jehannem,  lege lib.if. 
De  Civirate  Dei.  t.  t 


t\by«{.  Sentent.ro/.  17.  p.225. 
Edit.  Cantabrigix,  231. 


«•  4». 


Aureolus  in  I  Sent.  Difi.  40.  p.  910. 
Alex.  AlenGs. au.  i(,  art.i.  p.isi.} 
Sanitus  Auguftin.  c.  14.  lib.  De  Ptxde- 
ftinar.  &  gratia 
Lib.  i.  Hyponoftic. 


Nmqnun  nut  vereetmdiorei  effe  deterc, 
q»am  cum  de  "Din  etittur,  ft  intromits  ten- 
pit  compofiti.  ft  ad  Skerifds  atceffiui  vul- 
tum  Jttbmitttmttt  togom  ddducimui,  Ji  in 
tntne  argumentum  mtdefli*  fingimxr  tjuanto 
hoc  maps  facer e  debemut  mm  defjderibm  de 
Jlellit  dt  Detrmm  natnr*  dijputatmu.  Nat. 
Quid.  lib.  7.  c.  30. 

His  Majeures  late  Lettet  to  the  Lord 
Atch-Bilhop  of  Canterbury,  to  bejfent 
into  every  Diocels, 


Maligns 


Commentary  upon  Fortes  cue.  31$ 

Maligni  enim  Spiritus  futtt  per  quos  Domintts  in  hoe  mundo  miferis  tribuit  malum 

This  the  Chancellour  proceeds  in  to  fortifie  his  Argument,  That  Executions  are 
convenient  to  be  done  per  igmbiles  ;   and  as  he  in  his  believed  Purgatory  makes  the 
evil  Ai'gcls  to  be  there  the*Tormento;s,  fo  here,  fayes  he,  evil  men  are  the  Plagueis 
ofMankinde.     Now  thefe  evil  Instruments  he  terms  Maligni,  a  word  that  has  Em- 
p  hafts  in  it,  gnus  the  termination  implying  fo  much  as  from  bene  benignus,  from  dign'c 
indignus,  fo  likewife  male  from  malignus,  which  carryes  not  onely  the  fenfe  of  ma- 
lus  which  Critiques  derive  from  70^  debilitavit  or  infirmavit,    as  if  the  evil  repre-         . 
fented  by  it  were  malum  defetlus  onely  •,    in  which  fenfe  Scaliger  tells  us,  Souldiers  fjg.'™'  i0°' 
that  were  cowardly  and  had  not  heart  to  face  and  fight  the  Enemy  were  called  CacuU 
null  tares  from  jgw©-,  whence  rj>{t$jt  is  ufed  in  Authours  for  that  vitium  in  malitia  cum 
awittuHt  lecuminacie,   I  fay,  Malignus  does  not  onely  import  this,  but  alfoafuper- 
added  afperity  and  delight  in  Mifchief  and  Malefaction,  when  men  do  mifchief  mis, 
viribus,  which  Catullus  exprefles  by  mente  maligna  facere  aliquid  -,    Malignus  qui  Epigram.  <j 
4$ cr,  difficiUs,  invUtis-  avarus  eft,  faith  Donatus,  when  men  are  pcevifh  and  ftiort, 
not  to  be  dealt  with  by  dehortation  from  their  touchinefi  •,  for" 
Plinj  ranks  malignum  &  breve  together,  when  men  are  as  barren     z-'i-7c-s°- 
of  good,  as  Soil  is  that  eats  up  all  the  Dung  and  Compoft  that  is  put    miu^  ^^AStmirM  &  mim* 
into  it,and  yet  brings  forth  nothing  but  weeds,  fuch  is  Pliny's  phrafe    f'™*-  Nonius. 
in  maligna  terra  •,  when  I  fay  a  man  is  malignant,  dmaloGenio,  &       imus  ^'4'     '•** 
frava  atque  perversa  voluntate,  then  no  wonder  that  he  is  faid  by 
our  Chancellour  to  be  an  ill  Neighbour,  a  Tormentor  of  mankind  :     4  #*"T  s'n£l'  Sdtm  TT'^"" 

e  •  II    J  i  J  firms,  lAnttli  veri  voxlur  Jihi  On,  au» 

lor  as  Satan  is  called  I  mmelt,  the  McUgnant,  and  we  pray  to  be    pgmjicaiur  ^mgths  fe,nu<,itemr,r«rc  & 

delivered  kin  nmviitii,  from  his  temptations,  becaufe  they  are  the     ^fir™>s*t**miminit,&«*ai. 

effeds  of  his  hatred  and  fubtlety  ^   fo  ought  we  to  deprecate  wicked       ..va^*''   **•* 

men  as  the  Jnftrumcnts  of  punifhment  on  the  World,  for  as  much  as 

die  Inftruments  to  torture,  execute,  anddifpatch  Malefa&ors  are  fuch  as  are  as  bad  as 

thofc  they  difpatch  ^  who  are  therefore  excufed  the  Halter,  that  they  may  ferve  Ju- 

ftice  in  thac  ignoble  and  execrable,  though  necefiary  office,  which  better  principled 

andlcfs  vicious  men  will  not  undertake. 

Natncumdixerit  Bens  3  Reg.  22.  Quit  decipiet  mihi  Ahab?  Malus  erat  Spi- 
ritus  ille  qui  rcsfondit,  Ego  era  Spiritus  mendax  in  ere  omnium  Prephetarum 
ejus. 

This  Scripture  is  brought  in  to  confirm  the  prealledged  Inftances,  not  that  Hifto- 
rically  there  was  any  fuch  conference  between  God  and  any  Spirit,  or  that  really 
any  Spirit  made  fuch  anfwer  to  God;    for  I  humbly  conceive  with  Toftatus,   that  Toftatus .» /«. 
it  was  fdum  Vifio  imaginaria,    whereby   the  facred  Pen- man  introduces  (by  Au-  Qi!*ft-'7- 
thority  from  God)  Ahab  deceived  by  his  own  (in  penal  upon  him  •  and  thereby  the 
juft  judgement  of  God,  for  his  matchlefs  Impiety,  feverely  pafTed'  upon  him:     for 
here  we  are  to  take  in  that  Rule  of  Divines,  Thofe  things  that  are  fpoken  of  God  uv- 
3pai7w;rtt3«f,  are  to  be  xnder/lotd' of  God  a«»xfsww*.     And  whereas  in  the  Text  'tis 
&d,  Quit  decipiet  mihi  Aha&  ?    It  is  not  to  be  underflood  as  if  God  properly  could 
be  the  Authouror  Incouragerof  deceit  qua  fuch,'  for  that  being  the  defect  of  vera- 
city is  inconfiften:  with  his  Attribute  and  Effence  -,  but  then  he  is  faid  to  drcieve  (  with 
reverence  be  it  written)  when  he  does  that  per  effetlum  which  tarns  to  wicked  mens 
difappointmens,  when  he  fruftrates  the  counfels  and  enterprifes  of  their  Wifdom,  takes 
.them  in  their  own  fnare,  and  withdraws  that  prudence  from  them  which  fhould'  ftand 
them  inftcad  to  their  Conduft,  and  the  fortunation  of  their  counfels 5  and  when  he  fuf-  D'^  £rr7w ,. 
fcrs  Satans  implacability  to  exeftuate  againft  them  and  to  work  effectually  upon  them  -,  Z*u.n,m  pt<L» 
for  though  true  it  be,  that  God  does  not  (as  I  humbly  think)  indulge  Satan  more  divin* v'1  &'"* 
power  then  naturally  he  hath,  yet  in  not  giving  him  reftraint  to  that  power,  nor  '„,  Z\  jtftt.Z*' 
men  defence  by  his  graceagainft  it,  Satan  and  his  Inftruments  have  power  of  deceiv-  A.Haienfi«.;«-». 
ing  men  how  potent  and  wifefoever  they  be  :   And  thus  Ahab  comes  to  be  deceived  *' ^" '*' ^"'*' 

by 


$\6  ^Commentary  up  on  Fortescue. 

by  Gods  permiffionofthe  evil  Spirit  to  be  a  deloder  of  his  Prophets,  and  theyofhira,1 
s.  Mains  erat  Spirit us  qui  refptndtt."]  An  evil  Spirit  or  a  Damon  is  here  vifionally 
^•Ai7-«»  merit,  fome  have  been  curious  to  inquire  what  Damon  it  was  ■,  Toftatus  faith  Rabbi 
Solomon  thinks  it  was  the  foul  of  Naboth,  for  the  bloud  of  which  innocent  Subject, 
flain,  this  penal  delufion  and  ruine  on  Ahab  was  brought  •,  but  he  will  not  allow,  as 
1  think  he  has  reafon,  this  conceit  :  Firft,  Becaufe  Naboth  was  a  juft  roan,  and  his 
foul  being  in  Abraham's  bofome  could  not  come  thence  to  deceive  any  one.  Se- 
condly, Becaufe  Nabotbisz  juft  man  died  in  charity,  which  would  be  inconfiftent 
with  tins  revenge  of  his  foul.  Thirdly,  Becaufe  the  fouls  of  good  men  have  no  defire 
to  harm  any  either  good  or  bad,  but  to  benefit  them  the  moft  they  can.  lourthly, 
Becaufe  his  queftion  prefuppofes  a  real  Congregation  of  counfel,  and  yet  the  thingh  ere 
mentioned  was  but  a  Vifio  imaginaria  -,  whofe  foul  then  this  was,  if  a  foul  it  were,  mat- 
ters not  •,  a  Spirit  the  Text  fayes  it  was  and  a  mendacious  one.and  therefore  I  think  the 
Devil,  who  u  [aid  to  be  a  Ljer  from  the  beginning:  And  probably  it  was  that  Damon 
or  Vamones  which  ufed  to  anfwer  Abab's  falfe  Prophets  in  their  Inquiries  of  unlawful! 
things :  This  Oracle  that  they  refted  upon  as  their  flrength  and  {lability,  God  makes 
to  be  their  fedu&ion,  and  that  no:  oncly  to  Ahab,  but  to  him  by  his  fycophanting 
and  Idolatrous  Prophets.  So  it  follows,  Ero  Sfirittis  mendax  in  ore  omnium  Propbeta- 
i  Chnn.it.  i.  rum  ejus,  j  As  Gb'd  fuffers  Satan  himfelf  to  tempt  fome  good  men  for  their  tryall, 
?•*'•  ashedidDrfW,  fob,  fofiuah  the  High-Prieft, and  Peter,  fo  does  he  let  loofe  Satan 

i^ii.}'*1'  on  evil  men  to  bring  to  paffe  his  difpleafure  againft  them  .-  thus  not  onely  by  the  im- 
mediate Accefles  of  Satan  to  them,  but  by  the  mediate  Applications  of  his  inflru- 
ments  no  lefs  prevalent  to  his  ends,  fuch  here  as  the  Prophets  of  Ahab,  men  of  influ- 
ence and  popularity,  of  reputation  and  credit  with  Grcatnefs,  Abab's  bladders  that 
bore  him  up,  his  favourites  on  whofe  brcaft  he  leaned,  and  to  whofe  fidelity  he  im- 
pioufly  attributed  more  then  Kinglyly  he  ought .-  Thefe  Satan  undertakes  to  fuborn 
and  by  thefe  to  make  the  delufion  fJtrong  and  inextricable.  Ero  3  'Tis  not  [urn  or  ejfe 
foffum,  not  /  am  or  1 can  be,  but,  1  will  be  whatever  I  mifchievoufly  have  been  or 
poffibly  can  be  to  draw  a  mift  over  the  eyes  of  Abab's  counfel,  and  to  intenebrate  his 
ProfpecTiintotheconfcqucnceof  thisGinn  of  ruine  to  him;  fo  fatally  will  I  fteep 
my  fnbtlety  to  over-reach  him,  that  whatever  of  extraordinary  Injury  my  long 
experience  and  accurate  malice  enables  me  to,  fhall  be  difcharged  againft  him,  Ero  ■  J 
and  that  unawares  to  him  I  will  be  Spiritus  _)  a  mifchief  fecrct  and  indifcernable,  he 
fhall  not  know  whence  his  bane  arifcth  ;  it  fhall  be  latent  malum  that  fhall  provoke 
him  to  his  ruine-,  Ero  Spiritus  mtndax,~\  he  fhall  account  himfelf  moft  happy  in  that 
counfel  which  fhall  at  once  proftratc  his  life  and  his  glory :  and  this  I  will  do  not  by  any 
Inftruments  but  thofe  unmiftrufted  ones,  his  facred  favourites.  Ore  Prophetarum,  The 
mouth  of  his  Prophets  i]  O  that  is  poyfon  with  a  witnefs  that  comes  wickedly  from  the 
y#r. »,  |t.  mouthes  of  deluding  Prophets,therefore  God  fentenccs  thefe  as  caufers  of  his  people  to 
err .  when  thofe  mouthes  are  not  feafoned  with  fan&ity,  but  have  the  poyfon  of  Afps, 
and  vomit  out  the  myre  and  dirt  of  falfhood  and  fanaticifme,  Princes  and  people  are  in 
danger.  No  times  fo  tragick  as  thofe  are  in  which  fuch  dealbatores  Potentum  are,nor  doe 
any  Leathergies  fo  poffefs  Nations,'as  when  they  are  lull'd  aflecp  by  blinde  Guides  and 
unfeeing  Seers  •,  when  Prophets  are  fools  and  fpiritual  men  are  mad,  then  is  the  Day  of  a 
Nations  Vifitation  ;  Ifrael  found  it  fo  in  Abab's  time,  in  which,  not  onely  one,  but  ail 
of  Abab's  long-robed  Favourites  were  tinftured  with  demonical 
SZfiZS-  Z~tZX»  niendacity,  not  one  of  them  excepted ,  for  fuch  was  the  jWi 
qumioqia  miens  a  tdoHci  fnnt  ad  mp,.     confident  Affirmation  to  God,    That  he  would  be  a  lying  Spirit 

^t%£^^.E'f^1  *J."  *» the  mmh  °fa/l  his  tnfiHi ;  chat  it  feons  to  carry  a  Warrant  to 
Vum  main' pfHi  uia  fcf  Him  »t  wVi„.  our  belief,  that  he  had  taken  Livery  and  Scifon  of  them  tdbe  his 
ftrgat  tr  •mptnfius  or«,  iffi  fnfi.  nee  owtlj  jur4re  in  verba  Magiftri,  to  be  fuch  and  onely  fuch  as  he 
Ci!'*Tho.'M/otuf/?"  in£*fcJZn.  would  have  them,  who  being  himfelf  the  Authour  of  feduction, 
Tafshnii,  p  ii«.  imfrtfi.  Lovan.  u66.     and  the  great  Importer  that  by  his  gulleries  out-wits  this  worlds 

Politicoes,  and  by  his  frauds  deceives,  as  far  as  God  permits  the  pof- 

fibility  of  it,  the  other  Worlds  wife  men,  the  very  Eleir,  according 

Uatth.  i+.  n,.    to  that  of  our  Lord,  which  he  left  his  Church  (in  thofe  Ages  in  which  thefe  feats 

fhoiild  be  a<fted)  as  their  premunitional  caution  againft  them,    and  their  Lcffon  to 

intend  the  defeat  of  them,   which  they  can  no  wayes  better  do  then  by  Faith  in 

God's 


• 


A  Commentary  tip  on  Fortejcue,  pf 

God'j  Power  and  Promifc,  the  Viciorj  of  which  overcomes  the  farld,  and  Sat  An  the 
Prince  and  Arch- Malignant  of  it. 

JV«»  enim  decuit  Spiritum  bonum  exequitalia,   licet  a  Domino  frodiit  judicium  quod 
Ahab  mexdacio  deciferetur. 

Here  our  Text-Mafter  (hews  whence  it  comes  to  pafle,  that  Ahab  was  thas  feduced 
and  that  not  from  a  contingency  or  a  fortuitous  cafualty,  but  from  a  juft  and  fovereign 
preappointment  of  the  penal  aft  of  Juftice  upon  him,  a.  Domino  frodiit  judicium. 
He  that  made  the  World  with  a  word  cm  with  a  word  doewhathepleafethinit;  He 
it  is  that  commands  times  and  feafons,  men  and  Angels,  creatures  and  Elements :  the 
whole  Regiment  of  Nature  is  his,  to  order  and  diforder  it  as  he  pleafcs ;  from  this 
matchlefs  Potentate,  King  of  Kings,  and  Lord  of  Lords,  comes  AhaPs  final  and  fatal 
Period,  a  "Domino  frodiit  judicium  :  and  that  not  onely  that  Prophets  fliould  be  the 
men,  by  a  lye  in  their  mouths,  the  means  of  his  deception  ■,  but  that .  as  God  permitted 
the  thing  to  be  effefted  by  Inftruments  proper  thereto,  fo  did  he  imploy  none  but 
fucb.  tothofeends,  becaufe  *«»  decuit  Spiritum  bonum  talia  exequi.  ]  If  holy  Spi- 
rits cannot  in  refpeft  of  their  purity  and  charity  condefcend  to  thofe  derogatory  Afts 
of  feduftion  and  fraud,  and  fuch  Artifices  muft  be  praftifed  to  effeft  the  punifhment  of  . 
finners  demeritings ;  then  either  thofe  that  are  proper  for  it  muft  do  it,  or  it  muft  not 
be  done,  which  oraillion  not  being  allowable,  for  God's  will  muft  fuccced,  the  dedufti- 
on  will  be,  that  evil  Spirits  muft  be  the  Inftruments  -y  for  the  n»n  decuit  relates  to  the 
nature  of  good  Spirits  which  is  to  do  good,  which  execution  of  puniflhments  qua  punifh- 
ments  and  larfive  to  nature  are  nor,nor  is  it  fuitable  to  the  office  of  good  Spirits(who  are 
tutelarsj  to  keep  off)  not  Executioners  to  intrude  upon  men  perplexities  and  difcom- 
forts.  And  therefore  I  conclude/that  be  the  Damon  never  fo  fmooth.faced  and  beaute- 
ous, let  his  pretences  be  never  fo  faireand  obliging,  let  his  pompous  Infcription  be  Ho- 
Ijnefs  to  the  Lord,  or,  The  Everlafting  Kingdom,  or,  Be  hold  my  Zeal,  let  him  have 
in  his  Banner  the  quinqut  Vulnera  of  our  Saviour,  and  profefs  to  fee  him  upon  his 
Throne-,  yet  all  thefe  are  but  [pit  ndida  mendacia,  butvarnifh.es  of  a  putid  and  dia- 
bolical Villany,  which  can  no  more  excufe  tit  fell  by  thefe  facacious 

trickings  and  meritricious  Ornaments, '  then  Poppaa  Sabina  could  **  t"'1*'  •"»'""  ««£*  **•*  futrmt 
to  the  Age  (he  lived  in,  who  knew  her  to  be  weH-fpokfn,  wktj,  ft-  &%&£%£  ZfiUfc 
nerous,  and  fweet  natured,  defellivc  in  no  natural  perfection,  but  that  dumugmiam.  crdtfrMdau.m*t%ijic*.  u- 
which  it  the  onely  Glorj  of  a  mman,  Chaftitj.  5SLT  *  ''^ 


Aneas  Vicu«,  in 


.  17.  v.  1.  &  JJ» 


Seddicet  Judex  for/an,  Ego  nihil  egi  manibut  meit  iu  cruciatibus'ifiis;  fed  quid 
refertpropriisfaccremantbus,  anfrefentem  ejfe,  0-  quod  faU  urn  t  ft  iter  um  at  que 
iterum  aggravare. 

This  is  well  here  objeftcd,  that  it  might  as  well  be  anfwered;   That  God  weighs 
not  fo  much  the  All  as  the  Motive  and  Principle.    The  Jews  were  the  Cryers-out  for  M**6;  %'A 
Chrijl's  crucifying,  yet  in  as  much  as  the  Scribes  and  Pharifees,  the  Elders  and  Priefts, 
fct  the  people  on  and  by  their  fubtlety  modelled  his  death,  God's  omnifcience  imputes 
to  them  the  malice  of  the  aftual  execution  of  him  •  Vrijah  was  (lain  by  the  hand  of 
the  Enemy,  though  Joab  was  acceffary  becaufe  he  connived  at  the  Plot,which  tended  to 
hismurther,  yet  David  that  willed  and  wotted  it  was  chiefly  tharged  by  God  with  it.   \f™\)\&,' 
Tis  not  enough  .not  to  be  openly  evil,  for  that  may  be  the  Aft  of  Policy  not  Itano- 
cency,  abfeondere  vitia  non  abfeinderc,  as  Ter.tuRian'i  words  are  :    but  he  that  will  have 
a  good  footing,  and  lay  a  clear  Tide  to  God's  Pro  teftion  andBleffing,  muft  be  free 
from  having  any  thing  to  doe  in  evil.      Marcus  Arethufius  gave  the  Rule,  One  Far-  iiJjmittattm 
thing  fubfidiarj  to  wickednefs  beguiles  the  giver  as  much  as  Pounds  to  that  finfullpur-  ftrindtvdctu- 
fofe,   no  porting  it  off  to  overs' when  they  are  what  they  finfullyare  byourAutho-  /*"°«^W 
hty.     If  q»ininvetat  peccare  cumpoffit,  jubct,  what  a  Mountain  of  Impiety  do  they  «»/«r*. 
lie  under,  that  will,  direft,  command,  compell  men  to  evil  Aftions,  and  are  not  fa- 
tisfied  till  they  commit  tbem  •  certainly  God  has  great  reckonings  to  make  with  men 
in  Place  for  this,  becaufe  the  errours  of  all  underlings  will  be  charged  by  God  on  the 

F  f  f  negli- 


31$  A  Corrfhientary  upon  Fortes  cue. 

negligence,  ifnoworfe,  of  Superiors,  who  are  not  onely  to  look,  that  they  ihem- 
felves  are  not  perfonally  evil ,  but  that  no  evil  has  countenance  and  corroboration  from 
their  Authority  ^  allunnghteousnefsaftcdina  Nation,  by  the  Governours  privity, 
is  the  Governours  in  the  account  of  God,   becaufe  God  has  given  them  the  fword, 
and  that  which  is  done  by  the  colour  of  that,  is,  in  God's  account,  done  by  them 
whofe  the  Sword  is  ;   which  if  the  Judges  of  the  World  would  rightly  confider,  they 
would  not  think  they  fhould  be  excufed  by  the  darkes  and  (hades  that  they  abftrufcly 
wrapthcmfelvesup.in,  who  are  the  chief  Engineers  in  that  which  is  torment  to  fonie 
and  temptation  to  mo:  e  :    yea,  were  it  not  that  greatnefs  has  fome  unavoidable  naeves 
and  flaws'  in  it  inconiifient  with  that  durable  peace  and  continual  fcaft  which  nourishes 
an  endlc£  Jubilee  in  the  foul,  wife  and  holy  men  would  not  To  little  feek  it  as  they 
doc  Chun  it-,  andblcfle  God  for  Agur's  Portion,  Food  convenient  for  them',    but 
■^  good  men  knowing  the  corruption  ot  their  hearts,  and  the  dangerous  influence  of 

*K:»,s»+.n.       temptation  in  Greatnefs,  have  as  well  blefled  God  for  the  happinefs  to  dwell  ameng 
3M.xi.  their  own  people,    as,   to  be  buried  in  the  Sepulcher  of  their  Fathers.     Iknowthenum- 

xjrjw/u.M.  ^er  °^  tnc^c  naodeft  unwilling  ones  is  but  fmall,  but  yet  fome  there  are,  and  thofe* 
not  the  leaft  excellent  in  their  Ages  and  Places;  Of  all  the  Fathers  of  the  Church, 
none  merited  more  then '  Athanafius,  yet  no  man  fhunned  Governmens  in  it  more 
shwe's //;#.»?•/ then  he  1  Ofall.thc  Dukes  of  Venice,  none  a  braver  one  then  Contarcni  the  60  Duke, 
v«nicc.  t .  «5.  yCt  jjc  ^j'rjng  t0  j,e  chofen  Duke  left  the  City  on  purpofe  to  avoid  it,  the  Senate  fent 
Letters  to  invite  him  to  the  City,  but  come  he  would  not  till  they  had  chofen  a  Duke, 
at  Iaft  the  Senate  concluded  to  confifcatc  his  Goods,  and  for  ever  banifh  him  the  City 
if  he  came  not  to  the  City,  which  dreadfull  fentence  brought  him  thither,  and  by  hi* 
return  brought  the  Dukedom  with  it  to  him  ;  and  the  reafon  is,  becaufe  Power  does 
engage  men  to  delegate  that  to  others  to  aft,  which  they  mufl  anfwerfor  to  God  as 
the  Commifiionators  of  it .-  for  the  rule  is  good,  Qui  fAcitperaliim,  fait  per  ft. 
And  therefore  the  Chancellour  fayes  in  the  following  words. 

Creda  qr.od  vulntts,  quo  fautiatur  Animus  fudicis  ptnas  hujusmodi  infligentis  nun- 
tjuam  in  cieatricem  veniet. 

Here  the  Chancellour  (hews,  that  in  ju (lice  pronounced  by  a  Judge  has  often  a  Re- 
turn upon  h?m  in  the  difmaleffefts  of  it,  Terrour  and  torment  of  minde,  which  he 
calls  vulnus,  which  is  not  a  light  fuperficial  Tcratch  or  aflirewd  drye  rub  and  bruife, 
but  a  deep  wound  fixed  in  the  quick  which  difcovers  its  laefion  in  emiflion  of  bloud 
and  expiration  of  Spirits  •,   this  is  the  nature  of  a  wound  which  the  guilty  Confcience 
of  a  cruel  Judge  isfaid  to  labour  under  ^   and  afore  torment  it  muft  needs  be,  for 
it  is  faid  fauciare  animam,  which  denotes  fuch  a  galling  as  is  in  the  tender  parts  when 
r»R.uderit.     .  they  are  rawed  and  tortured  with  fcoarges  of  rodds,  fo  Flautus,  Quid  cauf*  eft ,  tjuin 
-iJwu'iiFato  js*.  Virgi*  te  *fy*t  ad  fdturitatem   fauciam  ;     and  Tullj,  Scrvi  nonnuUi  vulneranturt 
ipfe  Rubrius  in  turba  fauciatur ;    from  this  grievous  pain,  which  the  Jews  probably 
learned  from  the  Nasions,  the  torment  of  a  guilty  Confcience  is  metaphorized,  for 
that  it  makes  the  life  of  man  turbid  and  uneafy  by  it,  which  the  Greeks  hinted  in 
that  Adage,  'h  «/wc/W  tiw  4VX,J"  "**#"■      How  thefe  terrours  of  God  in  the 
fouls  of  men  have  airlifted  them,  the  examples  of  Cain,  Manages,  David,  fu- 
cJ'f  «t>TJ(  ^4S'    m^e  appear  in  holy  Writ,  and  the  like  other  stories  afford :     Matter  Fox  his 
upon  TtrftcHtm  ma"ny  Collections  in  his  Martjrologj  to  this  purpofe,  and  were  all  the  inftances  of 
tnd  cimtrmtrs  ./  tne  affrighting  trifticity  of  it  penfhed,    that  notable  one  of  Spira  would  inliverr 
fio^fi'os^Io?'.  tnc  memory  of  them  all  -     nor  are  the  Stories  of  Bonner,  Judge  Morgan,  Thorn- 
ton, Arundel,  with  others,  much  behinde  it ;  but  declare  notably,  that  when  there  is  a 
fanciath  animi,  as  in  thefe  notable  returns  of  God  upon  prefumptu- 
o^n  d,.73«»w  »f« ««  jMreiti.  *>;.  cic.     ous  finning  tbereis,  then  there  is  but  a  black  night  of  horrourand 
f'rufCH]"        ■  d-  id       defpondency  in  the  foul.    Therefore  as  all  men 'are  hence  admoni- 

^r^rZfL'V^Z'cZ.^H^l^r*    fhedtolooktothemfelves,  that  they  provoke  not  God  tochafHfe 
dtrfi*.  nu  mm  aui  feventttis  mt  <•/«-     them  with  thefe  Scorpions,  fo  are  Judges  efpecially,  becaufe  they 

TR&JttZ&Vt  •«  God's  ***»««, and  they  doinii m'^y *"*?£« of ,the 

tni»m,  Buftonus.  &  j.ct.  juit  God,  and  to  his  vituperation  and  fcandal,  arc  by  his  jufi  judge- 

ment, fo  much  the  feverelyer  handled,  as  there  crime  is  more  e- 

normous  : 


Fox.  ^itt. 
Monuments. 
10S4. 


A  Commentary  upon  Fortescui.  319 

normous:  for  this  is  crime »  Ufa  Majefiatis  coeltflis,  finceit  is  facrilcgioufly  to  eri- 
titlethe  juftGodtounjutlfentcnces,  which  indignity  to  him  he  recoyls  in  that  fatal 
judgement  oifetting  men  s  fins  in  order  kefore  their  faces. 

This  is  that  which  makes  the  wound  nunquam  in  cicatricem  venire  ,  J  that  is,  never 
heal;  for  when  a  wound  tends  to  a  fcarr,  which  is  the  fign  of  it  on  the  fuperficies  of 
the  skin,  then  men  reckon  the  fcftery  matter  is  outed  and  all  the  noxiety  removed,  by 
reafon  of  which  nature  clofes  its  orifice  and  (huts  its  mouth  from  craving  further  aid 
from  art,  leaving  onely  the  icarr  as  the  teftimony  of  its  danger  being  over  and  efca- 
ped  •,  but  when  the  Confcience  of  a  prodigious  cruel  finnerhas  got  a  wound  from 
God's  ftroakupon  it,  and  the  fins  of  a  cruel  life,  with  all  the  aggravating  circumftan-' 
ces  are  raarfhalled  and  fet  in  rank  and  file  before  a  man,  then  he  fees  nothing  but  defpair 
and  horrour,  terrours  and  amazements,  fuch  as  Cain  and  Judas  had,  and  fuch  as  all 
bloudy  wretches  lhall  finde  to  their  confirmation  ,  for  God  who  is  good  and  does 
good,  cannot  away  with  evil  men  and  evil  aftions,  but  brings  them  home  upon  the 
A&ors  in  all  the  tragical  fruits  of  them.  Had  Jehu  peace  that  flew  his  Matter  ?  Had 
Bonner  the  comforts  of  God  on  his  death- bed  who  made  Hecatombs  of  Triumph  to  his 
deluded  zeal  with  the  bones  and  bodies  of  burned  Martyrs  i  Had  Benefield,  the  but. 
cherly  Keeper  of  Queen  Elizabeth,  whothirfted  after  nothing  more  then  that  incom- 
parable Ladies  bloud,  and  not  onely  fuborned  Witnefles  againft  her,  but  Joined  with 
others  (  purely  upon  the  account  of  her  being  a  Proteftant)  to  perfwadc  the  Spani- 
ards at  Court,  either  to  difpofe  of  her  abroad  or  rid  her  out  of  the  way  ?  Had  thefe, 
I  lay,  any  comfort,was  their  wound  ever  healed  ?  O  'tis  much  to  be  doubted  they  had 
not  •,  though  Repentance  has  indeed  a  balm  that  can  do  all  that  is  needfull,  and  if  God 
give  it  and  accept  his  gift,  much  may  be  done,  butotherwife  Vclnns  nunc/nam  in  cica- 
tricem  veniet,  and  the  reafon  is,  the  humours  that  poyfon  the  wound  are  not  rectified, 
fweetned  or  diverted,  but  there  is  a  continual  flux  of  them  to  the  malade  part  which 
is  harmed  thereby,  and  ftill  continued  a  wound.    Tor  as  it  followcth. 

Maxime  dum  recolit  acerbitatem  pcenarum  miferi  fie  tffliili. 

Indeed  this  is  God's  terroar  by  which  he  gores  and  batters  wicked  men,  and  by  the 
pelts  and  ramms  of  which  he  forces  open  the  recefles  of  their  fancyed  content,  and  galls 
them  in  their  tender  parts  ■,  fo  that  they  have  their  torture  ever  before,  becaufe  ever 
within  them :  This  was  evident  in  Judas,  who  when  he  rcmembred  'twas  a  Mailer  that 
tfcacberoafly  he  had  betrayed,  and  an  innocent  bloud  that  he  had  contracted  to  fhed 
how  raving  and  perplexed  is  he  ?  fo  that  the  hands,  that  told  the  filver,  tycd  the  halter  * 
by  which  he  hanged  bimfelf:  Famous  to  this  purpofe  isthelloryof  Olivier,  Chancel- 
lour  to-  Henry  the  Second  of  France,  a  fierce  man  he  was  and  had  condemned  certain 
Proteftant  Gentlemen  for  taking  Arms  againft  the  Houfe  of  Guife,  being  inftigated 
thereunto  by  the  Cardinal  of  Lorrain,  fick  the  Chancellour  fell,  and  troubled  in  Con- 
fcience, calling  forth  many  fighs  for  his  unrighteous  fentence,  at  lad  on  a  fudden  he 
skreeked  out  with  a  lamentable  cry,  faying,  0  Cardinal  thou  ivilt  make  us  all  be 
damned. 

The  Confideration  of  which  makes  good  men  wary  not  to  be  Inftruments  of  Injury 
and  Cruelty.  Whatever  a  Souldier  parts  with  he  fliould  not  with  his  A  rms,  but  if  he 
haveby  cowardice  loft  them,  he  ought  with  Catt's  Son  to  enter  thethickeft  ftrength 
and  menaring'ft  ftorm  of  the  Enemy  to  recover  them  .-  and-fo  a  good  Chriftian,  what- 
ever he  be  forced  from,fhould  not  be  from  his  integrity,  and  from  a  calm  and  peaceable 
Confcience,v  which  they  cannot  have  that  are  delighted  in  envy,  malice,  and  mifchief 
to  all  bat  their  own  party.  Remember  this  all  yee  that  preferr  this  world  before  your 
Confciences,  and  to  pleafe  a  pafllon  break  out  againft  Innocence,  who  care  not  who 
fink  fo  yee  fwim,  nor  who  is  your  foot-flool  fo  you  mount  the  Bucephalus' s  of  your 
Ambition  -,  Remember  this  yee  that  ride  Poll,  and  fwitch  and  fpur  to  reach  the  Ba- 
bels  of  your  Contrivance,  though  the  Cry  of  the  opprefled,  and  the  Groans  of  the 
famifhed  poor  be  in  the  ftone  mortar  (and  materials  of  your  Superftruclure  •,  Nor, 
O  unhappy  men,  your  Counfcl  but  God's  lhall  Hand  -,  Sir  Garret  Triers  found 
it  fo,  he,  for  a  Grave-fhip  promifed  him  by  the  Spanifb  Regent,  undertook  the 
deftru&on  of  the  ProteQant  Profelfors  in  Flanders ,  bat  God  ftruck  him  with  fnen 

T  ff  2  a 


Fox.  *A8i  & 
Mtnumnti.  f. 

1112. 


Scutum  rcliquifit 
frdafttum  ffagin- 
Hm,  ate  tut  facr't 
ndtjjc  tut  concili- 
um tnirc  ignommi* 
cfofnt.  Taci'.  Do 
Monb.  Gcrma 
not. 


mtntltf.  II 01.' 


1» 


lAiuu  1 57'- 
DinotUus lik.  1. 
De  bcllo  civili, 
p.  io».  l»». 


Shute's  «i/firr  0/ 
Venice,  f.  i»j. 


Dinothus  //*.  3 . 
De.bello  Belgi- 
co  civili.  f.  i»«. 


^Commentary  «pow  Fortescue. 

a  blow  as  left  liim  dead  in  hit  bed  as  he  was  juft  entring  upon  it,  which,  mcthinks, 
(hould  make  men  ftudy  in  all  their  advantages  and  actions,  moderation  and  temper 
to  exprefs  their  worth  by ;  which  John  of  Aujlria  not  kenning,  in  eight  hours  caufed 
the  death  of  14000.  Citizens  of*  Antwerp,  who  were  put  tothe  Sword,  and  above 
3000.  periflied  in  endeavouring  efcape,  together  with  the  lofs  of  the  City  to 
the  value  of  three  Millions,  bef  des  all  the  warrs  and  cruelties  on  the  Belgick.  Provin- 
ces which  were  meerly  in  hate  to  the  Natives,  and  to  introduce  the  Inquifition  there 
contrary  to  the  Lawes  oftheCountry.  Forwhen  all  thepudder  they  that  arcfierce- 
efl  have  made  comes  to  the  moment  of  death,  then  they  will  be  forctd  to  ky  to  their 
iiercenefses,  /  have  no  pleafure  in  thim  •,  then  the  memory  of  one  coed  deed  done  cha- 
ritably and  pioufly,  will  be  more  refedioral  then  all  their  fuperb  huffs  ard  ranting  pi- 
tileflhefses :  yea  in  this  worlds  account  'twill  appear  in  the  iffue  rccft  piudercc  to  be 
milde  and  kinde,  where  men  may  doe  it  without  In  juiy  to  Juftice  ard  Order.  'Twas 
a  very  memorable  moderation  the  Venetians  expreffed  to  the  Zaratins  who  had  feven 
times  revolted  from  the  Venetians,  ard  in  all  thofe  revolts  been  reduced  by  (harp  ard 
terrible  warrs  ■,  yet  for  all  that  did  rot  the  State  rare  or  fack  the  City, '  though  deli- 
vered unto  their  mercy,  but  put  anew  Governour  into  it,  ard  the  chief  Authours  of 
the  feventh  Rebellion  were  for  ever  banifhed  the  City  ;  this  was  the  1/cihcd  of  that 
Wife  State  :  of  a  good  temper  was  that  f;rr.ous  Reqtiftnius,  ere  of  the  valiant  ard 
noble  Governours  of  the  Kirg  of  Spain's'inihe  low  Ccunuyes,  who  ten  irg  thi- 
ther found  it  all  in  a  flame  ,  yet  He,  though  a  valiant  and  expert  Sonldier,  vat  a  le- 
ver tf  peace,  grave  rather  then  Jtvtre,  and  mere  fltdjed  the  publicly  fett/mrnt  then 
hit  own  glorj  ;  this  made  feme  airy  perfons  detract  from  him .-  but  Cod  fo  honoured 
his  bravery  of  minde,  that  he  ever  had  the  better  of  all  his  oppofites  ■,  ard  moderately 
ufed  the  advantages  he  had  to  fhame  their  enmity  ard  not  to  ruine  them  for  it.  This 
was  the  praife  of  that  Grandee,  and  the  contrary  had  rot  onely  loft  him  the  Inflre  of 
that  glory,  but  engaged  him  in  that  internal  torture,  that  the  memory  of  truculent 
and  barbarous  actions  infelicitate  their  actors  by,  whofe  confeience  is  never  healed  but 
continually  terrifies  them,  maxim  t  dum  rcctlit  acerbitatem panarum,  &c. 


Invent  *fmtp*R  « 
&  ctnventhnes  ut 
alium  obligemus 
ad    dandunt  vtl 
faciendum  quitipi- 
*m.  Tholoffan. 
Iik.u.  c.-j.  1. 
£>*.2we.t.f.407. 
Srafton/ii>.j.c.i. 


CHAP.    XXIII. 

Praterea,  fi  excantraUibus,iHatisve  injuriis,  vel  httreditatu  titulo,  jus  accrevtrit 
komini  agtndi  in  judicio,  fi  tefies  nenfuerint,  velfi  qui  fuerint  mtriantur,  Juccum- 
bet  ipfe  agens  in  caufa  ftta,  nifi  jus  fuum  prebare  valcat  inevitabilibus  cenjeftttris, 
quod  facer c  crebro  non  ctntingit.    &c. 

HEre  the  Chancellour  offers  fomething  in  feeming  extenuation  of  the  Proceedings 
of  theCivil  Law  in  Cafes  of  Contract,  Reparation  of  Injury,  or  Title  of  Inhe- 
ritance,  which  are  three  chief  Subjects  on  which  the  juflice  of  any  National  Law  ought 
to  work  i  and  the  main  Argument  he  brings  hereto  is,  the  neceflary  preferce  and 
teftimony  of  Witneffes  tothe  maintenance  of  thofe  Actions  and  the  recovery  of  right 
by  them,  which  he  would  make,  as  it  may  happen,  defective  to  that  end  that  Lawes  are 
made,  fus  unicuique  tribuere.  This  is  the  fumm  of  this  Chapter,  which  1  fhall  no  fur- 
ther write  upon,  thentofhew  that  in  thefc  Cafes  Witneffes  are  required,  and  with- 
out them,  by  that  Law,  no  Action  lyes  fo  as  to  be  recovered  upon  it. 

Ex  ContraBibus.  ~}  Contracts  are  the  firft  of  the  Ternary,  ard  masters  of  capaciouf- 
nefsthey  prove,andin  the  ordinary  notion  we  account  them  thofe  Accords  and  Agree- 
ments of  men  upon  which  Actions  for  mm- performance  of  them  valuably  arife  ■,  Brant 
namque  A&ioncs  prafcripta  verborum  agendi  formula  pro  natura  cttjusqnc  negotii,  fay  the 
Civilians ,  hence  is  it  that  becaufe  man  is  a  locinble  creature  and  lives  in  the  light  of  his 
reafon,  turning  and  winding  things  to  hispolitick  accommodation,  which  ist he  Principle 
of  contract,the  Lawes  of  Nations  allow  him  his  jus  profequendi  injudicio  quodpbi  debt  tar, 
which  if  he  rightly  manage  and  punctually  obferves,  he  cannot  fail  of  the  Lawes  equity 
in  them.  Thefe  Contracts  then,  to  difcourfe  at  large  of,  would  be  the  work  of  a  life, 
for  there  is  no  end  of  them  fincc  they  take  in  not  onely  thofe  of  K'erthardife,  tut  even 

of 


I.. 


A  Commentary  upn  Fortescue.  321 

of  Oeconomy  and  Martialnefsj  hence  is  die  Agreement  of  two  to  be  man  and  wife  called 

Contract  of  Marriage,  of  Matter  and  Servant,  a  Contract  for  fervice  and  wages  : 

yea  the  Miliary  art  hath  its  Contracts  too,   as  appears  by  thofe  mutualities  of  accord     . 

that  were  ever  between  the  Souldiers  and  their  Leaders,  to  which  the  Apoilleis 

thought,  and  that  not  improbably  ,tp  allude  in  thofe  words,  I  hear  in  my  body,  %\y(Mi.Ts, 

the  marks  of  the  Lord  Jefus  ,  which  Phrafe  is  borrowed,  as  I  nip-        ,  ■'".  •      -.  ± 

pofe,  from  thofe  military  Compacts  that  were  of  old,  when  Cap-     2w>f*f  «  »ti    n^  o&mm  h 

tains  put  on  their  Souldiers  faces  or  hands,  their  Brands  or  Stamps    "£*.  "'^  ff«  ™  <*>p«1©-» 

ofdignofter.ee,  and  without  this  they  were  nolawfull  Souldiers:     ^nus  Medicus  ^Lipfium, 

fo  to^this  day  all  Souldiers  either  are  entertained  by  Indenture,  or     De  Militl«  R<>i"*na,    lib  - 

entry  on  the  Band-roll,  and  have  the  Colours  of  their  Regiment  as     P*  4?« 

the  Badge  of  theii-  Contract  with  their  Chieftain  to  do  him  fervice    graftori  /;£.  ,    tjc  Actioni- 

according  to  the  Laws  of  Warr,  and  the  performance  of  his  promifed     bus.  f#  2< 

pay  ;  for  reciprocation  is  abfolutely  ncceflary  in  Gontra&s,  and 

where  the  perfons  that  contract  are  not  fit  and  proper,  Contracts     m>»  ■»«'«  iman  *$  um  damis  ?«,™ 

are  infignificant,  but  if  fuch  they  be  as  they  ought,  they  are  actio-     "£■*  7™m"  "»"fif>  & 

t>  '      1  r  c   V.  J  r   11/-11     l  »•'«»»«  "*d*  "um  donatio  &  paeho  mn 

name  to  procure  the  performance  or  them,    and  not  to  lullnll  them     Migm.  **  fikm  *n**m  >««  d,n. 
istodoeinjurioufly  ■,  and  that  the  Text  fayes  the  Law  does  allow  an    """'  "emiib.  x.  c  5.ab.  j.c.i. 
Action  for.-    lo  are  the  words,  notonely  fiexCentratlibus,  but 
iHatisvi  Injuriis.  ] 

JUat'wOt  Injuris.']  So  the  old  and  true  Text  is,  the  later,  ifltfisve  Injuriis,  is  cor- 
rupt j  for  the  Chancellour's  intent  is  to  fhew  that  the  Law  being  ars  eyei  &  boni, 
looks  upon  all  departure  from  it  as  wander,  and  all  meafure  befide  it  as  Injury,  tjuic- 
qtridtKtm  nonjurc  fit  injufte  fit.    Now  Injuries  within  the  Text  are  chiefly  thofe  vi- 
olences and  uncharitable  Actions  which  flow  from  an  ill  will  and  apravity  ofprinci-  f^'j^*","^' 
pie,  which  becaufe  it  appears  in  fome  fignal  violation  of  fecial  kindnefs  and  politick  m*ufic'J."f!vf- 
order,  is  made  to  intitle  the  Magiftrate  to  not  oncly  fee  the  Law  executed  upon  it,  bnt  ft<m''• '   '■  »• 
to  inteipret  it  a  ftroke  of  Malice  ( though  at  a  diftance  at  him.  )  And  therefore  is  it  ^ttaoniib. }. 
thatinTeefpafles,  Aflaults,  and  Batteries,  the  Declaration  is  xi&armis,  theTref-  m-M«»- 
pafler,  &e.  did  doc  what  he  did  •,  becaufe  injury  perfifted  in,  and  not  fatisficd  for,  is 
inchoate  Rebellion,  or  a  defiance  of  the  Cuftcs  Rtgni  &  Legum,  which  aggravates 
the  guilt :     fo  the  Remans  accounted  fmall  offences,  which  {imply  were  nuramarily 
penal,  to  become  in  their  repetition  capital;  and  Ltpfius  gives  the 

reafon,  Becaufe  thrice  to  re  ft  at  a  fault  is  to  reproach  the  Law  of    £ffd  '**""  F*™  '»£'»•»  tmfitmt  &  /«• 
which  it  is  a  breach,  and  to  dare  it  to  feveritj  againft  fuch  a  blufb-     TtS^tf'^^n 
left  effrontery.    By  this  then  it  appears,  that  Injuries  are  the  warps    «»"»/««>»  iH<uim»mq»e  iigit  {*«««». 
ofman,fcduccdirom  his  primzve  rectitude,  anda  recefs  from  cha-    ',bi  DeMilit-  «-<""•  /-•»«• 
rityand  right eoufnefi,  which  is  the  onely  noble  endowment  of  hu- 
mane Nature  :    the  pronenefs  to  decline  which,  through  the  preva-     £a<*'$'8»  tu*  »»«  ;*pt»it  of«n»«». 
lence  ot  paltion  regnant  in  us,  and  the  fruit  ot  S*tan  s  influence  on    ,„„,„,  tmnui*.  „«  frmm  «mmmi,.r 
us,   whereby  our  wills,  wonn  by  him  to  a  delight  in  unrighteouf-     "f"x  *$'&•  f*r*nti.  Button,  w.  3. 
nek,  does  that  to  another  which  is  againft  Jufticj:  and  that  civil     c"f'2' 
right,  which  God  and  Nature  has  verted  in  men,    is  that  which 
is  termed  Injury:    to  avoid  which,  LeXVis  the  Hungarian  King  being  comedown 
into  Italj  with  great  forces  againft  the  State  of  Venice,  (  who  were  fo  weakned 
by  a  Plague  that  they  were  forced  to  declare,   That  whofoever  would cme  to  them,  after  J£  "?"9}°f 
Wo  years  abode  there,  [bould  be   accounted  a  Citizen)   and  being  informed  of  the 
Act  of  God^caufal  of  their  diftrefs,  ardapplyed  to  withintreaty  not  to  take  ad- 
vantage of  it,  condefcended  fo  far  as  to  promife  them,  that  during  their  Adver- 
fity  be  would  make  none  attempt  againft  them,  which  was  a  great  Command  of  him-  SymaSm.  Juri* 
felf-  and  which  had  be  not  done,  he  would,  in  my  mindc  have  been  injurious :  but  univcrlr.  /»'*.  3s. 
enough  of  him  and  ot  Injuries,  for  which  there  is  remedy  appointed  in  all  Lawes  acoor-  geinjariii  *• 
ding  to  right  reafon  as  Tholo{fanns  abundantly  makes  good.  °"'    . 

Til  Hareditas  Titulo.  ]  This  is  Title  of  Land,  that  which  is  pa-  Hsndka  <n)  fi,c«f,i»  in  w*v#ftm  ,*, 
trimonial  and  fucceftive,  donative  or  teflamental,  acquifitive  or  *imd  i<f",am  **<"€» >>*t*it  e*  ^««r,. 
emptional,  of  this  Sraiicn  treats:    this  the  learned  called  and-    Wt^tSktSSS-* 

ently 


yiz         A  Commentary  upon  Fortescue. 


Tholoff.  Srmag. 
Juris  lib.  It.cj. 


Tholoff.  Syntag. 
Juris.  •£>»  iKqw- 
endu    vtt     *mit- 
rnia  Htrtiit. 
Ilk  4<. 
/fandeft. 


Sclden's  "Uttes  on 

Tholoff.  Sjrntag.. 
Juris  univerfi. 
W.47.  «.II. 


emly  x>«ff0-,  though  fince  that  term  is  reftrained  to  the  Tatrimonium  Crurifixi,  thofe 
that  are  God's  Portion,  Evangelick  Levitest  as  I  may  fo  fay,  who  are  there  by  in  their 
Order  underftood,  but  more  ordinarily  Inheritance;     Hareditas^  was  that  which 
was  the  Portion  of  the  Children  of  the  defuntt  PoffelTor,  which  were  termed  Hordes 
neceffarii,  and  to^whom  it  came  by  the  Law  of  the  twelve  Tables,  five  vellent  five 
nollent:     after  thefe  the  next  of  the  Bloud,  or  fuchas  by  Will  they  would  appoint, 
whereof  the  Civil  Law  gives  us  much  Learning  everywhere  in  the  body  of  it,  and 
in  the  Do&ors  upon  it.      Now  in  all  thefe  Cafes  either  of  Contracts,  Injuries,  or  In- 
heritance, the  Lawes  Civil  requiring  lawful  WitnefTes  both  for  Nature  and  Number, 
or  fuch  prevalent  con  je&ures  as  are  Tantamounts,  doe  but  what,.  I  hnmbly  cQnteive, 
is  rationall,  religious,  and  worthy  them,    and  thereupon  I  conceive  them  juftifiable  in 
fo  doing;    nor  can  they  well  be  faid  deficereinjuftkia,  becaufe  they  do  require  that 
which  is  for  the  moft  part  haveable  if  the  Caufe  be  juft,  and  if  a  juft  caufe  once  in  an 
Age  fink  for  want  of  it  upon  the  Aft  of  God  who  calls  the  WitnefTes  away  before  they 
have  given  their  teftimony,  the  Law  is  not  to  be  charged  for  that  it  could  not  provide 
againft,  for  God  is  to  do  with  his  Creature  what  he  pleafes  whofe  he  is ;  but  rather 
the  Law  is  to  be  juftified  which  wifely  provides  for  WitnefTes  to  be  examined  in  perpe- 
tuam  rti  memoriam  :     and  the  Parties,  whom  the  want  of  Witneffes  moft  prejudices 
are  to  be  blamed  for  omitting  the  indulged  opportunity,  the  rule  of  Law  being,  Qur- 
rit  temfus  contra,  di  fides  &ft*i  temforis  contemf  tores.     A  nd  if  Lawes  ftiould  be  branded 
asdcfc&uousinpoint  of  Juftice  for  what  thus  may  happen,  no  humane  Law  ever  was 
or  ever  will  be  juft  •,   for  as  there  may  be  fome  high  Tides  and  ftrong  windes  that 
may  force  a  breach  upon  the  beft  Walls  and  Mounds  of  art  imaginable,  fo  may  there 
alfo  be  fome  caftuomiffi  which  may  be  too  extraordinary  for  ordinary  Rules  and  Pro- 
vifions  to  remedy  .•    nay  the  Common  Law  it  felf  will  be  in  moft  Cafes  thus  defc&ive, 
fince  in  moft,  or  all  Cafes,  Witneffes  are  neceffary,  and  that  heretofore  in  the  beginning 
of  ever]  AHionfi.ni  if  WitnefTes  fail  before  a  Tryal  come.the  fait  were  as  good  not  pro- 
ceed as  fall  for  want  of  Proof ;  fo  that  with  favour  to  my  learned  Mafter,the  Civil  Law 
in  requiring  witneffes  or  inevitable  Conjectures  .without  which  it  judicially  determines 
no  Aftion,does  but  what  is  juft ;  and  may  be  faid,  timcuitjue  auodfunm  efi  tritucre fince 
that  which  is  not  made  out  by  witnefs  or  prefumptions  of  equivalency  thereunto,  is  as 
if  it  were  not  at  all  any  thing  above  a  bare  allegation .  the  rule  of  Law  being  to  proceed 
to  judgement,  fecundnm  allegata  &  probata.  And  fo  I  end  this  Chapter. 


CHAP.    XXIV. 

RegMHtn  hng\ixperComitattts,  nt  RcgrtHmVtzntix  per  Ballivatus  diflinguitur, 

THefe  words  are  initial  to  what  is  of  materiality  in  this  Chapter,  and  thereupon 
1  begin  with  them,  the  preceding  Claufcs  being  onely  "matter  of  form  and  tran- 
fitional  coherence  to  maintain  the  continuity  of  the  difcourfc  -,  which,  though  it  be 
very  comely,  and  proper  to  difplay  the  venuft  proportion  of  this  Creature  of  the 
Chancellour's,  which  he  bimfelf  could  not  but  love  (beeaufe  'twas  his  own,  and  fo 
like  his  learned  and  pious  minde  wherein  it  was  formed,  and  I  cannot  but  admire 
for  his  fake  ;  whomtoferve  I  have  herein  fpent  fome  pains,  and  through  the  good- 
nefsof  God  I  hope  not  unprofitably , )  yet  do  I  not  think  thofe  things  that  are  fo  or- 
dinary as  Prefaces  and  Flowers  of  Oratory  are,  fit  to  feife  me  from  perfuance  of  more 
ponderous  paffages,  therefore  proceed  I  to  thefe  words,  Regnnm  Anglia?  per  Co; 
mitaths,  &c. 

Regnnm,  Anglise.  j  This  is  the  Subject,  a  noble 'and  Imperial  one ;  but  of  it  be- 
eaufe I  have  written  in  the  Notes  on  the  feventeenth  Chapter,  and  fhall  farther  in 
thofe  on  the  twenty  nineth  Chapter,  I  forbear  here  :  onely  all  men  arc  to  know,  that 
England  was  ever  a  Monarchy  and  Imperial  Crown,  and  though  in  regard  of  the 
Community  of  its  Subjefts,  whofe  goods  in  all  the  latitnde  of  felicity  wasaimedat  by 
%&i%.t.c.t.  the  juft  Monarchs  and  Lawes  ©fit,  the  name  Common-wealth  has  been  given  it :   fo 

.Star. 


A  Commentary  upon  Fortescuei  325 

Star.  3  farck  c.5.  2&3  E  C.c.n.i  8c  2  P.  8c  M.c.\.  21  H.  8.  ci  6.  yet  that  Name,  **M-  cook  ,„ 

in  contradiction  to  Imperial  Crown,  Wonarchy.State  and  Kingdom^  was  never  allowed  I,ttle  °>  ?■■"• 

here,  nor  attempted  in  any  Change  till  the  year  1 649,  when  by  an  Ordinance  it  was,  jh4j  ,*4S),  Sco. 

as  far  as  Goi  permitted  that  firange  Engine  to  operate,  new  modelled  and  named  a  beIs  coiieft. 

Common  wealth.or  Free  State  ;  but  as  ab  Initio  tun  fait  fie, (o  blcfled  be  God  now  it  is  '" 27/>"  3°" 

notfuchina  fenfe  ofoppofition  to  its  Sovereign,  but  loyally  returned  to,  and  enjoyed  The  Authors 

by  Him  :  Whom,  God  preferve  long,  our  Gracious  frttettor  And  Great  Encour tiger  in  frayer 
virtue,  and  it  whom,  God  preferve  us  Chriftianlj  fubjiil  And  Englifbly  loyall. 

Per  Ccn  itatus. }  This  is  the  Predicate  what  the  Kingdom  is  in  its  politick  Scheme, 
to  wit;  a  Pack  of  Shires  or  partitions  of  Government  for  the  more  appofite  and  or-  shy  re,^  share 
derly  regulation  oi  them  andof  the  whole  Ifland  in  them  ;  now  the  main  and  fuperi-  vowel. £</»>>. 
our  parts  of  this  Divifion  is  called  Comitattu,  poflibly  becaufe  it  contained  a  Circuit  of  f""s'J*H'  '* 
ground  and  people  which  was  under  the  charge,  Cafaris  Comitattu,  of  fome  one  that 
was  of  its  Kings  and  Matters  near  Attendants  and  bofom-  friends,  who  was  Companion  J"™'?^^ 
of  his  Warr  and  of  his  peace  .•  into  this  Model  of  Counties,  Alfreds  faidtocait  En-  "•  ccmiumi  fri. 
jrW  about  the  year  871.  and  as  Dutchies  were  the  Charges  of  Dukes,   and  thence  ™'<Z"'*'i"ui 
.  took  their  Names,  fo  Counties  pf  Earls  who  prefided  them-,  it  being  ufual  with  An-  Phus.''    "8 
tiquiry  to  honour  every  Dignity  with  fomwhat  of  truft  Martial,  or  if  not  with  the  Gloff 4<i  v"m 
thing,  yet  at  leaft "with  the  Name,  as  Sir  Henry  Sfelman,  and  V.z&cr  Camb den  with  ctmbien  Bivi. 
others  aflure  us  by  moft  clear  Authority.    Comitattis  then  being  the  name  of  Offices  /«">/Biiuin. 
bad  various  Accep:ions,   of  old  it  Signified  the  Senates  Imferatoris  demeftictts,  as  we 
may  fay,  The  Court  of  the  King's  Houfe  ■,    after,  they  were  extended  to  that  we  call 
the  1  County  Court,  which  is  the  Court  of  the  Earl  or  Count,  now  the  Sheriff  who  *•*■*•'  •»*• 
hath  the  CuTtody  of  the  County.    Thefe  Charges  are  alfo  called  Shires  from  fcype  the  *•        ',,,,,: 
Saxon  word,  to  part  or  divide,  becaufe  they  are  thofe  limits  and  bounds  of  ground 
wbicbour  Anceftors,    from  the  Germans,  learned  to  model  Government  into,  for  its 
more  fecure  and  expedite  carrying  on.  The  Number  of  thefe  of  old,faith  Ur.Cambdtn,  c»mbden*s  Btt- 
were  accounted  by  fome  34,  or  3$.  but  at  this  day  are  reckoned  at  40.  and  13  in  «"■{••  *N&» 
Wales  fetled  in  Henry  the  Eight's  time,  as  appears  by  the  Statute  27  H.  8.  c.  6.  &  voweit'u&r.j! 
34H-o\c  26.  though  Sir  Edward  Ccrfejnakes  4 1  Counties  and  12  in  wales.  And  with-  Btir.p.isi. 
in  fome  of  thefe  is  every  part  of  England,   It  ant  non  fit  loctuin  Anglia,  qui  mn  fit  ^w'p'i^T' 
infra  corpm  Comitattu.  ]  For  becaufe  ever)'  County  is  under  fome  Sheriff  who  has 
tbeCufiodyofitin  times  of  Peace,  (  as  the  Come  /anciently  had  In  Warr,  and  as  our 
Lord-Licvtenants  at  this  day  fecm  to  have)  and  who  is  refponfible  for  every  legal 
judgement  to  be  executed  in  it  ■,  therefore  is  every  place  in  England  under  and  within 
the  Precinct  of  fome  County  -,  ye*  though  a  priviledged  place  it  be,  yet  is  it  within  the 
body  of  fome  County,  though  it  may  have  a  fpecial  Officer  to  whom  the  difpatch  of 
judicial  matters  belong?.    The  Confederation  of  which  was  the  caufe  that  made  the 
Iflcofff»^fotobedeclaredintheSatuteof4  H.  7.  c.  16.  tobepartofthe  Countyof 
Southampton  •  for  that  it  being  a  rich  Neck  of  Land  and  having  many  Inhabitants  in  it, 
as  it  nrish:.  have  the  Priviledges  and  freedoms,  fo  alfo  fhould  pay  the  Duties  and  Ser- 
vice to  the  T.awes  that  other  parts  of  England  doth. 

So  then  by  all  this  it  appears,  that  as  France  was  divided  into  Baylywickj,y:her\,  I 
think,  the  Capets  reigned  in  France,  which  is  but  the  fame*  Charge  under  another  *i  Cook  en  t,t: 
name-,  Ballivm  coming  from  BaiUar  trader  tycommittert,  and  a  Bayliff  being  nothing  ti'cton.f.itt.*. 
butaCommiffiry  to  execute  anothers  pleafure^  iq  which  fenfe  we  read  of  Ballivtu       ff     •    nU 
Prtviniales,   BaBivtu  ^Francix,  B.tliivus  Libcrtatti,   BaBivus   Burgorum,  BaBivus  xallivm- 
Manerii,  au&^BaMvi  Vicecomitis,  of  which Sir  Hnry  Spelmanhyes,  Hoe  iUudhomi- 
Kxmgen-rej},  &c.    Thir  is  that  fort  of  Bajltfs,  th.it  while  they  torture  and  catchfole 
men,  do  fo  difljomur  the  Name  of  Baylif,  that  all  the  honourable  Notion  of  it  is  by  the 
Infamy  of  the ft  gayliffs  Errand  dtfgraced .-    I  fay,  when  we 'read  of  Bayliffs,  I  mean 
ChiefOnes.    we  read  but  the  Name  of  the  fame  Office,  and  Officer  with  our  Sheriff, 
whofe  Office  is  termed  Ba'*  iva  moft  frequently  -  fo  that  the  fenfe  of  the  Text  is,    As  1  inftit. •» tie- 
there  is  in  Franct  no  place  but  is  under  fome  Baylywicl^ot  other,  fo  neither  is  there  ti«on./.«i.i: 
in  England  any  place  but  is  within  fome  County  or  other. 

Comitatus  quoijut  dviduntur  in  Hnndreda  qua  alibi  Wapentachia  nnncupantur. 

As 


314,         A  Commentary  upon  Fcrtescue. 

voweiv  x.f*rt.  As  Counties  were  Lunches  out  of  the  whole  Loaf  of  Land,  fo  Hundreds  or  Wa- 
5»n2T*.  Penta^es  are  Morfels  from  them  ■,  now  though  thefe  are  differently  named/yet  are  they 
/««-ll.  s»nm  really  the  fame,  for  theLawes  of  Saint  Edward  revived  by  the  Conquer  our  fay  fo 
HMiiedi"'/*  cxPreflely,  £f*»d  Anglivocant  Hundrcdum  fupradiQi  Comiutus  (to  wit,  Warwick, 
Wapmuchiu.  Lincoln,  Nottingham,  Leicefler,  and  Northampton  Shires  )  vocAnt  Wapentacbium ; 
t.  141.  Eat.  and  as  Hundreds  fome  called  them,  becaufe  they  were  the  tenth  part  of  a  County, 
wv!dsetden's  in  which  dwelt  Centum  Pacts  Regit  fidei  juffcret,  (which  I  rather  believe  then  thac 
Natn»tbiT4xt.  random  conjecture  of  Ralph  of  Cheftcr,  who  makes  the  Hundred  to  be  Proiindus 
1  iciiiit,.  1.  c*i.  "*tHm  VHtArum,)  which  is  fo  ridiculous,  that  the  learned  'Knight  fayes  and  that  trucly, 
Liku*.  to.  that  There  is  no  Hundred  thAt  helinoVfesin  England  has  IOO  ViRtges  in  it,  no,  not  one 
««'/""'"u*-  **^»  «>*»J  ire't  ones  have  but  40,  or  30,  others  nit  10,  fome  not  mo,  thus  he.  '  Con- 
""r'^rnvti  +o.  cerning  Hundreds  fee  Malmefburj ,  Dr  <7*/?i/  Anglorum,  p.  24.  jW«fc»'s  Notes  on 
«/J6.ni.i»«r«if.  thisChapter,  Jugulphus,p.s\9^.  Cambden.  Brit.  p.  158.  Cook,  onAf.  Charta,c.  35. 
55t.JJ*iSL    And  of  Hundredors  to  be  returned  on  Juryes  the  Stat,  of  3  5  H.  8.  c.  6. 27  Eli*. .  c.  6. 

make  mention. 
S"  J"'- » '  h.».       wapentachia.  ]  That  this  is  the  fame  with  the  former,  though  otherwife  called,  as  I 

e.  7*  *  C*°1'  navc  written  before  .•  Generally  this  is  acknowledged  to  be  derived  from  tvApnu,  arma, 
Brompton  chrtn.  and  tac,  ta&us  eft,  alluding  to  that  Henoratifftmum  genus  uffenfus  amis  laudare 
5,'ondiia  *'"  which  '  Mafter  Selden  quotes  from  Tacitus,  it  being  ufual  with  them  to  give  Af£ 
Fieu"t.2.c<:.  probation  ih  their  Convents  Military  by  touching  their  Weapons  as  token  of  Af- 
jT<«<,,*thu  fcntj  and  joining  their  utmoft  Power  to  aflert  it.  Amongft  the  Lawesofthe  Con- 
Howde.Annat.  querour  I  hnde  this  recorded,  when  any  new  Governour  or  Judge  of  the  Wapentake 
fmuffni.  p.  firft  came  to  take  his  Charge,  he  called  together  all  the  chief  men  within  his  Bounds, 
sJmneii-.  aloft  &  defcendentt  ca  de  tquo  fno  cmnes  affurgtbant  ei,  ipfc  vera  ereUa  lancea  fua.  Ah  mm* 
*i  virimm  Wa-  but  ftcundum  morem  foedus  accipiebat,  emnes  autem  quotquot  venifjent  sum  lancets  [nit 
f^e;  Con     iffius  hafiam  tangtbant,    &  it  a,  fe  confirmabant  per  centaErum  arntornm  fact  pa- 

p.I«.   DeHunl   Ut»  CtnCejfa. 
diedi$«^Wt- 

pemachMs.  id*.       fttnfotit  vtro  dividuntur  per  Villas,  fub  quarum  apptttatmt  continent ur  &  Bnrgi 
at  ant  Civitates. 

It  fhould  feem  Piifowerein  our  Chancellour's  time  terms  of  Comprehcufion  not 

Diminution,  elfe  he  would  not  have  lhrowded  under  the  term  of  Villa  Cities  and 

.  Burroughs  •,  or  at  leaft  Villa  were  Tantamounts  and  equivalent  to  Burg i  &  Civitates  : 

8»  ifcij  o>*ptr.    jbis  promiscuity  of  expreffion  the  learned  Stlden  gives  prefident  of,  and  all  to  this  pur- 

ff' IO-  pofe,  that  no  place  fhould  be  exempt  from  being  pArs  corporis  Cmitatns ;  either  part 

of  the  County  in  which  the  City,  Ville  or  Burrough  ftands,  or  a  County  ofitfelf, 

for  rare  is  it  to  have  any  place  priviledged  as  Battle- Abbey  was,  to  which  ihe  Conquer- 

chtru  cosq.      our  gave  Grant,  Lcugam  circumquaque  adjacentem  liber  am  &  quietam  ab  emni  Gelda 

Abkar. DiTdi. .  f^  Sctto  &  Hjdagio,  &C     &  omnibus  auxiliis  &  placitis  &  qucrclit,  &  Shjris  & 

**"*■ $      .    Hundredis:     And  therefore  though  Vills,   Cities  and  Burroughs  are  commonly  ufed 

DeGeftisPomi:  one  for  another,  as  Malmefbury  writing  of  Claudia  or  Gloceftcr,  called  by  the  Bri- 

6c.  ui,.*.  f.ia.  UiHS  Airchala,  as  a  City  devoted  to  the  memory  of  Claudius  s  (  of  which  Seneca 

makes  mention  in  thofe  words,  Barbaras  in  Britannia  cum  pro  Deo  ctlere,    &  in  heno- 

CimdjL  rtm  ipfius  Civitattm  adificare)    whereas  he  terms  Briflol  but   Vicus  ctleberr.imus. 

Though,  I  fay,  thefe  three  names  were  of  old  confounded  in  ufe,  yet  now  adayes  they 

coek.inftit.«p.  jrediftinft    vills  being  open  under  Officers  of  the  Crown  as  parts  of  the  Comity  . 

•»  Littleton.  .»  •     .      £,  1  *•*  ■■  v..  «■■*' 

f.  tot.  b.         Burroughs  are  particular  Governments  and  Corporations  by  Pjrefcription  or  Charter, 

fending  Members  to  Parliament  moftly  though  not  alwayes ;  but  Cities  are  accounted 
fuch  as  are  Shire-Towns,  molt  an  end  Wall'd,  having  ScfJSons  and  Courts  in  them, 
and  a  Bifhop's  Seat  •,  and  thefe,  requiring  great  Circuit  and  Jurifdi&ion,  may  uninju- 
rioufly  be  laid  to  be  contained  under  Vills,  which  our  Text  makes  capacious  as  ap- 
pears by  thofe  words. 

ViHarum  etenim  mtta,  non  muris,adifciis,  aut  Jtratis  tcrminantur  fed agrtrum  am- 
bitibus  ttrritoriis  magnis,  Hamlet  is  quibusdam,  &C. 

H.dmlttisquibufdam.'}  A  Hamlet  is  fome  part,  or  member  of  a  Villc  or  Town,  fo 

fay« 


A  Commentary  upon  Fortes  cue.  327 

ftyes  tbe  Text ,  Vix  eft  locus  aliquis  in  Anglia  qui  non  infra  vilUrum  ambitus  ccntinea-  s^dtn  no;es  p" 

tur  •  For,  Htm  in  Saxon  fignifies  a  Circuit,  or  Compafs.     Whence  the  word  Hem-  )^tr,  f„l.  i«.  • 

me  'for  the  edge  and  limit  of  any  Garment  •,  Sir  Henrj  Sfelman  fayes ,  the  ancient 

word  H*g»,  Sire  (I  think  to  our  Hedg)  to  fignifie  a  Trench,  (Hedges  being  bounds, 

as  Trenches,  as  Ditches  are.  )  or  rather  little  refidencies  for  fecurity  and  livelihood  ■, 

Ham  qnafe  Home ,  which,  becaufe  many  habitations  conjoyned  eminently  are  great  Gi,fit.ltt, 

Towns,  are  called  by  names  ending  in  Ham  :  Buckingham,  (Valfingham,  Nottingham. 

And  Demivills  are  termed  diminutively  Hamlets ,  lee  the  Stat,  of  14  £.  1.  which  I  c/;./5  P.  no. 

finde  not  Printed,  though  Sir  Henry  Sfelman  mention  if. 

praterea  in  Quollbct  Comitatu  eft  officiarius  quidam  mus,  Regis  viceeomes  afftl- 
latns. 

This  Prapoftus  ,or  Deputy  of  the  King  is  here  kt  out  by  three  terms- that  of  Office  Of- 
(tetanus  ■,  That  of  honour  Viceeomes  Regis;  That  of  number,*™*/  Officiar  ins. ~]This  word 
comes  from  Otfuium,  &  the  termination  Rius  being  perfona!,direftsto  the  He  that  exe- 
cutes it-,thus  from  The- fauns  Thefattraritu  •  (romCamera  Camerarius-,  from  Regiftrum 
Regtftrarius, from  Cancellum  Cancellariusfiom  Prabendum  Prabendarius-,  from  Oftium 
Oftiarius  ;  from  fjinua  fanuarius  ;  from  Bensficium  Bencficiarius  ■,  and  fo  in  Infinitum. 

guiAam  VnusT^  Wany  men,  but  One  Grovemour,  or  Principal :  God  put  a  Dig- 
nity on  One-,  HearO  Jfrael,  the  Lord  thj  God  is  one.  And  Reafon 
and  Policy  has  alfo  given  the  Suffrage  to  One ;  Vnus  in  ccelo  fol,     ..„.>.**■  :  .  ;    J 

•  ,.    .     ■      t_  1        r    11  n    1-  Don  tit  «n»J  eS-    mutime  unm  ,  Sana. 

mnmi  ,m  regno  rex  una  tn  regtone  rehgto  is  the  rule  of  all  Policy :   and     r^,/,  ^Qa. , ,.  art. »  &  4. 
therefore  the  Kir.gj  of  Englandk  ihould  feem  byourChanccllours     d«u  eft  mm*  j«mA»m  fad  ««™  «»- 
word,  appointed  to  every  County  one  Sheriff-  yet  till  the  8  EH*.     *<«••»"*"•  ""'• "»"«»"  r* """" 
\6.  the  sta-ute  tells  us  divers  Counties  were  pared,  and  had  but  ,     «         v     .         »  j 

one  Sheriff  between  them  ( as  1  think  yet  fome  have )  but  by  that     M"^  £  *'."«  f*^  \  *  . 
Statute  thofe  Counties  were  parted,  and  one  Sheriff  appointed  to     "J"  •  EuJcbluJ. 0rat'  a'1** 
each  of  them,  as  by  the  1  j  of  the  fame  ^_ElU.c.  12.  was  appoint-     iihtt!  C^ftant.Tom.  1  p-457- 
ed  toothers-,  the  Nation  probably  filling  more  with  fitperfons,     c*fi»  in  f(ur*  fait.  p.  70. 
and  tbe  charge  being  better  borne  for  one  then  two  Counties^  And 

becaufe  his  office  was  Judiciaria  dignitas  as  well  as  Miniftralis,  and  like  to  that  of  the  &•<  "^Jf* 
Romans  Confulage,  therefore  as  the  Law  committed  to  this  Officer,  and  required  his  ',«"' 
refidence  thereupon,  fo  did  it  not  put  Pluralities,  or  fupernumcrary  duties  upon  him  *«»'•  Un"ln  » 
more  then  thofe  be  could  reafonably  be  thought  in  his  (a)  Proper  Perfon  to  perform:  f  j1*  +    ' 
Nor  did  our  Kings  and  their  Counfell  appoint  anyone  to  this  place  of  Dignity  ,  but  (O  i\i.c.t. 
fuch  as  was  proper  thereto, Militts  vel  Armigeros,  men  of  blood,  breeding,  and  eftate ;  J  E*i  *;  c  9 
And  to  thefeone  by  one  in  their  office  has  he  committed  great  trufl ;  For,  fince  ,  e*.  1  c!+. 
every  mans  bufinefs  is  no  mans,  and  many  in  an  office  are  authors,  rather  of  confufion  ^"''f*"-  lib-*7- 
then  orderly  aftion.    The  Laws  of  Nature  and  Nations  prefer  Onenefs  in  moft  things  c  ,s" 
before  Manyncft,  as  I  may  fo  fay.     And  as  God  by  one  foul  in  the  body  rules  all  the 
fenfes  and  faculties  to  a  rational  and  orderly  purpofe,  fo  does  the  King  in  the  Law  car- 
ry on  wife  and  worthy  Government  in  Counties,  by  this  one  (though  not  only)  yet 
chief  officer*  in  it .-  and  as  the  Romans  were  wont  to  make  their 

Equities  ot  feleft  men,  who  had  their  horfes  appointed  them,  and    ^"c  !>*"">*  ;«<<««  frii**«.  ?lin.lib> 
were  accounted  to  dec  ine  when  the  conditions  and  fitnefTes  of  men     37' c" '' 
were  more  calculated  by  their  purfes  then  minds  ,  fo  is  it  in  any     u^  pax  mililm  ,w,„/a, /^,  Teg*t 
place,and  Government  a  great  defect  to  chufe  perfons  to  offices,who    <Un.i„.  -^«.  i,b.  1. 
are  not  nobly  qualified  thereunto ,  it  being  a  rule  with  me,  that 

the  Kings  Authority  is  never  contemned,  but  when  it  is  managed  bv  $sf»f**Y'  &  *'•?"»' mih,i*  °af- 
weak  men.  And  certainly,  what  the  Emperours  Theodopus,  Grati-  &  i,  .,«.»„  -m,,™*^,  .**»,<« htt** 
an,  and  Valentinian  decreed  concerning  Souldiers  "  That  no  man  "•*'•  &ad  uul"u,m  "»"*'  adfpi''r"  nifi 
;;  of  mean  birth,  fordid  breeding,  .11  carriage,  poor  nature,  or  of  H-    ?S£t^~£^*£Sl 

literate  nnnde,  fhould  be  admitted  to  the  noble  company  of  Soul-    m,  lib.  7.  m.  nmhf.  Tit.  t. 
"  (fieri  •  but  the  beft,  and  every  tfay  bravelieft  accomplifhed  of  men, 
is  applicable  hereunto,  and  praftifcd  in  a  great  meafure  by  our  State,  as  in  the  hereaf- 
ter Treaty  hereof  will  appear. 

G  g  g  Regit 


7^6         A  Commentary  upon  Fort  escue. 

Regis  Vice- cemtt  appeBatus.']  This  puts  a  dignity  on  the  Sheriff, 
n*»1»r  v(ut!\<L\*v  n  «)  ttfi-    that  though  he  be  not  as  the  Roman  Legats  are  by  the  Hiftorian  de- 
rmic ifrsU*  fi$at%r}it  i%ir    fcribedto  be,  whom  hetermescf  alt the  mojl  honourable  and  facred;  . 
xj  futipii,  tavhUv  n  x)  eifrt<r;  having  the  power  of  an  Empereur,  and  the  fanQity  ef  a  Pr'ufi.  Yet 
U(ton.  Haliicarnafs ,  lib.    may  this  officer  be  allowed  many,  not  only  grains,  but  ounces  and 

pounds  of  honor,  for  his  deration  from  the  King,by  the  Count,'  or 
Eat  1  of  the  County , to  whom  he  fucceeds  ■,  who  therefore  was  called 
Comes,  becaufe  probably  he  was  either  of  the  blood,  or  by  merit 
inoculated  into  the  flock  of  Princely  greatnefs,  to  which  he  was  a 
companion :  Now  this  compartization  in  command  (as  I  may  fo 
fay)Time  wearing  off,  and  the  wifdom  of  Princes  difallowing  Greac 
mens  rivalry,  or  potency,  to  prevent  the  irruption  of  it  to  Princely 
disturbance ,  has  committed  this  truft  to  a  hand  where  it  is  aftcd 
lefs  formidably.  And  this  Perfon  or  Officer,  the  Law  calls  Vice- 
comes  ;  where  vice  pro  loco  accipitur,  as  Pliny  phrafes  it.lo  Bos  In  OE- 
gyptt  numinis  Vice  colitur,  that  is /ere,  fo  £urtius  ufes  vice  alicujus 
folicitus,  &  Snetonins  vice  nnndi  circumagi  •,  which  is  as  much  as 
ad  fimilitudinem  mmdi,  and  Livy  has  fungi  alien*  vice :  fo  that  this 
Officer  being  fucceffor  to  the  Earlesof  Counties-,  who  originally 
had  the  charge  and  Government  of  the  Counties,  their  Honourable 
id  «  ftmofuum  mm/his  tobmarum.  Titles  were  called  by  ;  Is  hereupon  to  be  accounted  a  great  Officer, 
«, «  tt,M««i  <«  r,fi»HmnHmrr,iv'i    and  t0  be  chofcu  out  of  the  moft  fcleft  band  of  the  Shire-Gentlemen. 

And  fuch,  not  onely  England  apprehends  them  to  be,  but  alfo  fome 
other  Countreys :  For,  to  this  day,  in  Sweden  (*)  every  Territo- 
ry has  its  Vice-comes  ejus  alter  fere  f  rater  &  ani  jets  dicit  ;  Above 
whom  is  the  prafett,  ©r  Lantern,  with  us  Chief  Jufticc.who  rides 
Circuits,  andbythefe  Vict-cowites  arc  attended  ,  which  probably 
was  the  rife  of  our  Circuits  and  Sheriff  from  fome  Northern  Ance- 
ftry  of  ours ,  the  Dani  (h  Laws  (with  help  of  the  Saxon)  affording  us 
much  of  Inftitutionrand  Law-Method. 

Qui  inter  cater*  officii  fui  minifieria,  omnia  vsandat*  dr  judici*  cttriarnm  regis 
in  C  emit  at  h  fuo  exeauenda  exequitur. 

This  the  Chancellour  brings  in  to  the  fuller  blazoning  of  the  Sheriffs  dignity  .which  is 
not  only  Miniflerial,bot  Magift  trial,  and  Judicial  as  1  humbly  conceive  it  in  fome  cafes 
is,and  as  before  the  c.  1 7.  of  Magna  Chart*  much  more  was }  before  which  it  is  proba- ' 
ble  Sheriffs  did  arrogate  to  themfelves  Pleas  of  the  Crown,  by  which  they  being  igno- 
rant of  the  Law,  gave  ill  Judgment  in  the  Cafe  of  Mans  Life,  which  is  a  tender  thing, 
and  requires  the  Learning  of  the  great  and  Grave  Judges  to  the  cognizance  and  con- 
sideration of  it :  I  fay,  I  humbly  conceive  there  may  be  fome  thought  that  this  incon- 
venience occafioned  this  barrot  the  feveuteenth  Chapter.  And,  the  maine  drift  of  the 
Chancellour  is,  to  reprefent  the  Sheriff.as  properly  the  Hands  and  Feet  of  Jufuce,  the 
executor  of  the  Law,  that  carries  its  wifdem  and  Jufiice  to  a  thorough  execution, and 
vital  energiquenefi.  Hence  is  it  that  he  has  power  both  in  J  tire  &  in  faro,  and  has 
committed  to  him  according  to  Sir  Edward  Cock.,  a  threefold  cuftody ,  vita  Juftitia, 
Torino  fuit  begins,  or  frocefs  is  ferved  but  by  the' Sheriff";  Vita  legis,  he  is  after  lone 
frits,  &  chargeable  ones  to  make  execution ;  Vita  Rcipublica,  he  is  the  principal  Conft- 
vatorof  the  Peace  Veithin  the  County.  And  thereupon  the  Text  fayes  right,  that  he  is 
omnia  mandata  curiarum  regis  in  Comitatu  fuo  exequi :  For,  in  that  he  is  faid  manda- 
te curiarum  regis  exeejui ,  Is  implyed  Execution  of  the  Kings  Commands,  becaufe  the 
King  Commands  by  matter  of  Record,  and  Rex  pracipit,  &  lex  fracipit  are  equivalent, 
as  heretofore  more  at  large  has  been  difcourfed. 

And  now  I  feem  to  have  a  fair  Challenge  to  write  of  the  Courts  of  tveftminfter-  Hall,  i 
which  are  the  Curia  Regis  Ordinaria,  The  honourable  Courts  and  JurifdiBicns  planted 
speech  1  «o».».   *"  *^*s  Kingdom  ,   as  King  James's  words  are  •,  but  Sir  Edward  Cook,  wri ring  of 
M4  '      them  ,  not  to  the  elaboration  of  their  nature  ,  nor  any  before  him  that  I  know  of, 

lurijdlft'  °f  f"  warm  me  t0  ^e  n10^^  ar,d  not  to  meddle  with  fnch  intricacies,  which  I  am  very  eafily 
count  '0n  °     perfwaded  to  avoid,  becaufe  I  know  the  learning  of  them  more  various  then  to  be  a- 

bridged* 


II. 


Cook  •■  Littleton,  f.  i'I. 

Ex  timiltncis  ineihei  Cmttts  eriinii  fri- 
mi  ttetmt  C«nfian:inni  ,  Cemiiei  *  fraei- 
fn  ttmiftn,  <]ncH  ipfnm  fitfdnt  amitsri. 
Ftmcinl  in  ntun*  lntftru.  p.  tit*  c.  74. 


f  Ho.  Efifl.  Ijt. 

LH.  I.  e.  4«- 

If  if'  1 01.  hl>.  7. 
Shi nn  in  Ntrtnt,  C.  3 1 


Inttr  cftimts    Itlfifiinurmm  militant  tur- 
m*t    neminem  i  numtro  ft/vtrum  dandttm 


eimm  «  auem  ctfitjuii  diformitui  tmlitis 
ftcirmt ,  nee  trtlU  ie  tr£»f»lu  ntmin*. 
Cti.Thni'f.Tit.  It. 


Lipfius  lit.  1.  it  Milit.  1(em,  p.  44- 

(+)  <Albert*t*3  in  Thtftmr.  Tolhit.fettt. 
it  jt*m  T(f%.  Sheen,  p.  317. 


Cook  «n  e.  17. 


7'%.  i«, 

1  i  -.:. 


Infil 


A  Commentary  up  on  Fortjsscue.  327 

bridged  as  here  it  muft.'ar.d  miflake  fo  caHe,  that  trucly  1  fhould  be 

Tcry  prodigal  of  prudence  to  engage  in  it;   it  fhalloncly  content  me     j,r  Rob.  Fotfter.        7  ■ 

to  profeffemy  duty  and  rtverer.ee  to  the  King's  Ma  jellies  Courts     **  °<i«d  Biidgman.  J  C"'fM"". 

and  to  the  moft  Reverend  and  Learned  Chief  Jnflices,  with  their  fuit-     **  ^  lif  j*^  _     «'<  '*'"«'>. 

able  Companions  the  Juftices  in  them  •  to  whom,  as  I  can  do  no  lefTe 

fo  I  will  be  excufed  in  applying  that  to  their  worthy  N'aftet-fhips,  which  Taludanus,  In  tyfi   Feno 

upon  the  view  of  Sir  Tha.  Moor's  Works,  wrote  to  his  friend,   Nee  fatis  fcio  major  me  ^HolCimp 

turn  voluftate  aB*dxiraticnefeticemBnianm&m,  qua  nunc  ejusmodi  florcat  ingeniis,ut   Lovanii.'  i56« 

cum  iff*  ffjffit  antiauitate  ctrUrt.  But  I  proceed. 

Cujkj  (fficium  annate  eft,  quo  ei  ptfk  annum  in  eodem  mini]} rare  ncn  licet, nee  duebus  tunc 
feqmntibms  annis,  adidemoffieium  rtaftumttotr. 

Before  this,  Sheriffdoms  were  granted  for  term  of  life,   terms  of  years,  or  in  Fee, 
butby  theStat.  14  £.  3.C.7.  it  was  reftrained  to  one  year  ■,  yet,  how  it  come  topafs  11.E.4.  a, 
I  know  not,  but  Hire  lo  it  was,  that  Sheriffs  did  continue  many  years  in  their  Offices, 
and,  did  man]  Ofprejficns  to  the  f  to  fie  and  evil  Service  ta  the  King  and  his  people,  fo  ^J^'j'^,, 
are  the  words  of  the  Statute  :  therefore  by  the  Stat.  23  H.  6.  c.  8.  Provifion  is  made  uri. 
agaicft  their  Enormities,  which  are  called,  Many  and  diver fe  Ofprejficns  tothe  King's 
liege  people,  undsuly,  evilly,  and  fa/Jly  to  ferve  the  King  and  his  people.     And  hence 
comes  the  limitation  which  oar  Chancellour  terms  annate  cjjicium, though  by  the  i 2  E. 
4.  c.  i.  fome  relaxation  is  given,yet  lull  is  it  annate  oflicium ;  for  the  wifdom  of  our  An- 
cefton  looked  upon  longer  time  as  too  great  an  opportunity  for  mortal  weaknefsand 
wickednefs  to  evidt .-  and  therefore  it  anticipated  the  occafion  of  fuch  temptation,  it  be- 
ing a  wife  Proverb  which  we  have,  Opportunity  often  makes  a  Thief;  thus  was  Achatt  jtn,Htl,  e  .  „# 
lurched,  /  fan*  anungthe  ff  oils  a  goodly  Babyhnijb  Garment,  ane  200  fheckles  of  Sil- 
ver, axis  wedge  of  (J  old  of  50  fhecktes  weight ;  then  I  civ  t  ted  them  and  ttsl^  them  and 
hid  them  in  the  earth.    O  'tis  a  rare  thing  to  be  a  David  and  fee  a  Bathfbeba  and  be  in 
love  with  her,  and  yet  let  her  reft  whole  (he  rightfully  is  ^  nor  is  any  fprigg  in  Oc- 
tarins  his  Hume  more  Imperial  and  matchlefs  then  that  which  was  rare  in  the  Cafirs, 
to  be  ptrpituo  (anus  -,  to  have  an  Emgire  and  to  be  fo  little  in  love  with  the  grcatnefs 
of  it,  as  upon  ferious  and  moderate  thoughts  to  think  of  chufing  a  private  life  and  re- 
figning  that  is  an  Argument  of  fupern  Magnanimity  ■,  which  trucly  if  ic  be  thick  fown, 
as  I  qucftion,  yet  that  it  comes  up  thinn,!  queftion  not.    And  if  all  the  Inftances  of  the 
danger  of  opportunities  were  obliviated,  yet  in  the  furvival  of  two, 
which  our  own  (lories  do  and  will  mention,  the  firftof  which  was 

that  of  the  Proteftor  after  R.  3 .  and  that  later  (  0  tell  it  not  in  Gath,     #£7  cm™  'Z?Ja?ZZ7£l'. 
declare  it  wet  in  the  ftreets  ef  A  fcalon,    leafl  the  uncircumcifed  re-     )»'  vcr°  fiiBx^ut «  frojritt*a>  «mm. 

nci;l T£r-  t?"a (which  bv abufcof a  gr,cious Law> sndto  £— ^^iJteijz 

the  deflruchon  of  a  Gracious  King,  engaged  us  in  Warr  and  Wick-  *> fym  mil,, hoc  ngnum,  „,c  Vtjimm 

ednefs  )  would  more  then  enough  revive  to  us  the  danger  of  Op-  »°^A'MMW9™?«''>^»  *»»*j««» 

portumaes.    So  that  all  things  confidered,  in  as  much  as  the  Sheriff  rho.  Momm.  £,».  ^Hr.  f.  st.  jr£>. 

is  an  Officer  of  great  power  and  truft,  and  many  temptations  at-  *-o»»n»<  ^»»»«5*6. 
ttendic,  yea  much  evil  has  been  done  under  the  umbrage  of  it,  the 
wifdom  of  our  Kings  in  their  Parliaments  nas  been  great  in  limiting  them  as  by  the 
prementioned  Statutes  and  as  by  thofe  further  ones,  1  R.z.r.n.  6  H.  8.  e.  1 8.  they 
have  done  ■,  for  in  that  it  is  left  to  be  Annate  Offcium,  there  is  time  enough  to  dis- 
cover the  virtues  of  fit  perfons  in  their  fervice  to  the  King  and 

Country.     For  a  year  (which  is  a  time  of  12  legal  Months,  ordi-  nam  $  hp!  »\i&  *  trmnir, 

narily  faid  tRc  Meafure  of  the  Sun's  march  through  the  Zodiack)  the  n  A  (hahcm  tit  mV*«.  Plutarch. 

Hit.  called  it  r~UUJ,  amutatioue,  from  its  revolution  ;  the  Oreikj  J2>uafi.  Rom.  p.  282. 

hit,  and  'mount,  imii  h  iavnf  %),  becaufe  as  a  Circle  it  turns  Macrob.  1 .  Satumal.  c.  14. 

into  it  (elf:  the  Learned  make  many  Notions  of  Annus,  they  tell  Capito  in  Gfofs. 
us  of  Annus  tivilis,  naturalis,  Annus  magnus,  and  under  thefc  of 

Annus  Solfiitialis,  Lunaris,  Embolifmus,  Biffextilis,  fubileus,  O-  ™Or.DeOrigi*ib.  p.  248. 
lympiat  ■,  and  (a)  Tnily  fumms  up  all  in  that  great  year  which  con-     r^  Jn  Hortcnfio. 

tains  1 25  54  years,but  moft  ordinary  is  that  Lunary  year  of  30  dayes,  ^' 

andthe'Solfliceyearof  12  Months,  according  to  which  our  Law  Brcchxus ad le?em  134 
computes  and  our  Chancellour  is  here,as  I  fuppofe,to  be  underftood. 

G  g  g  2  All 


3*8 


A  Commentary  upon  Fortejcue. 


Lib.Deverhmmjigmfic.  f.  |ir: 

%Ub.  DeAutro  Njmph./.   »«j.  Edit. 

Holft. 

lGd.  DeOrig.p.  14J> 

Fluiarchus    w    Qyifieiulnv  T^J*""". 

f.itt. 

TJ  j8  inthculv  i  M*{77©-   *)&$- 

/uhto  «j»07tp©-.  Plutarch,  libro 

fracitato,  &  fift  ilium. 

Alciat.  De  verttrxm  fcmfic.  in  legem  f  I. 
f-  US- 


All  Nations  then  ngreed  in  a  year  as  the  menfuration  of  time,  onely 
they  variated  in  (  omroenceraent'of  this  time,  t  Porphyry  tells  us  the 
Egyptians  made  Aquarius  *\-%  ?t-«,  The  Leader  oj  the  year,  others 
CV*<r<rr;  the(  briftian  account  is  with  January,  (*»?«  ^  S-./ftt('or, 
ik  Docr-M<-nt'i>,  becaufc  it  leti  men  into  a  Method  of  Computation  •' 
but  many  ChriP.ian  Nations  compute  the  year  from  March  as  we 
(becaufe  of  the  Reigns  of  our  princes)  do  with  us  •  which  ]  can  fay  no 
more  to,  tKi  n  that  it  fecms  to  follow  the  Conftitutior.  of  Romulus, 
who  inflituted  but  ten  Months  to  ihc  year,  whereof  March  was  the' 
fiX§.,J.\nnary  and  February  being  after  added  by  Numa,  which  makes 
up  our  year  of  365  dayes  which  I  humbly  conceive  to  be  that  time 
which  our  Text  intends  by,  Annale  Officium. 


Id  licere  iuimns 
quod  caique   con- 
ceditur.   Cic.  j. 
Tufcul. 

11  H.  «.  t  Raft. 


TecCdre  ntmiui 
tuer.  Cic.  I, 
Tulcul.  7». 
XI.  H.  6.c  I. 

I  R.  1.  c.  :i. 

41  E.  j.  c.  9. 

II  H.  6.  c.  «. 

Erafm.  in  Adag. 
CW/.  1.   Cent.  5. 
^i<<«f.  (I. 


^«b  ei  ptfi  annum  in  eodem  ptinifirart  nen  licet.  ~]  This  is  added  to  fhew.  that  whatever 
Admmiftration  is  beyond  the  allowance  of  the  Law,  has  a  non  licet  upon  it,  and  intitles 
the  A<ftor,not  onely  to  the  penalty  of  200.  /.  for  every  year,  but  to  be  in  mi;ericordia  : 
Now  feeing  that  the  Law  by  Afts  of  Parliament  fayes,  He  that »  Sheriff  JbaUbe  in  that 
Office  tut  one  year,  nor  be  rearmed  to  that  Office  for  the  next  two  years  after  -,  and  this  it 
does  on  purpofc  to  break  off  the  Officers  infolence  over  the  people,  and  the  peoples 
dread  of  the  Officer,  after  the  years  expiration  he  being  defunft  as  to  all  power,  and 
(unlefs  there  be  no  other  fnfjicient  within  the  faid  County  )  acquiefce  he  ought,  mimflrare 
non  licet,  io  are  the  words  of  the  Statute  ■,  and  hereupon,  when  as  the  under  Sheriff  of 
Briftol  doubted  concerning  his  capacity  to  hold  the  place  from  year  to  year,  as  the  un- 
der Sheriff  of  London  does,  the  Statute  6  H.  8.  r.  18.  did  declare,  that  notwithstand- 
ing the  Statute  of  inhibition  he  might,  or  elfe  thofe  Statutes  being  in  force  hedurU 
not ;  fo  well  the  later  Lawes  reraedyed  the  iriconveniencies  of  former  times,  that  the 
old  Proverb,  <tAz.gintnfcs  neque  tertii  ntque  tjuarti,  may  be  faid  of  Englifh  Sheriffs  .- 
no  man  can  ordinarily  continue  in  it  any  time  beyond  that  of  a.year,  which  is  time 
enough  for  an  honeft  man  where  fuch  choice  of  them  is,  as  in  England  bleffed  be 
God  there  are,  and  beyond  it  would  be  too  much  time  for  any  that  is  not  worthy  to 
have  it. 


Officiarius  ifle  fie  eligitnr ; 
Scaccarie,  &c. 


Quclibet  anno  in  Crafiino  Animarum  convenient  in 


Note  well. 


HcligiefiiM    eft 
quod  propter  fun- 
Ritatem    aliquant 
remount  nc  fepo/i- 
tHM  k  nobis  elf. 
vcrbttm  a  relin- 
tjHinio  diHtim. 
Maffut.  Sabinus 
spud  Aul.    Gel  I. 
lib.  4  c.  j.  &  10. 


This  (hews  us,  that  as  there  is  one  Officer,  fo  he  to  be  chofen,  and  fo,  and  fo  onely 
(ordinarily)  as  the  Statute  of  14  E.  t.c.y.  appoints,  which  our  Text  is  but  an  enlarge- 
ment upon.  And  the  firft  thing  that  is  remarkable,  is  the  Note  of  time,  Greater, 
Quolibtt  anno,  an  annary  Officer  to  be  chofen  annarily  -%  The  leffer  or  prcfixt  day  of  the 
year,»'»  crafiino  Animtrum.  Crafiim  Animarum.  3  This  was  a  day  fet  apart  upon  Papal 
ends,  afore  and  in  our  Ghancellour's  time,  but  at  this  day  is  aFcftival  by  virtue  of  the 
Statute  of  5  &  6  E.6.  c.3.  which  I  do  not  affert  to  decline  Canonical  Compliance,  or  as 
thinking  the  Church  of  England  may  not  harmleffely,  asfhedotb,  fymbolize  in  thefc 
little  externities  with  the  itew»/&  Church  where  fhe  has  any  footftep  or  print  of  unfii- 
perftitious  A  nriquity  for  her  Colour  or  Warrant-,  but  to  fa  ii/ie  the  fcruplc  of  fome 
tender  fpirited  perfons,  that  they  may  make  more  Confcience  of  contemning  Autho- 
rity herein  then  hitherto  they  have ,  for  in  that  fome  Saints  dayes  and  other  Feftivals 
are  called  Holy-dayes,  our  State  does  not  call  them  fuch,  for  the  matter  andnature 
either  of  the  time  or  day,  nor  for  any  of  the  Saints  fences,  whofe  memories  are  had  oh 
thofe  dayes,  for  fo  ad  dayes  and  times  confidered  are  God's  Creatures,  and  aU of  like  Ht- 
linefs,  but  for  the  nature  and  condition  of  thofe  Godly  and  Hoi  J  fyorkj  wherewith  onely 
God  is  to  be  honoured,  and  the  Congregation  to  be  tdiftd,  whtreunto  f-.ch  ti&es  and  dayes 
are  fanilified  and  hallowed,  that  is  to  fay,  ftparated  from  all  prophane  ufes,  and  dedicated 
and  appointed  not  unto  any  Saint  or  Creature,  but  onely  unto  God  and  his  true  Worfbip, 
thefeare  the  words  of  the  Statute ,  which  (hews  that  pure  prudence  and  piety  defti- 
nttted  thefe  to  the  refped  that  with  us  they  have,  which  our  Ancctlours  were  not  one- 
ly dire&ed  to  do  by  the  light  (  as  it  were)  of  nature,  which  dictated  the  Comrr  emora- 
tion  of  notable  perfons  and  Actions  by  a  more  then  ordinary  folemr.ity,  but  alfo  by 

Example,. 


A  Commentary  upon  Fortes  cue.  3x9 

Examp'e,  end  Authority  of  God,  Pofitively  commanding  it  .•  And  therefore  there  has 

never  been  any  Nation  fo  rude  but  has  obferved  it  ;  nor  any  fo  Religious  but  has 

been  awed  into  the  Conformity  hereto .-  which  made  S.  Bernard 

declare  him  unworthy  cf  the  %yof  the  FtflivaL  in  the  faeredeom-     i"^™1  ?«<>/*  y3/«>.».  um*  eft  <itii  ft*t» 

-         r-  t      1  Jir  It-      a'         /•    r    4'.        •«*       .  turn  x-.^l:-  Alfin,ati<  mn  olfcrviu,  $tt»> 

fort  of  it ,  win  does  not  objervt  the  Injunction  oj  Fajimg  ,  m  prepara-     „  Vjgji.  s_  Andtex. 
tin  fir  it. 

Now ,  though  I  know  there  may  be,  and  is  abufe  of  Holy-Dayes,  as  of  the  beft 
things  there  may,  and  divers  times  is :  yet  do  I  not  thence  fee  any  excufe  they  have 
that  defie  Holy-Dayes  from  this  accident;  but,  methinks  it  would  rather  become 
their  greater  Ze, U,  and  Knowledge,to  Celebrate  them  fo,  as  to  re&ifie  that  aberration, 
and  to  method  and  credit  the  reduction  of  its  eccentricity  ;  For,  if  great  mercies  and 
notable  achievements  be  remembred  on  thefe  Dayes,  I  fee  no  reafon  but  our  Cuftoms 
to  Fcaft,  and  weare  our  bell  Robes,  and.do  every  thing  moft  Triumphingly  on  thefe 
Daycs,are  applaudible  :  The  Heathen-Herald  taught  Cljtemneftra  this,.when  he  tells 
her,  That  fadlcokfs,  and  narrow  austerities  do  not  bectme  a  fret- 

daj,  which  is  devoted  to  the  Gods%  the  befl  cf  beings  :  and  S.  Bernard    *e,ru',7^j"  ;n '^'  iLmLae ''"""* 
highly  encomiating  the  Ftaft  of  A  >- Saints,  fay es  to  his  Friends  and    c-  s'  '*       y""  Bamemnone- 
Auditours ,  Ncn  ignoratis  fratres,  Sec.   Know  je  not,  that  men  ef  the     Serm_  ic  f,gi,  omnium  SanBornm. 
world  d)  en  Fefiivals,  Feafi  fpltndidlj  ;  and  the  Higher  the  Da]  is, 

the  mofl  diintj  fare  have  they.   This  (hews,  that  Feiiivals  were  ever     bi«<  a.rt'of}d]»<  p«{M  cZmrM*- 
in  account,  becaufc  they  were  the  relaxations  of  Life  from  its  con-    7,,,.  stebatu  Serm.  de  avari- 
ftant  portadgc,imprifonment,  and  toile-,  but,  concerning  the  inftitu-     tia. 
tion,  nature,  and  qualities  of  this,  ThoJefanus  gives  a  very  great  and 
good  account,  as  others  alfo  do,  whom  1  fhall  mention  in  the  Notes    •£**•  *•  Sjnta^m  juris,  c.  u. 
on  the  1%  Chapter.  That  which  I  write  this  for,  is,  not  to  magnifie 
Holy-Dayes,  as  they  gratific  any  Carral  Principle  in  vaine  men,  which  by  them  is  pleafu- 
red  ;  or,  in  any  oppoiition  to  Tender  Spirits,  whom  fome  delight  to  grieve  and  contra- 
dict.- God  forbid  any  of  thefe  fhould  prevailewith  Me,  who,  /  hupe,  have  not  fo  lear- 
ned Chrift  ■,  but,  my  Enlargement  herein  is  only  to  allay  ( if  I  might)  the  animofity 
that  (a)  fomehaveagainft  Holy- Dayes,whereof  that  0ww*>»  Animar  urn  is  one:  and  to  (*)Otd.iU,\,  g. 
(hew,  ih:x  Craftino  Animar  urn  is  therefore  fet  apart  (as  lfuppofe)  by  our  Law,  to  llStoitt' c'"'a- 
chufc  this  High  Officer  in,  becaufe  it  fuppofes,  the  mindes  and  fouls  of  the  Great  Men 
then  to  nominate  ,  being  lefTon'd  with  piety  the  day  before  ,  will  have  a  great  tru- 
fture  of  it  the  morrow  ;  and  being  convened  there, before  they  have  let  the  feverity  and 
honour  of  the  precedent  day  evaporate,  come  big  of  it  to  the  Nomination  of  this  Of-  c.  -       .  ^ 
ficer  •,  who,  by  being  Elefted  on  this  day,  gives  name  to  Craftino  Animarum ;  as  the  lu^Tmvrh 
rauTacre  of  the  Danes  by  the  Women  did  to  jgnindena  fafchx, another  Law  day.  Hokeday. 

Convtniunt  in  Scaccario.  ~]  This  is  the  place  where  thefe  Great  Ones  meet  tochufe, 
in  the  Exchequer,  Originally  the  Court  of  theRevenew  •,  whereupon  Polydore  Vir- 
gil would  have  it  written  Scattarium,  from  the  German  word  Schats,  or  the  Saxon 
Stacca,  th:fmrus,  impefitio,  taxatit  ;  Probably  it  may  be  fo :  For,  it  is  the  Sea,  into 
which  all  the  Rivers  of  Publiquc  Rcvenewrun;  every  Sheriff  accounts  for  his  Office  ""*'  **•*'  "Jj 
into  it :  and  therefore,  when  in  Edward  the  fixths  time,  it  was  found,  that  the  Sheriff  *  '  • 
of  N«rthrimb<rland  for  a  long  time  had  not  accounted  for  his  Office  to  the  Exchequer, 
is  ether  she  iffs  did,  but  converted  the  profits  of  it  to  his  own  ufe,  the  Statute  of  2  & 

3  of  that  King,  c.  3^.  ordered  redrefs  of  it  •,  and  brought  in  that  out-lying -Deer 

into  the  Herd,  making  him  refponfible  as  others  were.     Concerning  this  Court  Sir  Aimftt.  chapter 

Elward  Cool^  has  vrrittenof  late,  as  NigeS  is  faid  of  old  to  do,  who  had  incomParabi-  £*<*'?*«■  •  *  t 

lem   Scacca'ii  fcientiam  &  dt  eadim  optimt  fcripfit  ;  of  this  Court  therefore  no  ochamo!*4.^'* 

more. 

.   Thirdly,  As  the  Time  and  the  Place.fo  the  Perfons  Electors  aread- 

mrablc  to  be  noticed,  Regis  Omnes  conftliarii  ;  That  is,  fuchofthe 

Lords,and  others  of  the  privy-Council  as  will .-  For,this  Omnes  is  not    \\";  s.'.'^M'B.'i.'e.'i*1  *''' "' 

Ntct([itdtis&  coailunis  fed  capacitatis  &  juris.  All  of  the  Kings 

Conncell  may,  if  they  pleafc   and  fome  of  them  muft^and  many    ^^^^.flSSSSj 

will;  and  with  tnem  comes  the  Policy,  and  Gravity  of  theNati-    tbtfenr.  rofe.  c. ».  p.*. 

on.  Tarn  dtmini  Spirituals  auam  Tempcralcs.~\  This  is  added,  to 

fliew  the  variety  of  our  Princes  Con nfei Is,  which,  as  they  are  of  things  that  concern 

Religion 


yo  A  Commentary  upon  Fortes  cui, 

Religion  and  Policy.fo  arc  furniflici  with  men  oracular  in  both  Provinces  Sub  jells,  divi- 
ded in  Terms,  and  bj  Names,  of Spirit  ualtj  and  Tcmporalty, (ohyct  the  Stat.  24  H.  8.  c. 
1 2.  not  that  phyfically  there  is  any  difference  between  a  Bifhop,  and  Abbot,and  a  Lay- 
Baron,  for  they  arealike  men ,  and  fubjeft  to  like  infirmities  ,   poffiblc  to  deceive, 
and  be  deceived  {  and  alike  arc  the  Votes  of  their  Baronies  in  Parliament.-  but,  the 
diftinftion  is,  to  import  a  kinde of  metaphyfical  difference-,  as  the  Clergy  Lords  Cal- 
ling being  Circa  rts  Saeras  -,  imports,  their  mindes  to  be  in  Sacris,  Holy  men  ,  Ha- 
ving  their  Converfation  in  Heaven,  whence  thej  lool^for  the  High-Trie jl  of  this  Profcffion 
to  vifit  them  with  an  Eugeferve  bone-,  Thcfe  then  who  are  men  fet  apart  to  God  in  their 
Order ,  and  Dignified  above,  and  diftinguifhed  from  vulgar  men  in  Priefthood,  are 
called  Domini  Spirituals ;  not  that  they  pretend  the  Pedegree  of  their  Honour  from 
i15£?6\'.'».i0'      Cbrifi  feffa:  For,  they  knowing  his  Kingdom  not  being  (in  this  fence)  of  this 
1  e'ux..  i.  1.        World  ,  their  Prelacy  in  that  fenfe  alfo  is  not :  but,  that  by  rcafon  of  which,  they 
"tiy'c\        are  SPiritual  LorcIs  is  chcir  Baronies,  which  they  hold  Jure  Ecclefiarum-,  and  by 
If,,^';.1'       which,  the  Kings  of  this  Land  haveerefted  them  as  Homadgers  to  them  forfuchBa- 
cook  s.  Rep.  ic  ronict ;  and  the  Law  and  Cuftom  of  the  Nation  has  incorporated  them  into  the  Ba- 
n  Ecdtf.  ronage  infeparably  :  whence,  though  feverall  Ordinances  mounted  againft  them  for  a 

time,  battered  them  fore  •,  I  mean  not  the  Aft  of  17  Carol.  28.  but  that  of  1646. 
c .  64.  of  1649.  M  ?•  of  1647.  c.124.  c.94.  &109.  of  1548.  c.  117.  and  f.122. 
that  of  1650.  c.  29,  30.  yet  God  has  brought  them  into  their  wonted  Right,  to  the 
Mamwb:    frec  enjoyments  of  their  luftre,  with  all  the  perquifites  of  it ;  which,  as  they  are  ne- 
theit  Reftituti-    ver  to  forget,  but  to  make  their  lives  ( though  not )  pillars  of  Gratitude  •  for,  rhat 
has  too  fixed  a  name  for  fo  fixlefs  a  thing ,  as  the  life  of  man  (in  his  beft  eftate)  is  • 
much  lefs  in  old  age  (  which  is  the  (late  of  moft  of  our  Reverend  Fathers  )  but  burning 
and  Jbining  lights  of  holinefs ,  and  exatl  confeiente  ;    which,  when  they  do,  ar.d  as  Bi- 
fhop 7fw>fi7,  one  of  them,  once  faid  Heroickly,  Can  deny  their  Farts,  and  their  Relati- 
ons, and  their  Honours,  but  the  Faith 1  and  Truth  of  Chrift  they  cannot  deny.  When  thus  I 
fay  the  Fathers  of  the  Church  do  adorn  their  Order,  Preaching  frequently,  Livingho- 
lily,  and  Dying  comfortably  :  There  are  no  oppugners  of  their  credit  and  greatnefsj 
but  muft  blufh  at  their  peevifh  opposition  againft  them  ■,  And  fuch,  fince  to  the  height 
of  this  Character,  this  Glorious  Church  of  England,  from  the  Reformation,  abun- 
dantly has  had,  and  I  truft  has  j  and  ever  (I  hope)  by  Gods  mercy  will  have  :  There 
will  be  no  caufe  for  any  ingenious  and  noble  Tongue  and  Pen  to  difown  it,  as  it  is  held 
Prelacy,  for  fince  the  honour  that  is  attending  on  it  may,  and  has  been  fubfidiary 
to  Piety,  and  may  and  has  contributed  much  of  its  luftre  to  the  bedecking  thereof, 
I  muft  be  humbly  bold  to  declare ,  my  Prayers  (hall    rather  be  to  God  that  he 
would  fanftifie  and  preferve  in  all  exemplary  Piety  and  Charity  this  Order,  then    to 
hightcn  it  above,  or  abate  it  from,  what  now  it  is  v  for  'tis  well  where  it  is,  and  may 
God  ever  fupply  it  with  pious  and  learned  Succeffions  ;  and  may  they  ever  continue 
in  the  Kings  and  Peoples  love,  as  Domini  Spirit/tales. 

Et  Temperalcs.~]  Of  thefe  I  have  written  in  the  Notes  on  the  Chapter-,  and  the 
Titles  of  both  Lords  Spiritual  and  Temporal  has  been  the  language  of  fo  m;ny  Afts  of 
Parliament,  and  for  fo  long  time  that  to  be  ignorant  of  it  were  to  be  fottifh  :  for 
though  in  many  Authours,  fpecially  Scripture,  Camalis  be  oppofed  to  Spiritual^,  and 
Mundanus  to  Ccel(ftis,znd  Temporalis  to  <s£ternns,  yet  in  the  Rolls  of  Parliament  and 
Books  of  their  Statutes,  Spiritualis  and  Temporalis  are  matched. 


on. 


Quamaliiomnes  jufiiciarii,  omncs.~]  This  is  to  be  prcffely  taken,  All  may,  but  do 
not,  nor  are  neceflaryly  to  come,  but  chiefly  the  two  Chief- Juftices  of  the  Benches, 
if  they  be  prefent,  fo  fayes  the  Statute ;  and  though(x)  Fleta  calls  the  Barents  de  Scac- 
&.'•"'.*"  cam  Juftices,  and  ufe  intitlcs  them  to  the  Power  and  Honour  of  Juftices  or  Judges, 
yet  is  net  our  Text  content  to  couch  them,  but  pofitively  fayes,  Omnes  Barents  de 
Scaceario  -,  though  the  Statute  prcmencioned  nominates  onely  the  Chief-Baron,  ma- 
king him  one  of  the  three  prime  Regents  in  this  Choice,  for  the  words  are,  By  the 
Chance  Hour,  Treafurer,  and  Chief- B  ar  en  uf  the  Exchequer,  taking  to  them  the  Chief- 
fufiices  ef  the  one  Bench,  and  of  the  other  if  they  be  prefent :  fee  the  33.H.  6.c.  i. 
where  thefe  are  alfo  joined. 

Clericus 


I*  Ed.  k.  «.  7 


14M1.  t.  7. 


A  Commentary  upon  Fortescue,  331 

ClericMi  Rotnlornm  &  tftddam  alii  cfficiarii.  ~]  Becaufe  the  Officers  of  Courts 
were  often  Clergy-men,  therefore  the  term  Cler'uus  was  given  to  Officers,  9E.2. 
c.  8.  But  this  great  Officer,  called  here  Clericus  Rotuhrum,  and  fo  in  the  Statute 
uH-7-c-  lz%-  **i  as 'think,  (and  if  I  err  I  crave  pardon )  in  later  Statutes  termed 
Jllagifter  Rotnlornm  ;  fo  in  the  Satatutes  14  &  1 5  H.  X.  c  8.  2t  H.  8.  c.  13.  Gar- 
den des  Rolls  de  mitre  caneeSarie,  fo  fayes  the  old  Inftruraent,  De  form*  mittendi  va«.  m.  cwu 
txtraUas  Ad  Scaccarium.  •  /"»•  »f-  *7-  »• 

Et  ejuidam  aliiefiiciarii.^  Though  mention  is  made  of  other  great  Officers  of  the 
Realm  in  the  Statute  iR.i.c.f.  yet  more  probably  other  thenthefe,  and"  per- 
haps feme  Chief-Officers  of  the  Exchequer  who  are  neceffary  to  be  ufed,  but 
who  our  Text-Marter  means  I  am  not  able  to  rcfolve,  nor  is  it  much  material ;  for  the 
greater  Perfons  being  afcertained  the  lefle  may  pafie  as  of  leflc  confequence ,  for  that 
they  meet,  and  by  common  confent  nominate  and  agree  upon  the  names  of  certain 
Gentlemen  in  every  Shire,  and  them  prefent  to  the  King  to  prick  whom  of  the  pre- 
fentedhepleafe,  is  the  main  work,  and  that  the  Chancellour  fayes  according  to  the 
now  pradice  they  annally  do. 

Jfomitiant  de  tjttolibet  Comitatu  tres  Milites  vel  Armigeros.  ~\  Tres  for  the  Number, 
Militts  vel  Armigeros  for  their  Quality.  Three  is  a  facred  Number,  Tria  fttnt  om- 
nia was  a  faying  of  old,  not  onely  for  that  Three  charaftrtd  the  Trinity,  according  to 
which  the  Apoftle  fayes,  There  are  three  that  It  cure  record  in  Heaven,  the  Father,  the 
Son  and  the  Spirit,  and  the fe  three  are  one,  but  becaufe  this  Number  confuting  of  e- 
ven'and  odd  contains  vfuTxt  <fhml*<!,  which  are  the  rife  of  Plains  and  referential  of 
the  Superficies,  as  Plutarch's  words  are  •  and  fure  when  Plautus  calls  a  Thief,  Homi- 
nemtrium  liter arnm,  he  intends  fuch  a  fubtlety  and  reach  in  him,  that  he  can  be  even 
and  odd,  play  the  Jach^  alone  or  in  Company }  being  like  Alexis,  not  this  nor  that, 
but  having  tttrittsquc  timperamentum.  As  fome  other  Numbers  have  been  noted  extra- 
ordinary by  Antiquity,  as  Twelve,  Seven,  fo  this  Three ,  not  onely,  Tf  U  *£*m  ^w'sa, 
(alluding  to  the  manners  of  three  Nations  whofe  Names  began  with  Cap  pa ,  the  Cappa- 
docians,  Cretians  and  Cilicians  ■,  or  as  others,  betokening  thofe  three  men  whofe  Names 
began  with  that  Letter,  Cornelius  SjUa,  Corn.  Cynna,  and  Corn.  Lentaltts, )  or  not 
onely  -wTjiit  ■**■&  *  omkk,  alluding  to  a  cuftornc  of  old,  for  the  Judges  to  allow 
condemned  perfons  before  Execution,  being  filled  with  Wine  and  good  Chear,  to 
fpeak  their  mindes  to  three  things  freely ,  but  alfo  the  Notation  of  three  *  prefixed 
tothrec  exoptable  things  which  are  called  tria  fainter  rim  a,  To  eat  f$  moderately  at  to 
rifewitbaftemach,  To  comply  with  reafonable  labour  and  not  decline  it,  To  keep  Natures 
vgour  uninjured,  thefe  are  the  three  Saluberrima.  Tbefeare  Conceits  of  the  Num- 
ber Three,  but  not  the  reafon  of  our  Law,  that  pitching  upon  the  nomination  of  three, 
does  it  probably  as  there  is  plentiful!  choice,  fubmitting  to  the  King,  who  is  abfolute 
herein,  if  he  finde  two  that  are  equally  worthy  and  neither  of  whom  he  knows  how  to 
wave,  becaufe  he  cannot  chufe  both,  to chufe  neither,  but  take  the  third  to  thedif- 
pleafure  and  disfavour  of  neither. 

MMte s  vel  Armigtros.  ~]   Thefe  are  the  Names  of  the  Flower  of  the  lefs  Nobility  i„  my  Defcnc« 
or  Gentry,  what  they  Heraldically  import  I  have  elfewhere  fliewed,  that  which  they   °f  Atn"  and 
are  hereexpreffed  for,  is  to  necefiitate  the  Sheriff  to  be  a  man  remote  from  the  plebs  ■,   ^^sui.  rf 
nohighShoeorblondlefemaaaswecall  menofnoextracl:,  .  but  as  the  Statute  of  Lin-   sheriffs. 
coin  requires,   He  fiali  have  Eftate,  that  is,  have  fufficirnt  Lands  within  the  Shire  to 
anfwer  the  King  and  his  People  and  not  to  be  in  Service  :    but  as  Juftices  of  Peace  are  to 
be  men  of  the  btft  Reputation,  with  other  wife  and  learned  in  theLawes,  fo  in.  other 
words  fayes  the  Statute  of  18  E.  i.e. 2.  The  moft  worthy  in  the  Count]  ■,  ^\E.l.c.\. 
The  mo$  fuffcient  Knights,  Efyuirts  and  Gentlemen  of  the  Law  •   13  g.  2.  g.  7.  18.  H. 
6.c.  11.  if  fuch  muft  be  Juftices  of  the  Peace,  then  fure  much  more  fuch  flhould  the 
Sheriff  be,  who  being  prtfeHus  Comitatus,  ought  to  have  nothing  of  difparagement 
upon  him,  which  be  will  have  that  has  not  a  fortune  to  bear  up  the  Port.     And  hence 
was  it  that  though  by  1  E.%.   men  were  compellable  to  take  Knighthood  that  had  E- 
ftatcs,  yet  if  any  were  fummoncd  that  hid  not  they  were  difcharged  ■,  nor  were 

then 


l  John  j.  7. 

Lib.    de  xnim» 
fricreat.     E.  Ti- 
mio.  f.  1017. 

Ullius  Gyra'.d. 
in  ts£nigmar, 

f.  4*4. 

f-liilo  lib.  D4 

Tiofugi*. 

Erafm.  Adag. 
Chil.  I.  Cent.  S, 
^ti*g.  12. 
Chil.  }.  Cnt.t. 

Chil.  +.  Cent,  4.' 
^dag,  «4. 


4E.  ».«.». 
f  E.  i.c .4. 

14 1- J-  c -7- 
I  R.  i.e.  II, 


m  >f  Commentary  upon  Fortescue. 


i  Inftit.  f.  $»s» 


ColumcH.  lik.  J. 

Ep.  tot. 

Cic  friMmni. 
Cic.  m  Or*lar. 


//<«  diffiojttit 
turn  umamidttm 
que  tetforum   Ute 
longsqut  prdcedit. 
Hrppodtomus. 
Plin Mt.s.tp  1 01. 


*H.4.  '•  S. 


then  any  made  Knights  who  were  not  before  made  Efquires :  therefore  KingftCH 
combatant  with  a  trench  Lord  13  R  2.  being  no  Gentleman,  was,  that  he  might 
perform  it,  made  an  Efquire  but  no  Knight  4  focarcfull  was  the  State  to  prefcrve  the 
Reputation  of  groaf  Officics,  that  they  defigned  none  to  them  that  were  not  of  A- 
bility  to  keep  up  the  Port  of  them,  which  becaufe  men  of  breeding  and  Eftate  can 
beftdo,  therefore  the  Text  fayes,  the  Perfons  nominated  to  be  Sheriff*  muft  be  Mi- 
litcs  vel  Armigeros.  • 

guos  inter  cateros  ejusdem  Cmitatus  ipfi  opinantur  metioris  ejfe  dijpofitionit  &  fama. 

Herein  appears,  that  as  they  muft  be  Knights  and  Gentlemen  of  the  County,  that 
(truely  I  think)  primitively  was  intended  re pdent,  duelling,  And  abiding  there,  as  the 
words  of  the  Stat,  of  8  H.  6.  e .  7.  10  H.  6.  c.  ?.  in  the  Cafe  of  Elections  to  Parliament 
are  ;  though  I  know  ufe  interprets  it,  having  Eflates  in  the  County,  which  is  a  kinde  of 
fortunary  refidence.     So,  as  they  arc  to  be  men  of  Blond,  Birth,  and  Eftate,  fo,  of 
Fidelity  and  Intelligence,  knowing  men  in  the  duty  of  their  place,  and  faithfull  men 
according  to  what  they  know  they  ought  to  do  j  for  this  I  take  to  be  the  fenfe  of  me  - 
lioris  difpofitionis  &  fama  in  general,  and  to  this  fenfe  incline  the  words  of  the  Stat. 
41  E.  i.e.  4.  where  men  fit  to  be  intrufted  with  Commillions  of  Inquiry  are  called, 
The  moft  worth)  of  the  Country  at  welt  for  the  King's  profit  m  the  Commons,  and  the  2  j 
H.  *.  c.  8.  calls  him  that  is  to  be  a  Sheriff,  a  meet  and  fufficient  man.     But  the  fpeci- 
fique  fenfe  of  melieris  dijpofitmu  &  fama  here,  I  fuppofe  is,  Men  of  fober  and  re- 
gular  life,  Men  of  orderly  Conversation,  that  walk  worthy  of  their  places  and  confpi- 
cuities  -,  for  fo  difpofmo  is  ranked  wkh  or  do  in  Columella,  Quit  enim  dubitat  nihil  efle 
pulchrius  in  omni  ratione  vita  difpo  fit  tone  at  que  or.dine  ;   fo,  difpefita  hominum  vita  prt  bene 
confiituta,  &  qua  ncn  flntluatur  is  in  Pliny.     Thus  we  fay  a  man  is  well  difpofed 
when  he  does  keep  a  good  guard  upon  himfelf  and  lives  virtuoufly,  which  TuBy  terms, 
difponere  fiudia  fua  ad  honor em,  when  he  fpeaks  and  lives  in  print,  which  is,   verba 
difponere,  ut  fittsres  varietatem  color  um,  difpofition  here  being  not  fo  much  the  intern 
principle,  as  that  which  appears  in  Converfation,  the  fruit  of  it;  and  that  this  is  the 
fenfe,  appears  from  its  ad  junft  or  copulation,  &  fama,  which  is  cxegetical  of  it,  for 
no  man  can  live  with  credit  that  does  not  keep  orderly  Hours,  orderly  Company,  and 
orderly  Methods  in  his  Station,  as  a  Chriftian,  as  a  Gentleman,  as  a  Mafter,  as  a  Neigh- 
bour, all  which  concentring  in  a  perfon  of  worth,  makes  him  as  confpicuous  for  a  man, 
as  that  houfe,  which  has  Art,  Vfe,  and  ?leafc.re  in  it,  is  for  a  Building. 

Et  *d  Officium  Vicccemitis  Ccmitatus  iHitu  melius  difpofitos.  ]  Well  affixed,  for 
Gentlemen  may  be  well-fortuned,  wcll-affetfed,  well-reported,  and  not  be  difpt- 
fiti  ad  Officium  Viceeomit is,  for  this  Office  being  an  Office  of  Truft,  requires  the  refi- 
dence of  the  Offices  thus  trufted  within  the  County,  chat  he  may  be  ever  at  hand  fol- 
vere  debitum  •  and  this  feems  to  me  to  in  reafon  exclude  out-lyers,un!efTc  in  Cafe  of  nc- 
ceffity,  when'that  is  admitted  which  othcrwife  is  not,  as  in  the  Statute  of  1 3  E.  1.  c.  38. 
where'the  Statute  fayes,  Jt  Jhall not  exter.d  to  great  Affiz.es,  in  which  it  behevethmanj 
timet  Knights  topaffe  not  refident  in  the  County,  for  the  fcarcity  of  Knights,  for  in  all 
Cafes  of  necefiity  Exemptions  are  void,  52H.  3.C  14.  Then  it  is  an  Office  where- 
in ufe  ofdifcretion  and  reafon  will  be  frequent,  and  fo  it  excludes  weak  and  infolid 
men,  for  fince  experience  tells  us,  that  this  Office  calls  for  wifdom 
of  minde,  when  to  doe,  and  what,  and  what  not ;  that  being  fome- 
time  true  here,  which  QnintiRian  in  other  Cafes  faid,  Eft  utilitatis 
&  in  tempore  qua  ft  10  expedit,fed  mn  rune.  This,  1  fay,  being  the  Cafe 
of  Sheriffs  in  their  Office,  men  that  have  not  their  wits  about  them, 
and  cannot  difponere  unicuique  munusfuum,  as  Tullfi  phrafe  is,  will 
be  very  unfit  for  it ;  for  it  properlieft  becotneth  one  that  \s,dtfpofituf 
provifitqut  rersim  Civilium  peritus,  as  (a)  Tacitus  phrafes  it :  for  the 
Sheriff  being  the  Minifter  of  the  Law  muft  anfwer  in  his  difpofition 
the  notion  of  difpofuion  in  Rheconck,  Rerum  inventarum  in  or  dim 
diftributione,  and  thus  when  he  does  he  is  melius,  that  is  legalius 
&potius  difpofittts,  which  in  my  apprehenfion  excludes  letter- lefle 

or 


JHmcilh  j«*d<m  {rat*  &  ingrai*  fimt, 

Senec.  Veltintfiiiu.  t  ti. 

Lih.l.  Inftit.  Orat.  ». 

K«\*  /*     «»>*    5    9tiol    tybttliJ' 

«uh.      Tie    C*r minibus    Ho* 

meri. 

Cic.  De  petit.  Ccmhl  14. 

(a)Z«*.i8. 

Cic.  i.De  Invent  .13. 


A  'Commentary  ttpon  Fortes  cue.  35$ 

or  ur.bred  men-  j  yea,  in  as  much  as  the  Sheriffwick  is  an  office  of  action,  fickly,  decre- 
pit, or  o:hrr  infirm  men,  are  not  Aielitu  difpofiti,  which  in  the  Cafe  of  Jury  men  is  ex- 
preffed,  in  the  Stat.  13  £.3.  c.38.  for  the  A&of  Godinfirming  them,  either  the  of- 
fice muit  be  done  by  deputation^  or  not  be  done  at  all  .•  for,  perfonally  to  perform  ir, 
they  that  cannot  rideor  move.are  not  to  be  expefted ,  fo  that  to  be  Melius  difpofnus  ad 
offieium  yicecomitisfcems  to  ree  to  intend  a  man  able  and  willing,to  know  and  do  the  du- 
ty in  the  latitude  of  it  •,  which,  onely  men  of  wifdom,cxperier.ce,and  aftivity,  perfonal- 
ly can  execute  .•  But,  becaufe  that  of  Clem&ngis  is  in  feme  degree  applicable  here, 
Nen  perfects  vivitur  hominibus,  fedcumiis  inquibtu  prtclare  agitur  ft  fint  fimulacra 
vWtutis ;  and  the  Law  allows  the  fupplementof  Under-sheriffs,  who  are  (f  will  not 
fvf  Mtlius,)  but  difpofiti  ad  offciumi  having  oftentimes  to  them,  committed  by  the  High- 
Sheriff,  the  whole,  or  part  of  the  exerciftng  and  executing  of  the  office  of  the  H'ghShe- 
riff \  therefore  lefs  punctuality  in  thefe  particulars  is  neceffary  r  For,  the  Law  knowing 
whaE  difpofitions  under-sheriffs  are  of,  has  required  two  Oaths  of  them  before  their 
Execution  of  their  office,  fee  the  27  £//*.  fi  11.  which  if  they  fhall  make  confeience 
of,  they  fhxll  do  well. 

"i 

Ex  cjr.fbus  Rex  unum  tantttm  digit,  quern  per  literasfstas  patir.tes  conftitftit  Vietca- 
■  mitem  cemitatus  de  quo  eligitur  pro  anno  tunc  ftquente. 

The  Choice  of  the  officer  is  the  Kings,  becaufe  the  office  is  the  Kings-,  the  People  ' 
and  County  the  Kings  -,  the  Law  which  he  is  to  Execute  the  Kings  i  And  he  calling  out 
the  finglc  one,  makes  him  ipfofailo  ponderous  melius  difpofitus  adejficium,  and  melioris 
difpofttiimis-&  fam*  •  then,  to  be  below  the  endowments  it  deferves.  Suppofing  then  the 
Pcrfon  pricked,  or  Ele&ed,  out  of  the  three  prefented,  the  next  and  great  Exprefiion 
of  the  Kings  pleafure,  is,  by  thefigningof  Letter-Patents,  to  which  are  affixed  the 
Broad- Seal,  for  his  Authorization  to  be  Sheriff  of  the  Particular  County,  for  that  year 
then  next  following :  which  Commifiion,  or  Letter- Patents,  fealed  by  the  Broad-Seal,  o#««»  c*>«f. 
or  Great-Seal  in  the  cuftody  of  the  Lord  Chancellour,  compleats  his  Authority  as  She-  j*"Jjf  „5^„; 
riff.   Tor,  no  Authority  in  the  Kings  Dominions  is  aflumeable  by  any  fubjeft,  but  that  Fictflfft  2.  c.  i». 
which  either  is  warranted  by  Common;  or  Statute  Law,  or  prefcri- 

prion,  or  by  the  Broad-Seal;  which  is  fo  effeduall  an  Authority,     solium  u»m»  pr,bct  ^mbmmcm  h- 
that  Honours,  Offices,  Profits,  Pardons,  all  the  great  things  of  the    'Zt^C&frXJSjitnfl^  fi?*^ 
Nation  pafs  by  it^which  was  the  reafon  that  Edward  the  Tirfi  caufed     «./«*/<«  «•<> t,n,  fata  «»/fj»*w.  tfc»- 
both  the  Charters,  of  Magna  Chart*,  and  Charta  de  Forefia,  to  be     lotfin-  hb>  4»;  "*' ,+'  Seft' 6' 
fent,  under  the  Great  Seale,  to  all  Perfons,  and  Places  of  Note,     str.u  w.  1.  a. 
there  faf»  to  be  kept :  The  Great  Scale  of  the  King  importing  his 
High  Good- Will  andPleafure,  to  Rave  thofe  darling  Laws  inviolable ;  yea,  for  that 
the  Broad-Seal  is  fo  lively  a  Print  of  Sovereign  Majefty,  the  Statute  of  28  E.  1.  c.  6. 
fayes  ,  There  fhall  no  Writ  from  henceforth,  that  touchtth  the  Common  Las*,  go  forth 
mnder  anj  of  the  Pettit  Sealesy  but  under  the  Broad- Seal :  and  the  Statute  of  25  £.  3. 
makes  the  counterfeiting  of  it  Treafon.     Good  reafon  then  has  the  Sheriff  to  fee  that 
be  have  the  Great-Seal  for  his  Authority ,  which  before  he  hath  the  Text  fuggefts. 

Sed  ipfe  antequam  Utcrat  Mas  rccipiat,  Jurabit  fufcr  SanUa  Dei  Evangelia  inter 
alia,  &c. 

This  fhews  the  wifdom of  our  princes',  that  before  they  will  Impower  any  Sub-  Z'j^'v'I^X' 

jedt,  though\never  fo  great  and  good,  by.their  great  Seale  to  do  any  thing,  they  xu.i«.b. 

will  bring  him  under  an  Oath,  to  do  his  doty  faithfully  and  confeionably,  according  to  Hm" Fc,l^V  * 

tht-ir  Royal  Intendment.and  the  Law  to  that  purpofe :  Now  this  feenrity  antecedent  to  ?%„  cafe,  s 

this  poffeffion,  the  Text  terms  furabit  fuper  Santla  Dei  Evangelia  (]  which  words  de-  ReP  f • »'  ■• 
roe  both  the  Matter  of  it,  Oath  ^and  the  Method  and  way  of  us  Adminiftration,  fuper 
Santla  Vei  Evangelia ;  Oathes  are  the  faered  bonds  that  determine  all  Controvcrne : 
Not  onely  God  himfelf  is  faid  to  fwcar  by  himfelf,  and  to  fweare  to  his  People  his  love 
to,  and  care  of  them  .-  but,  the  Saints  of  God,  in  Holy  Writ,  confirmed,  and  affu- 

red  any  truth  by  oath ,  from  which  the  Nations  learned  the  Religion  of  oaths  h  That  J  Matb.i.ii, 

as  the  ^rw;  did  fwear  by  Heaven  and  Earth,  and  by  the  Temple,  and  the  Gold,  by  ,4'35'3',}7* 

H  h  h  ferufalenij 


?5+ 


A  Commentary  upon  Fortes  cue. 


Symagm 

tttum. 

E;  lib.  <•'■  14.  c&-  ««W»  Mi  tail 


Lit.  1.  TtiTritni  St3ul*A*»rum. 
Dc  Form.   Juiandi. 


Tit. 


EraCm 

Chil. » 
*Ai*g.  II. 


Adag. 
Cn».  » 


Vit.  M.  Chtrtt. 
ptrt.z.  f.  lit. 
Cook  on  cap.  11. 
M.  Charta.  />.?*. 
£>tni  />/iy  dtUBa- 
tnr  xAmvrrkw 
q»am  Vcrbit. 


[mo  pr*cit*t* 
p.  io9.">Stac. 


Jerufalem,  and  by  their  own  heads,  which  our  Lord  increpites  them  for  prophana - 
ting-,  and  after,  per  caput  Regie,  &%per  Legem,  ftc  &  fie:     fo  the  Heathens !)  d 
their  Rites  and  Ceremonies  in  Swearing,  which  obfignated  the  Ma  jelly  of  that  part  of 
Religion.      Thloffanus  has  collected  the  feveral  Ceremonies  of 
jmi»  univeiC  />*.  $••  i«'   Nations,  and  the  fecurity  they  took  to  refidc  in  Oaths  ■,  andbecaufe 
Oaths  principally  and  properly  are  made  to  God,  the  Scripture  ac- 
counts Oaths   a   part  of  Holy  Woifhip,   and  accordingly    the 
later  Jews  did  fwear  byputting  their  hands  upon  the  Books  of  the 
Law,  andthis  Oath  onely  thcjheldvalid,  faith  Dru/ivs,  adding,   fft 
knows  not  whether  from  this  example  comes  the  Chrifiians  eufiome  of 
[wearing  en  the  Go fpe Is  -s  which  the  Chriftian  World  has  embraced  ever    fince  Chrifh- 
anity  .-  (in  tDC  Gofpcls  being  contained  the  life,  death,  and  preaching  of  that  ftfus 
who  is  our  Saviour  and  fhall  be  our  Judge,  r.nd  to  whom  God  the  Father  has  com- 
mitted all  Judgement  of  whatfoever  is  done  in  the  flefh,  whether  it  be  good  or  evil.) 
Now  this  Book  fo  ferious,  fo  facred,  being  that  upon  which  the  Law  of  England  ap- 
points all  men  in  England  Witneffes   and  Officers  to  fwear,  adds  to  the  Emphafxs 
of  the  Oath,  and  brings  it  under  a  clofer  tye  of  Religion  then  otherwife  Oaths  would 
be  -,  for  though  Socrates  fwDre  by  a  Dog  and  a  Goofe,  and  others  had  th^ir  'PaJt.u3.f- 
3w®-  ofx«j,  not  onely  their  Oaths  that  exclude  every  thought  of  God  from  them  being 
Rhodomontado'd  to  exprefs  their  internal  putidnefs,  yet  Chrifiians  fhould  either  have 
the  Grace,  not  at  at  to  fwear ,  which  is  the  Letter  ofchrift's  Charge,  or  when  they  do 
fweare  before  the  Magistrate,  which  is  their  duty  to  do  being  required  thereto,  tefaear 
in  Judgement ,  right  eoufneffe  and  truth,  that  is,  fecundum  as  well  as  fuper  SakHa  Dei 
Evangelist. 

Qntdbene,  fideliter, indifferenter  exercebi(&  faciet Oflicium funm  toto  anm,  illonequc 
aliquidrecifiet  colore  ant  caufa. Officii  fui  ab  aliqut  alio  ejuam  a  Rege. 

This  Claufe  contains  the  fumme  of  his  Oath,  the  form  of  which  according  to  the 
Common-Law  is  fet  down  in  the  Books.and  the  Confirmation  ofit  in  thisdoublc-  That 
he  fhall  do  Iris  duty  in  his  Office,£f*e  to  Co6,bcnum  bene, perform  a  good  office  goodly- 
ly,  that  is,  pioafly  ;  fideliter  to  the  King  whofe  Officer  he  is,  indifferenter  to  King 
and  people,  high  and  low,  rich  and  poof,  according  to  the  Mandats  of  theLaw  and  the 
duty  of  Charity  :  Bene  as  a  Chrifhan,  Fideliter  as  a  Servant,  Indifferenter  as  an  ho- 
ned man  ■,  who  does  what  Juftice  enjoins,  unicuique  tribuere,  this  is  to  be  mtlioris 
difpofitionis  &  fama  then  thofe  are  that  care  not  what  they  are  or  doe,  fothey  may 
live  brave  and  dye  rich  :  but  this  being  a  back-door  to  Integrity,  the  Common-Law 
provided  againft,  by  that  appointment  of  the  Sheriff  to  take  nothing  for  the  exercife  of 
hisOffice,  but  ofthcKing.the  Matter  of  it  whofe  itis,  and  whofe  Servant  and  Bayliff 
the  Sheriff  is,  fee  the  Statute  af.i.c.  26.And  when  the  Statute  ofi^Hfi.cio  confirms 
the  3  E.  1 .  c .  26.  it  adds  onely  fomc  fmall  fees  that  the  Sheriff  migh»  take  •,  But  after 
that  this  Rule  of  the  Common- Law  was  altered,  and  that  the  Sheriff,  Coroner,  Coaler  ^ 
and  other  the  King's  Minifters,  might  in  fome  Cafe  take  of  the  SibjeH  -,  it  k  not  credi- 
ble what  Extortionsand  Oppreffiens  have  thereupon  enfued,  ft  dangerous  a  thing  it  «•  f 
(bake  or  alter  anj  of  the  Rules  or  fundamental  Points  of  the  Common-Law,  which  in  truth 
are  the  main  Pillars  and  Supporters  of  the  Fabrique  of  the  Common-wealth,  they  are  the 
words  of  Sir  Edward  Coek[;  who,  as  very  an  Oracle  as  he  was,  did  not  decline  this 
very  Authority  of  our  Chancellour  in  both  thofe  parts  of  his  learned  Comment  quoted 
in  the  Margent,  but  gives  him  a  raoft  noble  teftimony  as  in  the  Notes  on  the  fubfequcne 
Chapter  fhall  appear. 


CHAP. 


J Commtnt3Lrfkpon  F  or  te  s  cue.  '337 


CHAP.   xxv. 

Q*etiescfnt\M  centendentes  in  curiis  Regis  Angliar,  ad  exitum  placiti  fuper  materia 
faBi  dsvenerint,  Sec. 

THis  Chapter  treats  of  Juries,  wbich  Sir  Edward  Cook,  terms  The  nsoft  txaQ  and  I*  >>»  trios*  » 
equal  means  cf  producing  truth  of  an]  in   the  World;    and   becaufe,  what  our  'he%1^"rt- 
ChanceReur  in  this  and  the  following  Chapters  delivers  of  them,  ii  [aid  bjf  that  Sa^e, 
t»  deftrve  writing  in  Letters  of  Gold,  Therefore  will  I  begg  of  God  the  Grace,  and 
of  men  the  pardon  to  endeavour  fome  dilucidation  of  it  analogical!  to  it. 

.Centendentes.  ~]  Plaintiffs  and  Defendants,  ABores  &  j?«*,are  in  all  Lawes  faid  to  con-  Ctmentt;,neft. 
tend,  not  Mal.tia,  fedfuftitiacaufa,  not  fo  much  from  anger  and  choice  as  necefllty.  a*trnZ»  «». 
This  phrafe  Centendentes  is  ufed  in  all  Actions  of  Vehemence, Rivalry  and  Competition,  /"*"T>J>«f»«- 
and  it  imports  not  only  a  preoccupaiiori  of  that  we  arc  carryed  towards  by  the  velocity  Z^Jm'f-cXo. 
of  love  and  rage,  which  gives  wings,  and  fpeeds  feifure,  in  which  fenfe  our  Lord  fcems  lofr-  w-  ♦*•  ••  «• 
tointend  thofe  words,  the  Kingdom  of  Heaven  fuffers  violence,  and  the  violent  take  it  by  UtnW'  Mu" 
/ir«,{faith  putting  men,  while  on  earth,in  a  fiducial  or  fecond  real  pofleflion  of  it )  bnt 
alio  a  proftracion  and  annihilation  of  that  we  drive  againft,  contendere  ejxafi  ccntundere,  e«.i,.t. 
not  onely  to  alarum  and  ftorm,  but  to  raze  the  Walls  and  foundations  of  that  we  af-  ^s-10- 
fault,  this  is  the  nature  of  contendere^  which,' whon  it  is  the  fruit  of  uncharitablenefs 
is  to  be  deprecated  and  avoided;  fo  did  Abraham  with  Lot,  Let  there  be  no  contention 
between  me  and  thee,  for toe  are  Brethren,  for  thus  it  is  a  fruit  of  the  pfb,  difpleafmg 
to  God  and  exdufive  of  Heaven  :    thus  centendentes  Christians  ought  not  to  be,    but  as 
it  is  the  tryal  of  truth  before  the  Minifter  ofGod  thepublick  Magiftrate,  incuriisRe- 
git  Anglia,  fo  ic'is  lawfull  and  neceffary.     And  therefore  the  King's  Courts  arc  all- 
wayes  open  for  Adminiftration  of  juftice  to  all  perfons,  and  this  the  Law  has  wifely 
done  to  exprefs  its  care  ofChriftian  Crfarity  and  humane  Juftice :     Hence  Curia.  (Far-  rp"t"r  «**" 
ro  derives)  from  cur  a,  and  T  eft  us  fecondshim,  Curiae^  locus  ubi  public  as  cur  as  age-  U£™££ZS 
btnt  -,  whence  Agnus curioin  Plautus,  a  carrion- Lamb,  c\ut(i  confeBus  curis,  faith  Stnutr  mfirt 
•Jt-cman:     this  I  note  to  fhew  how  much  Magiftracy  deferves  of  fubjedion,  that  it  <""*»' w"M' 
•carksand  cares  for  remedy  of  evils,  and  appoints  Sahduaries  againft  Violence  ■,  popa'  ReJ."" 
and  does  that  not  partially  and  by  piece-meales,  but  fully  and  to  all  purpoles,  ut  nulla-  '«>»!• 
ttnus  effetdefeBus  fuftitia,  for  all  the  chief  Courts  are  contemporary,  So  that  no  man  trlfut  „  „„  , 
can  fa]  this  is  elder  and  that  is  later  of  them,  faith  Sir  Ed.  Cook,.  '  -ty„,, 

Adexitum  placiti  fuper  materia  faBi  deventri»t.~]     This  Exitus  f lac iti  is  the  fame 
with  the  Civilians  caufa  flatus  cemptfitio,  and  it  is  previous,  and  in  potentia  proxima 
to  tryal.    Concerning  it,  fee  the  Notes  on  the  twentie:h  Chapter,  where  the  materia  cook  «  tittle- 
faBi  is  to  be  tryed  by  the  Jury  ot  t welve  men,  who  are  to  try  the  fad,  a9  the  Judges,  »»•?•»»• 
I  humbly  conceive,  are  i\\c  ejntjlioj.tris,  either  upon  demurrer,  fpecial  Vcrdid,  or 
Exceptions,   for  cuilibet  in fua  arte fcrito  eft  crtdendam. 

Nqjv  as  the  Juftice*  are  alwayes  ready  in  order  to  hear  caufes,  fo  do  they  of courfe 
fend  ou  Writs  to  empannel  Juries  to  fervc.for  the  moft  part,on  thofe  caufes.and  that  con- 
cifi.fo  areche  words,  Ccncith  Juflitiariipcr  breve  Regis  f crib  unt  Vicecomiti.  ~]  This  is  ac- 
cordjrg^o  the  rule  of  the  Common-Law  to  which  our  Text  relates,  and  which  the  later 
Matures  illuftrate  and  make  addition  to  •,  fo  fjyes  the  Statute  3  5  H.  8.  c.  6.  And  there-  cook«  Little- 
fore  rhe  Text  fayes,  die  Writs  preparatory  (hall  iffue  forth  ccncith,  becaufe  the  Law  ton.  fig.u4- 
allowes  time  enough  to  prepare,  and  abhorrs  furprife  •  the  defign  of  the  Kings  Courts 
being  to  promote  Juftice  that  it  may  rundown  like  a  mighty  ftream  ,  therefore  Co- 
pies of  PanncU  are  to  be  allowed  the  parties  Gx  dayes  before  the  Seflior.s  of  the  Jufti- 
ce*, 41  E.ic.  i\.  6  H-  6.c.  2. 

Juffitiarii.2  Of  thefe  I  have  written  before,  and  fhall  doc  in  the  Notes  on  e.  51. 
yet  !  crave  leave  to  write,  that  within  this  word  are  contained  not  onely  the  Juftice* 

H h  b  x  oT 


#6  A  Commentary  upon  Fortescue. 

°n  Lmut,».  p.     of  the  Courts  at  fVeflminfier,  but  alfo  Juftices  of  Afcixe,  fo  is  my  authority  from  Sir 

• 

Per  breve  Regit,  [iribunt  I'iceCemiti]  Ihe  Venire  Facias  ifTucd  forth  according 

to  the  Common- Law,  and  the  Statute  3  5  /?.  8 .  c .  6.  is  called  Scriptum  Jnftitiariorumt 

^v'^'sc'jkV    becaufe  it  ifTucs  forthot  riieOfficeof  the  Court  which  they  prefide  in :  This  inflru- 

7.   [jilit.. c'V.  mentof  Authorization  to  the  Sheriff  to  fummon  a  Jury,  is  termed  Breve,  as  much  as 

Breviarihm,  not  only  in  the  Common,but  even  in  the  Civill  Laws, 
TholoCi.  Syntagm  ]*n ,  lib.  u.  c.t.  Rutim- m  libri  feu  ncainum  &  debitor  urn  breviaria  ncminabantur  -, 
ifu'jLu.  M.m  T>r,w  &  „ummm  Thus  Lamfridins  tells  us  Alexander  kntv  aU  hu  fouldiers  fo  welly  hat 
&  ttxtpora  miUt.KiHm,  Lamprnl.  m  a-  he  had  the  Breves, or  Notes  nominally  of  them  all ;  fo  (a)  Aurelian  is 
!??«   i    „    •-■        ■•  faid  to  have  Breve  nominum  ;  Herce  comes  the  Breves  in  Ecclefiafti- 

sudxus .»  Pa«deft.  p.  J5,.  Edit.  Bafii.  cal(£)Wnters,efpccially  the  late  Papal  ones .-  Vany  Breves  and  Bulls 
a.isj*.  .  from  Rome  we  have  had  mentioned  in  Ads  of  Parliament,  and  Hi- 

fi;  Thoiofs.  u.  ,7.  c. „.  s.a  J+.  ftorians .  Thus  k  grcw  ifJ  ufe  with  Lawyers  very  antiently  here,  to 

•*_        ..         ■'"■.  '        call  the  Summaries  of  the  Caufe  Briefs,  or  Breves,  and  in  Englifh 

'(c)  Drtviq'idtmcum  fit  ftrm<UHm*d  ft-  .  .  r     _       _         •'_.  j    .  •      _  i  i  "      , 

mMt*d>nm*8*i*  t*r»  **•»  heater  &  Writs,  becaufe  written  ;  fo  Bretton,  Fleta,  and  Sir  Edward  Cook 
pauai  vtrh,  mtntuntm pnfimtis  txpomt  }  c  )  difcourfe  at  large,  of  both  Original,  Judicial,  Reall ,  Perfe- 
ct *,,„„.  BtaftonW.}././.4>».  ^  v]xcd  .  am}  other  tyritSj  and  efpecially  Fit*  Herbert  in  his 

Fieta.  hi,,  ten.  Natura  Brevium,  and  the  Regifter,  all  which  point  to  the  knowlcdg 

i  infitm. p.  7»-  0f  \yritSj  as  a  great  piece  of  Law  Learning. 

Quod  ipfe  venire  faciet  coram  iisdem   fuflitiariU  ddcertttm  diem  per  tes  limit atum 
duodecem  prebos  &  legates  homines  de  vicenfto,  ubi  Ulud  fallum  fupponitur. 

Venire  Faciet."]  This  is  to  be  underflood,  not  compulfive,  but  declarative :  the  She- 
riff is  not  bytheptffe  cemitatns  raifedon  them  to  compell  them;  but  byfummons 
to  notifie  to  them  their  return,  and  to  fhew  i  hem  the  Pannel ;  42  E.  ?.  c.i  1 .  6  H.  6. 

cook  inflh.  1  p-  c  2    an(j  |£  any  juror  jjC  rcturned  that  is  not  fummoned,  the  Sheriff  is  finable  :  3  5  H. 

fii  8.c.6.  27  EHz.c.6.  and ,  in  cafe  the  fummoned  have  no  juft  excufe  which  the  Law 

allows,  they  loofe  ifluesby  non-appearance  ■,  1  Eiix.c.16.  but  the  Aft  of  Godoro- 
ther  juft  detinue  fhali  excufe  them,rrovidedit  be  made  out  to,ar.d allowed  by  the  Court. 

Duodecem  prebos  &  legates  homines,  Sec.']  See  my  Notes  on  the  twentieth  Chapter, 
and  concerning  the  number  Twelv e,(ce  Lerinus  in  1  ABor.v.x  i.Salmercn  1  Part,7><»#. 
28.  Tom.4  p.25 1,252.  Toflatus  in  Matth.e. io.  qmtfi.  24,  Brentius  Hcmilin  6  c.  Lu- 
$*,  SpelmanGlofsp.  399.  where  the  number  12  is  notably  inftanced  in,  asefteemable 
in  all  Laws,  efpecially  when  together,  with  the  numbers  there  is  weight  in  them-,  For, 
that  is  the  Import  of  probos  &  legates  hemines.  ]  as  much  as  Sacramentdes,  men  that 
know,  and  make  confeience  of  their  Oath  1  Liberi  &  legates,  men  that  are  engaged  to 
no  Lord,  fo  as  not  to  ufe  the  freedom  of  their  reafon,  and  integrity  •,  r.or  are  lureable 
by  rewards,or  pliable  through  need :  but,fuch  as  may  difpend  40.  shillings  by  the  year, 
at  leafi  of  Eftate  of  Free-hold,  out  of  anticnt  demefne  ;  fo  fayes  the  Statute  3  5  H.  8. 
c,  6.  Men  that  are<fc  vicineto  ,  next  Neighbours,  moft  fufficicxt,  and  leafi  fufpicicus  ; 

u,m  heprtuita-  2  8  £.  i .  c.  9    but  all  the  Learning  of  thofe  beirg  mod  elaborately  diicourfcd  upon 

"•  by  Sir  Edward  Cook^,  I  forbear  writing  further  hereof  it. 


jj^  neutram  par  Hum  fie  placitantium  uttaaffinitate  attixgint. 

Though  there  be  many  juft  exceptions  agjinft  Jury- men,  when  fummoned.which  n  Ot 
ll'af  C°"m-ut  oncly  ^'y  Praft'fr\but  good  Authours  jultifie  ;  yet  the  moft  of  them  are  omitted  p  ar- 
tieton!*'"   W'    ticularizing  here,ar,d  onely  this  of  affinity  is  alledgedjtobeabirr  to  the  Sheriffs  fum- 

mons  of  any  who  is  fo  related  to  either  party  ■,  Y or,  affinity  being 
cum  du*  „£,*»»*>•  •'"'"■  fi  ^'fr  f  contracted  byMarrifge,  and  Women  being  potent  Orators  with 
wpua  opuumur  &  tthtr*  *d  titerm!  fi  jj^j,.  Husbands  who  naturally  and  wifely  indulge  their  wives  •,  the 
us  tu,d,t,  md.  d,a,ur  Affiou.  ]  c...     Comrnon  Uw ^^cly  exc|udes  thefe  fmiBCeSi  left  their  relation. 

fhould  preponderate  their  love  to  juflice,ar.d  they  forget  to  do  right, 
when  fo  to  do,  is  to  wrong  (recording  to  the  vulgar  notion  of  wrorg  )  their  Kinfma  n: 

•  And 


Budxus  in  Pan- 


A  Commentary  upon  Fortescue.  337 

And  if  this  were  part  ofthecaufe(as  I  believe  it  wis)  of  the  Statute  8  R.i.c.z.  that  no 
man  of  Uwfhould  ride  Judge  of  Affizc,  or  Goal-delivery  in  hi?  own  Country  or 
v.- Ik  re  he  dwells,  confirmed  by  11H.+.C.2.   and  by  the  3  3  H.  8.  c.  24.    where  the 
words  arc,  Whereby  (erne  je^leu fie  (fpe*?.king  of  fome  that  contrary  to  .the  8  it.  2. 
had  obtained  co  be  Juftices  in  their  own  Counties  )  of  their  afftflioa  and  favour  tt- 
Xetrdr  th;ir  Kinsmen,  Alliance,  and  Trunds  within  the  faid  County  or  Counties  where  N°te  **"*• 
tb.y  tytre  born  or  inhabiting,  hath  been  conceived  and  had  againfl  them  by  the  King's 
jt.r  ft  loving  Sub]c8s  of  the  fame  Countries  and  Counties.    Therefore  the   Lnaftion  is  in 
the  negative,  and  btcaufe  Juftice  ought  not  to  be  deferred  or  denyed  to  any  man, 
nor  ought  any  man  to  be  condemned  but  by  the  laws  full  tryjl  9  H.^.c.  29.  that  is, 
by  good  and  true  impartial  Juries,  confiding  of  men  neither  indigent,  nor  byaffed  ■,  for 
fo  the  Common-Law  intends,  againft  which  no  Judge  is  to  goe,  2  £.  3.  c.  8.  5  E.  3.  »inft«.  fi««. 
c.  0.  good  caufe  is  there  that  Juries  (without  which  tryals  and  judgements  cannot  le- 
gally in  ordinary  be)  fhould  be  compaft  of  fuch  as  may  verdict  Juftice,  which  they  will 
readylieft  doe,  when  they  arc  unuuerefted  as  well  in  point  of  Alliance  as  Profit. 

Jdrecognefcendum  fuper  S*cramcnta.~\  That  Juries  are  to  be  fworn  before  they 
arc  empanr.elled  l  have  heretofore  wrote  of,  what  they  are  to  doe  in  thefe  their  Gears 
the  word  recogmfeendum  makes  forth,    and  that  is  taken  in  Authours  for  aftimare,  *«&" 
eonfiderare,  to  heed  and  obferve  fo,  as  to  give  a  clear  and  fad  judgement  of  the  na- 
ture of  that  they  recognize  ^  fo  Tally,  Literastuas  Hbenter  legi  recognovi  eftim  tuam  f.f'^  **An]e- 
p  ifjnamvirtutem,    thence  dona,amorem,  Vetera  recegntfeere  is  in  good  Authours  fre-  rhoioff.  symag. 
qucnttocxprcfle  the  lively  Characters  and  great  Impreffion  of  any  thing  in  the  minde,  J"»<*  J  <•»■ 
and  the  value  of  it.  Sipentinus  by  recog  nofcere  undcrftands,  Opus  ctmpofuum  emendandi,        !' 
aut  limandi,  aut  reprchendendi  caufa  revidere,  to  review,  perute,  and  ponder  before  we 
paffe  it,   as  I'ltnj  fayes  He  did  four  times  at  Itaft  every  thing  he  Wrote,  and  that  at  fome 
Intervals,  aid  to  confider  it  as  if  it  were  more  concerned  pro  Regina  juflitia  &  veri-  Duntum  ««£. 
tin,  ihen  pro  Vomina  Phantafitf  Regina,  fo  to  look  narrowly  into  it,  as  that  we  fpie  "^"'jf'0'" 
ry  tittle  and  cranny  of-it  •    thus  Suetonius  ufes  the  word  of  Caligula.  Eauites  Rt-  taIm  \dmpt, 
m  ms  fever  t  curiofeaue  nee  fine  mode-rat ione  recogmvit :     the  fenfe  ot  our  Text  then  is,  *V°  lmhm  Mt 
:  the  Jury  are  fo  to  follow  the  caufe  with  their  attention  throughthc  whole  ma.  ^Z^u%cfZ' 
nageofthe  tvidence,  and  after  when  they  are  from  thoBarr  by  thcmfelves,  fo  to  re-  ».x<. 
vive  and  make  ufe  of  their  Memories,  Notes,  and  Obfervances,  that  they  recoming  to 
the  Barr,  and  being  demanded  by  the  Court  whether  they  arc  all  agreed,  {hall  plc- 
nanly  affirm  their  Vcrdift  and  anfwear  chearfully  by  their  foreman  what  the  common 
Concluiion  of  them  all  is.     And  this  the  Law  calls  Verdiltum  from  the  prefumption  it 
bas  that  thofc  that  arc  Iudgesofit  do  therein  confider  the  Alienations,  Defences,  and 
proofs*  and  after  poifing  them  give  the  down-right  to  that  fide  that  has  truth  on  it, 
whether  Plaintiff  or  Defendant,  which  is  the  Summe  of  our  Text. 

6>i!t  adventcnte  die,    Yicecomes  retnrnabit  breve  frtdiftum  coram  eisdem  fnfiitiariist 
una  cum  VantlU  mminum  eornndem  auos  ipft  ad  hoc  fummonuit. 

This  is  accordirg  to  the  Common  Law  and  the  prementioned  Statutes  upon  itfecon- 
dedby  the  fubfequent  ones,  3  s  H-  8.  c.  6.  and  others -,  and  the  tenor  of  thcclaufc 
is  txegeucalofthel.awcs  punftuality.  Injury  is  done  which  the  Law  muff  right,  a 
Complaint  or  Declaration  is  entred  in  the  Court-,  pleaded  to,  I  ffuc  joined,  and  to 
compkat  it  a  Writ  is  directed  to  the  Sheriff  tofnmmon  a  Jury  of  twelve  able  and  ho- 
neft  men  to  Try  the  matter  of  faft  •,  the  Sheriff  obferves  it,  confiders,  and  frames  fit 
menintoaPannell,  fummons  them  to  the  certain  Service  upon  the  certain  day  of  the 
return-of  the  Writ  •,  the  Writ  with  the  Pannell  he  returns  to  the  Court,  iisdem  fu- 
fkiti.rf.is,  from  whom  he  had  his  Writ  to  fummon,  and  this  brings  the  caufc  totryal 
by  twelve,  or  thefailing  Jurors  to  lofe  their  lffues  :  fo  exaft  is  the  Law  that  it  leavs 
no  hingui  certain,  but  requires  an  account  of  all  its  Intrufts,  Returnabit  coram  Us'  • 
demfuflitiariis  breve  frtdiUum. 

Z!na  cp.m  Pave  Ho.  3  This  is  a  word  of  art  applyed  to  that  piece  of  Parchment  which 
is  Table-wife,  in  figure  oblong  and  narrow/  being  the  diminutive  of  a  Pane,  which  is 

large 


238  A  Commentary  upon  Fortescue. 

cook.  i.  /•«#■>.  large  and  fquare  s  fo  Pannel  is  the  name  ofth'at  habiliment  which  Horfemen  ufe,  thtf 
«LittU^.n«.B.  pannci  0f  a  saddle,  ardPannellsofWaindfcot,  and  Panes  of  Glafle  are  frequently  un- 
derftood  by  us  •,  probably  this  name  was  given  to  the  Parchment  from  the  Tabular  fi- 
gure of  it,  itbeingjrequentofold  to  write  irr  Tables  or  .Panes  and  Pannells  of  Stone 
or  Wood  before  Parchment  or  Paper  came  in  ufe ,  yea  here  in  England  it  was  ufual 
heretofore,  and  yet  in  fome  places  is,  to  write  in  Panes  or  Tables  of  Slare.  This  is 
the  rife  of  the  word,  which,  as  it  relates  to  Jurors,  may  admit  of  an  Etymology, 
which  though  it  be  not  genuine,  yet  may  be  harmonious  to  the  fcnfc'of  the  Text.  Pan- 
nci quafi  Pan-i\\,  a  word  parted  between  Greek  and  Englifh,  borrowing  from  tan 
the  God  ofRufticks  its  more  frequent  ufe  (  for  Country-yeomen  ride  molt  upon  Pan- 
nells,  )  and  from  *//,  as  the  twelve  in  the  ^ury  make  but  one  body  with  one  heart  to 
try,  'and  one  torgue  to  deliver  judgement  on  the  fact  in  lffue,that  which  (according  to 
this)  is  ts  legal  import,  fed  hac  oltiter  &  leniter. 

%  u.'.rf".0!'*.        Q*»s  ad  hoc  fummonuit.  3  This  whole  Subject  of  juries  is  fo  learnedly  written  on 

Littleton. '        bynw  prementioned  Oracle,  that  it's  arrogance  almoft  to  endeavour  Addition,  as 

'twill  be  fo  little  purpofe  to  offer  the  learned  Reader  a  Repetition ;  that  therefore 

which  I  enlarge  on  is  that  which  by  him  is  omitted,  the  Grammatical  Notation  of  the 

word  whence  the  legal  follows.    Summoneo'isahw  word,notofthefenfethat  moneoor 

admoneo'w,  for  that  is  the  Aft  of  ones  equall  or  friend,  and  a  branch 

k)»jvj.».tj.  .  of  charity,  which  theApoftle  (4)  directs  to,  and  which  (b)  Mofes 

obferving  grew  the  man  he  was  by  it,  as  it  declared  the  regularity  of 
(b)  ««*.*.  s.  his  foul,  which  knew  obedience  became  it,  not  this  fenfe  has  fum- 

monitio  barely,  but  an  aggravated  one,  fummmtus  quafi  fubmoni- 
c»m  in  mimrn*  imfermm  conttmmwr  ix  tfU  (  m  being  doubled  for  Euphony  and  h  rejefted)  admonifhcd 
.mntf»r,,v»ut»r.  Regui.  under  the  painj  and  dctrimemi  tb^  ^  Contempt  of  the  King's 

Writs  and  Courts  can  and  will  inflift,  wbich  though  it  be  not  high 
Liptimtm  f»mrmnitionim  rmprt  in  yet  js  enough  to  punifh  the  purfe,  and  declare  alfo  the  difpleafure  of 
^c:SJ:::l7V^n:ilZ:.  Authority,  even  as  much tilth*  words,  Asjou^Hlanf^eartbc 
am  <f»tdtm  fi  n>n  mveniatnr,  f»$tit,  fi  contrary  at  jour  Peril  :  which  to  avoid  as  the  fummons  is  to  be  pun- 
s' ^^»BfdfiJr^i^r  k'£o£  ^aaI«  and  that  if  need  be  upon  Oath,  fo  the  Iflues  loft  are  certain 
ctf?f$n- "*'  .  "  tobelevyed,  except  the  Court  do  alleviate  by  admitting  the  De- 

faulters excufe,  as  by  the  Law  they  may. 

1  Quo*  fivetterint  titraqnc  pars  recti fart  pot erir, 

This  is  done  in  pure  favour  to  Juftice  •,  for,  though  the  Sheriffbc  a  fworne  officer, 
and  ought  not  to  return  men  partially  called  ,  but  to  take  them  promifcuoufly,  where 
they  topically  are  (admitting  there  be  fitting  men  in  the  hundred  to  ferve,  as  every 
where  in  £»^//r«<idiffufed  there  is )  yet,  leaft  the  Sheriff  fhould  by  a  bribe,  which  ex- 
oculatcs  Juftice,  or  for  favour  or  envy  pack  a  Jury,  the  Law  allows  exceptions,  and  ad- 
Sn  Ed.  cook. ',  mits  a  fcrutiny  of  the  Pannell,  the  manner  of  which  I  refer  to  the  grave  Judge,  whom 
/itf.m.cmLitt.  I  often  herein  quote,  moft  highly  applauding  the  wifdom  and.Juftice  of  the  Law,  thus 
to  obviate  a  rnichief,  fo  out  ofmeafurc  m.fchieveous,  as  but  for  this  there  would  be  in 
allcaufes,  andagainftall  perfons.  For,  were  the  Sheriff  left  to  a  latitude,  and  what  re- 
turn he  makes  muft  ferve,  though  never  fo  tortious,  partial,  and  impotent,  that  partia- 
lity would  be  fouftd  in  Juries  that  has  been  found  every  where,  where  fidings  and  pack- 
>  ings  are  to  promote  parties,  and  fupprefs  Juftice,  which,  becaufe  the  Law  natc«,there- 
fore  it  allows  thefe  checks  to  all  exorbitances,  which,  had  that  pee\\Ch  Afelvile  in  the 
Presbytery  of  St.  Andrews  in  Scotland  conhdered,  asreafonably  he  ought,  he  would  not 
have  endeavoured  boyfteroufly  to  carry  the  Choice  of  the  Minifter  to  the  Church  of 
Sc9a«d°/>  j««.  Lockhart,  when  he  had  but  Gx  only  oftheFr?.ternity  with  him, againft  Mr.  Baehanans 
fide,  with  which  there  was  of  the  fame  body  nineteen  or  twenty,  bluftring  againft  the 
Major  number  (  which  every  where  carries  it)  with  that  impudence,  fuffragia  funt 
ponderanda  non  numeratida  y  the  pride  and  injuftice  of  which  partiality  is  fo  much  the 
more  deteftable,  as  it  pretended  better  then  it  praftifed.  To  prevent  which,  the  Text 
fayes,  Vtraqut  pars  rccufare  poterit,  and  that  alleadging  their  reafon*,  Dicends  quod 
Vicecomes  pancRum  illud  favorab; 'liter  fecit  pro  parti  altera  :  viz,  dc  perfenit  n  iuus  in. 

different ibn 


A  Commentary  upon  Fortescue,  5^9 


St8.  nt. 


difermtlbta  ;  concerning  this  fee  Sir  Edward  Cook,  on  Littleton,  p.  156,  157,  &c.  and 
to  remedy  this,  by  a  fit  return,  was  the  Statute  of  27  Eli*,  c.  6.  made  .  and  that  Ju- 
ries excepred  againft,  might  not  occafion  the  Caufes  nou  Trial,  the  4  and  5  Philip  and 
Jlf.1ry.c7.  grants  a  Tales  cum  CircumftantibuH ,  the  great  end  of  the  Law  being  to 
prun.ote  Juftice  ■,  all  proper  means  thereunto  is  promoted  by  the  Law, which  this  being, 
the  Stature  was  very  rightly  made,  and  very  worthily  continued.     , 

Qua  exceftio  ft  comperta  futrit  vera,  per  Sacramentum  duorum  homintim  de  eodem    ' 
parte  Ho ,  adhoc  per  fuftieiarios  elellorum  ,  mox  HludpaneHum  quajfabitur. 

This  is  the  Common  Law ,  in  cafe  of  exception ,  which  yet  is  appointed  to  be 
approved  joft ,  by  that  which  is  by  Gods  declaration  an  Oath ,  the  dirempticn  of  all  «  Hcb.  i«. 
cent  rover  fie  :  and  by  the  Oath  of  two  -,  That  in  the  mouth  of  tVot  or  three  Vritneffes  eve-  '7  Deut.  <f. 
rj  vrord  might  be  eftablifhed :  Now  this  the  Law  docs,  as  well  to  prevent  levity  and 
fpleen  againft  the  Sheriff,  as  to  reprefs  his  partiality  and  injuftice  to  the  caufe  ;  fince,  as 
if  k  be  an  exception  on  good  grounds,  it  muft  ftand ;  fo  if  it  be  not,  it  muft  not  be  al- 
lowed for  fuch  .-  theretbre  the  exception  muft  be  exceptio,  not  prelata,  but  comperta  ■, 
not  alledged,  but  made  good  by  matter  found  after  enquiry :  comperta  vera,  that's  ex- 
ception indeed,  when  tis  not  onely  words,  but  truth  •  not  furmife,  or  (lander,  but  rea- 
lity made  out  by  difcovery  of  the  motives  and  methods  of  it :  and  vera  per  [acramtn- 
tvra  ;  net  by  the  belief  or  perfwafion,  but  the  Oath  and  veracity ;  not  of  one,  or  all, 
but  of  two  :  nor  of  any  two,  but  duorum  de  eodem  pa/ieBo  ad  hot  per  fuftitiarios  elello- 
rum  -,  the  beft  and  moft  accomplished  of  the  Pannel,  whom  the  Judges  fuppofe  leaft 
privy,  or  plyable  to  partiality ,  thefe  are  to  confider  the  exception :  and,  if  upon  the 
oath  they  have  taken,  they  judge  the  exception  juft  and  true,  Mox  tanetum  iindquaf- 
fubitur  ■,  not  only  fhall  the  Paniiell  be  fhaken,  and  under  a  harrafs  and  fufpition,  but 
(hall  be  totally  nulled  and  evacuated.  £lu«fhtd  qua  ft  Afbed,  reduced  t©  its  firft  nothing, 
void,  and  of  no  effeft. 

Et  fuititiarii  tune  fcribent  Cortnatoribus  quod  ipft  novum  faciant  FaneMum. 

• 
The  Sheriff  having  forfeited  his  credit  once ,  the  Law  trufts  him  no  further  with  the 
return  of  the  new  Pannell ,  but  a  Writ  iffues  forth  to  the  Coroner  ;  Coroners  were 
anciently  officers  of  great  credit,  but  time  difcrediting  them ,  their  rate  was  fain  to  be 
raiftd  by  the- Statute  3  E.  1.  c.  10.  which  fayes ,  It  is  provided ,  that  through   all 
Shires  :  efficient  men  /hall  be  chofen  to  be  Coroners  of  the  moft  wife  and  difcrett  Knights, 
vhich  know,  wiH,  and  may  beft  attend  upon  fuch  cfiices.  The  office  of  a  Coroner,  the  Sta- 
tute 4  .E.i.  exemplifies,  and  Fleta,  lib.  2.  c.xS.  but  more  particularly  the  Statutes  of  z>'0$a»cmn* 
28  E.  I.e.  6.  j  H.  7.  c  I.  1  &  2  Philip  &  Mary  c.  13.   1  H.  S.c.  7.    52  H.  3.  24.  '""' 
28  £.  it.  ?.    %iH.  8.c.  12.  2*  H.  6.  c.  11.   2H.  i.e.  8.  And 

the  dignity  of  this  officer  appears  in  that  he  is  the  moft  ancient  offi-     ^i*d ""  c°r""  •#oW"  /♦"*»/'"  c!t 
cer  of  the  Crown,  and  was  wont  to  be  of  Knights,  and  the  beft    u„wf,  r/^  i^mu  W""™'  "*-. 
men  of  the  County  •,  yea,  and  the  greateft  Judge  of  the  Common     «'  \<.S"  i"  4**°  I**™"  **»&"*  c"*- 
Law  Courts,  1  he  Chiefe  Juftice  of 'the  Kings  Bench  is  the  chiefc     *""  "*"""  f' Sp,lraan '"  ^  '•  tw' 
Coroner  of  England :  whereas  then  tis  faid,  fcribent  Ceronatoribus.     fcegift.  fit- 177. 
Tis  intended  of  the  Coroners  of  the  Shire,  or  the  Hundred,  that 
they  being  officers  as  well  as  Sheriffs,  and  under-sheriffs,  23  H.6.  c.  11.  and  being 
men  of  Efkite  in  the  fhire,  according  totheStatute  14  E.  %.c.  8. 1.  fhall  make  a  juft 
and  indifferent  return  of  perfons,  omni  e xctptitne  majores,  and  that  is  no  novum  face- 
re  pane  Hum  ■,  id  eft  return  men  to  ferve  in  it,  that  fear  God ,  and  love-  truth ,  and 
that  will  do  nothing  for  favour  or  affection  againft  them  .-  which,"  it  they  fhall  not  do, 
as  fall  out  it  may,  that  corruption  may  go  thorough  the  warp  and  wooff  ( as  men 
proverbially  fay)  of  thefe  officers  mirufterial/fww  &  Hind  quajfabitur. 

Et  tunc   fuilttiarii  eltgent  duos  de  clericis  curia  ittitts  vtl  alios  de  eodem  comita- 
te, qui  in  prafentia  curiaper  eorum  facr amentum  facitnt  indiferens  panellum. 

This  is  the  third  remedy  of  partiality  in  return  of  Juries,  the  Juftices  may  for  de- 
fault 


w 


(if.  14.  f  •  407. 

%  Inftit. 

(i,  Lib.  i.e.  l!> 


Cltrici  tlimfutmnt  Ugtlei  dr  brtvid  iilti 
tamnt,  fsribtlani,  JifiulrAM.  M.  Paiif. 
p.  107.  ^Iddil.p.  IjO. 

G!aft.  *i  M.  Faiif.  M  vrri«  Clerici. 


Stint  tmuim  eft  qui  fine  amice  eft. 

Euripides  >*Hcracl. 
(a)  Mark.  6.  7. 


«•>  Sut.i  Weft- 
min.  f.  47p.47»- 
i  liiflit. 


Zu«iget'<«  Tfc«- 
mro  v  human*, 
/>.  1141- 
Lib.  If.    C.  2. 

AnihrOp. 
Fulgofus  till.  J. 
c  ]■ 


fulgofus  lit.  j. 

c  J. 

.  frtfter  quam  rem 

n'.Jcr.us    umbos 
Tip.  fomnnm  *- 
diltt  creavit. 
Idem  eodtm  teco. 

Carimbeitus  lib. 
3.  7)«  1/1(1;  Te»- 
tifit. 


^Commentary  upon  Fortescue. 

fruit  of  the  Sheriff  and  Coroner  chofe  two  Clerks  of  the  Coarc  •,  now  Clerks  and  Cle- 
rici have  divers  acceptations,  generally  all  men  literate  were  thus  called,  andbecaufe 
Church  men  were  moftly  of  old  fuch  officers.therefore  all  men  that  are  Bcokifli  are  faid 
to  be  Clerkly.  Thus  in  the  Stat.  2  mftminft.  thofc  there  called  clerici  were  of  old 
MagiftriCanccKarii,  and  faith  Sir  Edward  Cook^,  were  affociated  to  the  Lord  Chancel- 
lour  :  (i)Fleta  calls  Clerici,  honefti  &  circumjpcEti,  and  in  Stat.  13  &  14  H.  8. 
c.8.  mention  is  made  of  the  fix  Clerks  of  the  Chancery,  who,  becaufethey  were 
Clergy- men  ( I  fuppofe )  and  were  not  marriable  according  to  the  Canons,  are  by  that 
Statute  allowed  Marriage ;  fo  in  the  9  E.  2.  c.  8.  the  Clerks  of  the  Exchequer  are 
allowed  non-refidence  from  their  Churches  (for  Clergy-men  they  were)and  the  rcafon 
is  given  by  the  Statute,  Andfuch  things  at  be  thonght  neeefjary  fur  the  King  and  the 
Common-wealth,  ought  not  to  befaidto  be  prejudicial  to  the  liberty  of  the  Churth. 

Clerici  then  in  the  utmolt  of  the  Notion  is  not  meant  here,  but 
onely  forWttendants  in  the  Court,  who  are  honeft  knowing  men 
and  will  do  their  duty  being  fworn  and  called  thereunto.  Thus  men- 
tion is  made  of  Clerks  in  the  Statutes  33  H.  8.  c  24.  27  H.  8.  c.i  1. 
2  H.  4. f.  «o.  34 &  35  H.  i.e.  14.  and  many  other  Statutes,  and 
thefe  notwitManding  the  Law  couples  •,  not  to  one  of  them  does  ic 
commit  the  Reformation  of  antecedent  errours  inPannells,  but  to 
two  Clerks  the  Law  commits  it,  7V«,becaufe  Two  are  better  then  cne, 
lefs  probable  to  be  byaffed  and  corrupted  ;  vafcli  is  true  even  in  this 
fenfc,  for  as  the  Comedian  fayes,  That  which  one  hand  does  is  [claim 
7>  tfefluallj  done  •  our  Lord  therefore  fentout  his  (a)  Apoftles  by 

Two's,  that  they  fhould  comfort  and  affift  one  another  in  the  work 
of  their  Miniftery  •  as  Natures  perfection  is  made  up  of  two,  fo  the,  Lawes  execution 
(which  is  the  life  of  it )  in  this  cafe  of  Juries,  is  accomplifhcd  ftr  duos  Clericos,  and 
therefore  Here  is  provifien  made  for  the  continual,  due,  and  fpeedj  execution  of  the  Law, 
faitfi  Sir  Edward  Cook, .  This  being  done  and  the  Pannel  not  being  exceptable  againft, 
the  Law,  that  abho.rs  corruption,  avoids  alfo  delay  and  progrefliOH  in  infinitum , 
thereupon  a  proceeding  is  to  tryal,  and  the  impannellcd  come  into  Court. 

Sedcttmvenerint  fie  impanellati,8ic.  Still  the  liberty  of  exception  againfl:  the  Jury 
is  allowed,  and  that  not  vagely  as  exprtfiion  of  humour  or  defign  of  protraction  may 
aim  at :  for  the  Law  being  arsaqui  &  boni  hates  and  declines  that,  but  as  the  exception 
is  rationally  grounded,  and  as  it  has  a  more  then  ordinary  right  co  carry  it  to  the 
centre  of  credit  and  approbation  with  the  Court. 

Vicente  tjuod  impaneUdtns  iSe  eft  cenfanguineus.']  This  is  to  be  underftood  of  kin  by 
the  whole  bloud,  ex  tttrnjue  Parinte,  and  that  this  nearnefs  may  have  great  influenceon 
men  is  clear  is  the  Examples  of  Melampus  to  Bjas,  Xerxes  to  Mafftes,  of  Scipie  Nu- 
m  ant  inns  to  Fabius^  of  the  two  Brothers,  one  in  Pempn's  Army,  the  other  in  Cynna's, 
which  Volateran  mentions,  of  the  two  Brothers  baniuied  whom  Fulgofus  writes  of, 
o( Tjtcrius  to  Dm/us,  Commodus  to  his  fitter,  Leopold  Arch-Duke  of  Auftria  to  his 
Brother  Frederick,  the  Fair,  with  hundred  of  others,  but  above  all  there  are  three 
that  I  read  of  moft  remarkable,  Thefirft,  fazates  King  of  the  Adiabenes,  who,  though 
he  had  four  and  twenty  fons,  yet  left  his  Kingdom  when  he  dyed  to  bis  oaely  Brother 
Monobazcs  ■,  The  fecond  is  of  Z, «£•«&«  the  Roman  Senator,  who  though  much  elder 
then  his  Brother  Marias  in  love  to  him  would  not  be  a  Magiftrate,  rill  his  Brother 
cametoyearstobeaMagiftratc  alfo^  The  third  is  of  Anton)  Corarius  and  Gabriel 
Cendelmarius  Venetians,  and  Nephews  to  Gregory  the  Twelfth,  who  were  fo  endeared 
one  to  the  other,  tha'tthey  became  Monks  in  one  Houfe,  Anthtny  being  called  firft  by 
his  Father  to  Rome  would  not  go  without  his  Brother  Gabriel,  nor  would  he  accept 
the  Bifhoprick  of  Bononia,  till  his  Brother  were  Bifliop  of  Siena,  nor  would  he  be 
Cardinallated,  till  his  Brother  had  the  Cap  alfo,  both  of  them  were  Legates  a  latere 
in  the  Council  of  Conftanse,  at  lalt  Gabriel  was  called  to  the  Popedom  by  the  name  of 
Eugenius  the  Fourth,  when  Anthony  faw  his  Brother  had  given  him  the  flip,  he  re. 
turned  to  his  Cloifterat  Venice  for  grief:  thefe  and  the  like  Inftancesofthe  vehe- 
mence of  Confanguinity,  give  the  Law  occafion  to  make  confanguinity  an  exception 
to  a  Jury  man,  yd. 


A  Commentary  upn  F  o  r  t  e  s  c  u  $.  34.  i 

Vd  affinis  parti  titer  i.~]    This  is  Kindred  by  Marriage,  of  this  I 
have  written  heretofore,  fee  Tholcffantts  and  the  many  Authours     symajm.  Juris  univerfi, /<&.».<•  >. 
ihhim    and  the  Law  is  exclusive  of  this  becaufeit  isfuch  a  near-     „.     „„•„«,.  .    -, 

in  Mini,    aim   *     ,  "  _  Non  cogi  pojlunt  contra  proximo:  fr  affirm 

nefs    that    X&o/f  f»<if  "ty  next  of  Ktnn  tannjt  bj  the  Civil  Lawes     q«i  pnxmi  /»>«  uftari.   tit,  4s.  c.  ij. 
£f  compiled  to  mtnt§t  againfl  one.  &  *?• 

Vel  atnic{tiae>uacunejuetalifbiconjuntrus.~\    That  is,  not  friendly  at  large,  bat 
intimare  andftrift,  for  tufcit  nomen  amicitii  quimetmt,  he  that  has  a  friend  of  a  Iury 
docs  not  millruft  his  inclination  to,  and  endeavour  for  him  and  bis  caufe.     Indeed 
Friendflnp  is  the  potent  Magnetique  that  charms  all,  AgeHim  writes  a  whole  Chapter  of 
what  a  man  ought  to  do  for  his  fiend,  and  TuEj  penned  a  whole 

Book  Ve  Arr.icitia,  and  Seneca,  Plutarch,  Plato,  and  all  Moralifts  'A<«t    -ji  -Aam^  Zia.  tx»vhi. 

reckon Friendfhip  Inter  fuprema  vita  munera.     Friend/hip  the  one-  Erafm.  Adag.  Cent.  i.Chil.  1. 

ly  riches  and  happinefs  of  life  is  that  which  ought  to  be  admired  a.  Adag.  8. 

bove  all,  for  it  makes  the  haver  of  it  more  rich  then  Phznix  the  nlvnn  %hw  £1  w  */ai*,  £ 

Thief  that  did  by  it  fo  great  Robberies.     Friend/hip  is  an  union  of  iji,  *^i  ^^ei*  hj^M».  Plut. 

foil's  and  fenfes  to  a  through  compartization,  to  become  as  Blofus  l.b.Dc  Adulat.&  Amicidif- 

was  to  Gracchus,  ©bfequious  in  all  things,    to  fympathize  in  the  trim.  p.")\.  Edit.  Parif. 
word  of  conditions,  to  make  them  partakers  of  our  advantages,  to 

confult  them  in  oar  ftraits,  to  live  theirs,  yea  to  dye  theirs 3  this  is  Alexand.  ab  Alexand.  lib.  I. 

Friendjhip ,  to  be  a  Member  f  cvvct.m2nttir/.htTvv,  this  is  to  be  a  friend,  cap.  26. 
as  the  Proverb  is,  morencctffarj  then  fosder  fire-,    indeed  the  friend-  ^ - 

(hip  of  Lucilius  to  Brutus,  of  Calius  to  Petronus,  of  Ticinnius  'Av*y*<uoT%i@'  7™t°f  **    "<^- 

to  CajpMs,  are  great  examples  of  cogency  to  men  under  the  like  *»'  •  *'*«•     Adag.75.Chil. 

engagement,  and  hard  it  is  to  extricate  BUfiusCumanus  from  Graf-  2-  Cent.  2. 

chns  his  obligation  on  him,  which  has  him  fo  faft,  that  hce'd  burn  Maluitccnfulaiucadere  tjeam 

the  Capitol  to  pleafe  his  friend.     Friend/hip  is  fuch  a  catch  and  dc-  amknmperdere.    Plutarch.  in 
viceofholdfaft,  that  Scipio  A fricanus  would  not  (had  Competitor     Apothegm.  Rom. 

with  Pompej  his  friend  for  the  greatcft  Honour.'    There  arc  few  Ru-  "°^  $  &*  <"%.6*  *«^  dw-y- 
tilus's  who  cart  witMand  their  friends  importunity  to  do.  uijuftice,     xa""  «ti  «r<£  ©*«  ™  «ny<#iiwi» 

and  reply  to  them,   )6.ir  friendfhip  is  net  worth  keeping  if  it  tempt     ™<>f  h*.p&dv*<nt.v ,  &e.     Plu- 
to  unju/t  things-.     Nor  can  the  Athenian  Cletn  be  matched  in  that     tar^n  '»  Amator.    p.  758. 

more  then  manly  felf-Maftery,  for  before  he  took  charge  Of  the  Edit.  Parif. 

Commonwealth ,  he  called  all  his  friends  into  one  place,  and  re-  3£jf'^*  .dm,„ilfralime  *„„. 

turned  them  their  friendlhip,  quitting  all  relation  to  them  on  that     to  »»«»•  «  j„jtUm  w/*w«m.nMj&4 

fcore.    All  thefe  Examples  fhew  the  reafonwhy  the  Law  makes     *■  ***/*&*  *s.«.  r*m>  ftcnmu,  [„. 

intimate  Friendfbip  a  caufe  of  challenge  to  a  Juryman,  becaufe  it 

is  apt  to  enervate  Integrity,  and  to  make  a  man  incline  to  that 

Scale  that  his  love  lodges  in    which  is  the  caofe  that  as  men  of  Alii-     Vx,.  lst,  IJ7,  IS1,  |jA  ,  Inflit.  „ 

ance and  Friendlhip,  foof  unindifterenj  are  challengeable  .-fee con-     uaieton. 

cerning  the  latitude  of  this  Sir  Ed.  Cook,  in  the  forementioned  place. 

Sic  quccjue  fiet  dt  omnibus  nominibus  impanellatorum,  quoufque  dttodscim  eorum  jar 
rentur  it  a  indifferentes. 
• 
While  the  Jury  are  fwcaring,  Exception  or  Cha  lenges'may  be  made  till  Twelve, 
Which  arc  the  Number  of  the  Jury,  be  filled,  againft  whom  no  challenge  has  been  •  thefe  *7    >ue' 
empannclled^  (of  which  four  arc  to  be  Hundredors)  that  is,  of  the  fame  Hundred 
where  the  faft  was  committed,  and  all  of  them  of  the  value  of  40./.  the  caufe  istrya- 
ble  and  concludable  by  them  :  thefe  things  the  Law  requiring  is  punctually  to  be  perfu-  1> 

ed,  not  that  it  hearkens  to  calumnies  impertinent,for  in  all  times  there  has  been  expert-  ^t^nnlu- ' 
encc  that  ill  will  feldom  fpcaks  truc.and  partiality  delights  to  make  worth  Thetnino  dente  »•«"»  *a*s- 
rcdi,  the  mifchief  of  Which  by  the  effefts  called  Snccttm  loliginis  &  nigrum  falem,  *M$"'ctntil 
is  fo  afperfive  that  it  does  cum  morfu  adder e  &  fama  matnlam  ■,  not  that  the  Law  defires  0>u.  *. 
hereby  to  defcrr  the  tryal  of  the  caufe  to  the  injury  of  juflice,  for  that  it  abhorrs,  al- 
lowing exceptions  no  further  or  freer  then  to  make  the  Jury  indifferent  men,  who, 
when  they  are  impanncllcd  to  their  Number,  are  recorded,  ihenftabit  Pa»e3umt~] 
provided  they  that  arc  of  it  be  of  40. /.  in  Lands,  Tenements,  or  Hereditaments,  As, 

1  t  i  Et 


;+* 


A  Commentary  npon  Fortejcue. 


i  H.  i.c.y  Sta- 
tute the  fccond. 


H  T..  i.  Stdt.  it 

hit   jKi  ptmnii 
fnntm  *fiifiu. 

f-  K«W»  de- 
fcription  of 
£»{<W,  f.  in. 


Huft.  Stat.  Larg. 


IJ  «.«.  c.  i. 
t  J  H.  t.  «.  6. 


*Afsif*P*mi  51 
W.I. 


Confirmed  by  ^ 
£.  t.  em  $. 

jt&35  fll.i4. 


N»te  We!!. 


Et  guilibetjuraterum  hujufmcdi  habtbit  terras  vel  rtdditusproTerminavitefu* 
ad  valorem  /Innuum  40  s. 

This  is  added  to  prevent  poverty  and  neceffity,by  winch  men  are  apt  to  be  taken  off  by 
fear  and  favour  from  Integrity  and  Jufticejwhich  the  Law  intends  to  pronoteh  Trials  by 
Juries :  Now,  though  in  places  where  Juries  are  not  to  this  proportion  haveable ,  chal- 
lengers of  Reins  deirs  le  gard,wcre  remora's  to  Tryals,  the  Statute  of  7  H.  7.  c.  5.   took 
that  away  in  London.but  yct,for  ought  I  know  .retains  in  Counties(where  Free-holders 
of  value  are  numerous )  the  limitation  to  men  of  40  (hillings  a  year ,  which,  though 
it  be  but  a  fmall  fortune  now,  yet  was  of  old  much  more  confidcrable  •  For,  filver  in 
the  Saxon  time  at  1,2  d.  an  ounce  ,  though  it  was  nfento  tod.  and  fo  continued  as 
*  one  faith,  till  Henrj  the  Eighths  time  }  yet  then  it  was  but  the  third  of  what  it  is 
now  ■,  and  all  things  elfewete  but  low  rated  to  whit  row.-  in  the  35  Ed.  i.e.  10. 
mention  is  made  of  200.  Marks  per  Annum  for  an  Efquires  value,  and  c.  i2.ofKnights 
of  the  fame  value ,  and  400  Marks  accounted  Knights  of  great  Eftate s  in  36  of  the 
fame  King  c.  8.   no  man  was  to  give  for  the  hire  of  a  Prieft  above  66  /.  8  d.  a 
yeare  ■,  and  if  he  had  his  board ,  but  26  s,  8  d.  in  money  :  bHt  by  the  1  H.  j.  c.  2. 
a  Parifti  Prieft  had  6.  /.  for  his  board ,  apparel ,  and  oiher  neceflaries  •  fo  flood 
therate  by  this  Statute  till  the  21  factb.  and  thenc.  8.  it  was  repealed  .-  3^25^.3. 
d.  wages  of  Workmen  was  very  low ,  a  Mafter  Carpenter  2d  t  day,  a  Matter  Free- 
Mafon  4<£  other  Mafon$3<i.  Servants  \.d.  I,  Tylers  3  d.  and  their  Knaves  id.  \, 
Covercrs  of  Fern  and  Straw  z  d.  and  their  Knaves  1  d.  \,  without  Meat  or  Drink  -y 
when  in  the  1 5  of  H.6.  Wheat  was  at  6  d.  &  8  d.  a  Quartar,  and  Barley  at  3  d.  4  d\ 
when  20/.  a  year  was  a  Juftice  of  Peace  his  value  5  18  H.  6.c.  n.  (not  long  be- 
fore the  time  our  Text  was  written  in)  and  five  Marks  per  annum  a  man  of  values 
Eftate ,  22E.4-C.6.  and  6  d.  8  d.  the  price  of  a  Horfe  •,  11  ff.  7. c.  1 3.    Not  to 
mention  the  Prifesof  Corn  in  the  Statute  51  H.  3.  nor  that  inE.i.  time,  20/.  a 
year  was  a  great  Eftate  ■,  and  1  E.  t.  Knighthood  was  to  be  taken  upon  it.     Not  to 
infill  on  thefe,  even  in  the  Memory  of  our  Great  Grand-fathers  Charges  aad  Rates  are 
incredibly  enhanced,  by  4  H.  7.  c.S.  twas  penal'to  fell  the  fineft  Scarlet  Cloth  in  Grain 
for  above  16  s.  a  yard  ,  and  the  fineft  other  Cloth  for  above  1 1  s.  ;  In  the  23  H.  8.  crj. 
Trench  Wine  was  not  to  be  fold  above  8  d.  a  gallon  ,  nor  Sack  above  1 2  d.  and  in  the 
24  of  the  fame  Reign,  c .  3.  no  man  was  to  take  for  a  pound  of  Becfe,  or  Pork,  above 
a  halfe  penny  4  of  Veatc,  or  Mutton  three  farthings :  and  lefs  where  fold  for  left.  The 
mannor  of  Bur  lew  in  Cambridfjhire  containing  2co  Acres  of  Arable,  100  Acres  Mea- 
dow, and  1 00  Acres  of  Pafture  ,  was  at  a  Rack  rented  but  at  100  /.a  year  -When 
thefe,  and  all  other  things  were  at  the  prementioned  Mates ,  which,  in  a  good  mea- 
fure  they  have  been  fince  our  Chancellours  Writing  •,  fourty  Shillings  a  year  was  fome- 
what  confiderable ,  as  a  convenient  fupport  to  life ,  and  a  delivery  of  the  Pofleffor 
from  temptation  to  perjury  ,  and  a  determent  of  him  ftom  all  kinde  of  unjuft  and 
fraudulent  demeanour  ^  fince  upon  his  offence  the  Law  will  take  hold  of  his  Eftate 
which  he  having,  is  thereby  folvent ;  And  therefore  this  value  oi  the  Jurors  probably 
being  a  good  help  to  the  honefty  and  honour  of  Jurors    and  Juries  would  do  well  (if 
the  wifdom  of  the  State  think  alfo  fo,  and  pleafe  to  confidcr  it )  to  be  futably  prcfer- 
ved  byenhanfing  the  value  of  Jury  mens  fortunes,  according  to  the  valueof  Rents, 
and  Prizes  now  •,  (40  /.  a  year  being  as  little  for  a  Vree- holder  now  to  have  in  Eftate,as 
40  /.  then. )     And,  if  ever  Juftice  had  need  to  be  provided  for,  and.that  in  this  very 

Eoint  of  Juries,  never  more  caufe  that  ths  bell  men  of  fortune  and  breeding  fhould 
e  returned  and  ferve  on  them,  then  in  this  Age,  when  Forgery  is  fo  rife,  and  Knights 
of  the  Poft'fo  audacious,  and  againft  which  there  is  no  fofovereign  means  of  antici- 
pation, as  brave  and  knowing  Juries,  who  neither  will  flubber  over  the  confidcration 
of  the  Evidence  given  them,  nor  be  raeale-mouth'd  to  requeft  the  Courts  Interrogati- 
on of  fuch  fcruples  as  they  are  inquifitive  about ,  and  judge  raateriall  to  the  dilucida- 
tion  of  the  Faft  they  are  ferving  upon  the  Tryall  of. 


Et 


A  Commentary  upon  Fortes  cue. 


345 


Vbhumquc  ef  all  quid  frincipium  tportilt 
quad  fit  aliquis  ord«.  quia  ordo  mdudit  in  fe 
modum  prioris  &  pofltriorss  $•  Thorn.  1. 2» 
queft.26.  art.  1. 

?3r.   Platarchus,  lib.i.  Synt- 


Tunc  mala  con/Ilia  agitantur.  tunc  tut  tliit 
ash  i"Jis  fiitura  pericula  flruunt.tunc  cupi-. 
dilates  improbAS  ordmant,  tuns  quidqttid  AUt 
metu  am:  pudorc  cdabat  Animus  cxpromtt 
Sertec.  Epitt.  10. 

(1)  Lit.  de  Mundi  Opificio ,  f.  S. 


£t  hie  ordo  obfervatur  in  omnibus  Atlionibus  & CAujis  eriminalibus,  realibus^per- 
fomlibus,  prater  tynam  nbidibitum  veldamn*  in  ferfenalibus  non  exeednnt  quA- 
draginta  Mark*!  vtonetx  Anglicae. 

Hie  Ordo  obfervAtur.  ~]  This  is  purpofely  fet  down  to  fignifie  the  Lawes  reverence  of 
Order,  as  that  great  favourite  of  God,  by  which  he  rules  the  Common- Wealth  of  this 
World' :  Hence  is  it  that  the  Humane  Nature  attributes  to  Or- 
der a  kindeof  Divinity ,  not  onely  as  it  is  Effentiall  in  God ,  but 
as  it  is  quicfcentiall  of  all  thofc  difafters  and  tumults,  that  but  for 
it  would  be  every  where  ,  and  in  every  thing ;  which  the  Heathen 
obferving  cries  out,  Confuftcn  and  the  trouble  of  fettlements  is  eve- 
ry where  mifchievtui :  becaufeas  the  order  of  Nature  is  of  God, 
fo  the  order  of  Reafon  is  from  Van",  who  regulates  and  difpofes 

"his  endowment  by  fit  and  proper  modes  of  operation  and  conveni- 
ence, to  both  Inferiour  and  Superiour  purpofes,  of  Politique  and 
Chrlflian  Life  :  Hence  is  it  that  not  onely  Order  is  afcribed  to  Creation  of  the  World, 
but  to  the  continuation  of  every  particle,  and  thing  in  it  -,  yea,  take  away  Order,  and 
nothing  remains,  but  non- entity ,  or  that  which  is  next  to  it,  confufion.     What  Senses 
faid  of  Solitude,  is  true  of  Order  .  Take  that  away  and  ill  CottnfeSs 
are  btifie  ,  then  wife  hie  fe  to  mAnkjnde  is  MAchinated ;    then  evill  de- 
fires  And  covetings  Are  fit  on  foot :  then  the  mindes  of  men  (  however 
b  fore  modefi)  Jhew  thtmf elves  in  aII  their  vUUnous  liccntioufnefs .  For 
if  Orderbe  *wx«Sti  %«?frio{,  &e.  as  PhilSs  words  arc ,  The  eon- 
frtftience  and  feriesof  things  preceding  And  following;  then  without 
O  dcr  no  account  can  be  given  of  any  thing  ,  fo  as  to  make  it  ap- 
pear beauteous  and  ufefull :  This  made  Life  aod  Death,  Peace  and  War ,  Law  and 
Trade,  Arts  and  Sciences,  Religion  and  Policy  keep  its  Order  •,  Yea,  of  all  Orders 
that  concern  this  World,  none  more  tfien  the  Hie  Ordo  of  our  Text  ,  which  is  Ordo  of 
Judgments,  for  deciding  Rights ,  and  punifhing  Offences.    For,  though  \he  Romans  uti  stua.An 
took  care  of  their  Ordines  (of  which  Brifsonius  gives  us  a  very  notable  account,  and  of  tiq.'  juris,  c  i. 
which  too  much  can  hardly  be  faid  -y  the  Ceremonies,  and  extern 
pan  of  tbem,  couching  the  rcoft  fubftantiall  and  confequentiall  ner- 
ves and  ligaments  of  Civil  Society  :  according  to  that  of  Tbcedorick^ 
Tha:  Common- fVtAlth  is  moft  happy  which  does  Abottndwith  confpicuous 
SnbjeSs-,  as  the  Firmament  irillufirions  which  hAS  the  Embeffery  of 

.  glittering  Stars  •  Not  thAt  dignity  quifnch  betters  men,  (for  that  is  on- 
ly the  gift  of  God,and  the  workof  Virtue)^**  it  renders  men  more  dif- 
crett  and  cirenmfpeU  ,  as  they  are  frefcribed  by  it,  the  moft-  excellent 
andexempUry  Orderoflife.)  I  fay,  though  the  Romansloved  Order,  yet  the  care  that  the 
Civill  and  Common  Laws  have  circa  Ordintm  Jtedicialem  (^ivilium  cauf/irum,   as  Tho- 
UfsAnus  his  words  are,  is  moft  notable ,  as  that  immoveable  method  from  which  there 
is  no  reccfe  but  with  danger  and  inconvenience  ■,  therefore  the  Text  fayes  not  hie  Ordo 
fnAdetttr ,  or  hie  Ordo  obfervari  debet  :  For,  many  things  are  fairely  commended  by 
Power ,  tha:  are  not  embraced  by  Practice  ■,  and  many  things  ought  to  be  done,  that 
are  not  accordingly  done  as  they  ought  :  but  the  words  are  hie  Ordo  tbfervAtur,  as  if 
the  Chanccllchir  intended  fatisfaftionof  the.  Prince,  and  in  him  of  all  men :  that  inall 
changes  and  vicifsuudes  which  Crowns  are  ( in  Common  with  all  fublunaries )  fub  je& 
to  •,  the  fame  Order  yet  remains  in  the  midftof  them  unreverfed,  all  men  in  this  Na- 
tion being  concerned,  how  various  foever  they  are  in  other  matters,  to  carry  on  this 
very  way  and  method  of  Trial),  and  no  other.  p 

fratertyuam  ubi  damnA  vel  dtbitnm  in  PerfonAlibus  ncn  excedunt  amdraginta 
Marc  as  Monet  a  Anglix. 

This  is  a  Salvo  to  the  general  Rule  .-  For,  the  Law  proportioning  the  quality  of  the 
Jury  men  to  the  quality  of  the  Matter  in  Triall,  as  it  requires  more  Eftate  in  thofe  that 
trie  Title  of  Land,  which  is  called  realty  •,  fo,  lefs  in  that  which  is  of  leffer  value,  as 

I  i  i   1  perfonaky 


Cmfiatfotlnem  cjpt  T^mpuilicAtn  oma  multis 
civibui  refplendet  omasa ,  team  fitut  catum 
fitllis  redduur  datum,  fie  rduicnt  urict  fa- 
mine dignttatum  .  non  quia  JiaS  ham*  Alter 
honoribus.fid  quia  modeftior  efficitur  a  ejut 
conerfatitms  trdo  melior ptfuiatur :  Theo- 
dorick  apud  Cafliodor.  Varr.  lib,  t.  For- 
ma liluH.  Yacamis  11.  p.too. 


Syitlg.  Juris  H- 
niverfi.  lib.  |1> 
C.I*. 


Cook  «»  Little 
ton 


344  A  Commentary  upon  Fortes  cue. 

pcrfonally  efteemed.  The  value  of  Juries  in  great  caufes  heretofore  has  been  obferved 
40  j.  per  Annum  of  Freehold  out  of  ancient  Demefncs,  or  what  is  equivalent  to  it  • 
and  by  the  27  £/»'«..  c.  6.  it  is  advanced  to  4'  /.  Land,  becaufe  Sheriffs  were  found  to 
if  Arc  At  Home  the  mofi  Able  And  fnfficient  Freehdders,  and  to  return  the  poorer  andftm- 
fler  fort,  leafi  Able  to  difcern  the  caufes  in  queftion;  And  moft  unable  to  bear  the  Char~ 
get  of  Appearance  And  Attendances  in  fuch  Cafes.  For  reformation  whereof  the  value 
of  Jurors  was  enhanfed,  which  though  it  be  not  applicable  to  Corporations  where 
men  of  fuch  value  are  not  ever  to  be  had,  by  reafon  of  which  there  is  a  Previfion  in  the 
faid  Statute  ;  yet  is  it  for  the  moft  part,  and  where  it  may  ( as  in  Hundreds  and 
Counties  it  may  )  to  be  praftifed :  for  as  the  Law  compells  not  to  impoflibilities,  io 
does  it  not  allow  negle&s  or  obftructions  tojuflice,  which,  as  they  are  occaConcdby 
.  .  peremptory  Challenges  without  (hewing  caufe,  which  was  the  indulgence  of  the  com- 
.f."«.«.e'  monLawin  the  King's  Cafe,  till  by  theStatuteof  33  .E/i.  it  was  other wifcena&ed; 
An  otdtn»nc«  fo  docs  it  favour  Tryals  in  places  where  men  of  fuch  value  cannot  be  had.  Like  Law  be- 
E^Jt'Svlm.  caufc  like  reafon  there  was  for  that  Enaction  in  the  Statute  ziEd.i.  for  though  there- 
lio'j.  in  was  required  that  every  Juror  that  parted  in  tryal  out  of  his  proper  County  ftiould 

SftMhifjHifo.  have  Land  to  the  value  of  1 00. /.at  the  leaft  •,   yet  is  there  a  faving  of  the  Law's  for- 
ffit.  Annoiiji.  mer  requiry  of  40. /.  Lands,  and  of  fuch  other  value  in  Towns,  C«tics,  and  Bur- 
roughs as  bath  been  accuftomed,  which  (hews,  that  the  aim  oftheLawis  to  promote 
juftice,  and  to  prefcribe  nothing  but  what  is  poffible  and  feafible   to  that  end  £uia 
tunc  non  requiritstr  anod  furatores  in  AHionibus  hujusmodi  tantum  expenderepoffunt, 
faith  our  Text.  ]  What  then  may  the  promifcuity  of  men  try  the  caufe,  fhall  any  he 
that  bat  a  face  be  admitted  without  challenge  or  exception  t  nothing  lefs  ■,  For,  as  the 
■     Common  Law  required  men  wf/f  to  live ,  as  we  fay ,  fuch  as  having  Eftates  of  their 
own  ,   know  what  it  is  to  get  and  keep ,  and  fo  are  likclicft  to  be  iparing  of  cafting 
away  another  mans  by  rafti  or  heedlefs  Verdidt ;  and  hazard  their  own  by  attaint  for 
Perjury  .-  as  I  fay,  the  Common  Law  limited  who  and  who  not  fhould  be  returned :  fo 
divers  Statutes  fubfequent  to  our  Text  has  Enafted  ,  efpecially  in  the  City  of  London, 
where  ,  by  reafon  of  the  great  confluence  of  People,  and  Trade,  perfonal  adions  a- 
bound ;  by  the  11  H.7.  t.zl.  no  perfonis  to  be  empannelled  in  the  Courts  of  the  faid 
City ,  except  he  be  of  Lands,  Tenements,  or  Goods  and  Chattells,  to  the  value  of  fottrtj 
M*rb\;  and,  that  for  Landi,  Tenements,  or  Abliont  Ptrfonall,   wherein  the  Debt  ef 
DAmadges  tmounteth  to  the  fumm  sf  fonrtj  MArb^,  or  Above,  no  man  be  Empannelled 
except  he  have  in  Lands,  Tenements,  Goods  and  Chattells,  to  the  value  ef  1 00.  Alarms  ■, 
which  the  Statute  of  4E8.C.  j.  feems  to  make  analogous  to  the  40.  s.  per  annum 
required  of  Freeholders  in  Counties  by  the  Law;  and  thereupon  enables  them  to 
do  what  they  can  in  their  condition  by  the  Law:  fo,  that  the  Law  being  intent  up- 
on Juftice ,  and  the  equall  and  impartiall  conduft  of  right  means  to  that  important  end, 
provides  for  every  circumftance,  as  well  of  men  as  things.     And  in  men,  that  they 
ftiall  be  of  value,  properly  En£lifh :  that  is,  of  intrinfique  worth ,  whofc  Eftatea 
(hall  be  valuable,  as  if  they  were  Bullion,  for  that  is  the  fence,  Monet  a  Angli*7\  Eng- 
land being  a  Noble  Kingdom  ,  whofe  Sovereign  Stsmps  no  Coyne  but  what  is  Stand- 
ard •,  not  onely  made  Paflable  by  {a)  Statute,  (  for  fo  Power  may  make  Money  of  Lea- 
C(a)  tMatiz  tncr  or  ^ettaH^  a$  the  King  of  Spain  frequently  doth  to  be  Currant  Money)  buc 
S  t'  &  •.  p.  &  Paflable ,  becaufe  Gold  and  Silver  •,  Paffed  the  Kings  Mint ,  and  returnable  thither 
^Maty.'.ti-    wjth  the  lofs  onely  of  Coynage-,  And  this  is  called  the  <JMenejef  England:  2/7.4. 
*  af'  £  t  c\     c"5  an<*  t0  Prcfervc  tn's  fr°m  abafement  and  undervaluation  were  the  Statutes  of  19 
H.J,c,  5.    \jR.  i.e.  1.  yea,  on  this  ground  was,  and  is  adulterating  of  the  Kings 
(h)  coumetfot-  Coyne  (b)  the  Currant  Money  of  England  made  High  Treafon  2$  S.  7,.  diminifhing 
mgiMfiW.     of  jt  HighTreafon)  5  Elu  „     ,8  £/,*.«:.  1.  all  which  I  inftance  into  explicate 
the  Term  Monets.  AnglU.']  tobeindigitativeof  reall  value  ^  and  applyed  to  the  Ju-  jj 
ror ,  for  that  it  intends  him  really  worth,  ptcuniis  numeratis ,  a  legal  value,  which 
in  this  Cafe  is  left  to  the  Jufliccsdifcretion,  according  to  common  reputation,  and  the 
judgment  of  wifdom  ,  which  is  prefumed  (and  that  not  groundlefly)  to  be  in  thole 
Venerable  Sages ;  therefore  wifely  left  to  their  difcretion. 

Habebunt 


A  Commentary  upon  Fortescue,  $4* 

Habebttnt  tamcn  terram  vcl  reddlttsm,  ad  valorem  competent  em,  juxta  difcretionem 
feftitiariorum. 

Habtbntt.  ]  That  I  conceive  to  be  as  much  as  prtftmmtnr  habere  ;  for  judgement 
ofdifcretion  is  charitable  where  it  knows  nothing  to  the  contrary,  and  Juftices  when 
they  have  no  caufe ,  will  not  feek  a  caufe  of  doubt  againft  a  man  where  he  is  reputed 
to  live  in  fafhion  and  to  pay  [cot  and  lot  as  we  fay.  Terr  Am  vel  redditum,  ]  that  is 
Lands,  or  Houfes  called  Candle-Rents,  or  Annuities,  or  Rent-charges,  Ifuppofe,  toa 
proportion  of  equality  to  the  matter  in  lflue  is  competent  valor,  within  the  Text. 
And  fo,  I  think,  the  Reverend  Juftices  will  declare  it,  and  their  judgement  muft  ftand; 
for  the  Law  fayes,  according  as  the  Text  quotes  it, 

fttxta  difcretionem  fufliciariorum. "]  That  is,  according  to  that  natural  and  learned         ^        ' 
judgement  that  their  Years,  Study,  and  Place  enables  them  to  and  prefumes  them  of;  ^ZT^ulL 
and  this  is  not  that  rage  difcretion,  in  better  Englifh  Arbitrariness ,    which  Empfon,  i*fi*»>. 
and  D»dh]  obtained  to  vex  the  Subjects  by  in  Henry  the  Sevenths  time,  and  for  which  Re6J"m- 
they  fuffered  defervedly  •  but  the  difretien  of  the  fit  slices  thai  the  Statutes  of  23  H,  Dr.  &  student. 
8.  r.?.  35  H.  8.  r.  6.  intend,  which  is  the  proportion  of  the  qualification  to  the  drift  «•»*• 
and  fcopc  of  the  Law. 

Aliotjuin  ip/i  minimi  )nrabnntnr,  ne  per  inediam  &  paupertatem  fttratorum  hnjns- 
modi  defacili  vale  ant  corrumpi  &  [tibornari. 

This  is  the  rcafon  why  the  Law  requires  ability  of  Eflate  in  Jurors,  not  that  it  thinks 
Poverty  inconfiftent  with  Integrity  or  Wifdom,  the  endowment  ofthofe  that  have  no 
inheritance  befides  it ;  or  that  it  cxprefTes  thereby  an  evil  *ye  to  poor  men,  becaufe 
God's  is  not  good  to  them  in  a  fortunary  way  :    nothing  leffe^the  Chancellour  is  of  a 
■lore  pious  and  prudent  Genius  then  thus  to  precipitate,  for  he  knew,  That  a  poor  man 
by  hi*  wifdom  delivered  the  City ;  fo  the  wifeman  has  told  us,  and  we  may  know  that 
many  mean  eftated  perfons  have  been  very  contributive  to  the  good  of  their  Coun- 
tryes,  as  by  name  SarboUa  that  mean  Candiot,  who,  when  Breffta  was  befieged,  and 
the  Venetians  knew  not  what  to  do  to  relieve  it,  made  offer  to  the  Senate  to  under- 
take the  fuccour  of  it,  which  they  accepted,  and  he  by  his  art  did  bring  over  Land,  shute>,  H(jl,„  ,f 
and  over  Mountains  and  Hills,  mighty  Vcflels  from  Venice  to  the  Lake  which  kept  Venice. ;.  »«o. 
Breffa  from  Delivery  ;  the  like  did  the  poor  Centurion  when  Mettito  and  all  the  Ve- 
netian Gentlemen  were  furrounded  in  the  Valley  of  Sabia  •  thefe,  I  fay,  and  thou-  *"*'*"■ 
fand  fuchinftanees  would  confute  the  rafhnefc  of  that  pofition,  that  men  are  not  to  be 
trufted  becaufe  they  are  poor,  (for  they  that  are  poor  in  eftate  may  be  rich  in  vir- 
tue, and  fo  accomplished  to  actions  of  integrity  and  Heroicifms : )  but  the  intent  of 
the  Liw  is  to  fuperfedc  and  undermine  that  common  peft  of  poverty,    Sordidnefs  and 
illiberality  of  Spirit,  which  makes  men  open  handed  to  receive  any  thing  that  ft  put 
into  it,  that  may  anfwer  a  want  and  fupply  a  need  ^  thus  is  Perjury  imputed  to  Gifts 
by  Jurors  received,  fo  1 1  //.  6.  c  4.  1 1  H.  7-  <"•  *i  •  And  that  the  morefuficient  men  be 
*f  Lands  andTencments,  the  more  unlikely  are  they  to  be  driven  or  moved  to  Per jur y  by 
brocage,  pother,  or  corruption,    they  are  the  words  of  the  Statute  of  15  H.  6.  c.  5. 
which  is  the  very  fame  with  what  is  there'afon  in  the  Text,  JV<  per  inediam  &  pau- 
pertatem Juratornm  hujusmodi  de  facili  valeant  corrumpi  aut  fttbornari,  for  fince  ne- 
ceffity  has  no  Law,  and  hunger  breaks  through  ftone  Walls,  there  is  no  better  a  pre- 
vention to  the  fordid  effects  of  need,  then  thus  to  provide  as  the  Law  hath.     Livius  ■      , 
Bmfus  was  a  brave  man,  fo  generous  and  liberal  in  minde,  that,  he  left  nothing  mob-  ^TSitTcL™' 
liged  by  hi*  bounty,  but  Heaven  and  the  Sea  -,  yet  the  Hiftorian  fayes  of  him,  when  he  Hv"""m  ?'"*■ 
gretojbortef  money,  he  did  many  things  unbefeeming  him:  and  Agar  when  he  beggs  «/ /^do  »iri°ft- 
Gid  neither  poverty  nor  riches,  but  food  convenient  for  him,    teaches  us  the  danger  as  well  luftiibus. 
of  the  left  hand,  extreme  poverty ,  as  of  the  right-hand,  riches;  the  one  making  a  man 
forget  God,  the  other  forget  a  mans  felf. 


Eceltf.  9.  IJ." 


34-6        A  Commentary  upon  Fort  escue. 

£t  ft  per  tales  exceptions,  Juratorum  nomina  in  PannetlocanctUentur,  ejUid  nor,  rt' 
maneat  numerns  fufficiens  ,  &c. 

There  is  no  need  of  much  en'argement  herein,  for  this  is  but  cnumerative  of  what 
has  been  heretofore  aflcrted  ■,  Juries  of  twelve  fufficicnt  roen  of  the  County  muft  be 
fummoned,  and  before  they  be  arrayed  may  be  challenged.  If  twelve  of  the  array 
be  not  unchallenged  by  whom  the  cauie  may  be  tried  ,  then  muft  more  and  more  Jury 
men,  omni  exceptant  majores,  be  fummoned  by  the  Sheriff,  according  to  a  Writ  direct- 
ed to  him  to  that  end  :  For  there  muft  be  no  defeft  in  Juftice  ■,  while  the  County  has 
folvent  men ,  and  thofe  not  legally  challengeable  ,  there  muft  be  returns  of  them , 
quod&fapius  fieri  poteft,  faith  me  Text  j  and  that  to  prevent  in  juftice  in  the  Nation' 
which  then  is  chargeable  on  it,  when  caufes  hang  undetermined  .•  cb  dcfeUum  fttrate- 
rtm  ,  which  to  prevent ,  the  law  grants  Tiles,  not  onefy  of  other  perfons  in  the 
Shire  (*)  but  of  the  next  adjoyning  Shire-men,  if  none  in  the  Shire  there  be  fit.  So  in 
the  Cafe  of  attaint,  wherein  perjury  has  been  committed,  as  Neighbours  may  be  par- 
tial, the  Statute  of  23  H.  8.  c.  3.  appoints. 


C(*)  u  h.  «< 

j  t.  <.  Confiim 

v  by  1  &  I  *•« 

)  e.»i  *&sf 

(&Mary.c7; 


Drufius,  lib.  it 
tribui  St  Sis  Ju- 
dicium. 

Trt  Ojuntio  14. 


Aulus  Gellim, 
lib.  1.  t.  i|. 
bb.l.c,. 


Bt  hit  eft  ftrmajualiter  Jnrateres  &  veriutis  hu'jttfmtdi  inqitiftsres  tligi  detent 
in  curia  Regis,  fmiliter  &  \ur4ri, 

Twas  hie  eft  Or  it  before  ,  and  hac  eft  form*  now,  both  to  one  purpofe,  to  notifie 
the  cxaftnefs  of  the  Law  to  keep  it  felte  in  a  Method,  and  to  walk  by  Rule  :  Forms  are 
the  prefcriptsof  God  in  Nature,  and  of  Nature  to  Polities  for  avoidance  of  confn_ 
on.  The  f  ftoes,  the  firft  People  and  Polity,  had  their  Forms  in  all  things  •  in  their  Sa- 
crifices, Worfhip,  Dedication,  Solemnization  of  Feftivalls,  Oaths,  Marriadges,  Fune- 
ralls,  making  Peace  and  War,  in  their  Enfranchifeinents,  Jubilees,  in  every  thing  And 
from  them  the  Nations  learned  Torms  ■,  T*l/j  fpeaks  that  with  an  Orators  confidence 
and  a  Good  Mans  Truth  :  Jura  &  form*  tie  omnibus  rebus  cenftttut*  ,  and  as  things 
had  their  Forms  to  diftinguifh  them  by-,  in  which  fenfe  we  read  of  Form*  dtcendi,  ho- 
neftatis,  fcribendi,  Temporum  &  Reipublic*  forma,  fcelcrumftrwa,  provincia  forma,  & 
forma  adificii,ini  fuch  like  in  Authours  ■,  So  alfo  had  perfons  their  Forms.  So  among  the 
Romans,  there  were  Forms  for  every  Order  of  men,  which  Brifsenius  tells  us  of,  and  no 
Authours  of  theirs  omit  mention  more  or  lefs  of.  And  thefe  Forms,  though  we  look 
upon  them  as  accidentall  things,  which  may  adtfe  &  abe§e  fine  intentu  fnbjiQi  •,  yec 
are  not  to  be  innovated ,  .or  forcibly  entred  upon  wuhout  great  consideration  :  Be- 
caufe  they  couch  great  myftcries  in  them,which  are  neceffary  to  be  cherifhed  for  the  ad- 
vantage they  give  to  the  more  effentiall  parts  of  Truth  and  Policy  :  which  is  the  rea- 
fon  that  both  the  Civil,  Canon  and  Common  Lawes  do  infift  much  on  Forms.  Has  eft 
forma  fayes  the  Text ,  and  fo  ends  this  Chapter. 


CHAP.    XXVI. 
furatis  demum  in  forma  praditla ,  &c. 

T His  Chapter  begins  with  anFxegetique  Recapitulation  of  what  had  pafled  con- 
cerning Juries  in  the  preceding  Chapter;  Tor,  there  the  number  of  a  Jury  be- 
ing twelve,  and  thofe  twelve  not  trivial ,  but  prcbi&  legates  homines;  that  is,  fuch  as 
are  of  good  Convention  ,  and  Morally  Civill,  and  have  befides  their  Goods,  Mo- 
neys, Leafes,  and  other  lefs- fixed  Subfiftences  termed  MMia  :  Lands,  Tenements , 
and  Hereditaments  which  are  called  pojfcffienes  k  pofi  fedendo  i 
(becaufe  they  give  being  to  thofe  that  come  after  the  prefent  en- 
joyers ,  being  defcendible  to  either  Corporal  or  Tefiamentary 
Heires,  and  fufficient  toconferve  them  in  their  condition  without 
dependence  or  neccftity  of  fortune  ,  which  betrayes  men  toby- 
courfes,  to  the  prejudice  of  Honefty  and  Jufiice)  1  fay,  the  Chan- 

•  ccllour 


fifildit  ifttiivel  forro  ftdtt;  pjfefiinut 
fimt  mri  lie  pattniii  fublid  fnvaiiptt 
tjMos  initio  tun  marmittfliiau  fid  tpi'fijiu  "< 
fotutt  cccufavit  aiijiit  fofnio,  lfidor.  O- 
rij.  lib,  15.  t.ij. 


A  Commentary  upon  Fortes  cue.  34.7 

cellour  having  Premiied  this,Proceeds  now  to  the  further  Narrative  of  what  fuch  quali- 
fied pei  fons  are  by  the. I. aw  expected  to  do,  in  difcharge  of  that  great  confidence  it  has 
repofed  in  them  ^  and  that  he  docs  by  Enumeration  of  feverall  Particulars ,  wherein 
their  Exaftnefs  and  Sincerity  is  required .-  Concerning  which,  before  1  Write  further, 
I  think  fit  to  touch  fhortly  upon  that  Motive  to  the  Lawes  choice  of  Men  of  Fortune 
for  this  imployment,  as  is  couched  iirthoie  words,  Vnde  flat  urn  fuum  ipfi  contimre 
pottrint.  ]  By  which  I  collefi  the  Judgment  of  experience  refident'in  the  Law  ,  and  in 
the  Compilers  of  it,  to  be,  that  all  Perjury  and  tin  juit  Dealing  proceeds  from  a  De- 
parture, and  Difcard  of  Moderation  and  Contentment  with  the  Condition  God  has 
defigned  men  to  bear ,  and  requires  them  to  be  patient  under.  And  indeed,  there  is 
no  account  of  fin  more  rational  then  that  which  refers  it  to  incontinence  :  Men  de- 
rogate from  Gods  Wifdom  and  Power  ,  and  aggrandize  themfelves  beyond  what  God 
has  fitted  them  for,  and  will  carry  them  thorough  ;  and  this  makes  them  fleer  a  courfe 
to  extremes,  which  is,  fcipfos  nen  centilitre  :  For,  as  it  is  in  Valour  , 

there  is  no  excufe  admitted  by  that  Perfon  that  is  willing  to  fight ■,     'Ayav   »   fije}]<u  <TKn4-et<.  A- 
but,  when  all  the  difcouragements  imaginable  arc  prefentcd,  Mag-     i«g.  6z.  Cent.  3,  Chil.i. 
narninity  replies  as  Psmpey  did,  Neceffe  eft  tit  earn,  rnsn  ut  vivam  :,  10 
is  it  in  Modefty  of  Minde,nothing  will  tempt  it  to  go  beyond  its  boundary , or  trefpafs  on 
the  Peace  of  its  intern  calmenefs .-  Its  true,  Valour  in  the  beft  men  will  tempt  to  ven- 
ture hard  for  the  Matter-prizes  in  this  Worlds  Lottery  -,  and  hard  it  is  upon  meere 
Worldly  grounds  towithftand  the  Irritations  and  Impulfes  of  their  cogent  Intereft: 
but,  for  all  this,  where  God  gives  Continence  of  minde,  the  virtue  of  that  endowment 
will  reply  to  thofc  "fufurradons ,  as  Fhanorinus  did  tothofe  that  reproached  him  for 
flattering  Adrian,  who  loved  to  be  accounted  a  Learneder  Perion  and  Prince  then  he 
was-,  irhjfljculd  1  not  admire  and  humour  him  who  commands  thirty  Ltgions :  fofayes   "'  "'"  '"*"" 
Continence ,  when  '  mbition  folicites  to  comply  with  bafe and  by-ends  to  gratifie  fen-  haha^tegin*'" 
fuality,  Cttrninccdamhxic,  &c.  Why  fliould  I  not  obferve  the  Command  of  Cod   siMUcus  Tom. 
and  Nature ,  which  learns  me  to  live  of  a  little,  and  to  be  febcr  in  keeping  my  felf  in  2'  no"  '7' '  '*" 
mine  own  Orbe .-  For,  while  men  do,  as  one  told  Cleen  ,  Intra  fuam  pekiculam  ft  con-  Aia^  9l  chil 
tintrt-,  and  aredefirousof  noihing  mpre  then  they  enjoy  honeftly,  and  can  ufe  tern-   1.  cem. «. /. 
peratcly  ,   they  avoid  delight  in  Riches  of  Violence,  and  Honours  of  Fraud  andU-  ***" 
furp.vion-,  which  Romultu  deferved,  and  had  accordingly  Renown  for.-  For,  though 
he  bad  the  choice  of  all  the  800.  Sabin  Virgins,  yet  kept  he  himfelf  to  his  own  (though 
old)  Wife  Herfilia :  and  though  he  might  take  the  freedom  of  high  feeding,  and  Mar- 
tiall  Compotstions,  by  the  vifceration  of  which  Men  grow  Valiant, 

and  heady,  beyond  Meafurc  and  Mercy  ^  yet,  the  Hiftorian  fayes ,     Mimau  truHmmtB  500. /«■<  «»»«  pji 
he  kept  tomfelf  free  from  taint .-  Ef  0  quantum  volui  bibo,  non  quan-     *-°mim  "'"u"m  """•""*  Hx""  T' 

*  ,  ij/-i  r  i-  i  dtfnoa  etntmct  in  nrh  Rami  am  in  L*- 

tumpotut,  wa9tne  account  he  gives  ,  and  lurelytwasa  loud  one,    «./««/>.  ^.  OtUhu.ik.4...  j. 
and  tuitive  of  Virtue,  beyond  all  curbs  beneath  effectual  G  i  ace. 
When  I  read  of  that  Athenian  Young  Man,  who  to  preferve  himfelf  againft  the  lufl: 
of  Demetrius,  ca3  himfelf  into  a  Cauldron  oi  boy  ling  water  and  dyed  .■  and  of  that 
Roman  Geneiall  that  refufed  Trefents,  and  contented  himfelf  with  a  few  Roots  for  his 
Meale,and  them  forily  Cooked  by  his  own  hand,and  cry'cd  out.in  defiance  oftbe  Impor- 
tunity of  his  gratefull  Prefcnters  •    /  have  no  need  of  jour  Gold,  while  lean  command  my   ?™^  7"™* 
Senfes,andtbejnct  me,  I fiaM  never  want  that  which  fatiifies  the  luxury,  not  necejfity of  Z,M  Jji  pic%*u 
them  :   I  lay,  when  1  read  this,  and  con1  der  the  defrfts  and  excurfions  of  Chrilhans,   vtt"- 
I  biuth  to  finde  Chrif}  fo  often  in  the  Mouth,  where  he  is  (6  much  an  Alien  from  the 
Heart  and  Life:  Men  tut ht  to  live  as  they  tf  old  did,  though  they  fpeal^daintily,  as  the    yhm  $n.Mm. 
Nectcriq><cs  do.     For,  no  fhipwrackis  fo  terrible  at  Sea,  as  this  wrack  to  the  Soul  and  «**/"■««•«».'•- 
Senfeof#Manis  when  they  are  intemperate ;  Intra  (latum  f num  fc  continent]  is  not   T'verl"  ^''('^ 
onelyto  aivoid  Marfya'%  lnfolciice;  in  Challenging  Ap«Ho  to  Pipe  with  him,  whom   'i,l"i.^\o'  ' 
when  Apo'du  overcame  (  as  foon  he  did  -,  for  the  Prefumer  was  no  Mufician,  but  a  bra-    £"/*•  chil- ** 
vado )  he  hung  him  on  Pine-tree  .-  I  fay,  to  be  Moderate,  andaffed  nothing  beyond  Cent" 7* 
our  Station,  is  not  onely  to  avoid  one,  but  all  Evill,  which  the  contrary  prompts  to, 
confirms  in,  andruines  for:  folong  as  the  Regiftersof  Lucifer's  Pride,  and  Corahs 
Confpiracy,  and  Abfoloms  Rebellion,  and  Reubens  Inceft,  and  fehu's  Murther,  and  A- 
chans  Covetuoufnefs,  yea,  and  of  Judas  his  Treachery  are  in  being,  and  Mention  of 
Holy  Writ  ■,  the  danger  of  not  keeping  in  one  Station,  and  not  compyling  with  Gods 

pleafure, 


3^8  A  Commentary  upon  Fortescue. 

pleafure ,  will  be  lively  tcftimonies  againft  that  humour  •  Intra  fiat  am  ff.um  fe  no* 
Ccntincre.    Tis  good  to  remember  the  Fable  of  the  Crab  that  left  the  Sea,  and  would 
feed  in  the  Land,  where  the  Woolfe  met  with  it  and  devoured  it:   the  Crab  bewail- 
ing his  condition  wlicn   twas  too  late,  was  told  ,   Being  thou  wafl  a  Creature  of  the  Sea 
jou  Jbtuld  have  kept  there  and  net  fftiEied  the  Land  ,  but  jour  trial  of 
Gaa.dVj/o*  </£  if  wiWJe  Jtwajp-     Conclufions  has  concluded  Jour  Security.     And  when  God  lets  the 
<rwi.  AdagM.ChU.i.Cent.').     Reins  lie  loofe ,  and  men  have  laritudes  penall  as  well  as  peccant  s 

then ,  there  is  no  mesne  for  them  to  reft  in  ,  but  they  go  trom  one 
wickednefs  to  another,  till  they  be  the  (hame  of  men  and  thecurfeofGtd  .-  Pheni- 
wothe  Italian  General!  is  a  notable  example  of  this ;  lor,  he  having  dckitid  Antoni- 
shutes  Hift.  vtn.  ^  at  JVeiMm,  refolved  revenge  on 'his  Enemy  by  any  means  he  coold  invent,  andef- 
tt.g.m.  ^     ^c  ^w  great  numbers  of  the  Inhabitants  of  Novara  in  heat  of  blood,,  and 

thofe  that  efcaped  he  Executed  by  the  Common- Hangman  ,  andbtirg  at  laft  glutted 
with  blood,  and  not  knowing  almoft  which  way  to  be  further  vile ,  he  Jets  to  [ale 
young  Children,  Matrons ,  and  Reverend  Prirfls  ;  And  all  this  he  did  by  not  heeding 
fe  intra  fiat  urn  fuum  continere  ,  which  the  Law  forcfeeing ,  prefenbes  fuch  valuable 
proportions  of  Eftatein  thofe  that  are  to  ferve  on  Juries ,  that  they  by  it  may  fe  in- 
tra flatten*  fuum  continere :  For,  if  once  paffion  predominate,  and  men  finfully  look 
abroad,  then  they  court  unlawfully,  and  attempt  defperatcly  the  accomplishment  of 
it.  In  Anno  1494.  one  of  the  Bifhops of  St.  Andrews  did  Er.fhrine  thebonesof  St. 
Palladins,  who  firft  Converted  Scotland :  This  Shrine  being  Silver  was  the  Eye- fore  of 
a  Gentleman  neer  Fordon,  in  the  County  of  Meruit ,  who  when  Times  were  difafte- 
rous  feized  upon  the  Shrine  becaufe  it  was  Silve r,  and  made  away  with  iheRelique, 
spotifwood,^  7.  but  f,j$  famjiy  foon  after  decayed,  which  was  probably  a  Curfe  of  God  on  his  Sacnledg 
and  Prophanenefs.  And  fol  have  done  with  this  paffage,  Intra  flat um  fuum  fecon- 
■  tinere,!  becaufe  though  it  be  ncccflaiy  to  be  inculcated,  yet  it  rnuft  not  court  me  to 
extravagate. 

Now  then  I  return  to  what  is  to  be  done  previous  to,  and  conductive  of  their  fervice 

to  a  juft  and  worthy  iffue.  Tetum  recordum  &  procerus  placiti  quod  pendet  inter  partes.^ 

Thoioffanm  Syn-  That  which  I  think  the  Civil!  Law  calls  Libellus  accufaticnis,  the  Common  Law  calls 

tag.  7»r».  a>.    Recordum ,  a  word  from   Recordor-,  the  Record  being  the  fummary  and  fubftance 

fuUnt'sil^'"    of  the  Suit  or  Caufe ,  and  therefore  the  Text  fayesit  is  appointed  to  be  read  as  the 

(a)  «.  j.  c  s*.    procefsof  the  Caufe  is  here  alfo  :  Critiques  make  this  word  (a)  Recorder  to  be  the 

moft  Emphatick  word  that  comes  from  Cor,  Valla  confounds  memini  with  Recorder,  be- 

Jiri  mm  can^c  R-ccor^s  arc  a  kind'of  immortal  memory,  the  Lawyers  alfo  call  the  Entry  of  things 

w?rla»upT  in  the  Books,  or  rather  Rolls  of  the  Court  a  R  ecord,  and  this  was  called  a  Roll,  becaufe 

faaum.  entred  on  a  Parchment  that  was  rolled  up  :  fo  Statute  9  R.z.  c.  4.  but  8  H.  6.  c.  12. 

tis  called  a  Record  ;  and  a  Precefs,  or  Record,  14  E.  3.  c-  6.  9  H.  5.  e.  4-  4  H.  6,  c.  3. 

Ac  dilucidt  exponetur  eis  exit  us  placiti.~]  What  the  exitus  placiti  is  fee  the  Notes  on 
the  twentieth  Chapter.  That  which  is  phrafed  here  dilncid'e  expenetur,  is  in  fenfc , 
the  Jury  fhall  heare  diftin&ly  in  their  Mother-Tongue  the  true  fttate  of  the  Conten- 
tion, abftrafted  from  all  thofe  difguifes  and  pretences,  that  craft  and  vehemence  im- 
pefe  on  it  ■,  to  prevent  which  the  Law  appoints,  that  it  'fhall  appeafe  plain  and  unmyftc- 
rious :  dilucide  txponere  is  as  much  as  i^Av'i^nv ,  Intra  luccrt,  as  I  may  fo  fay,  to  fcarch 
into ,  and  perambulate  the  bowells  of  a  Caufe  -,  yea,  tis  as  much  as  to  tell  the  Jury 
what  Points  the  concernment  of  the  Caufe  refts  upon.  This  then,  as  to  do  it  fhortly  and 
pithy  ly,  requires  ability,  fo  declares  honefty  in  the  doing  of  it  •,  For,it  is  almoft  fine  ejtt* 
non,  to  Right  Judgment .-  therefore  the  Text  adds,  Ve  cujus  veritate  furati  illi  curiam 
certificabunt,"}  that  is,  they  fhall  give  their  Verdift  according  to  their  Evidences  and 
the  Righteous  Inftruftions  of  the  Court  ■,  both  which  if  they  follow  they  may  be  faid 
curiam  eirtifieare  di  veritate.']  For,  the  difcreet  Verdict  of  the  Jury  is  a  Certificate  to 
the  Judges,  how  they  finde  the  Caufe  to  be,  find  accordingly  arc  led  to  difpofe 
their  Vcrdift  upon  it. 


%& 


u; 


A  Commentary  upon  Fortes  cue.         ^o 


fjluibr.s  perattis,  t:twqne partium  per  fe &  Confdiarios  fuoi  in  prafentia  Curia  re. 
feret  &  tnantftjlabit  omnes  &  fe '-,-. gu I \: setter ta s  <$ 
cerefefoffe  credit  veritatem  exit;:    ■.nitcwfacitt.ti. 


•  Tbis  remembers  the  method  of  Pleading  Caufes  4  per  fe&  Cenfliarios.J  Of  old 
probably  men  thac  knew  how,  and  would  venture  the  Came  upon  their  own  Memory 
and  Judgment  to  manage  it,  were.permittcd  to  Plead  their  Caufe  ;  but  laterly  it  has 
not  been  in' any  degree  fo .-  but  as  the  Courts  to  encourage  the  Study  of  the  Law,  ex- 
pected Caufes  before  them  fhould  be  Pleaded  and  prolecuted  by  Jurid.que  men  •  fo 
hare  all  Parties  in  Suit  chofe  rather  to  take  the  cooperation  of  a  man  of  Law,  whofe 
Profeffion  it  is  to  know  the  Patriall  Lawes,  then  to  hazard  his  Caufe  to  fave  a  Fee  .-  And 
for  as  much  as  Counfell  And  Strength  is  for  the  War  (not  onely  the  Field,  but  the 
Court-Warr)  and  Caufes  are  beft  defended  by  the  Truth  of  their  Caufe,  and  the  pru- 
dence of  the  Parties  carriage  in  it :  The  Text  fayes,  per  fe  &  Confiliarios  fms  in  prx- 
fentia  ettrU  referet  &  mantfftabit  ±  That  is,  as  the  Plea  is  framed  by  Counfell,  fo  is  the 
defence  or  ftabilitionof  it  to  be  made  by  Counfell,  and  that  vocally,  inprafentia  Cu- 
ria ;  and  this  the  Text  terms  referre  &  manifefiare -,  that  is,  referenda  manifeflare  : 
and  this  infinuates  great  accomplishments  in  Counfellours ;  Prudence  temfeftivt  refe- 
renda ;  this  %-j-xueis.  is  the  wifdom  of  a  man  exactly  to  obferve,  if  he  would  fucceed  in 
what  he  attempts.  Counfell  that  fpeaks  over-much,  and  beyond  the  proportion  of  the 
Courts  liking,  or  that  interpofes  when  the  Court  is  declaring  its  Judgment,  is  not  fa- 
voured by  the  Court .-  therefore  a  man  of  Counfell,  as  he  expects  not  < 
to  recall  what  is  paft  and  gone,  nor  [eekj  tht^Rofe  out  tf  its  feafen,  V'oJiv  ■mfihboi  jkhiuJ/^Jth  wst- 
fo  wili  he  watch  ,  and  catch  at  every  opporrmay  to  worthily  may  \tr.  Prev.  Grac. 
to  accomphfh  his  purpofe.  Not  that  wife  men  are  ever  fortunate,  or 

that  their  Counfell  is  ever  valued;  For  £^,thotjgh  theWifcft  ^„t  t  „T«  „^U. 
of  mcn.waybfcure  and  mkpw  tomeftof  the  Age  he  lived,*,  3s  £piaetuJ  W>|  c^.  lib.  3. 
was  EficletXs  his  faying,  which  S eneca  fuffragated  to  in  his  39th  H-  e  2, 
piftle  .-  but,  though  a  Wife  man  does  rtot  ever  fucceed,  yet  in  doing  ^Jm  Vu,t«*r  f»r«<  Democritus  «■* 
fo  be  docs  as  a  Wife  man  ought,  bene  confulere ;  and  that  no  man  can  ""/"' Soc,i,cm  f*n*  s»*mdiu  camem 
who  does  not  regard  the  Times  and  Seafons,  the  humours  and  pafsi-  ffSf^^T^ "" '"""""'  *" 
onsof  prevalent  and  potent  Parties ,  and  carry  himfelf  wifely  in  all 

Affairs  :  which  Cato  doing,  is  by  Paterculus  Charactred  to  be  Itkjr  a     Homo  *>>/«»  fimllmm  &  p*  *""•"  <": 
G»d  then  a  Man,  vh»  did  not  virtuous  things  for  applaufe,  or  advan-     s""°  d"'^h^»U»t'''  ■  ■?»•  »•?: 

,  '  .     ,  ,,  ,     .        ..*  ji    .      i'r     .  i    '      ,  '  a«*m-  reite  fecit  »(    M  videretDr.  Jed 

tage  fits,  bulbecanje  he couldnot  brtnghis dtvinejoul  into  Jervihty     qma «/«*r  »«» /-««•«.    Fatcicul. ft,  a. 
to  his  br'ntijb  fenfe  ,  nor  account  anj  thing  ytorthjhis  reafon  that  did 
not  excite  him  to  fufiice. 

Secondly,  As  the  Counfellour  muft  reftrre .which  implies  prudence,  fo  he  muftm*- 
nifeftare  tifdim  Juratis  omnes  &  fngulas  materia!  &  evident ias  ;~\  an^this  implies 
Memory,  Art,  Elocution :  Tor  Manifeftare  is  a  word  that  argues  a  refcue  of  any  thing 
from  its  fhade  arid  obfufcation,  and  a  reddition  of  it  apert  and  vifible.  This  potency  of 
Oratory,  and  ftrcnuity  of  Memory  and  Invention,  is  that  Engine  which  from  the  Can- 
nons and  Sacars  of  Language  discharges  fuch  batteries  on  the  eares  of  Auditours  ai 
makes  them  intenable  againft  them;  which,  when  Counfellours  abound  in  ,  and  by  it 
exp.efsthe  learning  of  their  minds,  they  prevail  e  in  allCaufes, 

and  over  all  Perfons  they  are  retained  to  Plead  in,  and  before.-  which     uin  nf%iipt*r  owm*  »t  hommiemf>. 
being  the  defect  of  many  men  of  the  Long  Robe,  makes  them  fo     """  &«'»  « ''» «»'"'*»7"«» /'*  ?*» 

•     .      /■  1_  i-  l_  r     i_    ■     .i  1  qui  muil\ltm\   fcrmmtt  ftd*  *c  Pudenda 

rude  in  ipeech,  and  ingrate  to  the  eares  of  their  Hearers ,  that  no-     luudefrehendHmnr  «  -$»»««  bgn ,  nin 
thing  feems  raoradefective  in  them  then  good  words,  and  a  grace-    """"'  f""""'  ">nf»Ui-  J"  *****  «''« 
full  delivery  of  them  •  which  they  that  want  cannot  Manifefiare    %^^'J^*^ 
within  the  Text.  For,  though  they  may  apprehend  Materias  &  £-    iilL  Dialog.  ^ouiote,Mu.  ■ 
videntias,  yet  if  by  proper  words  the\r  cannot  Manifefiare  Mate- 
rias  &  Evident  ias  caufa  to  the  Jury  .they  are  fhort  of  what  they  ought  ^yet  further  that 
of  die  Text  referet  &  maniftftabit  ?uratis,8cc~\  points  us  out  to  the  double  duty  of  a 
good  Counfellour  after  hearing  of  the  Record  read  •  Firft  Referet ^hat  is.he  fhall  be  a 
Monitor  to  the  Jury  to  obferve  what  they  hav?  heard  :  thus  ( Refer endarins  Papa  is 

Kkk  put 


350  A  Commentary  upon  Fortes  cue. 


timcinl  w  mtuit. 


put  for  the  Popes  Remembrancer,  or  Matter  of  his  Requefls,  to  put  him  in  minde 
what  fupplicants  prefented  their  requefls  to  him  )  and  Manifcjlalut]  to  fatisfie  them 
that  what  they  have  heard  in  theReco:  d,  was  neceffary  fo  to  be  infiftcd  on  for  the  af.  . 


fertion  of  Right,the  caufe  of  tlMkit. 


e  Rao 


Omn-t  materias  &  evidentiat.~\  That  is,  a!l  Points  of  Law  in  the  Cafe,  and  #11 
Teffimonies  in  Confirmation  of  the  Fa& ,  which  the  Law  fo  and  fo  adjudges  to  be 
proved  i  or  elfe  materias  per  evldentias ,  That  is,  a  good  Counfellour  will  fo  mani- 
feft  the  Caufe  full  of  matter  and  moment,  that  he*will  omit  no  Evidence  that  may  clear 
it  to  be  what  be  explicates  it  •,  And  this  to  do  is  to  be  as  notable  a  Patron  to  a  Caufe  as 
shutes  Mp»j,f  Barbara  the  Brejjian  Governour  was  to  that  City  of  his  Charge,  which  though  ic 
Venice,/-.  3*1.     wcre  miferably  ftraitned,  and  the  People  in  it  difanimated,  yet  he  kept  sgaiaft  the  po- 
tent affaultsofit,by  his  noble  courage  and  obliging  demeanour  ^  being  fuch  an  Argot  in 
every  part  of  his  Government,  that  he  kept  up  his  own  Honour  and  bis  Mafters  Inte- 
reft  againft  the  force  and  rage  of  thofe  who  were  enemies  to  both  :  Thus,  if  ©ur  Coun- 
fellour do,  he  will  not  carry  a  Leaden  Sword  in  a  Golden  Sheath  • 
'i  r  fMfeerfir?  kvk\i%  -njMKvff-     that  is,  no  Law  under  his  Barr-Gown ,  evidence  no  Oratory  in  his 
JW  %iw,  Diogen.  in  Apo-     Pleading  and  defence  :  but  be  fuch  an  one  as  will  referre  &  manife- 
thegmat,  fi*rc  omnes  &  fingulas  muter ias  <*/•  evidentiasJ] 

Et  tunc  additcere  poteft  utraque  pars  coram  iisdem  fuftitiariis  &  Juratis  omnes  & 
fngulos  ttfies  quos  pro  parte  fua  ipfe  producer  e  velit. 

As  before  there  was  wOrdo  in  the  Summoning  of  the  Jury  and  Arraying  them,' 
fo  here  is  there  an  Order  expreffod  ir>  Ar  work,  the  ^nd  for  which  they  were  lo  called 

-en  p'teft: 


and  empannelled  ,  Tunc  addncerT  p*teft:  when  the  Record  is  read,  and  the  Counfell 

have  evidenced  fortheir  Clyent ,  then  the  Witneffes  are  produced  toconfirm  what 

points  are  neceflary  to  be  (worn  to  ■,  That  as  there  is  Vtraque  pars, 

$mi  fiuiat  >■  i/to  fujfragiirum  imfUmm    and  Iidem  Jufritiarii,  ar.d  Jurati,  all  pluralls :  fo  therms  to  anfwer 

*Hu»n,  depr,i„nfm  d*tltlu  mm  tit,  m  m.-     tnefe  in  the  plurality  of  their  constitution,  Omnes  &  %'ruli  tetes  ■ 

mtntt  ant  m  dubtll  tcdefis  fkcru,   omnes        «  11    ■(•  .1,  r        \  11  c    L      r    a         i_-   i_-     *         'V*«  , 

**£,!„ prefer,  de  c«u  &  fiinguios  demu-    AH, 11  they  can  Jpeak  to  all  parts  of  the  Fact,  which  is  rare,  every 
re,  unMitiuii  tn.  dtSp€Sacni.e.i7.       one  to  what  part  he  can  depofe.    For  the  Lawexpefts  noWitnefs 

fhould  evidence  any  thing  but  what  is  juft,  and  known  to  him  .-  and 

to  the  depofition  of  which  it  admits  him  not  before  he  be  charged  by  the  GofpeHs  with 

all  fidelity,  to  utter  his  knowledge  :  and,  if  the  Jutticesdolay  thelo.idof  GodsPow- 

v*.   er,  Omnifcience  and  Mercy,  the  great  difcoveries  of  the  GofpcMs,  they  do  what  the 

Text  words  by  Qui  fuper  Santta  Dei  Evangeliaper  Juftitiarios  onerati.  ] 

Qui  Super  Sancla  Dei  Evangelia  per  Juftitiarm  Onerati,  Stc. 

Why  the  Gofpells  are,  that  upon  which  men  lay  their  hands  when  they  Swearc,  I  have 

fhewen  in  the  precedent  Chapter ;  now,  the  exprefilon  of  the  Common  Law  by  the 

mouth  of  our  Chancellour,  when  Juries  are  faid  to  be  Onerati  by  it,  is  to  be  enquired 

into  i  And  an  Oath  upon  the  Gofpcll  is  called  a  Charge ,  or  Burden,  becauf&it  preffes 

the  Soul  to  performance  of  it  upon  penalty  of  the  Gofpeff  violated  ,  being  evidence 

againft:  the  violators,  as  a  heavy  weight  preffes  the  body  down,  and  fills  the  Porter  wi;h 

1  zeph.  11.        care  and  fear  till  he  be  difcrjarged  of  it  :  This  the  Hibrews  expreffed,  not  by  *7t3J,  nor 

ichron.*.  z.r.  |,y  far^  noryetbyDOy,  though  all  thefe  words  are  ufed  tofignifie  PrefureV  but 

zach.iz.v.j.      they  cxpreflcd  it  by  N©D,  or  H©^  a  word  that  is  lifted  up  in  its  import  above  other 

,  words  of  the  fame  feeming  fenfe :  For  this  word  is  ufed  Metaphorically,  for  any  Office 

z"hb!*'i.t5'       Charge,  or  Miniftery  that  is  committed  to  any  one  •,  becaufe  thefe  infrufts  require  care 

if»l  »i,  11.       and  intentncfs,which  makes  Nature  in  thofe  that  bear  them  heavy.and  droop :  Thus  the 

Prophets  denunciation  againft  People  is  called  their  Burthen  -^  and  Dumah'i  Charge  and 

Penal  Menaccis  termed  the  Burden  of  Dumah^nd.  thus  all  care  is  called  a  Burthen:  Caft 

pfal.  ss.  «.'       thy  Bnrthen  upon  the  Lord  •  which  S.  Peter  renders,  Caft  jour  care  upon  him  for  he  caret  h 

1  Pet.  50.  y.  7.         r'  <V  j.lk.  r  ..'■  /•    ~  J^  r k:_ ! •  .  *   ,■ 


'**"«.  AndJj.i.  f<>rJ<>u'-  f°  ^° tne  Latins  ufc  Onus  and  Oner  are  for  any  thing  grlevouy' MaI is omrarc*U- 


Tercnt. 


».  quern  ,  and  Catenis  onerare  aliquem,  [njuriis,  maleditlis  onerare  ;  and  TuSj  Argumen- 

3.DtNat,z>c»:    ttf  qttamplurimis  Hherare  fudicem:  amdLivj,  when  he  fpeaks  of  one  that  d\d  vehe- 
mently 


A  Commentary  upon  Fortijc  u  e.  351 

tnendv  commend  his  friend,  writes,  he  did  laudibus  ilium  onerare  •,    and  Tacitus,  0-  Uh ■♦  **><"l,ii'< 
mrab^t  p«vtt>tinm%<ras  ordo  Muf.nenHs ,  thefe,  and  thoufands fuch  like  expreffions-,  ''*'"' 
(hew,  that  to  c/nrge a  man  upon  the  Gofpels,  a$,^ere,  is  to  lay  load  upon  his  foul  co- 
gent to  his  performance  :  and  this  the  Law  purpofely  does  to  keep  men  fervile  to  Ju- 
llice,   that  they  fhould  not<iare  to  doe  contrary  to  it,  leaft  they  burden  themfelves 
with  God's  curfe  and  their  Confcierxe's  rebuke. 

Et  pncceflitascxegirit  dividant nrtt fits  hujusmedi,   denes  ipfi  depofuerint   quicquid 
vdint. 

• 

This  the  Common  Law  and  the  praftife  upon  it  does  to  prevent  combination  and 
injurious  Confederacy  •,  for  fince  it  may  fallout,  that  Witneffes,  like  fons  of  Belial, 
may  agree  to  depofe  one  and  the  fame  falfhood ,  and  by  dexterity,  helped  out  by  Sa- 
t.m,  contrive  Teihmony  to  fuch  an  harmony,  and  fameneisof  Note,  that  they  may, 
thatgveit,  fmg  one  Jong,  as  we  fay ;  the  Law  has  given  not  onely  the  Direction, 
but  the  Mandat  to  undermine  this  Artifice,  by  honeft  policy,  dividantur  Tefles,  fayes 
the  Texif  but  that  onely,  fi  neceffitas  exegerit,  ]  which  is  the  great  Kegentofthe 
World-,  which  made  the  Comaedsan  cry  out,  Neceffitas  plus  pep  quam  Pittas:  for 
all  men  do  allow  Necellity  to  be  of  the  quorum  quarum  quorum  in  all  Cafes  and  things, 
which  though  it  may  be  pretended  by  many,  who  naturally  are  mutable  and  politickly 
are  Pretem'd,    as  the  people  of  Chios  are  fpotted  for  verfatihty  by 

that  Proverb,  Net  cue  if  Chios  by  birth,  but  ont  of  Chios  in  na-    rOv  %(@-  */<*.*  y\a<.     Adag. 
ture  ;  yet  is  no  .further  to  be  thetemper  of  Wife-men,  then  it  is     60.  Chil.  2.  Cent.  2. 
inevitable4  finlefs,  and  cogent :  in  which  fenfe  Tullj  uttered  that 

Aphonfm,  To, give  war  to  Time,   that  is,  Nectffity,  that  carries     ***."*"'.'"$'  *•&*  !"«' 
all  down  btfore  it,  ts  the  fart  and  property  of  a  JVije  man,  which     Famil. 
Truth,  apt  to  be  abufed  the  fame  Oratour  qualifies  with,  *  £>hic- 
quidnon  licit  ce>te  nan  o  port  et  ■,  and  Saint  Bernard  yet  retrains  more,  1C''" 

in  his  applications  to  Pope  Eugenius,  Certainly  (  fayes  he)  in  Chri-     C*"*  <«  cknpun*  rhiUfyti*  »«.  <<««•« 
fiian  Philofophy,   and  bj  rule  of  the  fcfdm  'that  u  from  above,  no-     J&jMSWT  'SSAr-  * 
thing  is  comely  but  what  is  lawfull,  nothing  expedient  but  that  which  is 
comely  and  lawfull  ■   and  Saint  Aurufttne  confirms  it,  A  thing  may     r"f  al"''"d  ""."  &,-  "'"  "*""'* '«' 

1  r   //      t  •    1  1  1  /  I*  ;  1         fair*  autem  quod  rtoo  ttctt  n*n  fttefl.     S. 

be  lawfull  which  may  net  be  expedient,     but  expedient  that  cannot  be     Aug.  t>e  M*ti.  canjn£. «.  15. 
which  is  not  lawfull.     Though  then  Neceffity  be  to  be  harkned  to, 
yet  it  mu ft  onely  be  fuch  an  one  in  judicial  Affairs,  as  that  is  in 

Martial  ones,  cumresadTriarios  rediit,  when  things  are  fo  urgent     vt t"i  &•  *"ill-°  »»/«M«*  t»x»*"  **■ 
that  there  is  no  avoiding  it,  but  either  WitnclTes  mutt  be  heard  and     '""'  Adl*'  cbl  ''  Cenc-  *"■**  i5, 
examined  apart,    or  elfe  they  will  out-fwear,  or  rather  forfwear 
truth  and  mifguide  the  Court  ■,  when  the  Justices  fee  they  are  refolved  to  carry  their 
defgn  by  rttohirc  and  agreed  depofition,  tunc  dividantur  tefles  ;  and  yet  that  onely, 
donee dtpofutriut ipft quicqu\dvelint~\  the  Law  fearches  out  truth  onely,  and  to  doe 
that,  may  examine  fufpected  evidence  apart,  but  that  done,  and  the  terhmony  made, 
the  WitneiTesare/»y?rf/;.'^»  j    for  the  Law  ordinarily  takes  evidence  as  it's  given  in*  ' 
open  Court,  all  that  will  being  prefent,  and  the  Court  asking  the  Witneffes  in  the 
hearing  and  view  one  cf  another,  arid  if  it  do  feparate  WitnefTes,  and  take  their  te- 
ftimoRy  feveraliy,  'tis  upon  jealoofie  of  Itgerdemaine  dealing  :    for  as  that  of  Seneca 
is  true,  Aculeos  fabdunt  exempla  wbilia,  fo  is  it  on  the  contrary,  one  fcabbed  fbecp  L.i.DeTran- 
inft Els  a  whole  floe ^,    Cmriliant  inter  ft  impii  inimiciffimas  amlcitian,  faith  S.  Bernard,  1ui!-  *-1, 
and  if  there  be :one  Villain  in  a  pack,  hecandefign  what  others  aft,' as  Darituiaxi  of  ^.T/luatn: 
the  Ionian  defection,   Wftitus  wm  the  Shoemaker  though  Ariftagoras  wore  the  Shoe.  »»»cf/,,"Hlfti- 
Thereforcour  Law  to  prevent  mifchief  provides  to  catch  thefe  falfe  WitneiTes  in  a  netj  'L^'chuT." 
.  dividantur  tr fits,  1  rhat  fo  they,  being  ignorant  what  each  other  depofe,    may  by  centV.Adag'**. 
their  contradictory  drpofuions  invalidate  the  credit  of  that  they  depofe,  Itaquod  di- 
Qum  unius  non  doccbit  aut  concitabit  tor  urn  alium  ad  conftmiliter  teflificandum,  faith 
our  Text. 

Sluibus  cenfummatis,  pofiquam  furatoresiBi  delude  ad  tor  urn  libitum,  &C 

This  is  onely  matter  of  form,  and  declares  the  Lawes  or.der  in  proceedings;  every 

Kkk  1.  Article 


W 


iV.d.i.  Term. 

Ttfihs. 

Cook  I.  Inftit. 

p.  117. 

Dr.  v^Siudcnt. 


Fieri  lib.  4.   c.  9. 
De  Veredifto 
Juratorum. 


Note  tbit. 


'•-.H.i.c.zo. 
I   Z.  }.  c.4. 
1  In  (he.  p.  55$. 
llj,  <b-c.    ' 


^Attin&oi  qiuji  viSet 
P'  5«. 


/£  Commentary  «/>  on  Fortes  cue. 

Article  of  proceeding  is  by  Reps  and  degrees  proportionable  to  the'naturcof  fihe  caufe, 
and  the  Judgement  ibe  Law  is  expeded  to  give  in  it.  As  thcreforAhe  Jurors  do  hear 
and  obfervc  the  Record,  the  Evidence,  and  the  Direction  of  the  Court,  fo  in  their 
retreat  to  debate  and  confider  of  their  Verdid  ,  as  they  are  not  compelled  by  the  Law 
to  come  before  they  have  confidered  and  agreed  their  Verdict,  fo  are  they  not  fa- 
voured in  their  unreafonable  Cundation  v  a  Verdid  mod  be  given  before  the  Jury  can 
be  free,  and  the  Court  whofe  legal  Prifoners  they  are,  (for  they  are  in  Cuftodia  Mi- 
mftrorum  Curia,  )  not  allowing  them  fire,  candle,  or  drink,  till  they  have  given  up 
their  private  Verd id,  and  after  that,  when  they  have  all  tbofe  conveniencies,  yet 
they  are  not  difcharged,  till  they  have  given  their  Verdict  in  Court.  •  I  fay,  all  this 
confidered,  the  Law  does  wifely  to  allow  convenient  time  to  debate,  but  none  to  un- 
neccflary  delay  ;  and  as  it  keeps  them  from  food  and  fire,  that  neceffity  may  drive 
them  to  difpatch  and  agree,  fo  does  it  keep  them  under  the  eye  of  the  Court  from  con- 
ference with  any  ( the  Minifters  of  the  Court,  being  fworn  men,  fervants  to  the  Court, 
and  fo  in  this  fenfe  the  Court  )  leaftif  they  were  at  liberty  they  might  be  folicited  and 
bribed  by  the  parties  in  Conteft,  to  the  overthrow  of  right.  And  this  difcovers  the 
exadncis  of  the  Law,  that  it  leaves  no  (lone  unturned  to  promote  difcovery  of  truth, 
which  when  it  has  found,  then  it  appoints ,  that  thofe  that  departed  the  Court  to  confi- 
der in  order  to  a  Verdid,  fhovld  return  orderly  with  it,  reveniet  in  Curiam  faith  the 
Text  i  and  then  modo<fr  form*  they  give  their  Verdid,  and  according  to  that  Verdid, 
fuftitiarii  reddent  &  ftrmabnnt  judicium  funm,~]  that  is,  as  I  humbly  conceive,  the  Sen- 
tence arifing  from  the  matter  of  fad  verdided,  the  Jnftices  before  whom  the  Verdid  is 
given,  fuppofing  the  Jury  juft  and  untampered  with  C  as  the  Law  concludes  them  to  be 
when  they  follow  their  evidence,  and  the  direction  of  the  Court  according  to  it)  do  give 
judgement, that  is,fuffer  judgement  to  be  entred  according  to  it.  And  this  argues  Juries 
notable  promoters  of  juftice  in  tryalsof  fad,  becaufe  the  Law,  which  is  an  aejui  & 
bom,  has  appointed  that  its  judgement  fhall  be  entred  according  to  the  Verdids  of 
them  •,  which  if  the  Gentlemen  and  men  of  Fortune  in  this  Nation  doe  rightly  con- 
fider, they  would  be  more  pundual  to  ferveon  Juries  then  they  are.  For  befides  the 
notable  experience  it  begets  in  men,  and  the  parts  in  them  it  difplayes  ;  it  not  oncly 
advances  diftribution  of  Juftice  in  the  Nation,  but  it  facilitates  and  makes  more  cur- 
rant the  judgement  of  the  King's  Juftices  in  bis  Courts,  fince  all  the  burden  lies  not  on 
them,  but  the  matter  of  fad  paffes  the  Verdid  of  Juries,  compaded  of  Knights,  Gen- 
tlemen, and  Freeholders,  who  are  confiderablc  men  in  Geumies. 

Tamen  ji  pars  altera  contra  ejuam  verediklum  hujmsmedi  prolatum  eft ,  conquer  at ur  fe 
perilludinjufte  etfegravatum,pcrfequi  tunc  pot  eft  pars  ill*  verfus  Juratores  illos, 
&  vcrfus  partem  qua  obtinuit,  breve  de  attintla.  &c. 

Still  the  Law  by  our  Text  affords  remedy  againft  in  juftice.  For  though  Verdids  are 
not  as  the  Law  of  the  Medes  and  Per  pans  irreverfible,  yet  as  Judgments  pronounced  in 
the  King's  Courts  they  muft  (land,  till  they  be  reverfed  by  Attaint  or  a  Writ  of  errour, 
4H.4.  c.  23,  9  R.2.  c.  3.  31  £.3.  c  12.  27  Eliz  c.S.  31  E/iz.  e.  1.  .5  E.  3. 
c.  2.  10  E.  3.  c.  3.  3  H.7.  c.  10.  27  EH-c.  c.  j.  3  Jacob.  8.  fo  may  the  Jury  be 
attainted  for  their  partiality  and  perjury  3  E.  1 .  e.  3  7-  1  E.3.C.6.  5  E.  3  c.  6,8c  7. 
28  £.3.  c.S.  &34C  7.  23  tf.  8.  c.  3.,  and  fo  in  fundry  other  Statutes. 

Breve  de  attintla.  ~]  This  is  an  ancient  Writ  at  the  Common  Law 
called  a  Writ  of  Attaint,  becaufe  it  referrs  to  perfons  vanqrjifhed 
in  judgement,weighed  in  the  ballance  of  Juftice  and  found  too  light  • 
the  word  feems  to  come  from  ad  and  tango,  attingo,  as  much  as  to 
overtake,  and  to  guiltily  reach,  though  it  be  ext remit  digit  u .-  the 
word  in  Oratours  fignifies  lefs  then  in  Lawyers-  for  the  Lawyers 
make  Attaint  and  Attainder,  to  be  the  higlieft  diflionour,  Felony, 
Treafon,  Perjury  ;  the  ancient  books  call  it,  Breve  de  Conviftionc, 
that  is,  a  Writ  to  fummon  an  honeft  Jury  to  attaint  a  perjurjoas 
one,  which  falfe  Jury,  after  Convidion  and  Attaint,  contrads  a 
very  fore  punifliment,  the  particulars  whereof,  colleded  out  of  the 
Antiquities  of  the  Common  Law,  Sir  Edward  Cook,  has  furnifhed 

mc 


Spelrnan.  Gtoli. 


Cic.  pro  Calio; 

^Minffit  ir  attinftura  pro  ifliies  mtdir ea- 
rn: mttmft/tAtntu  &■  htrtiittrtt  fuceftio- 
mi  qua  per  i*m  [M»t*  eft  comejumatiene, 
Spelm.  dolT.  p.  jj. 

Idem  eodem  lea,  p.  1(4.  E. 

Glanril.  lit.  *.*.  i». 


A  Commentary  upon  Fortescue,  35$ 

• 
me  with,  the  firft  whereof  is,  Amittat  liberam  Legem  in  perfetunm,   that  is,  let  a  Ju- 
ry-man, that  has  contrary  to  the  fear  of  God,  the  reverence  of  the  Law,  the  charity 
to  h:s  Neighbour,  an4  the  peace  of  his  own  foul,  been  fordid,  and  for  gain,  fear,   or 
lore  given  falfe  Verdift  in  a  cau  fc  ■,    let  fuch  an  one  (  I  fay  )  be  out  of  the  Lawes  pro- 
tection, as  he  extruded  the  Law  his  affecfior?-,  let  him  lofe  the  Law  of  a  Freeman,  and 
become  lawlefs  as  a  Villain  :  hence;  I  fuppofe,  the  Book  24  E  3.  fit-  M-  "lis  this,  The 
viSanons  Judgement,  not  to  reproach  the  Judgment  of  the  Law,  but  as  to  theperfons 
meriting  it,  who  thereby  of  Free-men  become  villaines.     Secondly,  As  his  Perfon 
ihould  be  out  of  the  Law's  favour  and  protection,  fo  Forisfaciant  omnia  bona  & 
eataHa  fua,  let  his  Eftate,  that  confifts  of  Money,  Plate,  Debts,  Leafes,  Annuities, 
be  forfeit  to  the  King,  as  a  Compenfacion  to  the  King's  Honour  for  the  blot  that  it  has 
fuffercd  by  his  perjunousnefs.     1  hirdly,  Tern  &  Tenemmta  in  minus  Domini  Regis 
capiantur,~]  while  he  lives,  let  his  real  Eftate  be  anothers,  and  not  his  to  en  joy  or 
command.     Fourthly,  guoi  uxtrcs  &  liberi  extra,  domes  ejicerentnr,  J  The  inno- 
cent Wife  and  Children  that  are  at  borne  in  the  Houfe,  harmlefsly  aflbciating  each 
other  where  their  fecunty  is,   are  to  be  caft  forth  to  the  contempt  and  injury  of  cold 
and  want ;    which,  how  dolorous  that  condition  is,  let  Hagar's  tears  fpeak,  who, 
extruded  by  her  Miftrifle,  fat  like  a  forlorn  in  the  open  Wildernefs;  to  which  perhaps  cm.  ti.u. 
as  well  as  to  the  punifhment  of  Cain,  the  Pfalmifi  might  allude  in  that  imprecation  he  <?*••  4.  w- 14. 
Prophetically  makes  on  wicked  men,  to  whom  his  Perfon  for  his  piety  was  an  eye- fore, 
Let  his  Children  be  Vagabonds  and  his  feed  begg  their  bread,    that  is,    let  them  be  Tfit.iog.  10. 
men  that  have  no  home,    but  wander  here  and  there  as  never  out  of  their  way. 
Fifthly,  Bomus  fu£  proflrentur,  ]   Let  not  onely  shey  and  theirs  not  have  being  in 
their  own  Houfe,  but  let  their  own  Houfe  not  be  in  being,  but  become  a  Monument 
of  tbeconfufion  that  is  penal  on  perjurious  falftiood.    Sixthly,  Arbtrts  fr.a  extir- 
fenturt  ]    Let  not  onely  the  Building  and  Ornament,   Trees  the  Beauty,    Profit 
and  Honour  of  it  ceafe  ■,  and  his  rich  laden  Meadows,  which  filled  his  Dairy,  and 
flailed  his  Oxen,  and  fupported  his  Plough,  let  them  all  be  ploughedand  broken  up  i 
and  tothecompleatmenrofhispunifhirtent,  when  his  Wife,  Children,  Houfe,  Lands, 
have  been  forely  harrcfltd,  let  his  Body  be  imprifoncd  without  Bayl  or  Mahifprife,  H««  "*•  t«  «•'• 
and  this  touches  the  Offender  to  the  quick,  whenheisreftrained,  andcanftirrno  fur-  *-'-41- 
ther  then  the  Bar  and  Lock  of  a  thick  door,  or  the  length  of  a  ftrorig  Chain,  or  the 
narrow  bounds  of  a  loathfome  ftrait  Room  will  permit  him,  then 'tis  mifery  with  a 
witnefs.    Impnfonment  is  one  of  the  puniftiments  that  all  Nations  inflid  on  Offenders, 
and  though  Calins  Rodiginus  tells  usof  other  ends  of  Prifons  then  puniftiments  of  grofs  *njJ,ciult- M- I?- 
Crimes,*  yet  certainly  the  chief  ends  of  Prifons  was  to  keep  them  bound,  who  would 
abufc  Liberty  to  injure  and  ill-principle  others.    Thus  we  read  of 

the  Cretap  Labyrinth,  and  the  Mtjfenians  Thefaurus,  the  Carians     SiMVlcu^,l'H'';  6^T*d^dt 
Termtrio,  whence  the  ufc  of  TrriwfrM  014/4,  the  Cjpriots  Ceramon,     Adag'  C"""r'         '*'  ^  "i't"' 
the  Boeotians  K'o^Kg-f,  and  the  Per  fans  Lcthis,  the  Attamans  Bara-     Ale,[  ak  Al"*1"'-  «'•  »•<•$• 
thrum  and  Mehta,  the  Spartans  Dee  as  zndCarda,  the  Latomins     cic  mvcucm.  iW.] /<*.  6.  ■sJuTmiti 
built  by  Dionrftas  the  Tyrant  of  Sjracufe,  the  Roman  Seeleratus     c*lius/,A  i7  ^  ,. 
Campus,    tneir  Cemonn  Gracchus,    their  Spoharium,    TuRiannm     etiius  Rhodig. /<*  17.  ».  $. 
Ancon.     Thefe,  and  others  fuch  like  a/fliftions  on  facinorous  men, 
arc  equalled  by  this  feverity  of  our  Law  in  the  imprifonment  of  perjurious  Jurors 
bodies,  which  judgement  of  the  Common  Law,  the  Statute  of  23  H.  8.  c.  3.  docs  mi- 
tigate the  feverity  of,  and  therefore  to  that  Lreferre  the  Reader. 

Nor  is  the  Common  Law  onely  fo  fevere  in  this  Cafe  of  Per- 
jury, but  even  all  National  Lawes  equal  them  in  feverity.    Tho-     oiod.  sicui.f.  tt.Edit.  Hanori*. 
Ujfanus  has  to  my  hand  collected  the  feverity  of  many  Nations  a-     s".nr*6"J!- Juris  umverfi.  hi.  ,0.  a. 
gainft  Perjury,   and  the  Digefi  feconds  all  feverity  againft  it ;    J]^^sTum^t!tTfS!m 
for  when  (a)  Paxlus  f tyes,  Sufficit  Perjurii  poena,  the  Glofs  adds,     "*  M"i-  ' 

Perjrtrii  poena  divina  exitium,  hnmana  dedecus,  which  it  has  out  '"*        '  '"' 

of  Tuuj,    that  Hellt<o  of  Law,  Language  and  Wifdom  ,  lib.  2. 

De  Legibus.    And  therefore  is  it  that  an  Oath  being  a^x'^^ip-     M*fn/^  0  M*-*'  <&j  4^/" 
*.pjr,   no  trivial  cufiomary  thing,  as  PhiU's  words  arc,  but  a  ci~    ^"  iromSnlov.  lib.  DeDecfe; 
ration  of  God  to  bear  roitneffe  of  it,  if  it  befalfe  it  provokes  God,  becaufe     1°S°-  ?•  75  6- 
it  makes  truth  it  felf  -mitne^e  of  a  Ije,  is  fo  puniftied  by  God  and  men, 
as  m  the  fubfequent  words  appear,which  are.  Virtutt 


3>^  A  Commentary  upon  Fort  ejcue. 

J'irtttte  c'ujus  fi  ccmpertum  fucrit  per  fat  ramtntum  viginti  quatiicr  hminttm,  in  for- 
ma prxnotata  returnaiorum,  tlttlorum,  &  juratorum,  qui  mtilto  majora  hake- 
bunt  pattMcn'u  quam  Jur^t.res  frimi,  Quod  idem  primi  fur  uteres  falfum  fe- 
ccrtint  Sacramimum  ,  &c. 

Virtuttcu)Hs.~\  That  is,  Bnvisde  Att'inhla  ;  for  this  is  the  Warrant  for  the  Sheriffs 
Summons  .•  For,  compcrtum  it  cannot  be,  if  not  quajitnm  ;  and  qnaptum  it  cannot  be, 
fine  mandate-  Regis,  and  that  can  be  no  enherwife  then  Buvide  AttinUa.  ?o,  that  if  at- 
taints be  neceffary  to  puniih  Perjury  in  Juries ,  that  punifhment  mn.ft  be  difcovercd 
due  to  the  Faft,  by  the  Tad  leg  illy  provid  ,  and  that  the  Text  fayes  mutt  be  by  the 
Oath  of  foure  and  twenty  men  ,  this  is  the  dirtftion  of  the  Common  Law  .-  For  , 
neither  in  the  Statute  1 1  H.  7.  c .  24.  or  1  H.8  c.  1 1.  which  are  expired  :  or  of  23 
H.8.*.  3.  do  [  finde  the  direftion  for  it  other  then  as  by  the  Common  Law  •,  «in  affir- 
mance of  which,  fo  much  of  the  Statute  of  23  H.K.c.i.  as  concerns  the  number  and  va- 
lue of  the  Jury  on  attaints  wes  made  ^  1  or,  in  as  much  as  an  attaint ,when  proved,con- 
tnefs  great  infamy  and  puniftiment ,  the  Law  before  it  adjudges  and  inflifts  them 
expects  to  be  notably  fatistied  j  and  this  appeals  from  the  er.hanfemenr  of  the  number  of 
the  Jurors  to  try  this,  whereas  twelve  ferve  in  other  cafes,  foure  and  twenty  muft  be 
in  this :  and  whereas  men  of  the  value  of  40  s.  freehold,  or  4  /.  in  fome  cafes ,  here 
the  Law  requires  that  the  Jurors  fhall  have  every  one  20  pounds  by  the  year  Freehold, 
15  6/ifcctj.  (*-c%  15/f.  6.  r.5.  18  H.  6.  c.2.  and  thus  flood  itwbemour  Text  waswritten,thocgri 
the  Statute  23  H.  8.  c.  3 .  reduce  the  quality  to  20.  Karks,  and  this  confirms  that  of  the 
Text,  Multo  major*  habebunt  patrimenia  quam  Juratcres  primi."]  Thefe  then  returned 
elcfted,  andfworn  in  dt:elermof  Law,  are  to  enquire  whether  or  no  that  be  true 
Which  is  fuggefted  •  Qvod  idem  primi  furatcres  falfum  fecermt  Sarramentum.~]  In 
fscr***t*m,ii-  wjjat  jj-enj-c  Qatns  are  termed  Sacramenta,  I  have  written  in  the  Notes  on  the  20.  Chap. 
"0*  suetoiuT  ter.  That  which  the  Law  aimes  at,  is  to  prevent  falfe  Oathes  by  punifhment  of  ihofe 
ctiipU*.  mQt\  fCvcrely  that  are  guilty  of  them,  That  (a)cthers  may  heare  and  fear,  and  do  no  more 

JZ'?y"??°  prcfnmptuo/jlj.  For,  the  Law  having  indulged  Trial!  of  the  Faft  to  Juries,  and  the 
j  hjl.t.  c  74.  p-  Court  charging  them  to  make  true  enquiry  of  all  things  in  evidence  before  them,  and  not 
i6'd  1  i-  t0  iive  Ver^tt  for  favour  or  ajfitlUn,  fo.help  them  God,  They  for  favour  or  afftcti- 
(*;  eut''  '  on"going  malicioufly  ^gainft  their  evidence,  deferve  not  onely  infamy,  but  all  the  con- 
fequent  punifhments  ot  their  feducjtion :  And,  although  B'rallen  fayes  favour  may  be 
(hewed  quo  ad  infamiam,yct  is  there  none  quo  ad  poenam  redemptions : 
Lib.  4.  Tr*n.  4.  c. ».  f.  no.  for,as  God  is  a  hater  of  falfe  Swearers,  Z<*c&  8. 1 7.  and  a  fvift  wimtft 

h^Mm  p.r}mrm  &  '*?""' "{7,  n?    Pg'hift  them, Mai  3?  fo  have  ever  the  Lawesof  this  Land  been  eager 

ft  rtiiertnl  &  comfti farm!  una  ;nm  bu  JI«-  b    .     „     ,         '   .         l_      r  r  •  r»         n  • „     D1"1 

giticju  faimhu  p*tria  exurmmwtur.  in  agaimt  them:  by  the  Lawes  01  Cnnte  it  was  Banifhment.and  to  forfeit 
nr  l.  carnal,  c.  6.f.  10$.  n*.  Edit.  (,1$  j_and.-by  the  Lawesof(a)  Bthelfian  to  want  Chriftian  Burial;  and 
T(*)p.  si.  tit.  f°  hy  thofe  of  St.  Edward  (b)  to  be  as  it  were  un-Chriftian'd.  And 

Cb)  t.  si.  becaufe  they  that  were  perjurious  were  not  Oaths-worth,  therefore 

were  they  never  to  be  believed  afterwards :  which  is  in  our  Texts 

words,  nee  aliter  reeipientur  in  teftimonium  veritatis.]  for,  the  reafon  is  by  BraUen  ad- 

dtd  ,  Quia  qui  femelconviflns i  de  perjurio  prafumitnr  quod  it  crum  tie  lit  perjurare,ac- 

.ub.  4  Tra£V.4.c.   cor<iin«  l0  vvliich  the  Books  are  cited  by  our  Judicious  Selden,  in  his  Notes  on  this  verv 

5-*l9Z-  ChapteV 

£t  pars  qua  fuccubuit  in  priori  placito  reftituetur  ad  omnia  qua  ipfe  perdidit  ecca- 
fione  e>us. 

This  conveniently  follows  ,  for  if  a  Detriment  be  befallen  a  man  upon  falfe  Oath, 

the  evacuation  and  difproofe  of  that  Oath,  ar.d  the  attaint  of  the  perfon  forefwern  by 

it  muft  inferr  Reftitution  of  that  which  the  improbued  Oath  occafioned  :  For,  as  that  ' 

rjb.z.c.19.         of  Glanvil  in  point  of  the  punifhment,  is  true,  Qua  pana  adeo  reSe  inftituta  ejfet  ut 

Djei  fil.  ijo.       ejuoflibet  ab  iUicita  praftaticne  Sacramenti  in  tali  eafu  coerceat  fimtlitudo  fupplicii  ■,  fo  in 

•    point  of  RefHtution,  that  implies  the  Nature  of  the  recompencc,  to  have  what  .they 

loft,  and  their  reafonable  coRs  and  damadges :  fo23  H.  8.r.  ?.  confirming  1 1  H.  7 

c.  4.  and  the  fame  was  the  Common  Law  before  in  point  of  Rcflitution,  of  what  was 

'   '      loft 


^Commentary  npon  Fortes  cue.  $» 

loft  by  the  falfe  Verdict  ^  for  fo  fayes  our  Text,  Rejlituitur  ad  omnia  ^ut  ipfeperdidit 
cccajisncejKS.^ 

£l*is  tttnc  igitur,  ctiamfi  iwmemor  falutis  an'.mt  fua  fuerit  ,  non  formidine  tan- 
ta  pans  &  vereci-.ndik  taut*  infamia  veritatem  non  dicertt  fie  jurat  us,  &c. 

ThisGlaufeis  inferential  of  what  the  Chancellonr  collects  from  thepremifedfeve- 
rity  of  the  Law  cowards  violated  Faith,  and  abufcd  Juftice  •  and  its  interrogative  ve- 
hemence having  the  Oratory  of  a  pofitive  negation  ,  mindes  us,  that  no  man  that  is 
wife  and  worthy  will  pawn  his  Soul  to  fill  his  Purfe ,  or  hazzard  his  Good  Name  to  ac- 
cept a  petty  Bribe.  For  fince  God  would  have  every  man  a  Caneus, 

to  be  armed  with  innocence  from  top  to  toe ,  and  in  no  part  or  point     Ajityt  J**f  x«<  «s  K«v«  vs.  A- 
voidof  its  Muniment,  but  wholly  invulnerable  by  willfull  and  no-.    dag.  2$.  Chil,  3.  Cent,  4. 
toriousfin;  No  man  that  will  have  the  hornam  meffemol  Heaven,       Adag.ti.  rtA*.  cm.i. 
and  obtain  his  veffell  as  top  full  of  glory  as  it  can  contain,  and  a  good 
Confcience  preferved,will  have  from  the  righteous  Judge  ;  no  man  I  fay,that  ftrives  for 
this,mutt  or  dare  make  bis  foul  a  Vmwjtv  sWr/ordid  to  fin  and  vice,which  God  abhors,  c^L'Cm'  *' 
and  for  which  he  hath  prepared  terrours  in  life,  and  torments  after  death.  For  fince  the 
Holy  Ghoft  has  told  us,thar  without  (hall  be  Begs,  And  Enchaunters,  and  whoremonger s,   j^vei.  »4 
anl  Murtherers,and  idolaters, and  whofoever  loveth  and  maleeth  a  lie, and  into  the  new  feru-   Fphef.  s .  j. 
falem  no  unclean  thing  ntufl  enter :  but  unto  him  that  ordereth  his  Converfation  aright  the   pfr™',"  -^ 
falvation  of  GodJhaU  befheved^hegood  and  grave  Knight  here  confirms  his  own  and  his 
Readers  mindes  in  the  belief  of  this,That  no  man  can  be  falfe  to.the  Law  and  the  King  in 
violating  his  Oath ,  and  injurious  to  his  Neighbour,  in  parting  with  his  right,  which  he 
ought  to  juftifie  •   but  he  that  neither  feares  God,  nor  revcrenceth  Man,  he  that  is  Im- 
memor  falutis, and  cares  not  whether  he  fink  or  (wirn,as  we  fay,and  is  defperac'e,not  va- 
luing Reputation,  or  Perfonall  difhonour,  but  reflsyW  formidine  tant*  poena,  and/»r 
vereetmdia  tanta  infamit. 

In  that  then  the  Text  fayes  guifenim  tametji  immtmor  falutis  fu<t  futrit  -,  ]  it 
points  out  to  us  the  piety  of  the  Law  that  Sweares  us  on  the  Gofpell,  that  we  might  re- 
member the  requiries  of  the  Gofpell  •,  to  love  truth  in  the  inward  Man,  and  to  do  as  we 
would  be  done  by,  as  the  God  of  the  G»fpeS exacts  from  u§,  and  to  feare  to  do  the  con- 
trary upon  the  Curfes  that  the  violated  Gofpell  threatens  upon  its  violators  v  fo  does  it  , 
minde  us  that  fome  there  are  that  as  they  put  the  evilldaj  far  from  them,(o  do  they  in  Amos.  e.  3. 
their  actions  demeane  thimfelves,  asunmindefullof  all  thofe  glorious  remains  that  the 
Image  ofGod  in  them  is  capable  of,  and  has  depofited  for  them :  which  prophane- 
nefi  ( fork  is  a  vilipendency  of  a  birth-rig^|nolefs  noble  then  Efau's  was,  and  fold  no 
lefs  trifflingly  then  was  his)  if  itfliouldprevaileinafeducedvfinner,  to  promote  or 
give  way  to  ,  and  he  throw  away  his  Eternity  as  a  thing  of  naught,  yet  is  there  in  the 
lega.Il  cenfureof  this  Perjury  in  Jury-men  attainted,  fomewhatthat  the  Chancellour 
thinks  being  more  affective  of  the  fenfeof  Man,  will  more  work  with  him  then  hu 
Heaven  will  ■,  For  that  few  underftanding  aright  do  not  futably  value ,  but  this  every 
ion  of  Adam  can  judge  of,and  will  endeavour* o  avoid  difgrace  to  his  Na  me, and  puniflj- 
ment  in  his  Bodj.    For  furely,  of  all  things  cogent  in  man,  fear  is  the  flrft  and  firmeft ; 
Primus  in  orbe  Deos  fecit  timor:  and  the  Prophet,  who  well  knew  what  the  power  of 
mortall  pafiion  was,  cries  out  to  God  to  affect  his  enemies  with  thisone  of  them,as  that 
which  would  reduce  all  the  reft  to  terme9 ;  e^  Kt/'p/«  ?»/3il(K«,  as  Aauila  reads  it  .•'  and  our 
Tranflators  after  it,  f.ir //;?»»»'»  fear  O  L«rd,thatthe  Mationt  may  lenow  they  are  but  men.     r. 
Feare,  O  ti's  that  which  brings  men  into  fcrviltty  and  compliance ,  which  makes  Lxpide  * a '  V"' 
read  thefe  words  by  Tone  legiflatorem  fupereot;  andCajetan  by  pone  dominum ;  ando- 
thers  by  Tone  jugum  vt I  dominium ;  becaufe  all  thefe,  being  terrible,  caufe  feare  and 
dread  in  the  objects  of  their  tcrrour  and  fury ,  and  that  our  Chancellours  exprefliom 
may  have  their  allowance  of  weight,  this  formidois  no  tranfient  feare,  which  does  not 
eadere  in  v'r<m  conflanttm  ;  but  it  is  metus  permanent :  fuch  as  does  not  onely  make  the   fit, 4.  r*/:*/.?i. 
heart  ake,  and  the  joynts  to  tremble  ,  but  fuch  as  therefore  is  fuch  from  the  profpect   ''*»»*«  fmdii' 
ithasintoallthe*rr<«Manddimenfionsof  that  which  it  feares :  hence  Sealiger  derives  d,m  ****  v"'"' 
formido  a  for  mis  id  ejt  fpeUris  -,  not  onely  for  that  men  by  feare  take  appearances  for 

more 


if  6  A  Commentary  upon  Fortbscue. 

Bm*a«fimi-  raore  then  they  trueVy  are  ,  accordingly  to  that  of  the  Orator  ,  "Horrible  ftAres  trife 
w.T«7««.'  out  of  the  igmr Ante  of  thmgs :  but  becaufe  feares  ("often  and  ca joule  men  intoobfequi* 
cic.  i.  it  Fi»<-'  oufnefs.  Even  God  himfelte  prevails  moitly  on  men  by  feare  -,  when  thj  Judgments  Are 
**'•  ,„  the  world   faith  the  Prophet,  the  Inhabit  Ants  of  the  fVerld  wit  hum  righteoufnefs. 

n«i«.».  what,  no  otherwayes,  nor  before?  will  not  the  love  or  Chrifi  conltrain  ?  no,  not  the 

World-    the  little  Flock  onely  are  fo  tender  and  mouldable.-  It  is  the  fear  of  Gods 
Sovcraignty  that  brings  the  rebcll  World  to  crouch.  It  men  do  Li- 
Lib    4.    De  rerum  voctibul'u     tjerfam  cantionem  canere ,  as  Julius  /'o/7»*  his. words  are,  tisagainft 
CavTIiVI  A2MATnNi8r/x^.     their  wills :  the  fenfethenis,  Perjury  being  fo  great  anorTence  in 
r  the  Jurour,  and  the  Law  r.ot  leaving  men  to  that  liberty  in  point  of 

Ertfm.  .Aii-  js ■  CM.  t-  On.  ♦.  Oaths,  that  Corey  a  left  men  in  other  things,  according  to  that  Sar- 

(a;  cmt.  i.  M*g.  ii.  chl. 4.  cafiiefUi  AiUge  (a)  LjbirA  Cercjra  caca  ubi licet ;  but  requiring  not 

onely  that  no  Jury  man  (hall  be  an  ambidexter,  but  if  he  be  fuch  pti- 
nifhing  him  according  to  the  Statute  5  Ed.$.c.  10.  and  the  other  prementioned  Sta- 
tutes ;  but  alfo  that  he  be  inculpable,  and  know  no  party  in  Judgment ,  as  he  will  avoid 
that  fore  judgment  of  attaint :  the  Chancellour  docs  well  to  urge,  that  if  a  man  lay  a- 
fide  all  Religion  and  Morall  virtue,  yet  in  the  bare  formidofocn*  there  is  enough  it  felf 
to  deter  him  from  provocation  of  the  Law,  and  procuration  of  bisownpunifhment 
»  according  toit  ^  efpecially  when  there  is  verecundiA  tantx  infamia]  added  to  it.  For 

this  offence  does  not  onely  afflict  the  perfon,  Fortune  and  Relations,  but  befpatters , 
yea  deturpates  and  difhonpurs  the  good  Name  of  any  man  •,  and  to  be  infamous  Men 
naturally  hate,  to  be  odious  and  contemptible  is  the  plague- fore  of  life,  which  every 
man  fliuns .-  This  God.  himfelf  humbles  man  by ,  when  he  tells  him ,  That  he  being 
ffal.  1.  j.  little  lover  then  the  AngtHs,  and  crowned  "frith  MAJefij  And  Honoury  abode  nit,  but  becAme 

as  thebcAft  that  ferified :  For  this  of  fuffering  diminution  is  the  great  Creft-fall  to  all 
Manly  mindes ,  when  men  are  ranked  with  the  dogs  of*  the  flock,  they  are  no  company 
for  any  but  pcrfons  of  difregard,-,  and  to  fuch  do  they  onely  incline 
qenenfiorii  trims  fi*iim  fUmt  cum  fi»-     who  are  infamous.     Whereas  brave  and  virtuous  mindes  arc  like  ge- 
a»  </».  Adag.  74.  chii.  1.  ccdi.  3.        nerous  Trees,  that  will  not  onely  bring  forth  fruit,  and  that  quickly, 

but  will  thrive  in  no  foyle  that  is  not  generous  like  themfclvts :  This 
y  a )  vmu  ix'fi*'  dtl"  *sf  f'«"tii"tt  then  the  Chancellour  confidering,  arraigns  the  perjurious  perfon,  as 
qnifibi  itfitia*.  >a  Geihai  ut.  i.  c  t.  not  onely  ftupid,  in  not  fearing  the  punifhment  of  his  Crimes,  but 
r'  '"  phrantick,  in  contemning  all  raodefty  and  care  of  his  report  ande- 

JmfctHqmiamcurrere  *i  mortem  ommune       fteeBl  ;    Mlte/lus    in    (fi)  Agcllius    tells  the  World  ,     That    the  brAVe 

cum  rvtUiiiffit  dtiibenre  &  c*mfa,  tjw  tx-  minde  holds  himfelf  obliged  to  do  every  thing  lilee  it  felf.  And  if  ever 
tcmurc  m«.  A**  «■*  ^*jr^K    any  man  would  have  a  fair  autumne,  he  renft  have  a  tender  refped 

etnjiUum  fitfiiferevel  fmere.w^entii  ejt  mi-  ■',.,.  ,  ,  ,„-.  n  •  in-  ,    ,.', 

m.    rim.  ficmini  m  Epift.  to  his  fpring  and  folitice-  Reputation  oncelott  is  not  regain  d  buc 

by  fomething  ftupenSSioAnext  doore  to  Hyferhumane,  which  con- 
fidered,  the  Chancellour  brings  in  the  dearnefs  of  a  good  name,  and  the  avoidance  of 
the  contrary,  as  pregnant  motives  to  avoid  Perjury  •,  If  the  thoughts  of  Heaven  and 
bodily  freedom  would  not  prevaile,  yet  the  care  of  avoiding  difgracc  fhould  make  a 
man  that  is  Sworn  to  do  right,  fcare  to  forfeit  his  oath. 

Et  fi  units  forfAn  tantus  fui  honoris  frcdigus  effe  nen  fepetcerit,  aliqui  tamen  Jura* 
torum  tAntorum    famAm  fuam  non  negligent ,  &c. 

This  the  Text  adds  to  fhew,that  as  one  fcabbed  fheep  may  be  in  the  flock  of  a  Jury  ,fo 
in  that  there  may  be  others  found  and  good, that  infected  andfeduced  one  can  do  no  inju- 
ry to  Jufiicc,  if  the  reft  or  any  part  of  them  hold  their  own  .-  For  though  that  may ,  in  a 
r  -    fenfe,  be  true  in  Juries,  which  was  reproachfully  fpoken  of  the  difcordantCV rianstMul- 

cnufiT'  ""''  titudo  Imperatorum  CAriam  ferdidit  -,  yet  fo  long  as  there  is  any  limb  of  that  body 
hayle,  all  the  others  fubverfions  fignifie  nothing :  For  the  Enquiry  of  the  Court  is, 
Are  je  aH  Agreed  of  jour  VerdiEl  ?  if  any  one  fayes  no,  (holding  his  own  againft  the  o-   ■ 
thers  perjurious  (eduction)  the  combination  comes  to  naught.    So  that  the  Law  confi- 
dering that  men  here  are  fet  inter  facrA  &  faxA,  inter  malleum  &  incudem ,  in  acie  no~ 
.    vacuU  ,  that  they  hare  many  temptations  to  conflict  with  ,  bids  them  in  this  ftorm 
cent.  i.  cat.  i.  h&.v  ayxiyiv  vj>h*(a\>  put  forth  their  anchor,  Integrity.-  and  rather  cxpofe  them- 
,j.i«.h.  (elves  to  the  utmoft  hazzard,  though  it  be  to  be  Liberide  nudiercs  then  to  devide  the 

fpoilc 


A  Commentary  upon  Fortes  cue.         357 

fpoyle  w'.th  the  wicked:  For,  though  mod  men  may  be  Verfatiles  Artemcnes ,  and 

turn  and  winde  every  way  as  the  guit  of  their  advantage  drives  them  ■,  yet  a  good  and  ^Jst9'  — '  *' 

well  Principled  Man  will  walk  lure,  and  know  his  footir.g  before  he  will  truft  his  body  ^a»g'i\.  OWfl 

and  fortune  upon  it ,  crying  out  with  him  in  the  Adage,  Pedibus  ingrcikr,  natare  enim  \n  {*;*' 

n»ndidici:    and  this  to  do  ,  and  to  be  fixed  to  Juftice  ,    is  Famamfnamnonnegligere,  Hoiiingflicd.j. 

which  the  Text  mentions,  and  which  Sir  Nicholas  Throgmorton's  Jury  made  good,  and  u°5* 
have  immortality  of  fame  for. 

Neqxe  bona  &  poffe ffiones  taliter  diflrahi  fatientur,~\  This  relates  to  the  reward  of  in- 
tegrity, fecurity  to  a  mans  perfon  and  fortune  ;  For,  as  the  Law  eaGly  beares  down 
whatever  is  a  perjurious  Jurors,  and  (inks  all  of  him  and  his  in  a  bottomlefs  contempt , 
and  an  irrecoverable  lofs :  which  the  Text  terms  bona  &  pcffejfiones  diftrahi.  Yet,  up- 
right and  true  men  non  patkntiir  talia,  becaufe  they  do  not  forfet  their  rights  by  wrong 
doing.-  And  therefore  of  all  the  bladders  andfupports  to  Eftates,  none  likethofeof 
Juftice  in  an  Anceftor,  that  gives  a  durable  bads  to  all  that's  built  up- 
on it,and  to  endeavour  to  fink  it,is(a  to  fink"  bottle  full  of  tyinde.O  tis     (*)\A*x^£a*7j£«<TiUfrc*IoJ'!r*$- 
a  rare  cuftody  in  the  word  time  that  innocency  has,  when  men  walk     f ».  Adag.  j  2.  Chil.  j .  Ccnt.+, 
in  the  Circle  of  the  Law,  they  do  ( b )  «*i  ti»»  »%\jmi  duabusnixus  in     0>)  ~*kf.  u.  cm.  cut.  1. 
prtisfedere  anceris,wd  they  that  feize  their  fortunes  contrary  to  E- 
quity  and  Law,  arc  publick  enemies^  For  they  that  fufer  for  right eonfmfs  have  the  Spirit 
cfghrj  rifting  on  rk/»:That  onely  being  a  comfor tlefs  fuffering  which  is  the  fruit  of  bu- 
fy-bodiing  ,  °and  evill  doing  againft  the  Lawes  of  men,  and  the  Vicegerent  of  God. 

This  then  being  the  circumfpeftion  of  the  Law  to  prevent  Perjury  in  Jury-men,  the 
Chancellour  is  by  metobcconfidered,  not  in  oppofttion  to  the  courfeof  other  Laws, 
but  as  recolle&ing  his  precedent  arguments  for  the  triall  of  truth  by  Juries  •  as  that 
the  Aft  of  God  and  Nature  determine  not  the  remedy  of  JiiQice,  thac  Witnefles  are 
not  taken  hab  nab,  as  we  fay,  Ignoti]  fuch  as  no  body  ownes ,  but  are  their  own  affir- 
mers-,  whofc  condition,  life  and  way  men  are  unfatisfied  in ,  becaufe  fecret  and  fub- 
dolous-,  Men  never  known  in  their  own,  nor  ever  known  out  of  other  mens  way: 
nor  Condition,  ]  bought,  and  made  Witnefles,  as  Plautuf's  FidicinaConduttitiavm, 
who  played  what  Tunc  his  Company  called  for  :  and  Varro  calls  all 
works  of  Pay  CondullitU  opera.  No  fuch  buyers  and  fcllersof  In-     IH  «■  »• 
nocence  in  the  Temple  of  Juries  doth  the  Law  fuffer,  but  overthrows    £^  J£2f'$,t  0fM  u  Alaot. 
the  Tables  of  thefe  Money-Changers ,  and  all  this  it  does  to  make     W*  '»■ 
way  for  upright  Judgment :  Tunc  canunt  Cjgni  cum  tact  bunt  Grac- 

culi.  Y-o^whcn  men  arc  fordidly  fet  on  gain,  if  their  houfes  and  e-     nox*«f  •  k\(uh  yynlu  JtJtLs- 
ftate  bc1)2<r<To(  «VB"*->  ar'^  they  hive  *')«.8»r  juwp^w* ,  heapes  of    «w»- 
Gold  •,  yet,  if  they  bevenal,  they  will  truckle  to  Perjury,  as  every     cut.  1.  cm. ,.  ui^.u. 
Workman  that  will  be  well  paid,  learns  to  humour  and  pleafc  bis     ?b»»j*jfiu  tg,t»tft^M  m,nem,  1ua,. 
Itnployer  and  Pay-Mafter :  and  this  the  Law  looking  upon,  as  the     ^M5!5i3?ttwt£ 
Moth  and  Canker  of  Integrity,  decries  and  punilhcs  it,  and  that  with     »<>.  cic.  1.  offic. 
the  concurrent  acclamation  of  all  honeft  men ;  who,  becaufe  they 

know  not  the  deceits  and  lurches  of  their  own  hearts,  are  pleafcd  to    TL%fJ{'i%~h7T,,Ff°"'  *"""" 
cave  thefc  Mandative  Preventions  put  upon  them;  For  Faith  un-    mU»  u,imnftm  jidmUi  m,  (<Bfwt*  «d- 
tainted,  and  Truth  pure  and  defecate,  faith  Seneca,  i s  the  molt  faired     d'-  ^Ti/TTV*-  *»<"«£»  /"««*• 
good  thing  tn  the  divine  font  of  man,  compellable  to  evtU  by  no  necefpty  ■,     i>|>.  de  Conft.  Salient. 
ferftvadable  by  no  bribe  or  lenre  ;  refolute  againjt  all  terrour  ,  cen- 
fiant  in  retaining  its  innoeencj  :  fo,  that  acceptance  of  rewards  being  punifhable,  the 
Law  has  done  wifely  to  fee,  that  witnefles  be  not  ctnduclit it,  fuch  as  either  nccde  for 
want  of  fortune,  and  will  take  lor  Covetife  any  gratification  to  elude  juftice,  and  be- 
come falfe. 

Vagi  inconftantis7[\hch  are  ill  qualities  which  the  Law  abhors  in  Witnefles  who  under  v^bwidm  ,f»_ 
this  name  are  accompted  loofe  pcrfons,  though  perhaps  not  fuch  as  the  Statute  39  Eli*..  **' '"  v°!"f",Us' 
17.  calls  Vagrants,  or  the  1  ?.««*.  7.  Vagabonds^yet  little  better,  Vagus  out  paftonem  ma-  }lmfT&ltZ,. 
nifefto  os~tcndit,(ziih  F rftus. Thi$  the  Greeks  call  by  hAavnvn,<jui  fine  negetio,modo  hue, mo-  seoec  lit,  AivUa 
do  iBm.  iu'itiliter  dfcurrit,  An  Erratile  and  planetary  peicc  of  Manhood  carried  up  and  v""' 
down  by  the  irapetuofity  of  vice  to  this  and  that,  without  fcttleaaent  in  any  thing.  The 
Ancients,  as  they  accounted  conliftcBce  and  liability  the  4/?,aImoft,  of  Virtue  and  Wif- 

k  L I  I  ^|lom ,; 


358  A  Commentary  upon  Fortijcui. 

dom,  fo  levity  and  vageneffe  the  complement  of  all  evil  and  infamy-,  Tullj  mentions 
Tr»  cluentio.  aliejucm  vagum  ft  txulem  errare,  and  aves  vagt,  errores  vagi,  and  fart***  vaga 
FrtMilwe.  &  volubilit ;  and  in  Martial  there  is,  fuvenc us  vagus,  and  Grejfus  vagi ,  Lumina  va- 
ga, and  Murmufavaga  ■,  and  //o»7  writing  of  the  name  of  the  herb  Ambrofia,  terms 
it,  Nomenvagum,  inconftans,  &  multis  ofiniembus  cbnoxium,  by  all  which  the  Laws 
Wifdom  is  apparent,  for  therefore  does  it  exclude  neceflitous  perfons,  orfuchas 
have  habituated  thcm'fclves  to  fliift  and  ftiark,  from  all  credit,  as  Witnefles-  becaufe 
Cuftom  has  made  it  a  fecond  nature  to  them,  and  they  cannot  but  be  almoft  fuch  in  all 
cafes,  who  doe  apply  therafclves  to  be  fuch  in  any. 

A Ht  quorum  Conditiones,  vel  Malitia  ignorantur.  ~\  That  is,  they 
Si  «,.«  m^»,  ..ft^ni-n,  Va  fr..  ««  <<>  well  known  to  be  reputed  honeft  and  upright  that,  if  fuch 
pier  ptrfinam  i  ana  fntnr,  qmihtvft*  they  be  not,  their  teftimony  is  abated  in  the  credit,  for  the  Law  re- 
ft.  vd  pnpm  cmftm  ^d  n,rc  Ucri.    qmres  ftanch  Witnefles,  and  prefumes  them  fuch  where  they  are 

want  eratu,    neqHI    immicili*   ctuj"  fit,  •■  ..  -oj  -II  F  J  J       L      ■•  1_    •  !• 

Jmuundm  .?.  c.iidra.uj  /.*.  «.  De    not  either  convifted  or  violently  prefumed,  and  the  Law  being  fo 
cogoitionibus.  jlrgus-eytd,  and  giving  liberty  to  all  well-grounded  information, 

and  it  fo  importing  the  adverfe  party  to  inform  againft  the  Witnefle, 
if  caufe  and  juftice  there  be  for  fo  doing  :  tbisconfidered,  occafioned  the  words,  Aut 
quorum  conditiones  vel  malitia  ignorantur.  Thefe  are  the  infamous  perfons  that  the 
Lawes  exclude  Teftimony,  the  allowed  ones  follow  to  be  touched  upon . 

Vicini  fttnt  Tefies,  Ac  propriis  vivere  potentes,  famaintegra  &  ofin'mls  illafa.  ] 

This  added  to  the  former  perfects  the  Parallel,  there  'twas  non  igneti,  here  vie ini 
flint ;  there  'twas  non  eonduflitii,  here  de  fropriis  vivere  potentes  ;  there  'twas  pau. 
fere  s,  vagi,  inconft  antes,  here  'tis  fama  integra,  &  opinionis  illafa ;  fo  that  the  variation 
addingtotheEmphafisftilldire&sustoour  Authours  Excellence,  which  is  to  render 
the  Law  confederate  in  every  particle  and  point  of  its  Juftice  -,  for  it  aiming  at  the 
great  end  of  Government,  Right-doing,  imployes  every  inftance  of  its  power  and  rea- 
fon  to  minifter  to  that  •  and  that  it  doing,  by  impeding  the  contrary  as  well  as  by  ad- 
vancing the  proper  tendencyes  thereto,  arives  at  that  compleatnefs  therein,  that  deno- 
minates England  the  Throne  and  Center  of  Juftice  •,  and  that  not  onely  for  the  exaft- 
nefs  of  Witnefles,  and  impartiality  of  Juries,  but  for  that  the  Returners  of  Juries  are 
not  men  mercenary,  ill  to  live,  but  of  great  fortune,  bloud  and  breeding,  peroffcia- 
■  riant  mbilem  &  indiferentem  eleUi,  3  and,  when  ferved  they  arc  to  teftifie  their 
knowledge  in  a  Caufe;  'tis  not  arbitrary,  whether  they  will  or  will  not*  but  they 
are  fineable  if  they  do  not .-  yea,  and  as  the  caufe  may  be,  I  think,  the  party  that  fuf- 
fers  damages  by  the  abfence  of  a  Witnefs  legally  fummoned  and  ferved  to  appear,  and 
not  appearing,  being  well  and  no  aft  of  God  impeding  him,  may  bring  his  Adion 
againft  fuch  an  Abfentcr,  and  recover  in  it  againft  him,  which  is  perhaps  the  caufe  that 
the  Text  fayes, 

Et  coram  fudice  venire  compulfi.  ~]  That  is,  the  obftinacy  of  fuch  abfence  being  penal, 

both  from  the  King  whofe  Laws  are  contemned,and  to  recompence  of  the  party  who  by 

it  is  damnified,  the  Witnefles  may  be  well  faid  to  be  coram  fudice  venire  compulfi.  This 

then  the  Law  doing,  and  to  that  end  which  is  onely  propitious  to  Order  and  National 

Charity  •,  the  conclufion  of  the  Chanccllour  "is  to  good  purpofe,  Jguid  ultra  vere  nihil 

tfi,  meaning  this  the  Hercules  Pillar  and  the  Meta  ultima  of  all  politique  prudence 

and  Magiftratique  care :  for,  when  that  is  done  to  further  virtue,  which  the  wit  of 

mancandevifeorcarryon,  what  more  can  be  thought  endeavourable  then  is  aimed 

at  in  this  proceedure  •,  which,  how  the  Lawes  of  England  cSe&.,  let  thefe  judge  who 

Smpnmopinm  confider,  that  fuch  are  onely  allowed  to  ferve  on  Juries  as  are  fide  digni,  and  are  men 

fik~fart,n,na*di.  ofEftate,  and  thofe  to  give  teftimony  unto  them,  who  are  not  onely  unblemijbed,   but 

tfn,ntirfi!.tf'hi  *rt  P<>fitivei  "nd  not  by  hcar-fay,  Witness.     So  tenacious  is  the  Law  of  its  juft  Spi- 

7Jfe"iicZ.  cic.  rit,  that  it  abates  not  one  7»f4ofit  to  gratifie  any  Greatncfs  or  prevalcncy,  but  gives 

fr.Aichia.         this  Motto,  Fiat  fuftitia  &  ruat  mundus-,  which  Gonftancy,  uponfo  divine  a  Rafts, 

difplayes  the  reftitude  of  its  Principle,  and  befpeaks  the  great  reward  of  honour  from 

God  and  men.     For  when  men  of  wavering  mindes  have  played  all  their  prizes,  and 

had 


A  Commentary  upon  Fortescue.  379 

had  a  venture  in  every  Lottery  of  Levity  and  Change,  that  will  be 

the  indelcble  Mark  of  a  Wifeman,  which  Seneca  commends  Socrates     ?""'"  me  »>»  »''w?""  '»!>"  «*'«**£ 

.  .      .     .  .    ri-r-         f  •       r  \f  t_l  •    Uf\       J  vadofo  man  deltttula,  q*am  finclus  non  its- 

for,  whom  he  brings  in  mftifiing  himjelf  immovable,  notwunltand-    fmmtt  mii^lfU,  2>n  "/•»»,  ™w*««, 
in"  popular  tumults,  as  the  Rocks  are  for  all  the  high  Seas  that  dafh     »«  «»  «»•  /»«  ummvuir.t,  *«  ptnu 
aglmftthem.     And  therefore  though  Marc  may  commend  Latinm     ^iSjS,S* 
as  he  deferved,  for  being,  as  he  publifhes  him,  Ilk  re/utPelagi 
rnpes  inmeta  rcftftit  ■  and  (a)  Papjrius  may  be  cried  up  as  the  onely     (0  ab^m  lit.  1. 1,  iU 
Roman  Youth  that  could  keep  a  Secret,  and  be  conftautly  refolute 

againft the  fieges of  love  to  difcoverit:     Though  Robert  Earl  of    MaimesburjrH.fl.^™;.w.2. 
Gloucefter,  Son  to  H.  I.  have  the  praife  of  our  Hifiorians  for  ad-     Ma„„e  Met  a/;ud  „,  frMtr  fidt;  ntur 
hering  to  a  good  matter,and  being  zealous  in  it :  And  that  Chriftian    immauit,  &  fMis,  at^c  mmncng*  »«- 
Rule  in  Saint  Qfrian  fhould  be  owned  Gofpel  by  us,  which  is  not  to    |^E£&  XJS5Z& 
be  hoped  it  fhould  in  this  degenerate  Age  be,  wherein  Gold  and     e{<ji.  7. 
Greatneffe  are  the  onely  Numens  ■,  I  fay,fhouId  all  thefe  be  amaffed 
into  one,  yet  would  they  not  come  up  to  the  Lawes  Conftans  &  perpetua  voluntas  fas  «- 
nicmcjtte  tnbvsenii.  And  therefore  'tis  a  good  Rule  that  a  wife  man,Monarch,  and  Chri- 
ftian gave  us,  That  the  Laty  Was  the  fur  eft  foundation  ofhappinefs  that  any  man  could  reft 
upon-,  which  when  th:  belief  of  it  evidences  it  felf  in  practice,  will  prevail  with  me 
to  admire  the  graduates  in  this  Perfection,  as  Contenders  with  the  Venetian  Senate 
for  Mattery  in  Conftancy,  of  which,  truely  I  think,  they  gave  a  matchlefs  Prefident 
in  the  enfe  of  Carmagniola  their  Generail,  who,  though  openly  fufpected  in  the  Se-  jhute,,  Hif„}  ,* 
nate,  wherein  Execution  ot  him  was  concluded,  yet  in  all  the  eight  Months  that  psffed    ve»ice.  tat. 
between  their  Condufion  and  his*Execution,  though  he  had  many  friends  in  the  Se- 
nate and  fume  of  them  poor,  who  might  have  received  great  rewards  for  difcovering 
his  danger  to  him  -,  none  of  them  difcovered  it  to  him,  nor  did  he  know  of  it  till  it  fell 
fttally  u  pon  him ,  which  Jufticc,  to  the  honour  and  fuccefs  of  the  Senate,  argues  them, 
that  were  Members  of  it,  ambitious  rather  to  honour  their  Government,  then  advance 
themfelves  ^  which  if  we  of  this  Nation  would  doe,  we  fhould  better  defervc  then  we 
doe,  the  freedom  offuch  a  Law  and  Government,  as  we,  blcffed  be  God,  havecon- 
ftituted.    By  all  then  that  has  been  written  it  appears,  that  a  readier  way  to  jufticc 
no  man  can  go,  then  by  thofe  ftepps  that  the  Law  has  chalked  out.  And  fo  I  take  leave 
of  the  Text,  and  proceed  to  the-  following  Chapter. 


CHAP.  XXVIL 

Sei  ejuomodt  in  criminalibus  Leges  Angliae  fcrutantur  veritatem,  etiam  rimttre  per- 
neceffarium  eft. 

HF.re  the  Chance'lour,  like  an  exacl:  Mafter,  obferves  Method  to  the  clear  and 
kindly  attainment  of  his  end,  which  was  to  endear  the  Law  to  the  Prince,  and  the 
Prince  to  it  5  and  that  upon  conviction  that  it  is  the  mod  expedite  way  to  govern  En- 
glifhmenby,  and  has  the  beft  means  of  difcovering  offences  and  providing  remedies 
for  them  in  England,  that  can  poffibly  be  found  out:  to  which  end  conGdering,  that 
caufes  relating  to  juftice  are  either  fuch  as  are  civil,  or  criminal,  having  fully  in  the 
two  forgoing  Chapters  treated  of  civil  Actions  with  their  remedies  and  manner  of pro- 
fecution,  he  now  comes  to  Criminals,  as  they  are  tried  and  proceeded  againft  in  Eh- 
glandby  the  Common  Law  or  by  the  Statutc.Law,  which  come  under  the  title  of  Le- 
ges Anglit.     And  this  he  think  s  not  onely  convenient  to  explorate  and  detect,  fed 
perneeejfarium,  as  that  which  unles  removed  will  obftruct  his  after  and  more  effectual 
paffage ;  for  his  Errand  being  to  the  Prince,    whofe  foul  aad  reafon  he  would  conquer 
to  and  confirm  in,  fo  Jutland  behovefull  a  thing  both  to  King  and  people,  as  a  good 
opinion  of  the  Lav?  of  England  is,  he  judges  it  pemeceffarium  throughly  and  abfo; 
lutely  requifite  to  evidence  to  the  Prince,  that  the  Law  is  not  more  defensive  ofprivi- 
ledge,  then  Prerogative  ^  nora  ftouter  Bulwark  to  civil  Rights  between  man  and  man, 
then  of  the  Sovereign's  Perfon,  Honour,  and  Prerogatives,  the  violation  of  which 
endowments  of  Soveraignty  it  judges  criminal. 

L  t  1  i  And 


Ut. 


tftvtan  7B{ 


360  A  Commentary  upon  Fortes  cue. 

And  that  the  Chancelkwrs  inter.tnefs  may  more  illuftrate  it  fdf,  I  fhall  crave  leave 
to  touch  upon  two  thing*  in  this  tranfitionall  claufe.     1.  ThcEpithite  he  gives  the 
Lawcs  Enqueft  after  Criminall  Offerees  ,  Scrntdntnr  Vcritdttm :  the  Grtehj  exprefs 
w  £    -  vt[   the  Verb  Scrutor  by  it  if  twir,  qned  frofrit  tfi  interregdnda  d*t  coiequtndo  fcruter,  eli- 
i Hvi ;  Bee-     ***  in&*V  •'  an<^  ^y tnis  r^c  Chancellour  informs  us  the  meancs  and  way  of  difcovery  of 
man"  lib  it   Treafons,  Felonies,  and  Breaches  of  the  Peace,  which  are  all  Criminalls,  to  wit,  by  way 
Orir  Lintnd   °?  Enquiry,  Examination,  and  following  offences  by  a  wife  and  diligent  perfuit,  while 
the  bruiteof  them  is  frefh,  and  the  ftinch  of  them  warm  and  reaking-,  Notbatthac 
the  truth  of  fome  Facts  lie  a  great  while  unfound  out,  becaufe  either  fecrer,  ornoc 
ripe  for  vengeance  in  their  difcovery  .•  But  when  ever  the  Law  h?.s  intelligence  of  offen- 
ces and  offenders,  by  theMiniftcrsof  Juftice,  and  Officers  of  the  Crown,  it  eagerly 
purfues  them,  and  dives  into  the  Nature,  Cireumftances,  and  aggravations  of  them .  and 
this  to  know  is  femecefdrium,  becaufe  it  implies  zeale  to  Jullice,  ar.d  gubcruacive  fe- 
verity ;  which  by  profecuting  offenders  is  tender,  and  cenfervative  of  well  doers  •  and 
this  the  Chancellour  intends  by  Scrntdntnr  Vtritdttm. 

Secondly ,  The  Chancellours  drift  in  bringing  Criminals  to  be  difcourfed  on  is  ro- 
table, rimare  ftrnectffdriim ;  itfhould,  I  think,  be  rimdri,  for  the  Verb  is  d-fcnint 
and  has  no  active,  becaufe  it  is  of  active  fignification-,  the  Nown  Rim*  fignifies  a  Cleft 
Chap,  or  Chink ,  which  is  not  clofe  joyned :  and  by  allufion  plenus  rimdmm  is  by  Tt- 
rtnce  the  difcription  of  a  babler ,  who  has  fucb  wide  dunks  and  chops  in  his  mouth  be- 
tween his  lips,  that  all  fecrecies  pals  thorough  them  :   FUntus  alfo  ufes  invenin  rim*m 
tofindc  excufe,  or  means  toefcape,  as  little  Vermin  do  at  the  leaftcrevife,  orchinke. 
Hence  one  fenfe  of  the  Verb  Rimer  is  to  cleave,  as  Tfmber  that  is  fhaken  by  the  windc 
doth,  though  the  ufualleft  be  to  fearch  out  narrowly  in  every  corner  and  cleft ;  fo  CUu- 
jlh*.  $.  »9.        dun  ufes  Jugd  rimtri  cdnibns,  for  to  Hunt  with  Hounds  in  every  corner,  to  which  our 
^"Mrt  '''"V       Chancellour  without  doubt  has  refpeft :  telling  the  Prince,  that  as  the  Law  is  very  cx- 
TmvUt,frp,s    a£  ^  -Cs  jppointnjgnt  0f  an  things  that  concern  King  and  Subjed,  and  is  defective  in 
no  point  of  regimentall  prudewre  s  fo  is  it  his  care  to  finde  OHt  apt  words  to  carry  his 
ardent  affeftion  totheLawes  of  EngUnd,  pleafir.gly  to  the  Princes  car,  and  from  thence 
to  his  love  and  affections. 

Vt  in  eis  pltnarit  dgnitd  dmbdrnm  Itgnm  form*,  qn*  tdrnm  tff.cdcins  latent  em  re- 
vtldt  vtritdtem  ctrtins,dgn>fcdtnns. 

Here  the  Chancellour  intimates  to  us  three  things  •  Firft,  The  end  and  ufe  of  good 
I.awcs,  Utenttm  rtvtUrt  veritattm.  Secondly,  The  medus ,by  which  Judgment  is  rightly 
made,  and  in  what  manner  the  Law  does  this,  that's  pltnarid  dgnititne  dmbdrnm  legnm 
/erwa.ThirdlyjThe  danger  of  civil  broils  to  render  National  Law  odious,  and  forraigne 
Lawes  amiable  -,  This  1  collect  from  the  expreflion  of  dmbdmm  legnm  :  For  our 
Chancellour  would  never  have  fo  eagerly  afferted  the  Common  Law  of  England,  ar.d 
debacchated  againft  other  Laws,  had  he  not  feen  them  probable  to  be  competitors  with 
the  Municipe  Laws,the  love  of  which  exotique  Lawes  probably  he  perceived,  either 
ftealing  into  the  Princes  heart,  or  whifpred  into  his  eareby  Adulatorious  Forraigners 
in  the  time  of  bis  Exile. 

The  end  and  ufe  of  good  Lawes  he  makes  to  be  Utenttm  reveUre  vtritdtem :  Truth 
is  the  precious  Jewell  which  does  Idttrt,  and  is  not  come  at  but  with  toile  acd  hazzard  l 
which  made  the  'Pjthdgertdas  fay,  vtritds  in  futto :  indeed  methinks  Salomon  had  lbmc 
meaning  analogick  to  this,  when  he  bids  us  get  wifdom  rdtber  tbtn  gold;  now  both  Wif- 
Piov.  i<.  u.       domandGV/Jdo  not  lie  on  the  furface,  nor  are  they  obvious,  but  obtained  with  diffi- 
culty.    Since  therefore  her  luftrc  has  fuch  damps,  and  her  price  is 
*Aa»Bh*  isj»  0  $%lt  if  h,  &c.     fo  invifible ,  the  work  of  us  morta'.ls  is  to  profecute  truth  fo  hard , 
Dyomfius  Areopag.  dpnd  Sto-     and  follow  after  her  fo  earneftly,  that  we  give  no  reft  to  our  eyes , 
brum  Serm.  60,6 1.  nor  recreation  to  our  lives,  till  we  apprehend  her  Bulcis  vtritds  in  * 

TJ  njar  rhji  ^ahOh'** ,  xjvoir  inttriord  mtlcdia  -,  This  therefore  the  Charcellour  here  pubUfh- 
isJr  5*Tjffr.  Evagrius  dfnd  t^  cs  to  be  the  labour  of  the  Law,  Lnttnttm  rtvtUrt  vtritdtem  .-  to  ref- 
ttndtm.  cue  the  beauty  ai;d  virginity  of  truthfrom  the  rape  and  force  of  pre- 

tended vinue,  but  rcall  falfehood  her  antagonist. 
For,  fudi  is  the  craft  of  the  World's  fc/jcrdttj's ,  that  they  do  tmnem  mtvert  U?i- 


k 


"T; 


A  Commentary  upon  Fortescue.  ^6i 

• 
Jem,io  bury  truth  in  the  heap  of  fal!acies,acd  to  make  Juftice  fet  up  fomewbat  as  a  Law, 
which  (hould  bartardize  her,  ar.d.in  ikadof  her,  legitimate  that  fpunous  product  of 
villany  ,  injulhce.  This  makes  the  Law  fo  exact  to  trie,  fo  vigilant  to  avoid  trapan- 
ninq,  and  irom  this  are  often  delayes  occalioned,  which  are  reall  advantages  to  troth 
not(as  is  fuppofed)  methods  purpofejy  ftudicd  to  enhance  gain  :  For  as  Ma,  iners,  when 
they  have  but  t  bad  winde  ouen  (hift  Jaylcs,  and  waft  from  fhore  to  (hore,  that  they 
may  make  fome  way  to  their  Port,  and  not  lofeall  progrefs  becaufe  they  have  not  a 
full  gale:  fo  are  Law  Makers  neceffitated  to  cfcall  meaus  to  right  Truth,  andufeall 
inftruments  to  her  clarification,  rather  then  lofe  one  grain  or  atome  of  her.   For  all 
truth  ijuj  fuch  is  mylieiious,  and  to  be  fought  after  till  it  be  found,  if  ever  it  bet  and 
the  Icalt  dram  of  it  that  we  attaine  as  the  confequence  of  our  acquilition,  will  be  well- 
come  to  us ;  and  we  (hail  account  our  felves  to  be  recorapenced  for  all  our  Uboar 
by  ir. 

The  truth  then  that  the  Law  fecks  for  here,  and  having  found  reveales ,  is  the  truth 
of  Fact  ,  that  is,  whether  a  Malefactor  be  fo  bad  as  he  is  fufpected,  and  accufed  to  be : 
1  or  ic  fomctim.es  falls  ou  t ,  that  the  clamour  is  greater  then  the  offence  deferves  v  and  if 
the  punifhmeut '  fhould  be  in  luft  executed,  the  Magistrate  would  be  art  fex  injur:*  non 
opifex  Jtftit'u  :  therefore  Policy,  that  is  well  adviled,  cautions  that  a  juft  aflay  fhould 
be  taken  of  every  man  and  thing,  and  that  fuch  Arts  (hould  be  practilcd  as  miyftver 
tht  prtciout  from  the  vilt,  and  the  QoU  from  the  draft  -,  and  that  is  done  by  examina- 
tions of  Wuneflcs  upon  fuch  heads  as  may  beft  conduce  to  knowledge  of  what  they  un- 
derflard  in  the  caufc :  For  Lawes  arc  intended  to  fettle  the  rule  of  equall  diftribution 
both  of  mine  and  thine,  rewards  and  punifhments :  and  being  directed  to  fo  ufciull  an 
end  as  is  the  dtcif.onot  debates  by  the  line  and  plummet  of  Truth ,  what  more  ufefull 
benefit  to  humane  Societies,  then  Lawes  ? 

But  how  Hull  good  Lawes  be  fitted  to  anfwer  thefe  good  ends,  or  how  (ball  men 
make  ufeof  good  Lawes  to  the  latitude  oi  thefe  good  ends.  That  the  Cbancellourre- 
folves  in  the  ftcor.d  place,  Phturid  afnititnt  *mb*rum  legum  form*.']  For  knowledg 
of  the  forms  which  do  d*re  rffe ,  makes  a  man  capable  to  judge  of.  their  fitnefs  and  con-  * 
ducibility  to  thole  ends.  As  it  is  not  a  trite  skill  in  timples,  and  a  bare  book  learned  ("pe- 
culation that  makes  a  good  phyfician  .  but  the  knowledge  of  the  operation,  and  the 
view  of  them  in  practice  upon  Patients  that  makes  an  expert  practicer.-fo  is  it  not  a  lighc 
and  ofcitant  touch  in  the  lludy  of  Law  that  makes  a  man  capable  to  judge  of  the  Law, 
but  an  accomplifhed  Mafteryof  the  reafonof  it,  and  a  unification  of  ic  into  ones 
Mother  rcafon,  rectifiing  it  thereby,  that  entitles  a  man  to  judgement  of  what  the  Law 
is,  and  is  not.   I  or  Formes,  as  they  arc  modelled  and  fixed  to  the  freehold  of  the  Law, 
arc  no:  purpreftures  that  are  dcftroyable  without  great  inconvenience,  but  they  are  fo 
faftned  to  the  mainc  Principles  of  Polity,  that  wuh  them  they  endanger  the  ruineof 
Government .-  1  or  we  muft  reafonably  imagine  that  the  fetters  up  of  them,  wife,  (and 
in  their  times)  worthy  mer.had  folid  rcafon  for  what  they  did ;  and  thereupon  doing  it, 
wc  are  to  conclude  there  is  fome  ir.convcnier.ee  will  enfue  that  demolition,  which  was 
on  purpofe  raifcd  as  a S  anctuary  to  Order :  The  confideration  of  which  may  lead  us  in- 
to the  rcafon,  why  judgment  of  Forms,  Methods,  and  Regulations  of  Government  in 
the  World,  is  n»t  committed  ufually  to  young  and  green-headed  men,  whofe  brains  are 
too  Mercuriall  to  fix,  and  too  Sultanifh  to  deliberate  of  things-,  but  to  grave  and  fad 
men,  who  are  above  the  levities  of  youth,  and  beneath  the  dotages  of  old  age.    Bj*s 
that  wife  Law-Maker  appointed  no  man  to  betiovernour  of  his 

People  till  fonrty  yeares of  Age  ■,  aad  the  rcafon  was,  Youth  is  light     'O  Niot  /£)  Answ,  I  Ji  *}'.<?&•, 
and  heady,  Age  is  fourc  and  infirm.-  andthcufuall  faying  was,  con-     net*  «'«&»r»lf. 
ftlUftnkm  b/ftjjrjfe  jtrocnttm  ;  pointing  out  no  doubt  at  this,  that 
Expericnct  the  fruit  of  jeartj  is  the  ftdfon  of  fudgmtxt.  And  therefore  as  to  the  Cafe 
in  poinc,  he  that  will  judgcof  whether  Lawes  Proceedings  arc  beft.muft  know  the  forms 
of  both,  which  few  ful.y  do  that  arc  not  of  yeares-,  and  fpend  not  their  yeares  in  ftudy 
and  (carch  into  both  Lawes.     Yea,  fuppofe  a  man  had  the  Law-learning  of  Volnfbs 
MttUnMJ  the  Maficr  of  that  renowned  Marcus  Antoninus,  who  gives  this  teftimony of  £?1/j.  um,ui*. 
l;;m.  that  he  was  <»/.-£>£«/  inttrprttxudis  exferientifsimus ;  yet  if  he  be  as  V olufius  was,  ""»• 
in  iitiim  vitUndis  Unte  mmgis  txerciutus,  what  is  he  profited  by  it  ?  Such  a  Voluftus 
who  askcs,whc.her  one  thinks  there  be  any  Law  in  the  World  which  he  knew  not ,may  bz 

atifwcrcd 


161         A  Commentary  upon  Fortejcur, 

anfwered  as  he  was,  Die  tnihi,  tfine  ulln  lex  in  mundo  quamprafies  &  clferves?  That 
then  which  muft  give  a  man  a  right  judgment  of  Laws,  will  be  conf  deration  thorew- 
ly  of  the  Forms,  Steps,  and  Marches  by  which  they  move  ■,  and  how  fui  table  they  are 
to  the  Pcople,they  a.re  to  Order  .-  For  our  Chancellour  now  fpeaks  to  the  Prince  as  fol- 
licited  by  his  breeding  and  converlation  abroad,  to  clofe  with  lorrcign  Lawes ,  under 
which  he  faw  People  Obedient  and  Loyall,  and  Countreys  in  peace  :  when  in  England 
where  the  Common  Law  had.in  pretence,its  courfe.at  lealt  where  no  other  Law  but  the 
Common  Lawwas  admitted,Rcbellion  prevailed,and  Civill  Wars  continued  (a  mote  or 
beam  in  the  Princes  eye,  which  made  him  look  as  it  were  a-fquint,  or  unpleafingly  on 
the  Common  Law,  and  delightfully  on  other  Lawes)  the  Chancellour  Courts  him  to 
continue  the  Common  Law  his  darling,  though  the  other  Law  had  foroe,  yea  much  re- 
fpeft    as,  in  its  kindc,  it  was  worthy  to  have  of  him. 

• 

Si  reus  quifpiam  de  FelonUant  Proditione  in  Anglia  rettatus  crimen  fuum  coram 
fitdicibtis    dedicat. 

Concerning  Treafon  and  Felony  fomewhat  hath  been -written  heretofore,  yet  this 

Chapter  being  purpofely  defigned  by  ©ur  Text  to  the  treaty  of  it,  I  crave  leave  to 

add  further  what  I  humbly  conceive  pertinent  to  this  place.     Rent  de  Felonia  ant  Pro- 

ditione^  This  referrs  to  the  two  great  capital  Offences  punifhable  by  Law-,  Felony  ] 

vn,  T,um  *xd  which  anciently  was  the  offence  of  the  Vaflal  againft  his  Lord,  perhaps  for  little  Thefts 

ThKv«,  words  of  an{j  jj.  .    0f  hand,  whence  it  may  be  that  fore  on  the  finger  called  a  Fellen  may  come  • 

fince  felony  was  punifhed  with  forfeiture  of  the  Eftate  and  Goods  of  the  perfon  offen- 

speiman  G!of$.  ding,'  which  though  they  were  redeemable  by  Mere  and  Mergild,  yet  now  are  not  • 

"  v'"'  for  Henry  the  Firft  made  Theft,  the  moft  ordinary  Felony,  pumjhable  with  death  .-  and 

though  the  Common  Law.  brought  off  Felons  by  their  books,  yec 
(*}tEiiz  i  ♦.  i  Jac.  t.  n.  t$H.  t.  fince  many  Statutes,  taking  away  Clergy,  leave  Felony  to  the  pu- 
«.«.  11H.1.M.  ,^v'z'\7'*lii^Tz'  nift>ment  of  hanging  the  body  and  forfeiture  of  the  Eftate.  The 
t!  sMi9E[i^.c.7.\  tiiz.c'io.'  i*n<z.  crime  of  Felony  is  a  grievous  one,  and  to  call  a  man  Feltn,  is  toen- 
c'.f.  nH.t.  ci.  jiH.s.  a.  s  &  title  him  to  all  the  opprobry  and  danger  imaginable.  At  this 'day 
c  e.«.  c .9.  &  10.  17EI1Z.  c.i.  1   .    tjjCri  felony  is  the  great  brand  of  every  offence  againft  the  Peace, 

Crown,  and  Dignity  of  our  Sovereign  Lord  the  King  •  for,  all  Trea- 
stamford.  p/«j  tfibi  Cm*.  fon,  though  it  be  more  in  the  punifhment,  yet  it  has  in  it  fellenm 

cook  t. ?*».  mftit.  tu»  •/  'be  cmm.    arnmitm  which  makes  the  atrocity  of  ir.     To  difcourfe  of  Felony  at 
s^imanliiGiofji  large  is  needlcfs,  fince  both  Stamford,  Sir  Edw.Cook^,   and  others 

have  abundantly  done  it,  therefore  I  referr  the  Reader  to  them. 

Vel  proditione.  1  This  in  the  latitude  of  it  fignifies  any  falfenefs ,  but  chiefly  that 
which  concerns  the  Msgiftrate,  and  his  charge,  to  deliver  up  whom  or  which  into  the 
Lit.  <%$.  syntag.  enemies  hand  is  capitall  by  all  Lawes.  Tholoffanus  gives  us  an  account  of  all  Nations 
]mis univeifii  abhorrency  of  it,  and  feventy  againft  it :  but  this  preditio  here  is  alt*  proditie,  ov  Ufa 
Majefias-,  which  being  an  offence  againft  the  great  God,  thorough  the  King,  whois 
Deus  poft  primum  fecundns,  and  is  Sola  de*  Minor,  the  Minifter  of  God  for  our  good, 
and  the  difpenferof  the  power  of  God  to  the  fcecundation  of  Order-,  the  Lawes  of 
England  makes  capitall,  as  in  the  Notes  on  the  a  2  Chapter  I  have  fhewen  -,  Onely  as 
in  alt  Cafes,.not  the  accufation  but  proof  makes  the  guilt  5  fo  is  it  here,  and  thereupon 
in  order  to  proof,  the  offender,  or  prefamed  fo  to  be,  is  called  by  our  Text  Rettatus. 

In  Anglia  Rettatus."}  I  confefs,  at  the  firft  view  of  this  I.  thought  it  was  a  fault  in 
the  Coppy ,  and  that  Rettatus  fhould  have  been  Rettatus ;  the  word  ufed  in  the  Statute 
ca.  s«*  Inflit.    &'  Bigamis ,  Quando  de  felonia  reilati  fuerunt :  but  when  I  confidered  the  word  had 
(,  i7».  another  fenfe  there,  then  this  muft  have  here,  1  fearched* to  findc  the  proper  notation  of 

%  mflir.f .  nj.     jtj  an(j  foun<i  it  t0  Hgnifie  Arretted,  or  Accufed,  fo  Gents  rettes  de  Felony  Stat.  1 .  JVeft- 
iyj.  aso.  minfi.  e.  15.  fointhe  Statute  Marlbridge,c.  28.  Si  clerical  aliqnis  pro  crimine  ali- 

tjutvtl  retto  qucd  ad  Ccroxam  peftintat  arreftatus  fucrit;  Xrtd(ofVefi minfi.  i.e.  2. 
t*[.it%.  Turviewtft  enfement que  qnantClerl^eft  pur  rettede  Felony  \   and  foe.  15.  Gents  rettet 

di  Felony  :  and  mcthinks  rettatus  may  come  as  well  from  raptatui  as  from  the  other  Ety- 
mologies, Accufations  and  Arrefls  for  Treafon  being  things  of  violence,  the  party  that 
is  guilty  of  them  being  not  willingly  apprehended  for  then). 

.  Crimen 


A  Commentary  upon  Fortescuk.  $63 

Crimen  [nam  coram  judicihus  dedicit.~]  If  the  Felony  be  confeflcd  ,  then  the  Triall 
in  form  of  Law  is  needlefs :  but  if  he  do  dedicere  •  that  is,  deny  it,  and  ftand  upon  his 
integrity  as  noc  guilty ,  then  it  muft  be  tried  mods  &  forma ;  which  the  Law  therefore 
provides  for,  becaufe  it  meets  with  few  offenders  that  take  the  Prophets  advice ,  to  c*n- 
fefs  their  fins,  and  give  glory  to  God  :  for  they  are  fo  far  from  that,  that  they  have  con- 
trived a  Proverb,  in  barr  of  that  ingenuity,  Confefs  and  be  hanged.  The  Law  therefore 
thinking  fit  to  fearch  into  all  offences  of  this  nature,  as  intolerable,  provides  for  the 
Triall,  as  well  as  the  apprchenlion  and  detection  of  it,  which  is,  by'empannelling  of  a 
Jury  to  trie  it. 

Mox  Vicccemes  comitatus  nbi  f acinus  itludcomifium  eft,  •venire  faciei  coram  eisdtm 
Judicihas  viginti  auatuor  probes  &  legates  homines,  &C 

This  Jury  is  but  to  confift  of  twelve ,  but  the  fummons  is  to  be  of  double  as  many, 
that  there  may  be  room  for  exception :  and  this  the  Law  does  to  prevent  all  furprife  , 
efpecially  in  Treafon,  which  being  a  heinous  guilt,  and  having  a  heavy  doom ;  all  the 
Juftice  that  can  be  done  in  favorem  vita  &  relationum,  is  herein  (hewed  :  Thefe  then 
good  men  and  true,  of  the  Neighbourhood,  as  in  adions  reall  and  perfonail,  returned, 
having  in  Eftate  5. 1.  a  year  in  Lands  and  Rents,  as  appoints  the  Statute  21  E>\.  ap-  %%%£'£$£ 
pearing  in  Court,  the  Faft  is  Triable  :  If  thePrifoner  interpofe  not  by  challenge  of  /;.. 
them,  or  fome  of  them ,  which  the  Law  allows  him  to  do,  Rettatus  tSe  ees  calumfniare 
fotcft,  &c.  ~]  fayes  the  Text. 

Et  infttper  in  favorem  vita  calumfniare  pottft  trigintd  quinqite  homines  qnos  iffe 
maxime  formidat. 

This  (hews  not  onely  that  an  offender  may  challenge,  but  alfo  why,  and  how  ma- 
ny he  may  difable  to  ferve  againft  him  :  The  freedom  that  the  Law  allows  him  is  ea- 
lumniare ,  which  we  tranflate  challenge  •,  and  foour  Hiftoriansufc 

the  word  as  well  as  our  Lawyers :  fo  fValfingham  ufes  it  when  rela-     $»*«<i"m  t«**t'  o»»«»»  jB»Mwimis 
ting  the  famous  Coronation  of  Richard  the  fecond,  and  the  pre-     ^li^'X?  '         ' 

tence  the  Lord  Frevil  had  to  be  Champion  to  the  King  :  and  the 

men  he  may  difable  arefucbofthe  Returneas  he  docs  Maxime  for-    ,wk„r//..    „ur*im*~i,  o  tit: 
midart ;  that  is,  nidi  as  ne  feares,  as  well  for  their  Juftice  and  Im- 
partiality as  for  their  Enmity  :  (For  a  Tray  tor  has  as  great  fpight  a-     „  r,   ■       ,  t    1  j      -     u   ^-r 

r   .    „    .'      ,  ,T  JVL.  ,/   N  ■    ,  P,  r  °j  Resolution  of  the  ludzes  10  the  C»le 

gainft  Loyalty  in  the  Jury  as  any  thing  clfc  )  and  this  he  may  do  to    „f  s«  w«w  ^„/<.j*,.  tuwuf.  tst.-s. 

the  number  of  35.  not  to  three  full  Juries,  for  then  there  may  be  a 

Progrejfio  in  infinitum,  and  no  Triall  eafily  be,  but  to  as  many  as  may  be  within  three 

whole  Juries,  that  the  Law  may  be  known  to  favour  life,  and  avoid  cruelty.    Tis  true, 

I  know  by  the  22  H.  8. 1. 14.  thefe  peremptory  challenges  were  reduced  to  twenty, 

confirmed  by  28  of  the  fame  King  r.  1.  ;  and  by  the  3  2  H.  8.  e.  3.  made  perpetual : 

but  the  Statute  of  1  &  2  P.  &  M.  reftoring  the  Triall  by  the  Common  Law,  offenders 

are  indulged  challenge  peremptory  to  3  5 .  as  the  Text  fayes,  gut  ad  ejus  calumfniam 

tanctllalmntxr  in  paneUo,  fitc.  Licet  iffe  nulUm  canfam  ajfignare  fciat,  ice. 

guis  enim  tunc mori pofftt  inicjue  in  Anglia  pro  Crimine,  cum  tot  j*vamina  habere 
Hit  peterit  eh  favorem  vita  fua. 

This  the  Chancellour  infers  to  (hew  the  Prince  how  much  the  Laws  permit  to  the 
favour  of  life,  even  in  thofe  Cafes  wherein  the  Law  is  moft  provoked ;  and  the  gnis 
imejue  mori  pofftt  in  Anglia,  &c.  3  Is  not  to  be  expounded  as  if  it  were  a  challenge  to 
the  bitter  eft  foe  to  our  Lawes,  to  inQance  in  one  that  inj'urioufly  had  died.or  to  boaft  of 
no  naeve  or  Scarr  in  the  administration  of  Juftice,  nothing  leis :  For  this  Livia{a)o( our 
Law  may  be  in  fome  things  too  fpeedy  to  be  juftified  to  her  own 

jtngtiftus.    Some  inftanceswill  not  be  denied  to  be  produceablc,     (a)  To/<  \Ai%*<n  $T}i$*  w<u- 
wherein  there  may  have  been  more  haft  then  good  fpeed :  there  may     <rt*  Diftnm  it  Livia  Erafm.yf- 
be  fuel)  an  offender  as  many  Freeholders  in  a  Shire,  condemning  in     dag.  39.  Chil.  1 .  Cent.  7* 
the  Sefllons  of  their  own  judgments,  and  that  upon  perhaps  a  bruite, 


or 


364-  A  Commentary  upon  Fortescue. 

or  miftakcj  may  in  perfuar.ce  of  that  prcpoffcffion  verdict  guilty  in  Triall  upon 

him  :  And  there  may  be  Iniijua  Temper*,  wherein  fuch  bloody  Ufurpers  as  Richard  the 

third,  2nd  fuch  parafites  as  Sir  George  Rfitliffhjt  creature  domineer- 

.inVnumtlm.  m*i,?mH firm**  tOh  b*.     \n„   ^any  miy  tntqHe  won  in  E»f land,  thefe  Times  and  thirds  have 

fifilf,nd*  funcf, ,  .b ..»»/«,  lri.  b*      been  elder  and  later  in  England,  therefore  theChanctllours^/ 

mum  mifrmodia  aar  ttg*  fitpmi  me-     tunc ,  &c.  is  rot  rigidly  and  ebfolutely  to  be  taken  ,  as  if  itimpor- 

P.""?' r  Jt  WS2     tcd  an  ""riniiion  Wldftg  all  inft.nc*  to  the  contrary  .-  but  it  i,  in- 

nii.  terpretable  as  an  inference  ol  prudence  which  from  mcanes  judges  of 

ends.tV  fo  we  mufl  apprehend  the  Chancellor ,to  intend  that  thorow 

the  punctuality  required  by  Law  to  the  Trial  of  Caufes,  there  is  as  much  as  art  and  con- 

fciencecan  contrive  to  extrude  corruption,and  to  favour  preservation  of  Right,Life,and 

reputation  :  And  that  if  the  fins  of  the  Nation  have  r.ot  provoked  Cod  to  give  up  the 

Subjects  to  Irreligicn  and  falfenefs,there  is  fafety  to  all  that's  dearc  to  an  Englifljman  in 

his  Triall,  r.or  does  often  any  good  thing  that  is  his  fuffer  by  them  •  yea,  if  Juries  bo  but 

knowing.honeftjnnd  refolute,nothing  of  injury  can  judicially  be  done  in  England,  and, 

cfpecially  in  Cafe  of  Life  :  and,  when  in  fuch  Times  and  Cafes  things  have  been  hand- 

over-head  in  jurioufly  carried ,  Times  of  better  temper  and  Reftitution  havcrcverfed 

Hoiiin£fted.  p .     the  judgments,  and  difhonoured  the  practices  of  them:  fo  did  the  Nation  do  by  the 

owk.4.  f         Murthcr  oiThomas  the  good  Duke  of  Lanctpr    who  was  not  put  to  death  pr  legem 

sniiu.  ciup. rat-    terra  ^and  therefore  was  declared  unlawfully  Prortedtd  againft,  by  Parliament.  And 

Aft'oTl  of  th     *"°»  t'10Ug'1  our  CYCS  ^aw  >  an^  tne  beans  of  Wife  and  Worthy  men  in  the  Nation 

KingEr.'itw'an   mourned  for,  the  Extrajudicial!  Proceedings  oi  High  Courts  if  fuftice,  and  Courts 

Aft  for  Prefcrva-    Martiall,  as  they  were  called  ■,  wherein  not  onely  many  of  the  Loyall  and  brave  fpi. 

|efties°p«ronMa'    Iltc^  Lords,  Knights,  Gentlemen  and  Commons  of  England  were  Sentenced,  and  by 

and  Government  Order  of  it  Executed  ;  yea,  and  what  is  ever  to  be  rivctted  into  the  abhorrence  of  an 

ag?'nft  Jr,"r°'     Englifhman  ,  the  Sacred  and  Divine  Perfon  of  our  then  Wife  and  Pious  Sovereign 

nable*    Seditious        ■"-*.  t      *•    *       r  t      -  i«        t.     «  ■      .  •    «        ■  .     ^ 

praftifcs.nd  at  King  CHARLES  the  firft  •  forced  wuhin  the  Power,  and  Martyred  by  the  violence 

**"£?  (i     •  °^       c  execra^e  Ufurpation  :  though,  I  fay,  this  Nation  has  had  fuch  Monftrous  im- 

lied'an  Aft  for"  pieties  acted  in  it ,  yet  has  it  obtained  from  God  the  Mercy  and  Opportunity  of  Nati- 

ihe  Attainder  of  onally  declaiming,  ahd  Nobly  abhorring  the  Sacriledge  and  Truculency  of  it  .•  yea, 

«luLio?"h«ns  an<*  to  perpetuate  the  Antipathy  of  the  Nation  againit  it,  has  by  Aft  of  Parliament) 

horrid Murther  not  onely  cenfured  it,  but  fet  apart  the  joth-  of  January :   (if  any  fuch  day  ought,  as 

of  h}* '!»« sacred  but  for  that  Dedication  to  Pennance,  it  ought  not  to  be  allowed  in  the  Moneih  for  ever 

churiJihcfh-f.  after)  to  be  a  Day  of  Humiliation,  Nigre  Carbine  notandus ,  and  of  expiation  for 

*A*m  i2.  c*r.  t.  that  Nefarious  Fact  ;  which  I  will  no  further  cenfure  becaufe  the  Sentence  of  Law 

i°  ol"' ouf  moft  *«s  P^  ©n  "  ••  1  r«u™  thcn  t0  what  follows. 


gracious  King. 


Mdlem  rtvtra  viginti  facimrofos  mortem  fietate  evadert ,  qua m  tinum  fufium 
i»\ufli  condemnaru 


This  vehemence  of  our  Chancellour's  well  becomes  his  pious  and  divine  foul ;  which 
knew.that  to  erre  on  the  right  hand,  by  too  much  lenity,  was  fafer,  then  to  erre  on  the 
left  by  too  much  rigour  :  And  as  I  am  bound  to  believe  that  his  afflictions  had  bronghc 
God  and  him  into  intimacy ,  fo  does  he  in  his  actions  refolve  to  follow  God  in  all  the 
actions  of  Judicature  his  providence  fhall  intereft  him  :  And  hence  it  is,  that  as  Gods 

lfay.ii,  :i.  delight  is  Mercy,  and  fndgrnent  is  dei  lured  dj  him  to  be  his  flrange  work_;  fo  does  our 

Chancellour  here  profefs  his  alienation  from  mjuftice,  and  that  if  he  mult  be  a  Judge 
he  had  rather  rid  the  World  of  many  Mifcreants,  then  be  acceffary  to  the  oppreflion  of 
one  Righteous  Perfon  unrighteoufly  adjudged  to  death  by  him.  And  good  reafon  he 
bad  thus  to  prefix  his  MaUem  to  that  truth,bccaufe  not  onely  the  righteous  man  is  bit. 

Prov.  h.  t«.  ter  thin  his  neighbour,  and  the  beft  is  to  be  prefcrved  ;  and  the  deitruction  of  one  geod 
man  is  afflictive  to  God ,  yccoi  dir  g  to  that  of  the  Tfalmifti  Precious  in  the  eyes  if  the 

pf»l,  in.  is.        Ltr^  is  t[}e  j(4t^  0ffafdi„tj  :im  gifo  a5  ce  good  and  juft  man  may  be  more  worth  then 

a  World  of  difTclutc  (and  God  Damnc  Me)  finners ;  fo  is  the  teflimony  of  God  him- 
Cen.  (.  ».  u.  felf,  who,  when  he  Icolejd  uptn  the  Earth,  and  beheld  it  Vras  ttrrup,  for  allfiefi  had  (or- 
rufted  his  tray  t:fcn  the  earth:  yet  in  the  feventh  Chapter  v.  I.  Godfayesto,  and  of 
I^oah ,  Thee  melj  have  I  feen  rightctns  before  me  in  this  Generatkn  :  and  as  for  the  fake 
of  this  juft  man,  Cod  referved  fome  men  alive,  who  were  with  him  in  the  Ark,  fo  for 

'    the  ■ 


A  Commentary  upon  Fortes  cue.         %6$ 

the  unjuft  cruelty  of  the  fewijb  Nation  againft  that  Holy  One,  and  that  jn ft  One  our 

Lerdftfus ,  whom  they  barbaroufly  and  with  high  contempt  crucified  ,  did  God  bring 

the  fierce  and  puiffant  Romanwpon  them,  who  rifled  the  Temple,  facked  the  City,      . 

carried  away  the  Nation  captive,  and  determined  the  account  of  fttve s  and  Jadaifm  all 

the  World  over.  Thefc  examples  tell  us,  there  is  reafon  for  the  Chancellours  Mallet  5 

nor  are  the  inflances  only  in  Scripture,  whence  the  prcpollcncy  of  one  to  many  may 

be  confirmed,  but  in  other  Authours  alfo.  Ariftides  is  represented  to  us  fo  juft,  that 

the  Grecian  Judges  would  preferr  his  word  to  many  other  mens  oaths  :   and  Socrates 

fo  matchlefly  wife  and  exemplary,  that  after  his  Conntreymen  put  him  ( the  eye  and    . 

foul  of  Greece}  to  death,  they  never  did  any  brave  aftion  either  at 

home  or  abroad,  but  dwindled  away,  as  if  God  revenged  in  their     vnmuicvir  ipficorfuii^mpHiikMnfKjti- 

infamy  thedeath  of  that  Heroick.  Among  the  Romans  there  is  honour    "*"•  Lmus/,il- 

done  FatinsCcero, as  the  only  eonfervator  of  the  Government.  And  Quin-     „,       .  ....  ,    r       i 

uvuv.ru>1" "  »j»,"' •"■    l   '  r  •  •    ^^-'  VnHs  impetus  triiumtus    ptpMArtfaut  prt- 

tlnns  Caef>,by  oppohng  the  Agragnan  Law,is  counted  a  Patriot  more  «//„  /»//;»»,; ,  lib.  3. 
worth  then  all  the  plebs.  So  Fabius  Cttnclntor  •,  thefe  and  fuch  like  are 
famous  above  many.  And  if  one  worthy  man  whofe  Juftice  has  the  oriency  of  a  Car- 
buncle ,  and  glitters  in  the  night  of  degeneration,  to  the  difluftre  and  eclipfe  of  thofe 
whofe  interims  in  the  domineering  follies  of  A  ges  make  them  dark  as  Hell,  and  difmall 
as  thofe  fubterraneous  labyrinths  that  the  fiends  of  Satan  retreat  to  :  If  thus,  1  fay,one 
juft  perfon  may  be  corrective  of  a  multitudes  exorbitancy,  and  reduce  them  from  the  e- 
vil  of  their  way  es-,  good  reafon  is  there  for  this  choice  of  our  Chancellour,  indefiring 
rather  to  pardon  twenty  evill  doers,  then  punifh  unjuftly  with  death  one  juft  man.  Since 
in  the  one  be  contributes  time(if  God  will  give  grace)to  their  Repentance,who  by  li- 
ving longer  may  live  better .-  but  in  the  other  he  drawes  innocent  blood  upon  himfelfe,  pfal.  si. 
which  D*vid  deprecates,  Deliver  me  from  blood-  guiltinefsy  0  God,  thou  God  of  myfalvd- 
ticn. 

In  hoc  etjuidem  frocefun'hil eft  crudele,  nihil  inhnmannmynec  Udi  ftterit  Innocent 
in  corfore  ant  membris  fnis. 

As  the  guilty  being  impeached  cannot  (falvis  legibns)  go  tinpunifhed,  fo  cannot  the 
innocent  be  charged  in  his  body ,  or  any  member  of  it  ^  for  the  Law  of  England  is  a 
mercifull  Law,  and  fayes,difclaimingly  as  to  cruelty , as  Perfeus  in  a  like  nature  did,2V> 
q*e  enim  mihi  eornua  fibra  :  for  the  Law  has  nothing  of  the  Adamant,  Flint,  Steel , 
which  are  faid  Comu  inpecloregeftare  •,  but  it  is  compofed  of  fweetnefs  where  it  may  al-  S*r-  Trim*. 
lure,  and  of  piety  even  when  it  is  forced  to  correct  I  and  he  is  not  a  true  Judge  of  this 
Law  who-condemns  offenders  without  remorfe  for  their  fin,  and  obduration  the  caufe 
of  it:  NorareourPunifhments,  Racks,  Torments,  Making  up  between  Walls  alive, 
inhumane  Butcheries ,  fuch  as  in  other  Nations  are  wont  ■,  thofe  cruelties  are  no  rne- 
thodsof  our  Law :  If  the  offence  be  light,  fuitable  to  it  is  the  punifhment  .•  if  crimi- 
nall,  then  death  :  and  if  men  deferve  neither  ,  by  judgment  of  their  Peers ,  inno- 
cent they  are  :  and  as  fuch  cannot  futTer  in  their  whole,  or  any  part  of  their  body ;  For 
as  no  man  can  be  put  to  death  but  feetmdum  legem  terrx  ^  fonotlofe  any  limb  nift  per  . 

legem  terra  :  For  Mayhem  is  an  offence  againft  the  Law,  and  aftionable,  unlefs  where  f"^,  &£  P" 
thelofsof  a  Member  is  permitted  by  Aft  of  Parliament;  For,  though  of  old  the  pri- 
vities of  men  for  Adultery ,and  their  eyes  and  hands  for  Theft  were  avitable ;  yet  fince 
Chriftianiry  ,  and  the  more  illuminate  times  of  it,  lofsof  members  of  the  body  has 
been  allowed,  but  in  very  few  Cafes ,  as  in  flriking  a  Judge  in  executing  his  office,  or 
any  other  man'in  the  face  of  the  Court,  the  Court  fitting  :  and  loofing  of  cares  in  cafe 
of  Cheating  and  Forgery.  So  that  confidering  that  punifhments  are  upon  fuch  juft 
grounds,  and  that  no  perfon  has  permiftion  in  England ,  through  the  greatnefs  of  his 
power,  to  oppreft  any  man,nor  may  any  man  juftly  dread  Calumniam  Immicornm  •,  bc- 
caufe  (non  torcjuebitnr  Hie  ad  arbitrium  ipforum)  but  they  can  no  otherwife  be  revenged  » 

of  bim  (  except  perjurioufly  and  murderoufly,  which  the  Law  will  feverely  punifh 
them  for)  then  the  Law  allows,  and  the  guilt  deferves :  fince,  I  fay,  the  Law  of  Eng- 
land is  fo  tuitive  of  the  Eftate,  Life,  and  Member  of  men,  as  it  (to  the  admiration  and!  SMM-  ***&*? 
acclamation  of  all  our  neighbour  Nations)  is  known  and  confeffed  to  be.    The  Chan- 
cellours inference  is  moft  true  ,  Sub  hat  l(ge  vivere  auietum  &  feturum  eft  h  And  fo 

M  m  m  with- 


i£i         A  Commentary  upon  Fortescue. 

with  a  Prayer  to  the  Prince  to  chufe  (upon  thefe  things  premifed,  and  the  reafon  of 
them  weighed )  whether  either  the  foreign  or  pacrial  Lawcs  he  will  heft  approve  and 
adhere  to,  he  concludes  this  Chapter. 


CHAP.  XX VIII. 

Cm  Triuctfs.     Ardnum  Amhiguumve  Cdrtce/tarie,  nin  confpicio,  &c. 

THis  Chapter  perfonates  the  Prince,  as  ingenioufly  fuppled  by  the  Chancellours 
application  and  reafon,  into  a  plenary  conceffion  of  his  Allegations,  and  a  fub- 
jeftion  to  the  prevalence  of  his  learned  Arguments:  and  as  the  feveral  paffages  in  it 
s*«  ,md*m  iu  proclaim  the  Prince  generoufly  dudile,  (  tor  I  make  no  queftion  but  the  penning  of  it 
MMri  wmtti  i$  exploratory  of  his  addi&ion,  and  rather  hiftorically  true  then  parafitically  fancied  ) 
'Zl'JZi  t*W"..,  fo'hc  account  he  is  perfoaated  to  give,  is  amply  Mafculine  in  the  vigour  of  it?  reafon  ■, 
t^'fidA^Z  for  as  the  Chancellour  did  not  prefent  him,  Rtbm  paleftr*  &  old,  as  light  things  are 
Dn  fiaivUtrcn.  ca||ed  by  T**r,  but  with  the  great  things  of  the  Law,  and  grave  Arguments  to  work 
cuLoiatwiku..  upon  his  judgement  and  affedions,  to  love  and  follow  it,  fo  the  Prince  did  notfhew 
himielf  morofum  titttbttntem^ne  to  fuch  wife  offerings-    for  that  had  been  to  brow- 
beat his  age,  and  to  difhearten  his  loyalty.    Yea  if  fuch  unfetlednefs  of  humour  caufed 
the  deWtory  Satyr,  when  invited  in  time  ofFroft  and  Snow  into  the  Country  Swains 
houfe,  feeing  his  Holt  blow  his  hands  before  there  was  a  fire  for 
Vtithir.ntqutmim  rmhi  r*tu  if  cum  tjut-    cold    and  when  there  was  a  fire  for  heat,  to  cry  out  to  the  Swain 

~*  *«*.  fc-far.   k^mm  emmunc.  j-^^g  |^«  //f  hAVe  mj,i„g  fo  do  W!th  them  that  Are  of  fo  UKVm  m 

*£*  n  ivrv  tV»7©-  t»  StfjWK,  temper -y  I  fay,  if  this  Owl  (as  it  were)  of  the  Defart  could  not  away 
x,  to  -4-i/^Jk  'J^iynv,  Adag.  with  hot  And  eddettt  of  the  fame  month,  much  leffe  could  the  good 
Chi/,  i.  Cent.Z.  Adaf.  30.        and  loyal  Chancellour  have  borne  the  peevifhnefs  and  obftinacy  of 

youthy  greatnefs,    if  it  couid  have  deferted  its  native  Majefly  fo  far 
as  to  have  fhewed  any  tiling  unlike  love,  gratitude,  and  refignation  to  his  conftant 
duty,  unfhaken  loyalty,  and  matchlefs  learning  exprelfed  towards  him  in  his  educa- 
tion and  travel  ■,  but  the  gobdnefs  of  the  Prince  was  fuch,  that  he  was  refolved  never 
to  try  the  patience  of  his  Chancellour  by  doing  any  thing  of  contradiction  to  him  3 
and  therefore  he  is  brought  in  here  (as  I  believe  hetmely  carried  himfelf)  gently 
yielding  to  what  is  infinuated  to  him,  and  protcfting  averfation  to  morofity  or  waver- 
ingneffe  in  the  choice  of  that  he  commends  to  him  4   for  every  man  defires  to  live  long, 
and  fee  good  dayes ;   andMiis  to  obtain  is  to  be  fecure,  to  live  a  fate 
life  feexra  qaaft  fecutura  mala  refcindere,  to  dock  all  reverfional 
Et  fn  bde  fifficmt  emfiuutum  tfi,  m    pretenders  to  annoyance,  and  that  by  a  fine  and  recovery  of obedi- 

ff ^Kr^SSRJ  £u£  ence  t0  that  Law  whlch  Prord«  Tmment  rfor  fuch  a  darlin§ as  hfe> 

du.  Burton  hb.t.  d«  corona  c  is.  and  fecurity  in  it,  is.  And  this  the  Law  of  England yicldi ngaU  the 
1. 117.  Out. ).  c  iS.f.  U4.  Subjects  under  it,  by  preventing  all  occafions  and  improvements  of 

malice,  and  by  allowing  refuges  to  thofe  that  are  profecuced  by  it, 
to  wit,  innocent  perfons,  who  may  in  the  King's  Courts,  and  by 
\Ad  utupuUntm  hnjm  crimimi  admitti-  tj,e  king's  Subjc&s,  Juries,  in  tryal  of  the  Caufes  be  prefcrved 
•ASS*  ?£•*£  -St  and  quitted ,  fince  it  is  not  the  fair  plea,  nor  the  numerous  evidence 
ttgrs  /tms,  &■  tun  aimmfiu  <i»i*  m-  that  the  Law  is  feduced  by,  but  the  juftice  of  the  caufe  made  out  by 
SL^kSS**  SK£     dear  andL  hone(\.  Witnetres    cmni  exytione  M.jores,  that  it  is  led 

by;  when,  I  fay,  inthishsppy  conhftency,  it  regards  the  body 
of  man,  that  Utile  Digeft  of  Omnipotency,  wherein  thereisaper- 
u  wmjmm,  wb*  U+tnhiv,  ,««<«»  fe<cj.  correfpondency  to  the  Method  of  our  Englifh  Polity,  the 
tl^Zm  r^Z^.%ruT.T'^  Heart  Sovereign,  the  Brain  Chancellour,  the  Faculties  Peers , 
jr  nmpicmm*meffB,  &  ti,efu,rm  viint  the  Bloud  Lawes,  the  Veins  and  Arteries  Officers  of  minilteriaU* 
,  ^Z;  ™;  %2S£  S  deftnbution  ,  the  Parts  and  Members  the  Commoners  in  this  Com- 
stjiicuUtHmc,  cm,,  fanktt,,  &c.  Ai-  mon- wealth  v  and  all  congregated  in  the  Parliament  ot  the  Body : 
dioTaadns,  Ornith. tib.u.  f.  6j>.  when  I  humbly  conceive  all  thefe  arc  orderly  prefcrved  fecure  from 

laefion  and  confolion  by  the  Lawes,  notonely  of  our  civil  fociety, 
but  national  function  -y  t  and  with  thefe,  the  Goods  and  Fortunes 

which 


A  Commentary  upon  Fortes  cue.         $6j 

which  are  appendant  to  thefe.  There  is  great  reafon  to  rcknowledge  the  Lawes  of 
Englar.d  the  mod  deferring  Darlings  of  Enghjh-mcn:  Let  me  be  free,  I  care  not  who 
knows  this  Englijb  Humour  in  me,  I  value  the  Englifo  cooking  of  Dyct,  making  of 
Cloaths,  way  of  Houfe- keeping,  fricndlincfs  of  greeting,  fidelity  of  word,  fteddy-  NfaJbui 
nefs  in  counfell,  zeal  in  Religion,  boldncfs  in  the  field,  and  matchlefs  adminiftration  ' 
of  Juftice  beyond  any  of  thefe  of  forein  Extrad,  and  I  hope  I  write  herein  more  Majo- 
rnm,  and  if  1  erre,  'tis  ex  amore  PatrU,  Cut  deefje  ( to  ufe  the  Hiftorians  words )  aliis 
turpe,  Camillo  nefas  ejfit.  And  fo  I  conclude  this  Chapter  under  pardon  of  my  Text- 
Mafter  for  writing  no  more  -,  and,  of  the  enamourated  with  forein  things  and  Cu- 
ftoms,  for  writing  fo  much  ;,  and  if  this  little  be  to  be  vile  in  their  eyes,  I  fhall  venture 
to  be  yet  more  vile,  in  thofe  Chapters  that  particularly  are  explorative  of  the  Lawes 
and  Modes  of  that  Country  where  our  Chancellour  was  then  an  Exile  -,  yet  no  other- 
wife  or  further  then  becomes  a  modeft  and  generous  Ingenuity,  and  the  neceffary  vin- 
dication of  ray  Native  Country,  and  her  Cuftoms,  Lawes,  and  Sovereign  ( to  whofe 
Honour  I  am  an  humble  Valed )  doth  require  of,  and  I  hope  will  take  kindely 
from  me. 


CHAP.  XXIX. 

Ctnecllarius.     fuvenis  rnejfifti  Princeps,  *£Anglia,  qttt  tibi  ignota  eft  difyofitio 
ternt  Mint,  Sec. 

H Ere  the  Chancellour  mindes  the  Prince  of  the  neceffity  his  youth  has  to  be  in- 
ftruded  in  the  Country  of  Eng land,  who  is  to  judge  of  the  Lawes  of  .EagZ/wJ; 
for  in  as  much  as  the  wj.fdome  of  Ltgiflators  is  feen  in  conforming  Lawes  to  the  nature 
of  the  people  they  are  to  regulate,  and  the  Lawes  of  England  being  thus  fuited  to  ic 
and  the  Subjects  of  it,  the  right  judgement  of  thofe  Lawes  will  beft  be  prcfumed  to 
be,  where  the  beft  knowledge  of  the  Country,  where  they  rale,  is  had.  Now  that 
not  being  pofOble  to  be  in  the  Prince,  whom  the  fury  of  what  the  Chancellour  thought 
Rebellion,  drove  away -,  the  good  Man,  who  had  long  been  a  man  of  Law  and  Pru- 
dence, applyeshimfelftofupply  that  to  him,  which  the  force  of  his  Father's  Extruder 
denyed  him  to  be  accomplifhcd  with. 

fuveitu  receffifii~\  This  Youth  is  one  of  the  fix  Ages  of  life,  being  thetime  from  28  ,ln     dw  r 
to  40.  for  thefe  Ages  learned  men  thus  deftributc,  1.  Infancy,  from  the  birth  to  7  years  D«"fa°era  unfti- 
old  j   2.  Childhood,  from  thence  to  14  -,    3.  Adolefcentia  or  the  adult-age,  thence  one.  p.  n.  b. 
to  25  or  28  ;   4.  Youth,  thence  to  40  j    5.  Age,  thence  to  70  s   Old  age,  tjuod  £i0|£,,Itul  "* 
nullo  tmnorum  ttrmino  finitur,  and  this  they  call  the  ultimate  part  ©f  old  age,  &  ter- 
piinatur  in  morte.      Amongft  thefe  Ages,    Tenth,  by  reafon  of 

which  the  Prince  is  termed  Jnveni*,  is  the  fturdy  and  pleafantpart    7uvn"  "iljV'""l'■  '""' '"""  ""*'"" 
of  life,  that  which  has  evaded  the  Meridian  of  Adolcicency,   and    J"*!'**     mmunm  m. 
grows  towards  the  After-noon  of  age  ^  this  was  amongft  the  Ro-     ^tJmuai^Mt  fmmu  Hammr,  j»  *: 
.mans  the  Military  age,  JrfA  'P^V,   and  VlfUn  the  Scholiafi    %£&  SS^ST  S?S 
upon Demcfihtr.es tells  us,  there  was  a  Law  among  the  Athenians    7.  est. 
that  men  onely  fhouldgoto  warr  from  18  to  40.  which  though     ,  ,.  . .         -_        .  ...  _ 

/  x  .,         .       r3  b    r  -.    /•         1  n    r  <•        (*)  Inaunitm  f»litrtdltm  ad  dili£fnm  v«- 

(«0  Vfgetms  ieems  to  confirm,  yet  Ltpfws  denyes  or  at  leaft  fuf-     dr..  lib. ,.  c  * 
pefts,  becanfcthe<7r<ifd!iM*Lawwas,  which  was  diredt  againft  fo    M|«W*  «•>.*».  17. 
young  admiflions .   and  if  confideration  be  had  to  thofe  paffagesin     Us  ;  ^wr-™  —  «**»  Jk 
great  Authours,  that  50  years  old  was  the  boundary  of  mens  war-    «j<>.  senec.  dc  Brev.  vi«.  c  «//. 
ring;  and  that  30  years  ferrice  was  the  utmoft  time  the  Remans    FabiUiinOit  tn 
required  men  to,  as  Sigonins,  Tacitus,  Salnft,  and  many  other     ur.tt.4t. 
Authours  agree  :  then  about  20  years  of  age  muft  this  youth  for    ,^.    ,.,         .....  „ 
Warr  begin,  though  I  know  Tubero  in  Agelhus  affirms  thetime 
from  17.  but  I  difpute  not  this,  that  which  1  am  to  urge  is,  that 
in  fome  time  from  17  or  18 'our  Prince  here  was,  when  he  left  England,  orelfe  our 
Chancellour  would  norhavefaid,  Juvenis  recejfifti,  and  that  it  was  then  whenper- 

M  m  m  2  haps 


3<58 


A  Commentary  upon  Fortes  cue. 


hil'im 


m,im*dm»i»m  i*    muwri  ctrptru 
JZefl  l»m>  effe  ferfeHn,,  fie  &  «  mtnorl 
tempru  mtdi  futjt  <Qc  vim  perfeff:  Se- 
ncc.  Epifi.  M< 


(a)Tholofs.  lilt.  17 
*.  it. 


c.6rf.il.8cW.H.c 


(,ampleS*r»»r  ilium  eV  tumtmni,  plen*  if 
voluntatis  fi  HUJcmi  M> ,  $**>*  dmlu  tfi 
tupiiiuues  fifjf'  "  rtlipift.  Epift.  i». 
<r  fie  tf.it . 


Shutej  Hiftory 
Vtnict.  p.  114, 


haps  the  gaiticsof  life  did  fo  engage  him,  that  he  was  not  for  love 
to  them  at  lei fu re  to  confiderthe  more  confequent  parts  of  intel- 
,  le&ual  accomplifhmenc.  For,  though  it  cannot  be  denied  but  that 
'  fome  there  have  been  of  rare  perfections,  young  in  yeares,  as  I 
have  heretofore  (hewed  ,  and  as  further  I  might  in  the  examples  of 
(a)  D*»'"l,  Solomon,  fo/iah,  Damas  that  famous  Magnefan  Bifhop,of  whom  St.  Ignati- 
us writes  honourably,  and  Timothy  theBifhopof  Efhefus,  whofe  youth  St.  Paul  gives 
a  glorious  teftimonyto,  as  that  which  was  exemplary,  and  not  to  be  contemned  bnc 
imitated  •,  yet  for  the  moft  part  it  is  otherwife  .-  men  do  fert  fafere-, 
not  ponder  and  gravely  weigh  things  till  they  have  great  abatements 
of  paffion,  and  aduances  of  calmnefs ,  which  is  the  reafon  that  Se- 
neca, a  great  lovefof  the  florid  and  fparkling  times  of  life,  yet 
gives  his  vote  for  Age  ,  That  men  ought  to  bltfs  God  for  it,  as  that 
which  affords  the  one  onelj  comfort,  if  we  know  hew  to  ufe  it ;  which 
confidered,  the  Chancellour  mindes  the  Prince,  that  in  regard  he 
came  away  fo  early  from  England,  before  he  thoroughly  underftood  it,  he  fhould  be- 
think himfelfe  what  he  did  before  he  banifh  the  Engli/b  Lawes  his  love,  fuvenis  re- 
cejpfti. 

Recefsifii."]  Mannerlily  and  fofdy  expreffed  •,  that  which  after- Ages  would  call  force, 
the  Chancellour  calls  leaving  England .-  the  Chancellour  knew  nothing  more  unplea- 
fing  to  Princes  then  to  be  compelled  ,  and  therefore  though  compelled  be  was  (  for  he 
would  not  fare  have  left  this  Land  had  there  not  been  danger  in  {hying  in  it,  where  an 
other  was  more  in  favour  then  he,  and  in  Power  then  his  Father,)  yet  though  on  thefe 
termes  he  betook  himfelf  to  France,  in  hope  to  finde  a  Sanftuary,  which  fome  Princes 
have  not  found  ■,  though  the  Marquefs  of  Mont-Ferrat  did  among  the  Venetians: 
v/hom  when  he  was  beaten  out  of  his  Countrey  ,  they  fo  courteoufly  entertained , 
that  he  was,  in  the  return  of  his  Countrey  to  him  ,  unwilling  to  leave  Venice  .-  I  fay, 
though  this  Phoenix  courtefie  was  his  happinefc,  yet  no  Prince  has  caufe  to  hope  for  it  .• 
and  therefore  this  Prince  may  reafonably  be  thought  unwilling  enough  to  goe,but  when 
he  was  there  ,  bravely  bore  this  misfortune,  as  his  attendant  and  wife  inftruftor  here  ex- 
preffes  it  in  this  word  Recejfifii, 

Ab  Anglia  Recefifi *'.]Concerrring  England  fomething  1  have  wrot  on  the  1 7*  &  24th 
Chapters,yet  am  bold  to  add  what  follows :  Rectffijli  here  imports  not  the  choice  of  the 
Prince, but  a  fate  upon  him  j  fuch  an  one,  as  though  he  beare  becaufe  he  mutt,  yet  he  de- 
lighted in  no  more,thengreat  Spirits  do  to  rareit,Recedere  tjua/i  retro  cedere  :  which  be- 
caufe it  is  moftly  a  token  of  worfting,  has  fome  term  of  diminution  rflixed  to  it.  Tur- 
fiter  viSa  Venus  {ape  rectfsit  is  Ovids.  Thus  when  a  man  changes  his  condition  of  life, 
and  being  afhamed  as  it  were,  or  forced  by  neceflltyof  Affairs  to 
feek  fomewhat  better  then  he  at  prefent  has ,  he  is  faid  Rccedere  a 
conditione,  a  ferfona,  a  ftatu  ;  and  Tally  ufes  recedere  ab  ujitata  con- 
fuetudiue,  and  recedere  ab  officio  for  non  facer  e  tffcium  :  This  confider- 
ed,thc  Chancellours  words  here  argue  no  more  defire  in  the  Prince 
to  depart  England  and  take  refuge  in  France  ,  then  men  do  when 
they  die  which  is  to  recede  life  •,  not  becaufe  they  think  death  better, 
but  becaufe  life  can  no  longer  be  en  joyed. For,  alafs,  what  was  it  not 
that  is  defirable  to  get  and  hold,  which  he  parted  not  with  in  parting 
with  England}  a  Countrey  one  of  thebeft  andlargeftof  the  Iflandsof.the  known 
World  ;  the  glory  of  Brittain .-   called  England  from  Angela  the  daughter  of  a  cer- 
tain Saxon  Ehike,  who  Ruling  it,  and  loving  her  ,  called  his  Government  after  her 
name.     Anciently  it  was  called  Albion,  after  Brittain  ■,  famous  it  has  been  in  antiquity 
for  its.fcrtility  .-  Onocrittts  the  Athenian  Philofopher,  whom  Tatian  and  Clement  Alex-    ' 
anirinus  think  was  Authour  of  thofe  Poems  afcribed  to  Orfheus,  relates  it  to  have  fo 
fruitful  a  (oy\e,Vt  Cererisfedem  ibifniffe  «&>'<fo«fwr,furnifhed  alfo  it  has  been  thought  of 
old,  and  is  yet,  with  thofe  accommodations  which  toaled  hither  the  Phoenicians  to  us, 
and  with  the  Lead  and  Tinn  that  they  came  to  fetch  returned  us  Learning  and  Arts,  (ma- 
ny Greeks  philofophers  coming  hither  in  their  floats,)  and  calling  Sjllj,  a  part  of  this 

ffland, 


Plin.  Hi.  i.  e.  ii. 
I  Decerned.  *A- 

msr.+ao. 


Z»  ftdttst  dignitatis  recedere  Citf  Attic,  lit. 
I.  IS.  »• 

Cic.  pre  $nintio  i.  Open. 

Vivet  enim  vivitque  femftr  4tqnt  etitm  lati- 
ns in  memortM  hominum  &■  ferment  verf** 
bitur,  pofl^uam  ab  oculis  iccefsit ,  tlsn. 
Ep.  IS. 


Brompton  in  re- 
pits  C4iMi>,p.7zi. 

EJit.Lohd. 

Bochartus  Gea- 
gtaph*  fac,x,p. 
719. 


Lib.  I.  c.j 9. 


A  Commentary  upon  Fortescue.  369 

Ifland  KctajiTif©-,  the  Caffiterides  •,  yea  fo  happily  fituated  is  it,  thatitfeems  to  be 
the  £^»ofthe  World,fubjcft  to  no  extremes,  either  of  vehement  heat  or  violent  cold  • 
fo  that  it  is  no  Carrkamitis,  or  houfe  of  death,  as  Northern  Countryes  are,  that 
hardly  ever  fee  day,  or  feel  warmth  •,  nor  is  it  in  the  Centre  of  the  Sun,  or  under  in 
direft  perpendicular  ;  but  temperated  with  heat  and  cold  intermixed,  that  it  may  truly 
be  called  Regnant  Dei,  a  place  that  God  has  peculiarly  blefled  with  all  comforts  for 
life,  Water,  Flefh,  Fifh,  Herbs,  Fruits,  for  medicine  and  delight,  abounding  in 
Gattle  of  labour,  profit,  chafe,  but  none  of  prey,  furnifhed  with  goodly  Cities,  fa- 
mous Churches,  religious  Houfes,  charitable  Hofpitals,  noble  Seats  and  large  Parks 
about  them,  beyond  moft,  or  all  Chriftendom  in  fo  fmall  a  Circuit,  which  made  Charles  £x 
the  Great  call  it  the  Store-houfe  and  Granary  of  the  whole  Wcftern  World,  and  He  nry  iCnfi.  r'  R  eva" 
of  Huntingdon  begin  his  Hiftory  with  its  praifes,  calling  it  Beatiffinta  Infnlarum,  after 
whom  a  Poet  fayesthus,  ! 

Anglia  terrartem  dec ns,  cf  flos  finitimarnm 

Eft  ttntent a  fni  felicitate  boni, 
Externa*  gentes  confnmptis  rebus  tgentes 

Cum  fames  ltdit,  recreat  &  reficit ; 
Ccmmoda  terra  fatis,  miranda  fertilitatis 

Profperitate  viget  cunt  bona  pads  habet. 

Which  I  thus  Englifh, 

Bit  ft  England,  Europe'/  Crown,  inneigbonrs  ejt 
Twixt  grotmdlefs  envy  had  and  admiration, 
To  wants  tfwhom  thy  (lore's  a  granary, 
And  yields  abnndante  to  the  famijk'd  Nation : 
,   Ahftrtile  fojlr,   Ah  earthly  Par adife,  ' 

Where  lift's  delights  abound,  where  dainties  flow, 
On  whit  h  Jehovah'/  mercy  fets  fnch  frict 
By  peace  prevented  plenty's  overthrow. 

It  is  famous  for  its  ancient  reception  of  Chriftianity  from  fefeph  of  Arimathta,  Si- 
mtnZelctts,  &c    which  was  here  propagated  before  the  year  2co.    \ovx  Engliflr-  c»mbdea'«  ii- 
wen  converted  eight  Nations  of  Europe  to  Chrift,  tvinfred  the  Devon/hire-man  con-  "*"' 
verted  the  German  t,  S axons,  Erancenians,  Hajfians,&R<iThuringeans  ;  fVilbredths 
Nordtrmman  the  Frtifians  and  Hollanders;  Nicho.  Brealejj>ear  of  Middle fex  the  Nor- 
wegians ■,  and  The.  ofwaldcn  the  Lithuanians. 

It  is  famous  for  pious  Princes,  of  whom  it  hath  had  more  then  any  Nation,  befides 
the  Kings  ofk  are  anointed,  and  hence  are  capable  of  fpiritual  Jurifdi&ion,  according  f  R     Dej„r, 
to  that  of  our  Law  Term  Htlarii,   33  E.  3 .  Reges  facrofanilo  oleo  unlit  funt  ffiritnalis  ^/j«.  Ecdef.  />. 
JnrifdiElionis  capaces.    Its  Crown  had  and  hath  very  large  Territories,  for  befides  "• 
Ireland  they  have  commanded  from  the  Ifles  of  Orkney  unto  the  Pyrene  Mountains. 
Its  famous  for  its  beauties  and  features,  no  Nation  affording  men  and  women  fo  gene-  cai»bdei>'«  %•- 
rally  handfome  and  proper  as  it  doth,  which  made  Goropiu*  fay,  Anglicjna ft  angle,  mdm  P-4- 
quia  omnes  caper ent  fui  admiratione  ,  what  the  Poet  (aid  of  Chios,  taking  its  name  from 
Cb'ttne,  fignifung  white  and  clear,  may  be  faid  of  her, 

~~—~  ®v,t  dmtiffma  forma, 
MiUe  proi  is  flacmt. 

Who  being  of  a  fpecitns  hue, 

A  thmfand  Captives  to  her  drew. 

It  is  famous  for  its  valour,  its  Inhabitants  being  Lions  of  courage  and  generofity, 
equally  brave  both  on  Horfe-back  and  on  foot,  with  Sword,  Target,  or  Bow  and 
Arrow,  or  on  Sea,  where  it  has  ever  appeared  with  Navies,  not  fo  numerous  and 
ruicas'DHek'ius  ihe  Rmankdzgiind  Carthage,  which  were  growing  on  the  Stub  and  voweit's  dtfiri- 
failing  on  the  Sea  in  5  J  dayes  ^  orthofe2:o  tall  Ships  led  againft  Hitron,  which  bare  £"°o0'{Engl"  ' 

leaf 


37  b  A  Commentary  upon  F  o  r  t  e  s  c  u  e. 

leaf  and  faile  in  45  dayes ;  nor  like  the  Ships  Scipio  led  in  the  i  Carthage  Warrs, 
which  were  felled  in  the  Wood  and  floating  on  the  Sea  in  fix  Weeks  •  nor  were  they 
700  in  number,  as  Polybius  fayes  the  Romans  loft  in  one  fight  that  number  when  the 
Carthaginians  accofled  them  •,  but  with  tall  brave  warlike  Ships,  of  vaft  Bulk,  great 
ftrength,  laden  with  Robinet,  Falconet,  Falcon  minion,  Sacre,  demy  C/tlveriin,  Cnlve- 
riin,  demy  Canon,  Canon;  E  Canon,  Bafilisk^  which  carry  fhot  from  1  to  60  pound 
Bullet,"  and  were  manned  by  great  quantities  of  men. 
It's  famous  for  its  wealth,  hence  called  by  fome  of  the  Pope's  p ute us  inexhaullus,  and 

M.  TviC.f.if.   had  it  not  been  fo,  their  avarice  had  drawn  it  long  fince  dry,  and  the  dayes  of  H.  3. 

>4«-  fo  vainly  and  prodigally  expenfive  had  undone  it. 

It's  famous  for  its  learning,  there  being  no  Nation  to  which  it  leads  not  the  dance, 
its  Clergy  have  ever  been  pious  and  learned  to  a  Miracle,  and  Arts  have  hence  had 
great  Founders  and  Benefactors,  here  were  born  Alexand.  Halenfis  Aquinas  his  Ma- 
tter, Sect  us  the  fubtile,  Bradwardine  the  profound,  Ockham  the  invincible,  Bedetht 
venerable,  and  Burlej  theferfpicuous.  It's  famous,  renowned  and  envied  for  its  Com- 
mon Law,  and  peculiar  priviledge  from  the  Injuries  of  great  men,  and  depredation 
on  property,  the  people  of  it  being  no  Villains  but  Freemen,  and  the  Lawes  being  not 
arbitrary,  but  fetled  and  fixed,  and  not  alterable  without  confent  of  King,  Lords,  and 
Commons  in  full  and  free  Parliament  affembled.  This,  This  was  the  faire  Paradifeof 
beauty  and  bravery,  from  which  this  noble  young  Prince,  notwithfianding  his  Father's 
prefent  and  his  own  probable  future  right,  was  forced; 

"" —  £ltis  **/'"  fando 
Ttmperet  a.  lachrjmis. 

and  from  which,  all  things  considered,  he  could  not  but  be  unwillingly  driven,  fince 
if  he  knew  fo  well  what  England  was  as  he  might  have  done  had  he  longer  ftayed  in  it, 
and  learned  more  experience  from  the  profpeft  into  it,  he  would  account  it  the  Phm- 
nix  of  Lands  and  Lawes :  fo,  in  fhort  intends  the  Chancellour  to  reprefent  it  in  thofe 
comprebenfive  words,  £***  fi  agnoveris,&  cater  arum  regionum  emolument  a  qualita- 
tisque  eisdem  cempar averts,  ntn  admirareris  ea  quibttsjam  agitatur  animus  tuns. 

Anglia//»»f  tarn  fertilis  efl  quod  qnantitate  ad  quantitatem  cemparato,  ipfa  cttcras 
emnes  quafi  regtones  exfuperat  ubertate  frutluum. 

This  is  the  firftinftanceofthe  excellency  of  England,  Fertility  of  foyle  and  plenty 
of  fruits;  for  though  he  could  have  inftanced  that  it  was  Ethnique  and  barbarous,  that 
the  Inhabitants  were  a  kinde  of  CanhibaSs,  and  without  God  in  the  World,  &  (ub 
cM.ucenui.    hoc  malo  Lemnio  latuiffet  Angli/t,  if  God  had  not  refcucd  us;  yet  he  referves  that  for 
^^17.  a  fitter  place,  and  comes  in  nrft  with  that  inftance  of  the  goodnefs  of  a  Land,  plenty, 

which  the Holy  Ghoft/  in  Canaans  cafe  flowing  with  Milk,  and  Hone],  calls  the  glory 
of  a  Land;  and  as  the  fterility  of  a  Land  is  the  curfeof  the  Inhabitants,  A  fruitful 
Tfd.  107.94.  Land  turns  he  into  a  barren  Wildemefs  for  the  iniquity  of  thofe  that  dwell  therein;  fo 
an  unftious  and  fruitfull  Land  is  the  bleffing  of  any  people .-  now  this  fruitfullnefs 
men  ufually  impute  to  three  caufes,  fupra,  intra,  extra,  God's  bleffing  above  in  ma- 
king the  Clouds  to  drop  fatnefs,  and  giving  tain  and  fruitfull  feafons ;  Intra,  in  the 
depth  and  fatnefs  of  the  Womb  and  Soyle  which  receives  not  the  dew  and  feed  in  vain, 
but  nourifhes  and  gives  it  rooring  and  extenfion ;  Extra,  in  mans  endeavour  of  la- 
bour and  ingenuity  to  improve  what  God  has  endowed  to  the  reafonable  latitude 
of  its  capacity  .•  In  all  thelc,  and  whatever  can  rationally  be  couched  under  them,  En- 
gland is  fertilis  regio. 

1.  The  mercy  of  God  has  feated  it  under  a  calm  and  temperate 
'AKet,g*v<h. )»{»»  hAw^l*.  A-     Heaven -,  tis  to  Brittain  what  Alabanda  was  to  the  Carians  ,   The  - 
dag.  Chil.z.  Cent. 2.  Adag,  99.     mofl  fortunate  Ifland :  For  it  has  neither  extremity  of  heat  or  cold, 

but  a  mixture  of  both,  to  keep  the  confhtutions  of  its  Inhabitants 
interpendent  to  the  extremes,  either  of  remifsnefs  or  intentnefs ;  And  this  tempera- 
ture working  upon  the  People,  Lawes,  Guftoms,  every  thing  of  it,  renders  it  Beatifti' 
ma  Infular/tm :  and  we  of  England  may  fay  gra:u!atorily  to  God  in  the  Pfalmifit 

words- 


A  Commentary  upon  Fortescue,  371 

words,  Nontaliter  fecit  omni  genti,  For  had  he  not  diftinguifhed 

us  from  other  Nations  as  he  has,  we  might  have  been  asfavadgein  L,m"  "»■  »»»«  /«""  */*■  umftr* 

Manners  as  we  ethnically  were,  and  out-beafted  the  beafts  of  Africl^  T^t^%^V\. 

then  whom  the  men  there  are  little  better  .•  For  as  all  beafts  ot  the  /««  ^«.v,>««  um  /■„„,  cti,dwe,  &  «. 

fame  kindc  are  not  alike  in  all  places,  but  fome  Lions  are  more  d'ci"'\ 'J1""  "'""" ^""•"; I  "*"&"" Jui 

7  ,  ..  -       »  1  l  r  r  L  ■  """"   Attics    /km  trumlcnltfiim.  *Alira- 

milde  (fuch  as  live  on  mountains)  not  having  that  furyol  heat  in     VMd.  m.  di^m^p.  i0. 

them  which  the  defart  Lions  in  Africa  have,  as  Aldrovandus  in- 

firufts  me,  fo  is  their  difference  of  men  according  to  the  temperaments  of  their  con- 

ftitutions,  which  are  regulated  by  the  aires  and  clymates  under  which  they  are  born , 

bred,  and  live ;  and  therefore  God  having  fuited  the  Ayre,  Earth, 

Men,  Lawes,  all  to  each  other,  and  made  them  all  fruitfull  of  encou-    'Ah  ri  ifMtov  *yn  AjSj  £t  tJ 

ragement,  riches,  liberty,  there  is  juft  caufe  to  blefs  God  for  his  mer-     tfMiov'  Homcrus  apud  Erafmr 

cy,  that  is  the  maine  ingredient  to  our  National  and  Perfcmal  fertili-     Adag.  zz.  Chil.  i .  Cent.  2. 

ty  .-  Tis  Gods  Word  of  Soveraignty  that  impregnates  the  Earth, 

and  makes  it  bring  forth  feed  to  the  fower,  and  bread  te  him  that  eateth  :  that  increafes 

the  breed  of  Cattell,  and  blcfTes  the  increafe  of  our  Flocks.  For,  though  we  in  this 

Land  have  no  Mines  of  Gold  and  Silver,  no  Quarries  of  Diamonds,  no  Beds  of  Pearls^ 

110  Wombs  of  Spices  •,  yet  we  have  Treafuries  of  Lead  and  Tin,  Lodges  of  Wool  and 

Hides,  Magazines  of  Cloathing  and  Drapery,  Nurferiesof  Cattell  j  and  we  have 

bleffed  be  God,  Noble  Marchaat-Men,  who  (hip  out  Native,  and  return  for  them  For- 

raign  Commodities,  and  this  makes  England  an  Indies,  a  Spain,  an  Italy,  ^Germany, 

full  of  the  Wealth  of  Sea  and  Land  :  This  is  the  fonrfe  of  Fertility,  fupra,  and  in  the 

Tfalmifis  words ,  Bleffed  art  the  People  that  are  in  fuch  a  cafe,  yea  Viewed  are  they  that  pri1-  •*•  '5- 

have  the  Lord  for  their  God  ■,  And  I  pray  God  the  Mercies  God  has  fhewed  us  of  this 

Nation  do  not  make  things  <JM.andr*buli  more  fnccedere  •,  that  is,  not  make  us  do  by 

our  benefaftor  as  Mandrabulus  did  by  Juno,  whom  the  firft  year  he  offered  a  golden  J^|S2"a- 

(heep  to  ,  the  fecond  year  one  of  filver,  the  third  one  of  brafs  .-  God  forbid  that  we  <Ug.  s*.  cent.i. 

fhouli  fo  requite  the  Lord,  0  foolijh  people  andunwife !  God  forbid  when  he  has  net  been  a  S:htl  •• 

barren  wildernefs  te  us,  we  fhould  abufe  our  mercies  to  his  dishonour. 

Secondly,  As  the  fertilitas  coeli  istbe  bleffingof  England,  fo     „,        . 
fmiUtas  foli  is  that  with  which  the  Nation  of  England  is  happy  in     c^JT^ll'  *£*??. 
alfo,  Our  Land  is  another  Campania,z\\  marrow  and  fatnefs  5  There     cha.  j. 
is  no  Shire  or  Angle  of  its  compafi  but  has  much  of  fruitfullnefs  in    See  Do(ioat  -^  view  of  cirilI  aod 
it .-  Here  there  is  Corn,  there  Grafs,  in  one  part  Wood,  in  another  ,  EccieCadicaJi  Lawes.^.  i7+. 
Mines,  on  this  quarter  grows  Timber  for  building,  on  that  Cattell 
feed  for  increafe  j  In  this  there  are  no  defarts,  no  unimproved  grounds  to  fpeak  of  but 
every  part  as  it  is  fitted  for  fome  fpecifick  purpofe,  fo  is  by  the  Inhabitants  well  and 
wifely  improved  to  the  end  it  is  rooft  correfpondent  to,  by  reafon  of  which  there  is  not 
much  bad  land  in  England,  as  in  other  Nations :  For  England  for  the  Sea-Coafts  and 
middle  part  of  it  is  ail  fertile,  and  (as  it  were)  for  the  molt  part  deep  loyled,  either 
fit  for  Gardning,  Feeding,  Plowing,  or  elfe  Wood-land  ■,  and  were  there  no  other  ar- 
gument of  its  good  foyle  then  that  it  nourifhes  fo  many  Inhabitants,  and  that  fo  afflu- 
ently, in  fo  little  a  Traft,and  gives  its  Inhabitants  fuch  fucculent  nutriment,  that  makes 
them  of  bold,  brave,  warlike,  daring  and  manly  courages,  that  no  Nation  does  plea- 
dingly face,  or  willi.igly  abide  Battaile  with  them  :  yet,  even  this  alone  were  an  argu- 
ment of  a  rich  foyle.   For  that  patch  which  brings  forth  much  in  a  little,  muft  needs 
have  the  potentiality  of  much  in  it :  And  when  to  it  the  benefit  of  Navigation  is  con- 
fidered,wbat  \t  has  of  Native  growth  more  then  it  confumes,  it  exporting  fetches  in  re- 
turn what  forraign  Commodity  it  wants.So  that, what  with  its  own  fertility ,and  Trade 
{Bleffed  be  God,)it  has  Breafts  enough  to  fuccle  its  numerous  brats  at  -,  and  if  we  be 
fequacieus  of  our  good  King,  whofc  extremities  have  taught  him  experience  and  faga- 
city  to  direft  Trade,  as  well  as  to  lead  Forces,  and  Adminifter  Juftice  }  fpr  he  is  Ex  w 
trooMt  C*f*r :  I  believe  we  ihall  carry  the  ftaple  of  Trade  and  make  our  maritime 
force  comfortable  to  thofe  in  amity,  and  formidable  to  the  reft  in  enmity  with  us. 
For  if  England  hid  not  been  the  Granary  of  the  weftern  World,  if  it  were  not  the 
Phoenix  Kingdom,  if  it  were  not  Tanquam  inter  ftellas  luna  minor es\  neither  the  R«- 
mam  of  old,  nor  ihe  PiQs,  Saxons,  Banes,  Normans,  Spaniards,  had  invaded  us,  had 
we  been  a  hungry,  vaft,  and  improlifick  Soyle ,  and  nothing  would  have  grown  with- 
out 


yji  A  Commentary  upon  F  o  rt  e  s  c  u  e. 

out  much  coft,  labour,  and  bardfhip,  no  Nation  would  have  been  eager  after  us:  but 
when  every  conquering  (lave  that  could  not  live  in  his  own  Countrey  but  miferably  j 
lives  here  bravely ,and  with  cafe  •  this  made  thofc  attempts  on  us,which  fome  times  were 
repulfed.but  whcn'prevailing,took  the  feafon  of  the  Nations  diflenfion.and  the  Nations 
duTociation  into  Parties.  So  that  God  having  indulged  the  LaRd  of  England  with  a 
brave  Soyle,  nobly  planted,  pleafantly  watered,  inhabited  by  Lords,  Knights,  Gentle- 
men and  Yeomen,  with  Artificers,Labourers,and  Common  people  in  abundance.-  though 
this  nineteen  years'  here  has  been  a  fierce  Civil  War,  in  which  iuneft  Battelli  have  been 
foaght,and  multitudes  of  men  of  all  ranks,ages,ar.d  artifices- yet  is  there  almoft  little  fign 
of  a  Warr  no  want  of  men,no  vifible  depopulation  •  fo  fruiclull  has  God  made  this  time 
of  Captivity, that  though  many  of  the  wealthy  Subjects  have  been  beggcred  and  dimini- 
fhed,  efpecially  fuch  as  had  perfonal  and  portable  eftates.yet  Forraigners  went  not  away 
with  the  fpoyle  of  it.the  Nation  ftill  kept  it,  it  is  but  transferred  from  men  to  men;  Eng- 
land yet  ,bleffed  be  God, holds  its  own.  And  therefore  if  it  pleafe  God  to  give  us,that  are 
Natives,  duty  to  our  fuperiours,  and  love  to  one  another,  theruine  of  Eng/andby 
thefe  Wars  may  yet  be  its  making  ;  For  there  is  a  third  way  of  Fertility,  and  that  is 
Mans  induftry,  which  is  in  the  effeft  zntmo  fcit;  for  it  brings  impofTiblc  things  to 
pafs  .•  This  induftry,  O  !  it  can  almoft  do  any  thing,  it  has  (as  it  were)  removed  Moun- 
tains, or  at  leaft  made  wayes  thorough  them  ,  fo  did  Cafar  over  the  A/pes,  and  Alex- 
ander in  his  voyage  to  the  Indies:  it  has  dried  up  and  diverted  Seas  and  navigable 
Torrents.-  it  has  erected  Hecatombs  and  Pyramids  from  little  attorns  of  principall 
materialls  ■,  it  has  made glafs  malleable,  inftruftcd  in  all  Arts,  Languages,  Sciences,  Pro- 
feffions :  found  out  the  ufe  of  Simples  and  their  Compofitions  ■,  of  Mettalls ,  and 
their  digeftidn  -,  of  Mineralls  and  their  ufe  •,  of  Peacc.WarrJuftice,  Religion  .-  nothing 
has  been  too  hard  for  the  induftry  of  man  to  cope  with  and  conquer.  Yea,  fo  far  has 
it  sharped  upon  Gods  peculiar,  that  it  has  found  out  many  fecrets  .-  and  if  Archime- 
des did  not  delude  himfelfe,  could  move  the  Center  of  the  Earth  if  it  might  fix  its  En- 
gine. 

Now  though  Tdo  not  believe  induftry  can  do  all  that's  boafled  of  it,  yet  I  do  advifed- 
ly  condude,that  in  the  induftry  of  man  there  is  fuch  a  latent  power  and  life  of  aduation, 
that  it  comes  neer  the  verg  of  miraculous :  thus  have  men  devifed  engines  of  bat- 
tery and  Military  ufe,  whereby  the  ftrongeft  Caftles  are  furprifed  and  won,  and  which: 
fecondedby  diligence  can  do  every  thing  .and  hereupon  have  fundry  noble  atchieve- 
mems  and  notable  been  performed  ;  yea  induftry  has  formed  polities,  and  founded 
Empires-,  and  the  Roman  one  ^  fovaft  in  circumference,  fo  venerable  in  its  edicts,  fo 
formidable  in  its  Armies,  fo  confultive  in  its  Senate,  fo  fruitfull  in  wife  men,  foconfer- 
vative  of  it  felf,  fo  vi&orious  over  the  Univerfe,  was  but  the  induftry  of  a  Romulus,  a 
Numajkc.  of thofe  numinated  Heroes  that  fucceeded  them  :  fo  fuccefsful  have  mens  in- 
duftries  been,  that  they  have  grown  by  it  like  fifhes  that  have  had  no  equals  to  feed  on 
the  nutriment  of  vaft  feas  but  themfelves,  and  to  whom  alone  the  lefier  fifhes  have  been 
preys.  And  if  mans  induftry  have  befides  all  this  tamed  Lions,  Panthers,  and  Tigers  -, 
charmed  Serpents^enamour'd  Dolphins,  civiliz'd  Barbarians,  reformed  debauches  j  nay 
even  joyned,as  fuliusCafar  dreamed  he  had  done  ,the  Empires  of  heaven  and  earth  v  it 
may  well  be  a  notable  improvement  to  fertility  offoyle ;  if  it  have  difcovered  the  globe 
of  earth,  and  the  path  of  fafety  and  knowledge  in  the  undifcernable  waters,  reducing  all 
ports  and  Nations  to  fuch  points  of  the  compafs  as  the  compas  directs  the  Mariner  by 
fleering  to  reach,  and  to  know  what  latitude  he  is  in,and  what  degree  he  muft  make  too  j 
if  it  have  fubje&ed  the  feas  Leviathans,  and  the  earths  Behemoths:  yea,leur*d  the  Eagles 
of  loftinefs,  Towring  Bajazet  s ,  and  warlike  Be lifariufes  into  cages I  of  reftraint,  and 
ftraits  of  nullity  -,  If  it  put  life  intodying  and  almoft  eXcinguifhcd  intercfls,  arid  them  re- 
called to'life,  and  as  it  were  after  their  interment, fufcitated  them  to  their  wonted  or  im- 
proved glory,thenisita  thing  to  be  encouraged  in  all,  which  is  the  reafon  that  all  Go- 
vernments have  encouraged  induftry  ,as  that  which  has  a  Cornucopia  attending  it,&  that 
which  is  moft  feen  in  the  trade  of  our  late  Monarchs  Reigns,&  has  been  moft  produdti  ve 
of  the  wealth  olEngland  of  any  thing  elfe,for  by  reafon  of  it  we  have  Europe  in  a  fort  in 
England:  Now  every  waft  ground  i9  built  upon,  every  incwlt  and  over.grown  field 
tilled  j  every  boggdrcigned  -,  many  parks  by  the  owners  converted  from  parks  of  plea- 
fure  to  mines  of  revenew  (though  I  am  no  friend  todifparking,  where  mens  fortunes 

'    wilt 


Vt  iagenium  ai- 
bii-eretur  ad  fur- 
rim.  M.  Parif.  p. 
101.  I.  fj.   bine 
wuhirmm    reticu- 
lum vel  aliquod 
hujttfmadt  vocm- 
ram  an  Engine, 
Gttfi.  *i  M,  Pa- 
lis i»  verba  Inge- 


A  Commentary  upon  Fortes  cue.  375 

will  bear,  and  their  Children  be  provided  for  without  therri)  and  all  this  by  the  in- 
duftry  of  man,  finding  fupports  therefrom  for  their.creafe  of  people  and  charges  of 
living,  which  good  and  frugal  mindes  confider,  and  therefore  to  it  fubmit  •  fo  that 
adde  to  home-lnduftry  forcin  Trade, .( which  is  but  the  former  diverfified,  and  by  the 
Changes  too  aad  fro  incredibly  advantageous  to  the  Nation)  and  there  can  be  no  ferti- 
lity thought  of  in  a  Land  but  England  has,  which  God  preferve.tousandmakeus 
worthy  of  it  ^  yea,  aud  may  they  ever  be  accounted  Enemies  to  all  that  is  good  in  the 
Nation,  that  do  bear  ill  will  to  the  Induftry  of  it,  for  they  doe,  Taururn  toSere  qui 
VitHlum  fuftulerint,  as  the  Adage  is. 

Though  therefore  much  might  be  fpoken  of  the  furtherances  of  Fertility  from  ad-  M- Pacir>  '"*>*" 
dithn  ofComfofi  to  the  foyle,  or  quickning  it  by  Marie,  Chalk,  Earth,  Salt,  Raggs,  ''£','.».«. 
Horn,    Leather,  Shaving,  and  all  overflowings,  with  reftings,  and  lying  fallow,  and 
equal  to  them  all  folding  of  Sheep,   the  breed  and  profit  of  which  has  enriched  many  _         .  . 
Families  to  a  proportion  like  that  Corinthian  Cydon,  who  was  fo  full  and  free,     that  he  c'Xw  *<w  ' 
kept  open  houfe  all  the  year  long  -,   as  alfo  by  fuhftraElion,    when  the  fucculency  of  Adae  >$.  cent, 
the  Mother  may  be  fuch  that  it  t-ifles  the  child  in  her  Womb,  who  is  not  able  to  take  lChUl- 
it  off;  rarkSoyles  parching  up,  through  inordinate  heat  and  heigth  of  nutriment, 
the  Grain  that  is  fowed  in  it,  or  at  leaft  running  it  up  all  into  blade  and  ftraw  with, 
out  car  or  berry  :     Or  laftly  by  Diverfion,  when  it  has  been  wornc  out  by  one  Grain 
or  burthen,  imploy  it  to  another  purpofe,  that  being  prudent  in  ordering  grounds, 
which  is  foin  greater  matters,  all  things  not  being  alike  practicable  in  all  times,  but 
changings  in  thofe  lefler  things  being  convenient  to  avoid  evils,  as  Augnflus  did,  who 
in  following  Scipio  Nnwantinus,   in  whofe  time  Pratorian  Cohorts  were  fet  up  for 
defence  of  his  perfon,  which  after,  from  being  Firmamentum  Imperii,  became  in  De  Mfliti*  ro- 
Lipfims  his  words,  Pejlis  Imperii  \  ifay,  though  on  all  thefe  there  might  be  profitable  ■■■».  i*.*.f.t4 
enlargement,  yet  I  contract  my  felf,  not  to  differve  my  Country,  whofe  Glory  I  am 
ever  willing  to  advance  in  prayer,  and  praftife ;  but  to  return  to  the  Chancellours 
pofition,  that  comparing  England  Acre  for  Acre  with  any  other,  it  gives  place  for 
fruitfulnefs  to  no  Country  ■,    nay,  in  that  it  hath  thofe  feven  endowments  which  the  Wkfe.fi*:*. 
Philofopher  makesthe  glory  of  aLand,  "i.  Nobility  of  Vegetables,     a.  Wholefome  S*ffaD-  c^al°B: 
fountains  and  fruitfull  Rivers.     3.  A  benign  influence  of  the  Sun.    4.  Abundance  of  p^'^" 
conveniences  of  Cattel  and  other  things  to  the  ufe  of  man.     5 .  pleafantnefc  of  fitua- 
tion  intheLandskipof  it,  having  Woods,  Rivers,  Springs,  Meadows,  entcrwoven. 
6.  Plenty  of  healthfull  victuals  and  fruits :  and  7.  Temperatencfs  of  Air  and  Climate. 
It  may  1  humbly  think  in  thefe  and  the  foregoing  refpects  be  accounted  fellow  to  any 
Country  in  the  world  ;    and  this  the  Chancellour  intends  at  leaft  when  he  fayes  it  does, 
Ceteras  otnnes  quaff  regitnes  exfuperat  ubcrtate  fruElnum,  J  and  adds,  Etiam  funm  ultra 
ipfa  profert  vix  induftria  hominis  contitata ,    which  I  take  not  to  be  altogether  Hypcr- 
bolick  to  (hew  his  pathos  to  his  Native  Country,  which  probably  he  loved  better  ca- 
rtndo  quam  fruendo,  but  to  have  fuch  a  truth  in  it,  as,  candidly  expounded,  directs 
the  Reader  to  the  true  eflimate  of  England,  which  in  no  Corner,  and  in  no  Hill  al- 
moft  of  it,  no  not  in  yy ules  or  CornVoaM,  the  dryefl  and  fteeleft  parts  of  it,  is  void  of 
herbage,  but  carries  a  green  Coat  upon  it,  which  breeds  and  raifes  young  Cattel  of  aTl 
forts  -%    and  by  reafon  of  which  not  the  peafantry  (  as  France  terms  them)  but  the' 
Yeomandry  and  Farmers,  as  we  in  England  call  Country  Occupiers  of  Land,  are  the 
happieftofany  Swains  in  the  World;  for  whereas  in  other  Lands  they  are  (hoelefle, 
fpoonleffc,  difhlefle,  except  accommodated  with  wooden  ware,  which  is  the  higheft  of 
their  furnitnre;  thofe  poor  Labourers  being  the  prime  and  nobler  Beafts,  labouring  to 
makethemfelvesmiferable,  and  their  Lords  luxuriant,  and  to  them  mercilefle.   Thefe 
with  us  in  England  (and  bleffed  be  God  and  the  Law  for  it)  while  they  continue  to  Note  this  & 
know  themfelves  and  their  betters,  the  Nobility  and  Gentry  re  Joyce  to  fee  it;  the ■'  ht  thankful^ 
Yeoman  and  Country  Corjdon  is  a  great  Proprietor  of  Land  (  Freehold,  and  Socage 
Tenure  of  Inheritance  )  ferved  in  plate,  attended  with  Servants,    cloathed  in  the 
beftCloath  and  Silks,  trimmed  with  filver  and  gold,  full  of  money  in  hispurfe,  and 
ready  upon  all  occafions  to  lend  on  Bond,  or  layout  on  Purchafe;  yea,  generous  to 
his  Wife,  Children,  and  Family,  whereat  and  drink  in  great  plenty  and  variety  ;  yea 
many  Yeomen  are  fo  gratefull  to  God  and  the  Gentry,  under  whom  they  have  grown 
rich  and  lived  happily,  that  they  breed  their  fons  to  Learning  and  Callings  of  Wor- 

N  n  n  fliip, 


ija         A  Commentary  upon  Fortescue. 

(hip,  and  having  well-bred  and  well-portioned  their  Daughters,  married  them  into 
generous  families,  and  unto  men  whole  Merits  make  their  way  to  Honour  and  Emi- 
ncncy;  and  alLthis  while  the  Yeoman  labours  little  bodily,  but  looks  over  his  fcr-' 
vants  '  and  by  prudent  ordering  the  waycs  of  his  family  and  husbandry,  attain* 
great  advances  in  fortune  :  and  I  think  it  may  very  truely  be  faid,  that  moftly  by  this 
means  the  Yeoman  does  live  more  free  from  care,  and  give  his  Children  better  Por- 
tions then  the  younger  brother  Gentry  ,  and  this  he  does  by  God's  blefling  on  his  la- 
bour from  the  foyle  and  the  fruits  of  the  ground  •  the  fertility  whereof,  to  the  propor- 
tion of  the  Chancellour's  Expreflion,  is  hence  in  a  good  degree  confirmed,  and  I  think 
by  no  judicious  man  will  be,  in  fuch  degree,  denyed. 

Nam  arri  ejus,  tampi,  faltus,  &■  nemtra,  tanta  facunditate  germina  tbulliunt,  ut 
ineulta  iSa,  {*?e  plus  commedi  aferunt  pofefortbus  fuis  quamarata,  licet  Jerti- 
liffimaipfa  funtfegetum,  &bladerum. 

Having  before  in  generall  commended  the  fertility  of  the  Nation,  he  makes  good 
Btech«o$  a  -i.g.  the  luftre  of  the  whole  by  the  dignity  of  the  particulars  which  compleat  it.  Agri  ejus  ] 
*7-  F-  n&wrt.  j)0„atas  and  Varro  derive  Ager  ab  agendo,  quia  in  ilh  multa  aguutur  ;  the  Learned 
^n'fie'  '  ■  largely  take  it  for  any  neighbouring  Territory  to  great  Cities,  thus  Ager  Campanus, 
n.'.'TlrZT',,  Leontinus  and  the  like  is  read  in  Authours  •  but  ftriAly  they  take  it  tor  that  place  in 
UiiTtuoebam.  ^  Q0untry  wherein  Country  men  live  and  do  Country  Affairs-  and  therefore  they 
Adverfar.w.  i.  ^er^c  {rom  Agtr,  peragre,  ptregre,  and  pertgrinus,W  one  qui  multes  agros  pererrat. 
Becman.  DtUng.  ike  Latins  make  Ager  fourfold,  Seminalis,  Confitivus,  Pafsuns,  and  Floriger,  or 
vTnot*  *  e.  Reftibilis  &  Nivalis  •,  our  Law-language  calls  open  common  fields  Agri,  and  men  that 
t's"*.  '•>-.'  live  in  remote  places  with  little  Neighbourhood  Agrefles :  thus  in  Deeds  and  Convey- 
ances arrable  Lands  in  the  fields  is  underftood  for  the  common  fields,  where  no  mam 
particular  right  is  enclofed  though  bounded. 

Campi~\  Valla  terms  Campus  F Unities  terra  ampU  &  grandir, 
wit  *£»*  camfui  Mtrtim.  Cxfat.j.  idto  fpatiofa  platea  arcave ,  campi  nomen  aceeperunt,  and  hence  is 
•xeu.civti.m.  it  that  Geographers  when  they  defcribe  any  Country  that  is  plain 

Sicnli  circum  ant  Hippodro-  and  open,  call  it  campeftris  Regio,  I  take  this  word  C«mptu  as  Lip- 
mum  i&nTnv  vocabant,  a  fiexu  fiut  does  Prcmotus  and  Promotio  for  a  pure  Roman  word,  and  as  that 
quadrigarum  qua.  ibi  cert  a-  is  given  to  one  that  is  famous  cb  firenna  faQa  msiltafque  c*dcs, 
bant.  Becman  in  verba.  fo  is  this  term  Campus  proper  to  vaft  and  roomy  places,  where  there 

is  convenience  to  flirr  and  aft  bufinefle,  Fields  to  fight  in  are  cal- 
led Camps  hence,  becaufe  the  men  in  them  are  not  couped  up,  but  can  fight  with 
numbers  and  in  variety  of  figures . 

Saltus"]  TheTranflator  renders  this  Groves,  and  fome  think,  how  probably  I  fay 

not,  in  thefe  occult  places  they  did  in  Ethnique  times  celebrate  idolatry,  and  in  that 

were  merrily  mad  in  dancing  and  capering,  not  onely  to  fhew  their  joy  to  ferve  their 

Idol,  but  to  facrifice  their  Activity  to  the  worftiipof  it .-  hence  the  Scripture  tells  us 

of  Idols  in  the  Groves,  and  David's  dancing  before  the  Ark  in  the  fight  of  Jfrael, 

iKfcgtf.1}.*  may  be  thought  to  ftiew.that  though  he  were  a  King,  l  cAr.^.yethewouldexpreflcas 

much  of  Exultation  and  Activity  to  the  fervice  of  thetrueGod,  as  the  Worfhippersof 

Idols  did  to  their  falfe  ones.-  but  this  is  too  high  a  Caprc  from  the 

Saims  dtnfiir  fih*  ifinvU.  <ppi  ibi  m-     truth  of  the  word's  notation,  Saltus  is  a  Lawn  in  a  Park  or  Fereft, 

S^i&££Z£Z%£    wherein  Beafts  of  Venery  and  Ch3fe  do  fhade  and  repofe  them- 

f.fj.dexcrk.fiimfii.  felves,  and  from  thence,  becaufe  Hares  and  Harts  are  faliant  Crea- 

MtH>fHii{,iv*6rf'fl>°'<"f»«>'  Ca     t  d  tiK  inhabitants  of  Woods  and  Groves,  the  Woods  and 

■  us  Alius, /it.  a.  f'imfit.  if    j  -    i  L         „     ■  i      r  .    r  .         Zr  ■> 

Groves  arc  called  Saltus-,  thus  Ovid  uies  apt ■»  faltus  Venatmbus,^ 
s*it*i  t"  *"P"*  ffftfup'  «"S»Hm  «•     and  Virgil  magnos  canibus  circundare  faltus,  and  thus  Saltus  fig- 
riLZ^J^t "^"affiuUri  s'dms.    mrks  a  great  Trad  of  ground,  where  there  is  fcope  enough  for  the 
vano  Dt  n  Ttyto.  ub.  i.  r.u.    .         nimble  foot  of  thofc  beafts  of  chafe  -,  Livj  tells  us  of  faltus  Pjrcnaus 
Tutneb  Ad*cir.  u.  x.  c ,.  Um.  ib.     ^  -^  hcfe  ouf  Tcxt  ^  ^  Govem  and  Lawnes  of 

Aiciat.  in  Lt£.  to.  p.  !«.  <tt  viritmm    Deer,  cubilc  &  lufirum  eorum,  as  Plinj'%  words  are,  lib.S.c.  j*. 
fs*h  Saltus,  as  much  as  philofophers  mean  by  su'fy©-. 

Et 


Cic.  m  Attic,  lib. 

1$.  }12- 

t  Aneid.  Itl. 
IJ*», 

£<*.  i.   De  Di»i- 
nat.  i*s. 


Sir  Francis  Bar- 

rington's  Cfir 

Cook /it.  8./-. 

IS*. 

i  Jac.  xr. 

I  ljliz   is- 

23  Eliz.  c.  s. 


A  Commentary  upon  Fortescue,         $7  j 

Et  Nemora  ]  Thefe  Feflus  calls,  i^/t/^  amtnas,  where  Cattel  feed  in  the  fhade, 
free  from  the  heat  of  the  Sun,  orbiting  of  the  Brcc.es  that  in  the  heat  fting  and  dif- 
quiet  them  ;  and  they  are  called  Nemora  from  n/ju»  pafco,  becaufe  they  afford  plea- 
furc  to  the  eye  in  the  grcennefs,  and  food  to  the  creature  who  feeds  upon  the  gripe  of 
them-,  Authoursafcribepleafureto  them,  Virgil,  T  ortunatorum  mmortm  amana  *m; 
retaodoratum  UuriKemus;  Tulljfzycs  much  ot  thefe  in  thofe  words,  Nemora  &  fyl- 
va  mtiltos  commev'ent  •  and  the  Romans  when  they  called  that  place  which  they  con- 
fecrated  in  the  Aricim  Territory  to  Diana,  Nemus,  are  thought  to  do  no  difhoncur 
to  the  word.  Our  Law  accounts  Nemora  Woods  the  Treasuries  of  Timber,  and 
though  true  it  be  that  feeding  under  them  is  not  fweet  where  Timber  over-fhadows 
it  •  yet  the  Law  does  take  fpecial  care  to  preferve  Timber,  that  is,  fuch  wood  as  is 
fit  for  building  of  Houfes  and  Shipping,  and  as  the  Common  Law  makes  the  unfea- 
fonable  and  unreafonable  felling  of  it,  waft,  fo  do  fundry  Statutes  forbid  it,  or  at  leaft 
exprefs  how,  and  how  not,  'tis  to  be  felled,  foStat.  35  H.  8.  c.  17.  made  perpetual 
by  13  Eliz.c.  25.  And  in  regard  of  the  late  liberty  of  deftroying  and  wafting  the 
lufly  Timber  of  this  Nation,  there  may  ( I  humbly  think )  be  very  further  ufefull 
Prohibitions  and  Penalties  on  Offenders  added  for  the  future ,  for  our  Ships  are  our 
Walls,  and  of  our  well-grown,  and  flurdy  Iron-fided  Oak  are  our  Ships  made  -,  and 
if  they  be  wanting,  and  wanting  they  will  be  if  Providence  be  not  the  better  Steward, 
what  (hall  becomeof  our  Trade  abroad  and  our  Security  at  home  :  but  becaufe.  Rome 
was  not  built  in  a  day  nor  is  a  Reformation  in  the  true  Law-fenfe  efftctable  prefent- 
ly  •  it  becomes  me  to  be  filent  any  further  then  to  remember  thofe  that  have  Power 
and  Opportunity,  that  this  is  ofnolclsconfequence  then  other  things,  which  in  for- 
mer times  have  been  made,  as  is  this,  penal  to  mi fufe  them  ■,  jifie-wood  was  in  H.6, 
time  ufed  for  Shafts,  the  Statute  of  4  E.  4.  c.  9.  permits  Patten- makers  onely  to  make 
Pattens  of  fuch  Afpe  as  was  not  fit  for  Shafts }  Englifb  Horfes  were  Felony  to  be  de- 
livered into  Scotland,  3  2  H.  8.  c.  6.  i  E.  6.  e.  5.  5  Eliz.  c.  1 9.  Bell-mettal,  or  Brafs 
to  caft  Ordinance  not  to  be  tranfported,  2&3.E.6.  c.  37.  Sheep  not  to  be  carried 
out  of  England^  8  Eliz.  c.  3.  Corn  not  to  be  tranfported  but  upon  fome  cafes,  1 3  Eliz. 
c.  13.  confirmed  by  21  Jacob.  28.  &  3*  Carol,  c.  4.  Leather  not  to  be  tranfported  18 
Eliz.  e.g.  Timber  not  to  be  confumed  by  new  Iron-Mills,  2  7  Eliz.  19.  and  why 
( God  and  good  men  forgive  my  zeal  to  England*  Navy  )  fhotild  it  not  be  made  almoit 
Treafon  to  fell  Timber  lor  (hipping  to  Foreiners,  or  to  build  (hipping  here,  and  a- 
broad  to  fell  them  to  fuch,  as  either  actually  are,  or  upon  any  rcafon  of  State  may  be 
the  Nations  Enemies.  But  this  is  a  Digreffion,  for  which  1  both  do  penance  in  my 
felf,  andxravc  pardoa  of  my  betters,  whofewifdom  ldo  praife  God  for,  and  hum- 
bly fubmit  to,  not  arrogantly  cenfure 

I  return  then  to  the  Text-Mafter's  meaning,  that  is,  to  the  praife  of  England* 
fniitfulncffe,  even  in  the  herbage  under  the  fhades  of  trees,  and  growths  of  Timber, 
which  he  fayes  does  not  onely  keep  Cattel  alive,  life  and  foul  together ,  as  we  fay,  but 
rounfh  them  to  a  rankneffe  and  lufty  increafe  of  flefh,  infomuch  that  the  profit  of  their 
feeding  equalls  the  proceed  of  tillage,  all  charges  considered  ■,  for  though  thefe  Groves 
fliould  be  fertilijfima  frugttm  &  bladorum,  which  they  reafonably  cannot  be  expect- 
ed tobe,  which  ly  in  the  fhade  and  under  the  dripp-  yet  fogreat  is  the  charge  of  the 
plough,  and  fo  little  that  of  feeding,  that  there  is  not  in  the  condufion  much  diffe- 
rence ■,  yea,  I  believe  as  great  Eftatcs  have  been  gotten  by  Timber  and  grafing,  as  by 
Tillage,  though  the  Law  affords  great  priviledge  to  Tillage,  and  generally  ( I  think  ) 
all  CovenantsSriade  agsinft  Tillage  are  void,. and  feverall  Lawes  have  been  made  in  fa- 
vour of  Tillage,  that  of  4  H. 7.  r.  19-  6  H-  9.c  %.  yH.i.ct.  andothers,  though 
expired  and  repealed  by  39  Eliz.c.  1.  and  2 1  Jacob. 1.28.  butthe  Common  Law  fa- 
vours  ploughing  as  the  way  and  means  to  procure  bread,  the  flajf  of  life,  andtonou- 
nfh  Cartel  for  theferviceof  man  and  portage  of  commodities:  and  therefore  when  irt 
H.  1.  or  H.  2.  times  Tillage  was  much  decayed,  I  read  that  great  numbers  of  Husband- 
men came  to  rhe  King's  Courts,  offering  up  their  plough  fhears  to  him  in  token  of  their 
Calling  ceafed,  and  they  undone,  which  was  occalioned  by  Lords  and  great  mens 
turning  their  Demefnes,  Woods,  Forefts,  and  arrablc  Grounds  into  Pafture,  and  a 
very  good  effect  tol lowed  it  ■,  for  many  good  Lawes  came  in  ufe  which  encouraged 
'  Husbandry,  aid  when  the  Stat.  1 2  R.  2.  c .  j .  was  repealed  by  5  Eliz.  4.  &  21  fac  28. 

.  N  n  n  2  'twai" 


FletaW.i.  c.jj. 


Mr.  Fabian  Phi- 
lip's Tnmra  f  st 


V6 


I  Inftit.p.  IS. 
»  Inftit.  p  Ho. 
the  Stat.  Men*: 


Cod.  dt  ^Agriestlt  &  Ci»f.  lib.  n 
lotlUS  mmqHam. 


L.Co- 


A  Commentary  upon  Fortes  cue. 

'twas  not  to  dishonour  and  difheartcn  plowing,but  to  rcleafethofe  that  hrd  geniufes  to 
higher  things  then  the  plough  from  the  rigour  of  the  Statute ;  fince  many  men  may  be 
of  a  calling  for  fome  yeares,  who  after  may  be  fitter  for  otber  things  then  it :  in  as 
much  then  as  that  Statute  tied  thole  thai  were  in  the  calling  of  Husbandry  for  twelve 
yeares  not  to  alter,  it  was  by  the  5  £/»'*..  c.  4.  ( as  tcrthat,)  repealed  :  but  (till  the  pa- 
tronage of  Husbandry  is  in  the  Law,  which  highly  favours  it,  and  that  in  confedera- 
tion of  fix  difadvantages  that  accompany  the  abatement  of  Husbandry  :  I  irfl  idlenefc. 
Secondly  Depopulation.  Thirdly  Decay  of  one  of  the  greatcfl  Commodities  of  the 
Realm.  Fourthly,  The deflruftion  of  Churches  and  the  Service  of  God.  Fifthly,  In- 
jury to  Patrons  and  their  Clerks,  Gods  Miniflers.  Sixthly,  The  defence  of  the  Land  a- 
gainft  forraign  enemies  enfeebled,  the  bodies  of  husbandmen  being  ftrorig  for  Warr. 
Thefc  and  fundry  other  reafons  are  the  caufe  our  Law  favours  husbandry,  and  fo  do 
all  Lawes  and  Nations :  Tempore  Agriculture  nullo  patio  agricoU 
cicbent  molefiari  ;  yea  ,  fpeciall  Lawes  centra  juris  raticutm  ,  are 
there  to  exempt  husbandmen,  and{4)  Diodorus  Siculus  reports,  that 
the  Indians  before  the  Trojan  War,  did  ufe  to  War  without  any  in- 
jury to  them:  and  Philo  in  his  Book  purpofely  written  of  it,  fets 
forth  the  ufefull  and  excellent  benefics  of  it  t  and  fatricius  fayes 
plainly,  Vnlefsmen  VcM  grow  too  dainty  to  be  of  that  fex,  and  mil 
invade  the  delicacy  of  females,  thtj  ought  not  to  hold  themfelves  too  good 
to  be  husbandmen,  for  it  is  a  courfeof  life  beaming  the  mofi  excellent 
minds  ,  and  perfons  of  greatcfi  gallantry  have  delighted  in  it:  All 
which,  and  much  more,  might  be  faid  in  commendation  of  it,  if  need 
were  fo  to  do  ,  but  when  it  commends  it  felfe,  as  it  fo  much  does  to 
our  bodies,  in  bringing  us  bread,  and  flc(h,to  our  purfes,  in  filiing 
them  with  money  ,  to  our  glory ,  in  manning  fhips  and  camps. 
There  needs  no  more  to  be  added  then  the  fuffrage  of  King  Solomon ,  who  in  the 
perfon  of  the  Preacher  fayes,  The  profit  cf  the  earth  is  for  all :  The  King  himfeife  isfer- 
ved  by  the  field.  # 

And  therefore  when  the  Chancellour  tells  us,  England  has  Nemora  fegetum  &  b/a- 
dorum  fertiliffma ,  he  fayes  much  to  the  plcafure  ana  plenty  of  all 
eftates :  For   in  that  the  fields  are  ftrtiliffiwa  fegetum,  he  means 
there  is  bread  enough,  becaufe  Corn  plenty  •  For  Seges  is  that  grain 
that  is  ground  for  bread.   Et  BladommJ\  Which  is  a  fynonomus 
word  •,  Bled  in  the  French' being  thought  by  mutation  of  /  for  r, 
to  be  Bred  our  word,  which  the  Latins  call  Pants  from  the  Greek 
ru\  :  becaufe  it  is  the  all  of  life,  Men  in  diftrefs  calling  for  Bread  Bread  for  the  Lords 
fake  •  and  hence  this  word  Bladum  is  taken,  as  Seges,  for  all  grain  that  is  makeable  into 
bread,and  ufed  as  fuch  to  be  eaten  ;Not  onely  Wheat  and  Rye  diftin<fr,or  together  cal- 
led Mefling  Blad-m  Hybernagium,  but  for  all  ■,  as  well  the  former  as 
Barley  and  Oats,of  which  bread  ufually  is  made:  And  may  be  extend- 
ed alfo  to  Beanes  and  Peafe,  of  which  for  Heed  bread  may  be  made. 

Though,  I  know,  Braclon  excludes  them  from  Herbage,  or  Blade, 
making  them  Swines  food,  not  Mans  .-  For  as  the  heft  tempered  piece 
of  itcele  is  called  a  Sword  blade  •,  and  the  keened  mettled  Man  a 
notable  blade  -,  fo  the  beft  Herbage  of  the  Ground  is  called  here  Blade :  and  of  d.is 
Englandis  faid  to  be  moft  fertile. 


luc.  deTenntiib.  i.e.  tedem. 

Cafii  Caul.  Gl.  M.  f.Ali. 

(«)  Mhiha  cede  grnfantssr,  tsgrittlis  mil* 
in  re  nectnl  ,  ftd  mtdlfil  rtlinijumit  trsn- 
crssam  commnm'  Hl:lil4tis  trimiftrtl  necint 
htftinm  agrts  nrunt  uecjsse  Mints  ctdnnt. 
3.  Anciq. 

Iriftit.  Reipubl.  lib.  j.  Titulo  ftenndt. 

Fancirol  in  nnitin  Imperii  dt  Mstgiftr. 
Municipal,  c.  t>. 


Ecdef.  j  j. 


Segci  pnprie  fringes    eerum  feminism 
nuibsss  ttnfictinr  panis  Valla,  lib.  4. 

Plin.M.  \x.c,  17. 

Glofs  ti  M.Parif.  in  verbo  Eladz. 


Fleta.  lib.  1.    c.  Ii.   dt  exitilnis    (jrtm- 
giarnnu 

Item  nottndum  tiHtd  fssb  nomine  Herba- 
gii  non  etntinemr  Clans.  Biafton  lib.  4. 
p.  Ii6. 


Deut.17.  17. 


Ccj^on  Stat. 
Merlon. 

t  latoi.p.ti. 


Includuntur  tjuoaue  in  ttrra  ilia  faflurarum  atva  f of  satis  &  fapibus. 

The  Riches  of  Englands  Land  is  much  occafioned  byEnclofure,  not  of  Commons, 
for  truely  I  queflion  whether  that  be  not  within  the  Curfe  ,  of  removing  the  antient 
bounds,  and  grinding  the  face  of  the  Poor,  for  whom  I  perfwade  my  felf  onely  the  pit  ty 
of  our  Princes,  and  the  charity  of  their  fubje&s  (the  quondam  proprietors  under  them, 
\z\\  them  free)  but  of  mens  diftinct  eftates,  which  no  one  but  themfelves  had  common 
in:  For  where  any  had  right  to  enclofe  without  their  confent,  and  leaving  them  a  fit 
proportion,  was  forbidden  by  the  Common  Law,  and  confirmed  by  the  Statute  Memn. 
JOH.J.  c.s\.  &  I3£.i.r.49.  which,  though  it  gave  leave  for  great  men  to  ap- 
prove 


577 


Idem  hit  prAtit*' 
10. 


A  Commentary  upon  Fortescue, 

prove  sgsir.ft  their  Tenants  where  they  left  them  fufficient  common  of  paflure,  yet 
did  not  enable  them  to  er.ciofe  as  they  pleafed  •  for  if  thej  leave  not  Efficient  Common 
in  the  re ft due  ,  the  Commoner  may  breaks  diwn  the  whole  inclofure  (  faith  Sir  Edward 
CoileJ  becaufe  it  fiandith  upon  his  ground,  whi:h  is  his  Common  :  the  fame  Law  of  pre- 
ferving  Tenants  Right,  as  indulging  Lords  in  point  of  inclofure  is  referved  by  the  3  & 
4  of  E.6.  c.i.  and  by  the  43  Eliz,.  c.  11.  Perfons  undertaking  to  dreyne  Marfhes, 
and  keep  them  dry,  mult  be  by  approvement  made  between  the  Lords  and  Commoners 
of  thofe  N'aifhes  and  the  undertakers :  snd  when  Burwell  in  King  'James's  time  did 
Winn  and  Inn  the  Varfhesof  Lefnes  and  Taunts  in  Kent ,  that  were  drowned,  he  was 
fainc  to  agree  with  the  Lords  and  owners  of  the  fame  furrounded  grounds  before  be 
com\d  doit;  fofayes  the  Statute  4  Jacob,  8.  &c.  13.  Thefe  all fhew  that  the  Texts 
lncladnninr  is  not  Inclofure  of  Power  only,  but  of  Law  -,  of  right  rather  then  might : 
And  this  fo  done  enhanfes  the  common  profit  of  the  Nation,  and  the  particular  profit 
of  the  owner ;  becaufe  it  makes  dry  and  leane  grounds  well  fenced  and  fat. 

Pafiurarnm  arva,~\  That  is,  by  having  coll  beftowed  on  them  (which  when  they 
lie  open  the  owners  will  not)  to  become  lufty  and  fucculent,  and  by  being  delivered 
from  the  conftant  harrafs  of  the  plough,  which  rips  up  the  heart  of  them  (for  arva 
comes  from  aratrum,  whence  ambervales  hofiit ,  becaufe  offered  for  the  fields  our 
Hzrvdi  a  nafiarvi  ftflum  and  their  arvi-pendium )  become  walks  for  feeding  of  Kine 
andBeefes:  For  that  which  Varro  calls  Arvutn  agmm  nccdutn  fa  turn, our  Chancellour  ^ff  c'"' 
terms  Pafiurarum  arvum  ;  feeding,  or  ?afture  grounds :  fo  Braiton  ufes  the  word ,  Lib>  ♦• fo1,  "z 
Efi  enim  communia  in  eo  qptod  dicitnr  paftura  dt  etnni  cjuod  edi  poterit  vel  pafci. 


Sjma  in  arvii  efft. 
reb*tttnr  Fejius. 
Varrt  lib. i.  d:  T(t 


Tcjfis  &  fdpibus.']  Hedge  and  Ditch  is  th"e  word  of  onr  Law  and  instruments  of  con- 
veyance, which  fomc  Books  call  defenfa  ,  and  we  at  this  day  in  fome  places,  Fences  i 
which,  as  every  owner  is  bound  by  Law  to  keep,  fo,  being  fufficient  to  break  thorough 
them,  and  lay  open  any  mans  ground  is  a  Trefpafs,  and  an  A&ion  lies  for  it :  the  Sta- 
tuteof  1  Mar.  Sefs.2.c.i2.  made  the  calling  down,  or  digging  the  Pales,  Hedges, 
Ditches',  or  other  endefureof  any  ParTc,  or  other  enclofcd  ground,  by  the  number  of 
twelve  or  above  to  be  Felony  •  but  the  1  Eliz,.  16.  limited  it  only  to  the  Queens  life, 
auduntill  the  end  of  the  Parliament  then  next  following,  but  the  Trefpafs  ftill  remains 
for  breaking  fence,  Fkdge,  or  Ditch,  the  conveniences  of  which  Mures  or  Inclofures 
topafturcs  the  preamble  to  the  4  J acob.  1 1 .  incomparably  fets  forth  •  and  the  7  Jacob. 
c.  13.  as  to  parks,  makes  penal  I  •  For  as  Walls  and  Fences  Military  are  reckoned  In- 
ter facra^ind  they  had  their  Foffa  interiores  &  exteriores,  within,  and  without  to  keep 
the  Enemy  from  afTault ,  and  when  he  had  got  the  wall,  to  keep  him,  yet  at  diftancc  by 
the  Inn-duch  ,  fo  did  the  wifdom  of  antiquity  to  keep  Cattell  fafe  from  prey  of  beat-is 
and  thieves,  fecure  them  by  Inclofures  fenced  and  ditched ,  which  is  the  fignification  of 
the  word  Parke,  from  the  French  Partner,  to  enclofe. 

Defuper  arbor ibus  plant  atis  auibus  muniunttir  a  proceUis  ,&  aft*  foils  etrnmgre- 
ges  &  armenta. 

Asmoflly  die  hedges  are  of  quick  which  keeps  the  fence  thick,  and  the  bankftrong, 
fo  in  the  quick  are  planted  Trees  of  all  forrs ,  hut  chiefly  thofe  that  beare  a  great  Icafe, 
and  giv  c  a  good  fhade,  Timber  Trees,  Oake,  Elm,  Afti,  and  though 
fometimes  Apple,  Pare,  Crabb,  as  in  He rtford  and  fVorcefier  (hire 
and  in  Kent  the  Garden  of  England  (yea  Sparfm  everywhere)  yet 
generally  the  other,becaufe  of  the  lop-wood, whereof  Stakes,  Gates, 
and  other  things  may  be  made,  as  well  as  the  Cattell  defended  by  the 
(hade  of  them.  Thefe  Tree9 ,  they  arc  not  faid  nafci ,  but  plan- 
tari ;  ( for  t homes  and  briars  are  the  Earths  aborigines )  Trees  are 
planted  with  the  art  of  the  hand  and  care  of  the  eye;  yea,  and  to  the 
comfort  of  the  heart  of  the  planter :  Thus  the  good  man  is  likened 
to  a  Tret  planted  by  the  rivers  of  waters  ,  his  goodnefs  is  from  his 
plantation  •  a  noble  vine  he  is  becaufe  God  made  him  a  noble  vine. 
Thus  God  is  faid  to  plant  bis  Church  fir  a  vineyard,  wherein  hi« 


M.  Paris.  I4}.<» 

vit*  Sanfti  Alba- 
ni.  /.  11. 


I.ipfius  Polior- 
dket  tit.i.  Dt*!t£. 
5.  p.  lit,  1*7. 

Vallt  vd  ftjf* 
arcAtidare  Gla/l 
M.P»iiC.i/»v<rt« 
Tan*. 


*4rb*r  eft  £ener*le  ntmtn  &  njrpelltttitni 
ejus  wis  <iuo(jHt  ir  hticrm.  &c.  ami- 
n«»r  Jutilconliilti. 


Tlanta  it  drboritti  dicitnr  t*  ijh*  ftxnf. 
fitmdt  fr*tt*  vel  dt  urimihw  rift*,  vH 
tx  fimmUnu  tft  m*,  Strvini  in  1  Oeorg. 


lerem.  i.  if. 
Pl»l.  1. 


i&y  {• 


Ordinances 


378  A  Commentary  upon  Fortes  cue. 


Ifa.il. 1, 1.1A. 
J»7- 


lMk.1l.  )t. 


Ualth.  t. 


(»)  Pre  Flacco. 
to.-    > 

(h)'De  Strnd. 
47- 


Ordinances  produce  liquor  oHifc  to  penitent  and  proftratefinners,  and  that  upon  this 
ground  that  he  hath  planted  it  to  that  end,  To  binde  up  the  broken  heart,  and  to  f peak, 
peace  unto  the  Cc.pt  ives.     Whereas  then  our  Text  fayes,  arbaribus  ilantatis  1  it  means 
Trees  purpofely  fet  to  anfwer  the  owners  end,  in  the  Hedges  ornament,  the  Cartels 
umbrage,  and  the  Lopps  profit. 

Quibns  muniuntur  a  procelli*  &  aftufolis  eorumgregts  &  armer.ta. 

This  thews  the  end  for  which  Culturage  had  this  care  and  defence  raifed  about  it ■, 
as  the  Ships  that  carry  rich  Merchandife  have  Gunns  aboard  to  defend  their  lading  -, 
and  Caftles  that  have  the  Commands  of  Countries,  have  all  military  habiliments  to 
preferve  and  carry  on  their  defigns  and  interefts  •,  fo  the  field  having  its  riches,  Corn 
and  Cattel,  has  not  onely  Hedges  and  Ditches  to  prevent  Beads  forrage  and  Swincs 
rooting,  but  Trees  Ihelter  for  the  Cattel  againft  heat  and  cold. 

Greges  &  armenta~\  Thefe  words  comprehend  fmall  and  great  Cattel,  the  Gre- 
gory Creatures  are  properly  Sheep  and  Goats  •,  thefe  are  the  flocks  to  which  our  Lord 
alludes  in  thofc  words,  Fear  not  little  flocks,  meaning  thefe,  who  are  commanded  to  be 
mildc,  paflive,  and  tender  fpirited :  the  Armenia  are  fuch  as  are  called  Majora  am. 
rr.aiiaqtia  arationidefiinuntur,  fuch  as  are  Cowes,  Oxen,  Afies,  Deer,  and  Swine, 
are  faid  alfo  to  be  in  Herds,77*  evil  Spirit  went  into  the  Herd  of  Swine :  Now  both  thefe 
forts,  though  they  have  pelts  well  covered  with  wool  and  hair,  yet  are  fenfible  of  ex- 
tremes either  of  heat  or  cold ;  andbecaufe  the  opprefllon  of  nature  by  either  hin- 
ders the  frolicknefs  and  vivacity  of  them, .  whence  the  thriving  andfatningof  them 
comes,  therefore  experience  prepares  remedies' for  both  thofe  in- 
conveniences, which  the  Text  calls  Muniuntur,  ~\  a  term  applycd 
to  any  defence  :  infome  Authonrs,  Letters  credential,  or  Certifi- 
cates, whereby  men  unknown  are  teftified  to  be  what  they  are 
are  called  Munimenta  •  Sipontinns  fayes,  mnnirt  is  as  much  as  ftrti- 
ficare,  praparare,  'tis  to  adorn  and  furnifh  them  againft  the  time 
of  need  and  trial,  (or  as  bare  Walls  make  giddy  Houfmves,  fooperi 
fields  without  fhelter  makes  but  lean  and  thriftlefs  Cattel,  that  look 
as  a  man,  that  would  be  refolute,  does  in  Tacitus  his  words,  centra 
puderemfe  munire,  and  as  brave  Commanders  doc  fecure  their  char- 
ges by  Watches  and  Guards  obftructive  to  the  treacherous  enemy  ; 
and  as  innocence  endeavours  Muniri  &  ornari  bonorum  omnium  prt- 
fidio,  as  (a)  TnUj'%  Words  are,  and  as  bodies  alive  are  (b)  Munita  contra  avium  merfum, 
whofe  Carcaflcs  when  they  are  dead  they  worry  and  fnap  at,  fo  are  Cattel  great  and 
fmall,  by  (hades  from  winde  and  heat  preferved,  and  this  fhelter  is  termed  Muni' 
mentum.         . 


InSlrununt*  fua.  Monachit  nnllatenut  o- 
jfendcre  vtltterunt,  ti  tji,  ait  Glotfatvr,  Jcri~ 
fta  fie*  authentica  chart*  donaturmm. 
*3-  evidenua  Muniment*  voeantur. 
Glofs.  in  M.  Pans.  <»  vertt  Minim.  &■ 
in  Hid.  /.III. 


h  vita  ^Agricota. 

Prafidiii,  cuiltdiu .vigiliifqut  celtmam  nrn 

nirt.  Cic.  I .  In  Catil.  J . 


Valla  in  Rau- 
denf. 

LH.  j.io*. 

3  ^rgtnaut. 
Lit  t.    "Belli  Fu- 
me*. 

A  m?a«  »»* 

1am  levitateot. 
Scalig../i».  1. 
Poetic,  c.  21. 
Troccltavii  ven- 
Urnm  cam  pluvia 
ab  en  quod  tmma 
fmcellat.  Servius. 


A  Procellu"]  This  is  vehementior  venti  impetus  fed  mn  durans,  mod  an  end  in  the 
Sea  rather  then  on  Land,  a  cold  blaft  we  call  it,  becaufe  it  carries  all  down  before 
it,  and  {hatters  all  that  is  near  it  •,  a  Tempeft,  which,  becaufe  of  the  terrour  and  havock 
it  makes,  is  by  Silius  called  immanis,  by  Seneca,  infana,  triftis,  by  Catullus,  turbida, 
whence  not  onely  the  violation  ©f  peace  by  infurredion  is  termed  ProceRa,  but  all 
things  of  terrour  exprefled  by  it ,  tiAltjuor  procellofum  in  Valerius,  and  Venti  pro- 
ceUoft'm  Livj,  yea  Nati  procelioji  in  Ovid,  all  to  (hew  the  unpleafing  nature  of  cold 
and  bleak  Airs  •  which  therefore  are  called  ProceUa,  from  Celes  that  nimble  Courfcr, 
who  flew  like  the  winde,  and  denotes  fuch  a  fharp  blaft,  as  not  onely  makes  the  Beafts 
to  quake,  but  wets  them  to  the  skin  with  the  rain  that  accompanies  it. 

Et  afku  Stlis  3  as  Trees  are  defences  from  cold  windes,  fo  from  fultry  heats  and 
accefilon  ofVermine  which  vex  and %ite  the  Cattel,  for  as  digeftion  is  fortified  by  an 
equal  proportion  of  heat  and  moifture,  fo  the  temperament  of  cold  and  heat  in  wea- 
ther is  contributive  to  the  feeding  of  Cattel }  and  therefore  as  in  hot  Countries  men  in 
the  day  keep  their  Houfes  and  take  their  Strenato's  and  refreshments  by  the  umbra- 
ges they  make  to  fhelter  them  from  the  fury  of  the  heat,  fo  doe  provident  Husbands 

•  prepare 


A  Commentary  upon  Fortescue. 

prepare  for  Cattels  conveniences  to  coo!  them,  by  interpofing  fome  natural  or  arti- 
ficial defences  from  the  Sun,  for  the  heat  of  the  Sun  does  not  onely  pj.rtch  the  Hide 
and  Skin,  but  exhales  the  natural  heat  and  difperits  Cattel,  which  is  the  reafon  that 
our  Text  fpeaks  of  Trees  planted  not  onely  to  defend  Cattel  from  the  cold  ftorms,*  but 
alfo  from  the  Suns  heat. 


V9 


*  Libra  a  terra  unmet  /jHulmr  bovatas  Hi 
eft,  Oxgangs  )  terra  unatsutettu*  bavata 
tredeam  tern  commit ;  &  librata  tnMi 
net  qumginti  dtto  acres.  Glofs.  ad  hi.  Id' 
rif  In  verba  itkrata. 


Jpfaquc  Pcftnra  ut  plurimum  irrigate  funt,   quo  infra  earnm  claufira  reclnfa  ani- 
malia,  enfiedi*  tun- 1 gent  per  diem  nee  per  nottem. 

Thefe  are  the  feeding  grounds,  wherein  the  Milch  Kine  for  Da- 
nes, and  the  Oxen  and  Cattel  that  are  for  the  Shambles,  feed  ■,  and 
as  they  are  called  Pafiura  a  pafcendt,  fo  in  other  books  *  Oxgangs, 
thefe,  as  they  arc  rich  and  from  the  fpring  of  the  ground,  afford 
a  good  gripe-,    foare  they  fitted  with  fpnngs  or  flanding  ponds  of 
water,  which  are  as  neceffary  to  make  Cattel  thrive  as  the  grafs 
they  bite  or  the  hard  meat  they  chew  ;    for  as  meat  goes  down  with  men  like  chopt 
hay  ( as  we  fay  )  when  they  have  not  drink  to  it,fo  is  it  with  cattel  thriftlefs  dyet,  where 
the  throat  of  them  is  not  cooled,  and  the  paffagecleanfedby  water  ^   this  Element,  of 
all,  i?  that  which  cattel  rejoyce  in,   and  the  relidence  of  them  is  by  the  waters  ■,  God 
when  he  planted  Eden,  made  it  Rivery,  it  had  limpid  ftreams  iffuing  from  it  in  abun- 
dance- and  the  Patriarchs,  when  they  feated  them felves  for  Accommodation  of  their 
cattel,  refpefted  waters  as  the  great  convenience  of  their  imployment;   in  Gen.  26. 
we  read  of  the  waters  of  Gcrcr,  and  the  Herdfmen  contending  with 
Jacob's  Herdfmen  ■,   in  Exod.  2.  16, 17.  of  Jethro's  Daughters,  and 
the  fervants  that  watered  their  Father's  cattel,  and  where-ever  in 
Scripture  pafture  is  mentioned,  water  is  fpoken  off,  or  at  leafl  pie- 
fumed  near  .-  and  the  Text  here  calls  this  accommodation  of  water, 
Irrigatio,  irngtttt  funt  Failure,  where  irregare  is  as  much  as  ad- 
de\ttare,  cjnafi  aqias  in  agrnm  ant  hortum  per  rigatitnem  deducere, 
thus  Tiillj  (a)  ufes  the  word  waters  in  plenty,   as  Nilns  overflows 
Egypt;  Authours  ufe  this  word  to  fignifie  number,  ihns  FUntus 
fayesofone,  he  was  homoirrigAtnsplagis,  and  (b)  Flinj  expreffing 
cruelry,  [anguine  irrigari,  and  Seneca, gena  irrigantur  ajfidno  rore  ; 
and  irrigua  aquarum  are  thofe  lanshes  bj  which  waters  are  let  into 
Grounds  to  overflow  and  fertilize  them,  fo  that  thefe  being  in  grounds, 
"  anfwer  the  requirics  of  cattel,  both  to  cool  them  within,  and  make 
their  food  go  down  cleaverly  with  them,  yet  it  faves  them  the  labour  to  be  driven  to 
water,  which  waftes  the  body  of  cattel,  and  often  chafes  them;  beGdes  by  reafon  of 
this  the  charge  of  looking  after  them  i9leffened,  for,  they  being  able  to  water  them-  «,|Z«»  'pTjimt 
felves  when  they  have  a  minde  to  it,  a  little  looking  to  them  once  a  day  is  all  they  re-  4.vu*s"i<[»*» 
quire;  yea  by  reafon  of  both  the  ditch,  hedg,  and  water,  they  need  no  watch,  or  at  ,,'t, 
leaft  !e(fe  then  without  them  they  would. 


^4gri  aefKamm  irrigation!  ant  plnvia  ea. 
rentes,  nmllas  frstttm  mltmbus  prajiant. 
Lucas,  De  Pcnna,  c.  De  fnndis  rti  pri' 
vata,  tit .  11. 

£*  arris  irrigatis  lis  in  anne  fraltus  pra. 
tipumua.  Pa^inianus  *pud  CalTau.  Ca- 
ta'.  Glofs  M.  P.  H9. 

(a)  Cic.  t.  De  Nar.  Deoiutn. 
I'lautus  Epd.  3.  is. 

(b)  L>>>.  1.  -••  6. 

ln'usna  artutrrm.  he  a  per  qua  aqua  rives 
frUncit  ad  trngand»m.  Plintus  lib.  6.  c. 
It.  &  lib  i.e.  +. 


Signum  aniens  ht- 


•19. 


Nam  ibi  ninfunt  Lapi  ]  The  Wolf  is  a  terrible  creature,  heretofore  frequent  in  En- 
gland, or  rather  in  Wales,  where  Edgar,  a  Prince  of  happy  power,  is  faid  to  lay  on  the  voweii's  r>,fcn 
Welch  achargeof  300.  Wolf-skins  ayear,  in  token  of  Tribute  and  Dependance ;  tothe  f''"  °f  Ensland- 
performance  of  which,  he  gave  liberty  to  the  Welch  to  chafe  them  into  any  part  of  En-  e'"s' 
gland.  They  ate  a  kind  of  wild  dog,  favage  and  crafty  ,enemies  to  fheep  and  all  creatures 
of  manfuetude  •,  in  relation  to  which  ferity  of  nature,they  have  the  Characters  of acrest 
avidi,  afperes,  cruenti,  and  by  reafon  of  thefe,  the  flocks  of  England  and  they,  were 
never  Cater -co fins,  is  we  fay  ;  but  the  love  of  the  Nation  to  the  ftieep  preponderating, 
the  Wolf  went  to  the  pot,  which  is  the  reafon  that  Wolves  are  deflroyed.    Thefavage-  lnUqH„tueiltl 
nefs  therefore  of  this  creature,  as  it  caufed  the  evacing  of  them  here,  fo  did  it  make  Adag.  • 
them  rbhorred every  where  -,  the  Adage  infinuated  enough  of  the 
fatality  of  the  nature  of  this  beaft  where  a  Victor,  Before  a  Pricipice, 
hhinde  wAves :  and  therefore,  though  our  flocks  in  England  have 
cot  shepherds  fo  fierce  as  thofe  of  Agla,  who  will  with  their  Crook 
and  Sling  pcrfue  a  Lion  and  make  him  leave  his  prey,  which  gave 


Aw»/.     Chil.  3.  Cent. 
94. 


Im'iSnv 
s}.Jd. 


rife 


38< 


A  Commentary  upon  FortescUe. 


Si  In  nem  vel  tgnum  furtMnr  etffrehenfi 
taenia  vel  Ufidt  fuptnlihui  Uonlliui  livu- 
•rtm  incutidt.  Aiir^vindus^  M.  4-  *  ?»*• 
drnp.  diptQiifU.f.  t.  J. 

C^)  Cent.  «.  Chil.  i.  Adag.  ji. 


J\n  in  Anglia  yiAnqmn  m  Eunfd  in 
f  .'«j«  ftptrinuUi.  Olyfi.  Aldrov.  /<i.  I.  p. 
121.  QJudrup,  Onp. 

Linfcaotten  <tr/oi>«..lndias.f.  7*. 


NwV   y^x^l'  «•«>«  ««yil  «««{ 
juSc,  ?'im>j«'  In  Per  fid. 


IV- 


Hu  untts  viri  virtutei,  injntti*  viti*  s- 
a»*h*nt,  inhuman*  crudelitM.  ferfldi*  ft»f- 
(jutK  fmict,  nihil  veri.  mhil  fiu&i.  imllmi 
dei  putm.  mlmi  j»!jurmi*mr»ll*rttiiH, 
li»iu$W.  1.  d'  Hanaibale. 


SitrgeM   ic  mile 
Uutn.  Virgin 


In  Pluto. 

Budacus  lib. 
de  J  ft »., 
Et  ejus  fdr- 
tibns  lib.a.. 
P  175- 


In  f  i/£neid. 


rife  to  the  Adage,  which  is  called  a  man  of  feare  and  faint- hearted- 
ne&i  Timidiar  Leon*  Agla  ,  yet  our  fheep  are  fecure  from  this , 
that  with  us  there  are  no  Wolves  •,  And  he  that  feeks  Wolves  here 
muft  (4)  aJ*«  t1«£jj  (nlw,  make  account  to  feek  what  he  fhall  never 
finde:  for  fofafe  are  our  flocks,  that  unlefs  they  ftraggle  ,  orate 
for  corporall  food,  or  to  make  money  of,  ftollen,  they  will  be  forth, 
coming] 

Vrfi  nee  leones^}  As  no  Wolves,  fo  no  Beares  nor  Lions  •  thofe  beafls  are  in  the  ex- 
treme parts  of  the  World :  Beares  in  the  Northern  climates,  Lions 
in  Afia  and  Africk.;  fome  have  faid  we  have  had,  though  no  Lions , 
yet  Beares  breeding  in  England  -t  but  Gefner  denies  it :  though  in 
the  Northern  parts  of  Europe  he  allow  /owe  to  have  been,  yet  not  in 
England.  But  we  have  had  Wolpts  in  Sheep  cltath'.ng  ,  Beares  and 
Lions  .in  Mens  fhapes  ■,  we  have  had  a  Generation  in  it,  who,  like 
the  Cafares  of  Mofambiclt^  fyled  their  teeth,  as  fharp  as  needles , 
to  bite  afunder  the  Gordian  Knot  of  Government ,  fo  that  of  late 
that  of  ts£fihjlus  is  true  of  England,  Here  was  4  fountain  of  at 
evill  opened:  and  though  our  flocks  in  the  field  have  been'fafe 
from  wilde  beads,  yet  not  the  Hocks  in  the  Church  from  Scifm  and 
Herefie ;  nor  the  Flocks  of  humble  and  innocent  Subjects  from  vio- 
lence, oppreffion,  and  what  not,  that  was  clamourous  to  God  for 
Vengeance,  and  to  Men  for  patienc-  and  prayers.-  No  Age  of  England  ever  knew 
fuch  truculent  fpirits  in  manhood  as  there  have  been  lately  amongft  us,  whom  God  de- 
liver all  peaceable  fubjefts  from  :  but  I  return  to  the  Text. 

Quart  de  noBt  tves  etrum  ineufiodita  in  campis  recumbunt  in  caulis  ($■  ovidibus.~] 

'  The  Law  watches  the  Sheep  from  the  Stealer,  whofe  aft  is  Felony  and  Death ;  the 
terrour  of  which,if  it  keep  the  Thief  off,  the  flock  feeds  quiet.  For,  though  rhe  night  be 
the  feafon  o(prey,becaufe  thej  that  are  v>leked,ari  Wicked  in  the  night;  yet  the  night  is  fe- 
cure even  to  the  fheep  in  England .-  The  fhecp  of  all  creatures  is  a  harmelefs  creature , 
that  for  a  beaft,which  the  Dove  is  for  a  bird \  And  it  has  no  forecaft  for  ic  felf,  which  A- 
rifiophants  notes,  in  that  he  calls  the  life  of  a  fimple  negligent  perfon  n&HnTit&iov  :  yet 
the  fheep  is  ^iJirifwaxor,  a  Golden  Fleece,  a  rich  and  profitable  creature,  his  flefh  good 
fordyet,  hiswooll  for  cloathing,  his  fat  for  tallow,  his  horns  and  hoofs  for  foyle  •,  and 
this  beaft  has  this  quality,  that  he  will  wander  and  ftraggle,  if  he  be  not  kept ;  and 
though  he  have  no  force  to  repell  dangcr,yet  has  no  forcfignt  to  avoid  it. Therefore  the 
ufe  is,  to  keep  the  fheep  in  the  fields,  In  caulis  &  ovilibus  •,  That  is,  in  fuch  pens  and 
prifons,  that  they  fhall  not  ftraggle  in  the  night,and  be  taken  up  as  nigh-ramblers  are. 

CauU."}  IS  a  repofitory  for  fheep,  where  they  were  kept  fafe  from  injury,  a  kinde 
of  denn,  or  under-ground  lodge,  wherein  (before  the  finding  out  the  ufe  of  building 
above-ground  )  they  lodged  thera.  Servius  terms  them  Munimenta  &  ftpta  ovium  ■, 
and  generally  any  refuge  of  fecurity  to  fheep  is  called  Caula. 


"Brechtm  *d  It- 
gem  i  jj  dcverl 
fignifitalitni. 


Ovilt."]  Is  the  fame  under  another  name ,  properly  this  was  a  place  in  the  Campus 

Martiust  figured  like  the  penns  of  fheep,  open  latteffes,  in  which  the  Romans  ftood , 

Liviuf  dee.  i.  in-   an(j  thorough  which  gave  their  fuffrages  ;  Citatis  Centuria  Senioribus  datum  fecreto  in 

ovili  cum  his  colloquendi  tempus.  Twas  concerning  choice  of  a  Confull  to  make  Head 

agamfc  Hanniball.  Ordinarily  the  Ovile  is  Stabulum  ubi  Ovesftabulantur. 

guibus  Impinguantur  Terra  eorunt.  ~]  The  folds  and  pens  are  not  onely  the  fecurity 
of  the  fheep  from  ftray,  but  the  fertility  of  the  ground,  which  their  dung  adds  to,  and 
invigorates .-  For  as  the  fheep- walks  are  moft  in  thofe  Countreys  that  are  Champaign 
and  arid,  fo  are  the  grounds  helped  againft  their  naturall  fterility,  by  thofe  foldings  of 
fheep,  the  foyle  of  which  is  not  only  very  fucculent  and  productive  of  Corn  and  Grafs, 
but  avoids  great  charge,  which  otherwayes  thofe  remote  grounds  and  barren  would 

occafion; 


A Cdnlmcntary  upon  Fortes  cue.  38* 

oceafion.  So  good  and  wife  is  God  in  the  work  of  Nature  and  providence,  that  he 
has  appointed  every  thing  its  ftation,  and  given  a  compenfation  to  every  deleft,  and 
an  alloy  to  every  redundancy.  Deep  and  fat  foyls,  that  need  no  foyling  from  fheep, 
arenoc  proper  for  breed  of  them,  though  for  raifing  the  bodies  of  fheep  they  may 
be;  therefore  the  breed  is  in  hungry  and  lean  grounds,  where  the  Corn- fields  are 
madefyed  by  their  foldings. 

Vnde  homines  Patriae  iffixs  vix  eperis  fttdore gravanihr~\  Thisisonely  to  be  under- 
fiood  candidiy,  that  England  is  no  iron  flinty  SoyI,  lying  under  the  perpendicular 
ofthecurfe,  Brjers  and  Thorns  onely  to  bring  forth  ■,  but  it  is  a  full  and  free  foyl,  on 
which  the  Tiller  lives  as  eafily,  and  from  whence  he  has  as  comfortable  fupport  for 
bimfelf  and  his  family,  as  any  Nation  in  the  world  yields  its  inhabitants  5  and  becaufc 
the  feeding  of  cattel  is  more  advanced  by  prudence  and  care,  then  by  toyl  and  labour, 
our  Text  fayes,  the  Country-  man,  vix  jndore  gravatur,  that  is,  his  flocks  yield  him/ 
profit  when  he  (lands  ftill  and  lyes  down  by  there  as  they  feed  .•  but  this  is  not  the 
condition  onely  of  Country-  men,  their  lives  are  divided  between  the  Plough  and  the 
Flock  ■,  fome  there  are  that  in  fome  places  wholly  ftock  their  grounds  with  flocks,  but 
alas  this  Land  has  not  many  parts  of  it  fo  fitted  to  it,  but  that  even  there  are  many 
Ploughs  jogging  alfo.  It's  true  indeed,  1  believe  England  is  the  richeft  in  flocks  for 
number  arid  gooJnefsofanylflsnd  in  the  world,  and  men  we  have  had,  whom  re- 
ports have  made  incredibly  rich  in  Sheep,  as  that  Anccftor  of  the  Lord  Scehcer,  whom 
fame  (peaks  (  as  is  pretended,  but  with  what  truth  I  affirm  not)  to  be  by  K  ecord  in 
the  Tower  richer  in  cattel  then  fob  •  and  that  L.  Chtjn'j  owner  of  one  of  the  Iflands  in 
Kent,  either  Sheppey  or  Thanet,  who  being  in  France,  %id  laying  a  wager  with  the 
then  King  of  Franc e  of  i  ooooo.  /.  and  when  the  King  asked  whether  he  was  able  to- 
pay  it  if  he  loft  it,  hcreplyed,  That  his  Shceps  taylsinthe  Iflt  Jhonldpaj  fority  and 
reported  they  are  to  have  been  of  that  value.  I  fay,  thefe  and  other  inftanccs  may  be 
produced  of  men  very  rich  in  fheep,  but  that  thence  England  fhould  be  made  onely  a 
Iheep-  walk,  and  the  ground  rendred  ftjch,  as  yields  fruits  and  profits  without  labour,  is 
more  a  noble  Character  of  the  Chancellour's  love  to  his  native  Country,  then  that 
which  can  be  made  ftriftly  good  -t  that  it  is  a  brave  foyle,  and  that  fheep  abound  irfit, 
istrue,  fo  is  the  aflertion,  that  menarc  as  foon  made  rich  by  the  {landing  of  fheep,  as 
by  any  thing ,  but  that  fheep  are  gold  to  all,  and  that  all  parts  of  the  Land  are  proper 
for  fheep,  is  not  inferrable  hence ;  though  trucly  I  think  (  but  ever  with  fubmiflion 
to  better  judgements )  that  breeding  fheep,  and  tending  flocks  is 

not  onely  a  gainfull,  but  a  very  divine  Patriarchal  courfe of  life,     "o  $  -?  mi/fanni    *■*■<:& 
and  thofe  that  follow  it  have  in  a  kinde  opportunity  Spirituviverc :     e<s«<  m  «»  ^  #*«*.<£$,  Philo 
for  befides  that  the  care  of  flocks  is  in  P  kilo's  words  The  Tyrociny  to    in  lib.  De  Jofepho,  p.  5  26 . 
State-Government,  and  that  the  minde  is  exercifcd  more  in  intel- 
lectual afts  then  corporal  ones,   gives  the  opportunity  to  meditate  and  dwell  more 
at  home  then  other  Callings  permit .-  thus  facob  is  faid  To  go  cnt  and  meditate  in  the 
fit/d,  which  probably  was  to  read  and  contemplate  while  his  flocks  fed,  whereas  in  the 
occupation  of  the  Plough,  no  longer  is  there  thrift  then  the  Plough  joggs  •  whereupon 
the  Starute  of  1  R.  3.  c.  1 .  calls  Handcrafts,  ea/ie  Occupations,    and  going  to  plough  and 
art,  laborious  Occupations  -,    for  though  in  fuch  foyles  as  Babylon  and  the  Sybarites  *"££«£<££ 
Country,  there  be  100,200,  x 00  for  one,  as  Pliny  tells  us ;   or  truer  30, 60,  and  «*.«,/»*.  i^m, 
fome  rco  fold,  which  our  Lord  alluded  to  in  that  13  Mattbf.8.  yet  in  moil  Coun- 
tries there  being  tougher  foyles  and  left  inereafes,  the  toils  of  Husbandmen  are  great, 
and  their  wayes  and  manner  of  life  fc*anc,  narrow,  and  full  of  hardfhip,  which  make* 
the  poorer  fort  of  people,  born  and  bred  to  raifcry,  take  to  that,  as  the  calling  which 
is  moft  fiii table  to  their  mean  birch,  breeding,  'and  fpirits,  for  by  hard  labour,  con- 
ftant  togg,  and  inceffanc  vigilance,   they  do  hri  hk??  pogi\ey{irt 

rifle  the  monuments  of  natures  riches,  for  the  gain  that  arifes  by  the     Chil.  1 .  Cent  §■  A  dag'.  1 1. 
crop  on  her,    which  when  they  attain,   they  have  what  they  ex-    'r,/.r<(  3  %%>■$'  ^z*  7ti<  £.~ 
peft  in  compenfation  of  their  diligence  and  charge,  when  as  in  the    i<£'u*m,  burypid.  in  Hecuba', 
paftoral  life  there  is  not  that  pnin  and  trouble  required.     Whereas    Ad.ig.  78.  Chil.  1 .  Cent.  8. 
then  the  fathers  of  old,  and  our  fore-fathers  arc  faid  by  our  Text, 
Spirit r.  magis  vivcrt ,  and  greges  malic  fafcere  esnam  animi  quietem  agriculture  foli. 

O  0  6  citudin'e 


a- 


$8z 


1  InfVt.C.lS- 


Ftftrti  tttttm  exfdit  htbtn  difcmti  fr 
vipl"  &  t*"'l""  »'  »vi  ftr  ir*i  fiuu  ttr- 
qtutxtttr.  Sid  »t  pdcifici  »  IstitU  fun 
itftfetot   ftfturu.  Fleta  lib.  *.  c.  79. 


A  Ccmmentary. upon  Fortes  cub. 

cltuiint  t  Mr  bare  •  our  Chanccllour  is  to  be  underftood,  that  England  wu  ever  very 
rich  in  fheep,  by  reafon  of  which,  our  Cloathing  is  the  worthicft  and  richeft  commodi- 
ty of  this  Kingdom  ;  And  divide  our  Native  Commodities  exported  into  ten  parts,  and 
that  (faith  Sir  Edward  Cook)  which  tomes  from  thejheefs  back,  is  nine  parts,  in  value  of 
the  ten,  and  fetteth great  numbers  of  people  on  work,  j  which  consider- 
ed, as  Pelts  and  Rots  of  fheep  are  a  great  chafhfement  of  God,  fo 
are  all  things  that  depreciate  the  wools  and  cloathing  of  our  Nation 
to  be  cautioned  againft .-  byn  £.3.2.  none  were  toweare  any 
cloath  but  fuch  as  is  made  in  England :  and  c.  3 .  r.o  C  loaths  made 
beyond  the  feas  were  to  be  brought  into  the  Kings  dominions  ;  but  this  being  thought 
hard,  was  by  24  H.  8.  c.  1 3.  in  part  repealed,  and  by  1  f  actb.  25.  in  generall  words; 
by  the  3 1  E.  3.  t.  8.  the  weight,  goodnefs,  and  falc-place  of  wools  is  appointed,  con- 
firmed by  1 3  Si.  2.  f.  9.  8H.6-f.22.  3  £.4.  *.i.  »3  H.S.f.  17.  13  Eli*..  15.  yea, 
and  when  the  Florentines  and  other  Natives  came  into  England,  and  made  clothes  of 
Ray,  there  was  by  the  ^E.  i.e.  14.  the  Meafure  and  Affixes  of  them  fet  down,  which 
was  repealed  by  5  &  6  E.  6.  c.6.  but  yet  the  more  precife  goodnefs  of  later  and  more 
ufuall  cloathing  fpefified  ■,  and  by  4  E.  4.  ( .  1 .  the  length  and  breadth  of  cloths  made 
to  be  fold,  is  limited  -,  and  no  cloaths  wrought  beyond  the  fea  are  to  be  brought  into 
this  Land  .•  And  fince  Henry  the  eighths  time,  when  the  new  Drapery  was  brought  in, 
more  Acts  have  been  made  for  wooll  and  cloathing  then  ever  before.  From  all  which 
I  colled  the  great  concernment  of  the  fheep,  and  proceed  of  them  to  this  Nation  , 
which  isthecaufe,  that  the  Chanccllour  fuppofes  men  that  have  fo  much  lei fure,  as 
the  fheep- Matters  of  England  have,  whom  their  flocks  make  rich,  without  their  con- 
stant corporall  labour  ,  mire  probable  to  abound  inexercifes  of  their  mindes  and 
understandings,  then  other  people,  that  are  more  harrafled,  and  fo  are  lefs  matters  of 
reafon :  thereupon  he  fayes,  as  it  follows, 

Ex  tjuibus  homines  regionis  illius  magis  redduntur  diffofiti  ad  difctrnendum  in  cau- 
fis  qua  magnifunt  examinis,  quam  funt  viri  qui  telluris  opcribus  inhabit  Antes  ,ex 
ruris  familiarttate  mentis  eontrahunt  ruditatem. 


Caflan.Catal.Cl. 
Mundi,  f  473- 


This  illation  fcemstohave  fome  weight  in  it ,  for  though  the  temperature  of  the 
aire  do  contribute  much  to  mens  complexions  and  conftitutions,  and  thence  to  their 
virtues  and  vices ^  by  reafon  of  which  the  Greeks  are  termed  light  -t  the  Africans  iu- 
conftantj  the  Germans  ftrong  and  valiant  ■,  the  Italians  grave-  the  Spaniards  proud  -y 
the  French  fiery,  and  fo  onward.  Though,  I  fay,  the  milde  climates  producing,  by  mo- 
derate influences,  temperate  and  wife  mindes  in  men ,  may,  in  a  good  fenfe  be  accoun- 
ted the  externall  caufe  of  mens  fitnefs  here  with  us  in  this  moderate  Zone  for  Judicial 
affaires  •,  yet  can  it  not  be  denied  but  that  Education  and  ingenuity  of  calling,  where- 
in men  have  leifure,  and  helps  to  polifh  their  mindes,  is  a  very  notable  furtherance  to 
intellectual!  plenitude  :  And  hereupon  this  land  having  fo.much  of  advantage  reflect- 
ing on  the  Inhabitants  of  it,  from  its  plenty,  and  the  cafe  of  many 
t.  U4.  Edit,  syibur.  gainfull  callings  in  it,  may  well  be  called  ^^ai  yn<n>r,  as  Herodotus 
words  are  ,  a  mofl  bleffed  lfland  ■,  the  men  whereof,  as  of  a  Coun- 
trey  blefTed  by  God,  are  not  dull  Greeks,  rude  Arabs,  riotous  Muf- 
covites,  fiery  Goths,  barbarous  Vandalls,  gluttonous  Dunes,  no  nor 
light  airy  Braves,  but  fober,  ftanch,  refolute,  apprchenfive  men  -  fit 
for  the  field,  for  the  Court,  in  peace  and  war,  jeft  and  earneft,  feri- 
ous  and  trite  things :  and  by  reafon  of  this  advantage  of  their  Mo- 
ther-aire,  and  the  attendants  on  it,  they  are  in  our  Chancellours  fenfe  Native  States- 
men and  Jufticers ,  having  a  kinde  of  conditutionall  judicioufnefs  in  them ,  refulting 
from  the  liberty  of  their  Lawes ,  and  the  enfranchisement  and  heroifing  of  their  fpirita 
thereby  i  And  that  not  only  in  that  fingle  aft  of  felfe-prefervation  (which  men  of  Ana- 
xarchus  his  temper,  who  was  Pkilofophorum  omnium  adulator um  abjiUifftmus,  thrive  by, 
when  fuch  as  C4/>/?fofiM  .though  they  have  ten  thoufand  times  the  merits  of  thofe  flatter- 
ers, ar«  ruined  by  plain- dealing)  notonly,  I  fay,  are  Enghfh  men  wife  in  that  of  pro- 
moting their  own  particular  interefts,  but  in  rebus  magni  exanitris  -,  fuch  as  are  triall 
of  life  and  eftate,  actions  of  proraife  and  contract,  projects  of  combination  and  forge-. 

«7  i 


Oljmpiid  Sxttrfl. 


Country  from  Cantrad*  the  lt*lt*n  word} 
To  Emperour  Fredmtk,  in  his  Epiftle  to 
our  H.  I.  M.  ttrif.f.%%-1.  Contrtdam* 
dtfctndtt  indt  ttf<p,t  td  Joppert .  id  eft  Ttw» 
M  Gltfi. 


Earn  ferttentiam 
fie  ad  ungnem  fir- 
vant  imjm  tempo- 
rts  homtnt  at  ho- 
minis  vocabuU  vl- 
deatttr  indtgnttt 
qui  net  qtea  rAth- 
ne/kii  cnjitltt* 
eommodit   novtrit, 
Krafm.  ad  Adag. 
ai.Crul.l.  Cent. 
t. 


A  Commentary  u[>on  Fortes  cue,  385 

ry  j  the  cryptick  and  hellifll  fcrcrecies of  Treafon,  Rebellion,  Munher  .-  Thefc,  though 
buried  as  ic  were  under  ground,  doth  the  fagrcity  of  an  EngHfb  Jury  follow,  and  pur- 
fue  to  their  fubterraneous.  caves ,  and  un-htter  thofe  kennellsoi  villany  ard  mines  of 
poyfon  and  rancour  th.it  are  brewing  in  them :  and  this  they  do,  by  an  ingenuity  ard 
natural!  endowment,  which  the  Text  termesin  them,  magis  apti  &  difpfifiti  •,  which, 
though  I  do  not  believe,  in  the  Aftrologers  fenfe,  i*  by  pure  influence  of  the  Stars  and 
energy  of  conception,  yet  I  may  think  ariksfrom  fome  benignity  andlargefsof  God, 
according  to  the  receptivity  of  the  foul,  and  the  concurrents  of  other  appointments, 
which,  1  think,  is  the  fenf«  of  thofe  that  hold  imam  animam  in  naturalibus  (Jfe  alia  ex- 
sedentiorem  &  ferfi&iorem  •  though  pet  haps  it  do  thwart  the  opinion  of  St.  Tkmas 
Hales,  and  others,  who  determine  animas  effe  aauales.  For,  fince  we 
fee  there  is  in  the  fouls  of  men  degrees  of  ingenj,  whence  it  fhou Id     Clfs-  CA'*[  G'- Mundi  •  t-  4?s. 

t  c  1  c         j  -    1  -     i_  i      -     J  —  lAmma  tecur.dum  ordinem  natura  nan  per* 

come  but  from  a  prelation  of  endowment,  1  am  not  able  to  deter-    %,„  JhmMHin^  ^  Thom.  PirM  'qil. 

mine  ,  nor  do  1  determine  any  thing,  but  leave  it  fub  judice,  only     «*•  arr.  4. 

in  that  oar  Text  fayes,  Maris  afti  &  difpof,ti,  it  aflerts  a  priority  in     ****  1"""  "u'"' cJi  'T°  f,u"!  e" 

r  ,  J     .'S        '-      J,  J'.'        r        /-fiii  temias  eperatioim  A-  ortan*  titbit,  pan ,  I. 

iome  to  others,  and  tins  con'iiis  much  111  a  ntnelsor  the  body  to    qu. 30.  art  z. 
the  foul  •,  For,  as  a  Gun  unevenly  boarcd  ,  and  not  cleverly  mount- 
ed ,  will  ftioot  at  random,  though  it  have  the  beft  powder  and  marks-man  imaginable  ; 
prick  out  the  rarelt  notes  to  a  Songfter,  yet  if  his  voice  be  naught,  the Mufick  will  not 
be  delightful!  •,  lead  men  never  fo  puiflantly,  yet  if  the  men  lead  go  not  follow  on,  no 
batrell  is  well  fought ,  or  day  bravely  got ;  fo  let  the  foul  be  never 

fo  divine  and  wife,  yet  if  the  body  mated  to  it  be  dull  and  ftupid ,     jiiuma  »•■  imfO-ty  i  /».  arftn  «  eft 
the  incorrelpor.dency  will  deftroy  all  the  precellency  that  is  not    *"*«*.■*'* 'Mm  w«.,  *'..r»<i «- 

-  ,   ,  «      ,  /  _    /  .  •    ,  .    ,     .      J.        ,  .  fxtnam  av.imt.  S.  rhom.   Pair.  I.  quclt. 

anfwered  by  the  other  part  of  the  quire,  which  is  the  harmony     7S.  ut  3 

of  body  and  foul. So  that  by  apti  and  dtfp'ftti  the  Chancellour  intends 

the  fitnefe  and  towardlinefs  of  men  to  great  imp'oymeuts,  Apt  us  eft     Ex  °""")""  i""""  verbil  hK>'"  v"bi  vim 

,...._  „  //- •   i_  -_    „  ,         j   ...       . , '     .      J         vtl  mawtne  putavt.   Ctc.  a.  de  darts  0- 

tjui  convententer  ni.cm  ret  junclus  tjt  (laitti  Tullj)  and  Virgil,  Axem  r«,,ni. 

fieUis  ardentibus  upturn  :  Criticks  account  this  verbal  very  large  in 

its  fignification  ,c omprehendere  vinculo  they  called  apere  ,  and  Muret,  1.  J   .  '      d  ^  „„  vidcti  „„ 

in  giving  the  defc.iption  of  its  contrary  ineptus  lets  aptus  amply  ^«  /.?«,r»r  ««//i  oj»<m«,  "->  "mm 

forth  j   He  thjt  fees  n:t  what  the  prefent  time  reauirei  to  be  done,  or  ?",i"'  """  *  "'  d>z»"*'"  vd  l""'"°di 

)       .!        ■      ■  ■  ■       r      ■  I  ■  I  /  ft  rutianlm  mn    h.ilet.   ant  dtmtpte  in  aliqtu 

he  that  is  impertinent  m  Jajtng  or  doing  vnrnt  were  better  unfpvken  or     in„,  _  M,  ,Bf,mren«,,  ant  ™»itm  eft,  « 
undone,  forfeiting  hit  credit  with  thofe  judicious  perfns,  who  are  wir-      ineptm  d-eimr ,  Advert,  lib.rs.  c. ». 
ne(fes  of  what  he  fajes  and  dzes,  he  is  ineptus,  a  fond  man  :  There. 
fore  in  all  good  Whouis  the  word  aptus  being  the  avoidance  of  the  prem'entioned  ex- 
treamc  *  isufed  to  figniricantly  exprefs  any  thing  •,  fo  (a)  Tullj  applies  it  to  Catt,  of  , ^cic.,n  c«\\o, 
whom  he  writes,  Nulla  aptior  perftna  tjua  de  ilia  atatc  lcqueret;;r  ■  that  ii,  accommeda-    i  offic  deopt. 
tior  &  cenvenicntior  :  None  more  proper  for  that  work  then  he  that  was  fo  crave  a   G™1"J)T">'\\ 
man.  So  Aptacempoftiomembrtrum,  apta  &  coherent ta,  apta  verba  ad  Latinorum  con-    nm. 
fnetudinem  ,  sfpu  ad  flabilitatem  cemmifinrt  &  adaUus  fniendos  acctmmodatt;  fo    *■*.*.  *.n. 
Apt ns  efe  &  decere  ;  fo  Ctlfus  has  Aptus  curat ioni  etger  ;   and  Pliny ,  His  aptus  alicui      ' '  Z'"'  7" 
ret ;  and  Qjntilian,  Anirr.i  apti  •  yea  ,  all  Authors  eaua  apt  a  ,  color  aptus  ,  tempus 
aptstm,  verbal  apt  a  joco,  umbra  apt  a  j>aftoribtts,apta  arma  ,  and  therefore  tis  well  here 
matched  with  difpefiti :~]  As  in  other  Authors,  Apt  am  &  rations  difpofitum }  and  difpo- 
fiti  in  turmas-.  So  Livj  terms  wife  Counfels  Difprfta  inomnem  fortr>nam  cenfi/ia:    nt.Tt.ti.ti. 
and   Plinj  calls  Sabinus,  liberalis  vir ,  fubtilis ,  difpoptus  ,  acer  ,  difertus.     By  all 
which- the  Giiancellour  a-plying  apti  to  his  Country-men, -makes 

them  not  men  whofc  heads  are  in  their"  heels,  and  when  they    'O  »«ft  jS  >'/jSv  »» mf  tv  w« 
are  driven  to Graits  ,  cry  out  brmoaningly  ,  r.s  he  in  Ariftop hanes     iietjftwir.    Adag.  18.    Cent.  2. 
did,  that  h.s  mindc  was  (hue  up  within  Iris  skin,  and  could  not    Chil.  2. 
appear  to  do  him  credit  without  rhe  memento  of  a  la(h  :  no  fuch  dull 

fignresof  manhood  as  deferve  the  taunt  Planus  gives  the  .ervants     Kt£?2lSSE^S| 
ofhistime,  Dradbeafts  chaflife  livingmen;  ro  fuch  inelevantiores     * fitntt e-riu htvatUmt .  Eiaffr.  Adaj, 
Lebahrttt,  a>  the  (a)  Adage  has  it,  are  the  Frechorders  of  England;     "•  cUi1,  *'  Cent'  "■ 
God  be  piaifed  they  do  not  labourunder  that  mentif  ruditat  which     (3)  M*z  *%.  cent.t  o>u. .. 
other  common  people  (whofc  fpirits  arc  fupprcfTtd,  and  their  breed, 
ingsmcan,  becaufe  of  ihe  tenuity  of  their  conditions)  are  unhappy  in,  andcontempti- 
bleA)i-j  butasGodhasgivcnusofthisNationapleafantLand,  a  free  Law,  and  a  ple- 

O  0  0   2  nary 


384  A  Commentary  upon  Fortejcui, 

nary  difcovery  of  hisGofpel,  fo  has  he  endowed  the  Nation  with  that  tillage  and 
culture  of  breeding,  which  has  pohfhed  all  the  rudenefs  of  their  roindes  into  a  fmooth 
and  amiable  oricrjey  •,  fo  that  if  we  do  not  fin  againft  our  lighj:,  and  provoke  God  to 
intenebrateus,   there  are  mercies  enough  upon  the  Nation  and  the  people,  to  force 

Deut.at*  t.u.  from  our  Neighbours  the  confefilon,  That  God  hatmade  us  the  head  and  not  the  tayle, 
and  that 'tis  not  onely  better  with  us  then  we  deferve,  but  then  with  any  our  Neigh- 
bours .-  And  I  never  fear  any  Reverter  of  us  to  this,  thai  is  here  called,  rudetas  mentis, 

ifal  *a'°7-  r'l' wc  wilfully  Jbnt  our  eyes  againft  the  light,  and  harden  our  hearts  againft  God's  fear, 

which  if  ever  this  Nation  ftiould  be  guilty  of,  we  may  again,  as  the  Angles,  Pitls,  and 
Britijh  did  before  Chriftianity,  mint  a  ruditate  gravari.  Tis  a  dangerous  thing  to 
give  way  to  reigning  fins,  either  in  a  Nation  or  perfon ■,   in  the  Hiftory  of  Trance  tnere 

nfrn  ./f«dcc.  P  ^  notabk  ftofy  of  FretUgUHd-  tRr.  fair  \y.fe  oichilperick.,  who  funering  her  felf  to  be 
courted  by  Landri  de  la  TeVrre,  at  laft  grew  fo  enamoured  of  him,  that  flie  was  im- 
patient to  be  without  him  •,  Chilpericle^  riding  one  day  a  hunting ,  went  up,  juft  as  he 
was  going,  into  his  wives  Chamber  to  complement  her,  and  finding  her  combing  her 
head  ,  being  behinde  her,  tapped  her  mod  foftly  upon  her  Head  with  his  rod ,  (be 
thinking  Chilpericle^  had  been  gone,  and  it  had  been  Landri,  replyed,  J  good  Knight 
ftionld  alrtayts  (trike  before  and  not  behinde ,  the  King  underftood  the  meaning  and 
went  forrowfull  away  •,  but  fhe,  finding  her  felf  overfhot  in  her  tongue,  plotted 
her  Husbands  death,  which  her  Paramour  and  fhe  brought  to  pafle,  and  a  mifera- 
ble  Woman  fhe  became.  But  this  rudenefs  of  mindc  not  being  the  unhappinefs  here 
meant,  but  aProgreflionofmifery  beyond  it,  I  profecute  no  further,  but  return  to 
the  Text. 

Regio  ctiam  Ma  it a  refperfa,  rtfertdejue  eft  pojfefloribus  terrarum  &  agrerum,  quod 
inea,viSulatam  parva  reperirinenpeterit,  in  qua  non  eft  Miles,  Armiger,  vel 
Pater  fame  lias,  qnalis  ibidem  \nnc\i\r\e  vulgariter  nunenpant. 

By  this  the  Chancellonr  perfifts  in  the  commendatory  defcription  of  England,  as 

from  the  fertility  of  its  foyle,  fo  from  the  plenty  and  fplendour  of  its  inhabitants  • 

for  whereas  amongft  the  Romans  and  Germans  their  Villa  were  onely  Granges  and 

Budius  in  pan-  Sheepcoats,  where  their  Drudges  kept  Cattel,  tended  Vines,  and  fowed  Grain  to  fur- 

**!uaSv*far6'     riilh  the  great  men  that  dwelt  in  Cities  of  concourfe,  pleafure,  andbufinefs;  wnereas 

the  Country  feats  were  mopifh  and  dull,  rude  and  uncompt,  and  men  ufed  them  more 

for  profit  and  neceflity  then  pleafure  and  choice,  in  England  every  corner  is  fo  thwackd 

with  inhabitants,  and  fo  orderly  difpofed,  that  'tis  not  onely  poffible  to  finde  men  of 

office  and  honour  in  every  Ville,  but  impoflible  almoft  to  finde  any  Villi  without  them, 

.    there  isfuch  plenty  of  them  as  if  the  Land  were  fown  with  them,  fo  that  one  would 

think  theycould  not  live  each  by  other  •    and  fo  are  they  verging  each  upon  other, 

that  Corn,  thruft  down  in  a  bufhel,  packs  not  clofer  to  make  the  weight  of  the  bufhel 

more,  then  they  do.    The  Chancellour  looks  upon  England  as  a 

^,r  rofi,f„,  ad  firendd,  f.goe,  trvnm    Land  of  Tiffue,  fo  embroidered  with  Nobility,  Gentry,  "and  Land- 

dmtur,  fi**t*t,u  utum  &  ctnftm  *r-     owners,  that  the  ground  is  by  them  over-laid    and  theluftreofic 

5fc£- .w" /"^r:^     ««*  S   h™ ™«al "P™ ™«*'  a'g"«  the  nchnefs  of  the  bearing, 
»7.  lib.  -Difiimfc.  virhrum.  for  the  mettle  of  the  ground  caufing  mettal  in  the  purle  of  the  Pof- 

ir  Lazms  w.».  c.6.P.xo7i.  fefl-or)  makes  every  VMula  bear  a  Knight  or  Efquire,  or  Matter 

of  fomc  free-hold. 
'•  f»°d«"»"l»'-  So  that  the  name  Villa  being  Roman  ( not  fo  emi  nent  as  the  La w  of  the  twelve  Tables) 
r»m  tmpfunm.  tnc  Roman  lenle  ot  Via*  is  yet  unforgotten ,  though  fomewhat  advanced  by  time  and 
Tm"«V-f4*c  tranfp,antation;  amongft  them  their  Villa  was  *  domus  extra  urbem  aaiftcata  cum  cmni- 
t+yyilUmfiiftr.  bus  *dtficiis,<jutz  nm  pecorafolum  armentaq,  redpere  poffent, fed etiam  omms  generis  artifi- 
uudtjinkuu  far-  cts  &  familiam,to  which  Varro lib. i.De  re Ru jr. and  Pliny  accord.(*)  Varre fayes it  is  fo 
U^m",Zfl!cZ  called  Vil1**  %a.oi  '*  **  convthautnr  (rutins  &  evehantnr  cum  veneunt,  and  hence  comes 
*t,cr'*m  &  tmi  the  word  way^uafi  veha,ihe  paflage  on  which  Carts  go  too  and  fro  :  this  was  called  Pa- 
cZlZf  "kTi  iusi^°  ^om  *'A*f°™,  becaufe  it  was  ufually  in  loco  paladata,  for  tha:  neither  man  nor 
cT"  *'  '  '  '*.  Dea^  chiving  without  water,  ancient  Granges  and  Daries  were  commonly  feated  low, 
Bud*us  infm.  where  the  defences  from  ftorms  arc  molt,  and  fupplies  of  water  and  rich  grounds  beft. ' 
MtgMUBd*.       jj,c  RmAH  Authors  make  three  properties  of  a  Villa  -,    1.  That  it  contain  ?bom 

io 


A  Commentary  upon  Fortescub.  i%$  . 

for  the  Mafter  and  Lord,that's  as  our  Manfion-houfes,or  Halls,  or  Courts,  or  Granges,  »'«''*«  '»  'x- 
or  Bcrrics,or  Places.  Pratoria,[uch  were  Cictro's  Tufculi-.m  and  Academy,  and  Pompey't  v„ifiXifc. 
Firmianum, from  whence  our  term  Farm  perhaps  may  come,or  Budxas  his  Sammauri-  Budms  /».  i.  <fc 
anum,on  thefc  the  Romans  bellowed  great  coft$,/4»»/>//*  <£"  e/vr«/*  Pretoria  gravabatur  y^9'  Ed"' 
AugultUS;  ViHas  videlicet  qnasdam  cltgantius  cfr  fumptuofsus  cxtrufl as,  faith  Suetonius,  /»Augufto.  dp 
and  of  Caligula,  In  extrullionibtts  Pratoriorum  atque  Villarum  omni  pefthxbita  ratione,ni-  i"  c*1,8uU' 
bil  tarn  epcereeoncupijcebat^nam  quod  efjict  pojje  rogaretur,AT\a  Ol  Haartan  us  written,  Hadriano. 
Tiburtixam  villain  mirifi.ee  ex  adificavit.  ita  tit  in  ea,  (f-  Prcvinciarum  &  leeornm  cele- 
berrima  nomina  inferiberet,  Ljcaum,   Academiam,    Prjtanaum,  Cauopttm,    Ptcilem, 
Tempe  voearet,   as  defiring  by  fight  of  their  names,  to  be  put  in  minde  to  contract  the 
fingle  rarities  of  them  all  into  the  Ornament  of  his  Country  Seat,andas  it  were,  Palace 
of  pleafure. 

2.  The  fecond  Appendix  to  a  Roman  Villa  was  Humiliores  at  petius  cafatjuam  do-       .    {u 
mus  in  quibus  pecora  erant,  &  familia  ferviquehabita,  ant  qui  opera,  faciebant  ruftica,  i,iP.  +,,.  & 
to  which  Cic  alludes, -when  writing  to  his  friend,  he  calls  this,  Villula  fordida  &  valde  "u'rk-  knific- 
pufilla,  Of  this  Varro  lib.  2.  c.  9.  Be  re  Rufi.   fo  Herat,  t  Serm.  J&*  ,2' u 

Si  vacuum  tepido  capijfet  Villula  teflo. 

And  from  this  part  of  the  Vi'U  arifes  the  word  Villains,  who  were  Omnts  Villa  adfer't- 
pti&  colcniaricmditioniadditli,  thefe  were  ever  to  be  at  their  charges  and  never  to 
be  off  their  labours,  unlefs  in  their  Lords  fervice,  or  to  tend  his  cattel  or  commands. 

3.  The  third  part  of  their  Village  is  pars  frucluaria,  their  ftore- 

houfes  or  granaries,in  which  they  repofe  and  flow  all  their  fruits  that  £lci"-     1 

from  the  ground  they  gathered,  for  the  Husbandman  or  Swain  was  rom«iu«  f     's*'  " 

but  to  labour  to  fow,  reap,  and  bring  in  or  gather  the  fruits,  when  ui,  7.  jm^«. 

once  that  was  done,  the  Lords  difpofed  of  them,  to  which  Columella 

referrs,    Nee  tamen  inftituendo  villicam  domefticarum  rerun  villico  remittimus curam, 

fed  t  ant  n  m  modi  labor  em  ejus,    adjutric*  data  levamus. 

Thefc  were  the  three  parts  condiment  of  a  Villa,  and  thefe  every  ■    a        ■ 

Villula,  or  Manfion-houfe  in  England  has  ■,  the  Mannor  or  Lords  u^r^Tf^TtZlJ^lmiTlnT^i 

repofe,  theFarm-houfeor  Baylywick,  where  the  Bayly  and  hindes  /«*«•*!*«».  papias  deflator. 

are,  and  the  cattel  both  oxen  and  horfes  with  the  Dary  is  kept,  and  Vadianu,  Jurifc0Ill-uUu5  ,„  0rigin.  Jt. 

the  Barns  and  Granaries  where  the  fruits  lye,  and  out  of  which  they  «r  efe  vuum  c««  pr*du>  Etciifi*  «»- 

are  by  the  Bayliff  delivered  by  tale,  either  to  the  officers  of  the  houfe  n'xam.  *  {"?»'» /«"'■«»  '«*«•*"<  ™d' 

c        \     ■   .     c      a  ..1/-  u  c  Plur*  '"  Glels.  *d.  M.   Pans,    m  vtrbt 

ior  their  refpectiveexpcnces,  or  to  Market  for  exchange  ot  money,     auqi'us. 
wherewith  to  buy  other  ncceffaries  for  the  Lord  and  his  family,  and 
to  defray.the  wages  of  his  menial  fcrvants  and  day-labourers,  together  with  his  fports, 
travels,  and  other  pecuniary  disbmftments .-    yea,  fo  has  time  bettered  thefe  rude  and 
thin- carcaffed  Cottages,  from  what  they  originally  were, 'that  from  being  clamped 
with  clay  and  headed  with  heath,  neither  capable  to  keep  out  winde  or  rain,  they  are 
now  generally  well  built  and  notably  covered  ;  yea,  often  adorned  luxuriantly,  and 
that  to  encourage  the  Tenant  to  pray  for  his  Lord,  and  the  fervant  to  labour  truely 
for  his  bountifull  Maflcr,  under  whom  he  lives  in  comfort  and  plenty.    So  that  our 
Chancellour  in  this  claufe  highly  cxtolls  the  opulency  and  pregnancy  of  England/ 
Treafury,  which  is  not  onely  many  in  Inhabitants',  but  mighty  in  wealth  and  abound- 
ing in  conveniences,  not  onely  of  life,  but  for  State,  diftinftion  and  ornament,  that, 
as  England  is  ihe  P hornix  Nation,  fo  every  ViUula  and  hemm- breadth  of  it  is  fo  di- 
gged, thatitfeems  to  bca  little  Common-  wealth,  aModclofthe  National  Govern- 
rnent.    For  whether  the  Romans  here  placing  their  Colonics  in  the  Rritifb  Towns, 
and  having  their  Villi  in  the  Country,    or  whether  from  a  Native  Britifh  Origen  I 
know  not  -,  no  Villa  (I  mean  no:  in  the  large  fenfe  which  equalls  it  with  Pagus,  vicus, 
urbs,  but  in  a  reftrained  fenfe,  for  a  Neighbour-hood  or  fmall  conjuncture  of  houfes) 
but  has  a  frilem  of  politick  Government  in  it,  the  Civil  Magiflrate,  the  Lord  of  the    ■ 
S*]l,  who  has  from  the  Crown,  or  other  great  Lord  (who from  the  Crown  holds  it) 
Dtmin'um  Soli,  all  Regalities  and  Pcrquifites,  or  fuch  of  them  as  the  King  excepts  not 
to  his  ownufe,   fuch  arc  Jurifdiftion  and  profit  of  Courts  for  trials  of  offences  capital, 
criminal,  or  at  lead  TrefpafTes  and  Actions  within  the  Mannor,  Eftheats  upon  Felonies, 

Or 


i$6  A  Commentary  upon  Fortescue. 

or  other  Accidents,  Cuftody  of  Infants  and  Lnnaticks,  power  of  piffing  Fftatcs  and 
admitting  Tenants,  Reliefs  upon  death,  Hunting,  Hawking,  Fifhing,  and  the  like.- 
The  Church- Magifirate,  the  Parfon,  Vicar,  or  Reftorof  the  Church,  whohas,,/#£ 
Epifceto,  curamanimarnm,  and  lives  de  prcprio,  the  Church- Glebe,  and  the  Tithes 
and  Church. book  profits,  for  which  he  is  by  the  Law  to  refide,  and  to  preach,  infti  uft 
reprove,  and  infpedt  the  people,'  that  They  perijb  not  for  want  of  knowledge  And  faith, 
■  which  comes  bj  hearing  the  word,  which  he  is  conftantly  on  Lordi  dajes,  and  other  dayes 
if  need  be,  to  preach,  and  that  their  knowledge  may  be  fweetned  to  them  in  the  blond 
of  Chrifi,  which  he  is  to  offer  to  fuch  of  them  as  prefent  themfclves  for  knowing  and 
worthy  receivers  at  the  Lords  Table,  and  he  knows  not  notorieuflj  ignorant  and  fcanda- 
lous  in  their  lives. 

The  Officers  both  Civil  and  Ecclefiaftica!  ;  Conflables,  and  Headboroughs  to  keep 
the  peace,  and  to  prevent  frayes  and  unneighbourly  fudes,  and  to  fecu re  offenders  to 
publick  juftice,  and  to  lead  raeri,  if  need  be,  to  defend  themfeives  againft  unlawful! 
Adulters,  and  predatorious  infurreftions  againft  them  ;  and  the  Church- wardens 
and  Side- men  to  fee  the  fabrick  of  the  Church  kept  decently,  and  to  receive  and  pay 
the  incomes  and  expences  of  it,  and  to  anfwer  for  it  in  all  cafes  wherein  it  fhall  come 
in  queftion,  who,  together  with  the  Overfeers  of  the  poor,  take  care  for  perfons  im- 
potent, fick,  poor,  aged,  Orphans,  and  other  objefts  of  charity,  that  God  be  not 
provoked  by  neglect  of  them  to  deny  his  bleffings  to  the  fruits  of  the  ground,  and  re- 
venues of  the  Parifhoners,  nor  the  Religion  and  Polity,  under  which  thofe  poor  fouls 
are  bred  and  live,  be  evil  fpoken  of,  as  inoperative,  dead  and  lifelefs  as  to  works  of 
charity  to  men,  as  well  as  piety  to  God.  Mow  becaufe  this  refemblance  of  the  Na- 
tional Government  in  every  Seigniory  collated  a  dignity  and  ray  of  Grandeur  to  thofe 
Lords  and  Gentlemen,  whom  the  Kings  of  this  Land  (from  whom  all  Lands  and  Ju- 
rifdiftions  originally  moved )  dignified  and  priviledged  by  Chartar,  to  reward  their 
fervice,  or  encourage  their  loyalty  for  the  future  •  therefore  the  Chancellour  docs 
not  content  hlmfelf  to  write,  that  many  fuch  Knights,  Efquires,  and  Freeholders  there 
are,  but  terms  England  in  all  parts,  and  in  every  Villa,  r/Jperfa  rtfertaqHe,  words  that 
fignifie  plenty  which  way  foever  we  look. 

Refperfa  ]  Refpergere  is  as  much  as  circum  circa  fpargere,  thus  Tullyufcs  it,  Quum 
PratorU  nequiffmi  inert iff) 'mi que  oculos  pradonum  remi  rtfpergerent  •,  and  Sanguine  re- 
fcergere  dextram i$\n  Catullus,  and  Mero  refpergere  tergora  is  Columella's  phrafe    fo 
fuveni*  refperfus  cade  fraterna  in  Catullus,  and  Manns  refperfa  f anguine  in  Cicero  i  and  . 
Plinj  notably  tells  us,  that  the  Highs  of  birds  go  in  numbers,  refperfupinnarum,  or  pen- 
narum  hofiem  obcacantcs  ;  and  Referta  ~]  the  other  word,  is  a  word  of  accumulation,no- 
ting  plenty,  fluffed  as  full  as  full  can  be  •  fo  Cicero  to  his  brother  owns  the  receipt  of  his 
Letters,  together  with  Cafars  alfo,    refertis  omni  officio  diligentia  &  fuavitate,  and 
mother  places  he  mates  plenus  and  lecuplts  with  refertut,  which  fees  forth  the  Chan- 
cellours  meaning,  tofhew  that  England  is  a  Land  clofe- packed  with  Inhabitants,  fo 
wedged  together,  that  a  man  would  wonder  how  they  fct  their  horfes  together,  e- 
fpecially  when  they  are  fo  potent  and  rich,  not  onely  as  they  are  Pcfftjfores  terrarum, 
(for  fo  in  a  large  fenfe  Occupiers  or  Farmers  of  Land  are,  during  the  terms  of  which  de- 
mifed  to  them  they  are  paying  their  rents  and  performing  the  annexed  Conditions  pof- 
feffers  of  the  Lands  fo  demifed)  but  as  they  are  Pojfejjeres  propria  jure,  en  fen  proper  droit ■, 
as  onely  thofe  are  whom  he  exprefles  by  thofe  words,  Miles,  Armiger,  Paterfamilias. 
Miles  ]  Of  this  I  have  written  in  the  notes  on  the  2i.  Chapter.  That  which  I 
add  here,is,that  the  Chancellour  meanes  not  this  in  the  large  fenfe,  as  every  fouldier  is 
capable  of  the  tide,  bat  as  only  Honorarily  it  is  underftood,  as  they 
are  Dignities,  bellowed  by  the  Sovereign  on  men  Dildli  &  dells 
as  they  were,  not  onely  the  choice  for  vigour  of  body,  being  Floren- 
tioris  atatit ,  but  as  they  were  men  of  fortune  and  intercft,  who 
were  fit  to  be  Senators  for  Counfell,  as  well  as  Champions  for  con- 
duel:  ;  and  hence  of  old  called  Ritttrs,  that  is,  Servatores  or  Savi- 
ours, eo  quod  virtute  &  fortitudine  fervent  patriam  ;    liy.reafon  of 
which,  what  donaries,  largcffes,  and  privilcdges  thefe  Ec;»ites  or 
Milites  had,  the  Reman  floncs  every  where  tell  us,  efpecislly  learn- 
ed Lipfius ,  whofpares  no  coll  of  time  snd  judgment  to  illuftrate 

their' 


Ck.  7.  vtrr. 

Argon.  $».4«. 

lib. H.  c,  z. 

Tn  R.ofcio    A- 

mctic. 

Ad  Qi£  Fratiem. 

lib.  1. 1«. 

1  Academ. 
i.Vtrr. 


ZleUi Milites  c-r  TrimieerutjHi  primiin- 
eer'u  fcnitbantitr ,  1)ncet  Exeratuum. 
Glofs.  adiM.  Paris,  in  verba  Primicetii. 

SeminariumSenn  ornm  etjttejlrem  effe  lo- 
cum.  Noldenus  DiStun'i^liil.  60.  62. 

Bcfoldus  £>e  ^b.  fr  Cmm.  Imperii, 


Lipfius,  De  Militia  1(cm.  p.  li 


A  Commentary  upon  Fortescue,  $87 

their  Militia  jrA  all  the  parts  and  premium's  of  it :  Thefe  Knights,as  we  call  them^were 

then  very  honourable,the  Curiam  called  them  A  Ia&andi  from  Alabandns  the  fon  of  Cd- 

reus,  who  ebtaincd,on  hoi  fcback.a  famous  viftory  for  them  over  their  enemies  (Ala  in 

their  Tongue  fignitying  a  Battle,and  B>wda  Victory  )  whence  probably  our  term  Band, 

for  a  company  of  warlike  men  j  and  the  Nationall  fianding  Forces  in  \M.  Paris  ^  Civi- 

Hum  con-mumamm  legumes  ,  are  cslkd  Trained  Bands :   and  the  Germans,  in  part  our 

Anccftours,  were  wont  to  call  Antiejux  nobiiitatis  trincifem  prafotentem  Banderum,   uisr9i.  chit. 

which  might  be  Stir  ( though  with  fome  alteration,  as  the  badge  of  time)  to  the  word  cm. ». 

Bannerer,  and  Banneret,  a  degree  of  Knighthood  more  eminent  ihcn  the  Bachelour, 

though  that  being  done  iff*  gladii,  feems  the  more  natively  military,  and  catholickly 

honoured  :  much  here  then  might  be  faid  of  Knights,  as  that  they 

ought  to  have  thofc  fix  qualifications  which  Cafantus  from  Acur/ins     Cai1'-  G!-  Mun.d'«/«  »*»• 

*»    .  it  L  l    l  jl  L  Dirtfl,  lib.  +.  tit.  6.  Miles  pmculi  Com. 

mentions,  that  iheyare  to  be  men  of  fortune  -y  and  that  none  but    p,,j,,  f 

fuch  ought  to  be  in  their  places  to  Parliament,  to  ferve  Coroners ,     ,  g.  j.*.'  1. 1 «. «. «. 7.  *  h.  s.  c  +. 
or  on  A  flixes,  as  Proto-Jury  men.   1  hat  none  were  compellable  to    rr"""  »»•  £  »• 
Knight- hoed  when  the  Law  was  fuch  ,  but  thofc  who  were  Claro    Mal'<  d<  •**&*«  *mvwrft«u  rtp,i  pi 
loco  wt.,  or  Gtntilhtmmti  dc  tfi*tc ,  and  had  70  /.  a  year ;  nor  to    Jcntn„  M  P„u dljHps .$  Brack-|ey, 
Juft  ar  d  perform  Manly  acrior,s,but  fuch  as  either  were  actually  fach,     Temps  11. ».  p  768.  ugt  a«fi.  m  m. 
or  flood  Candidates  vpori  their  Emeriting  fuch  to  be.-  Thefe  who     Ti"s  '"  ve,i'  Eac"Uu'ei- 
by  fervicc,  tenure,  fortune,  cowage,  were  able  and  willing  to  ferve     (a)  1  /«/&*.  p.  595. 
their  King  ar.d'Country  .-  of  thefe  I  could  write  much  ,  but  the  in- 
comparable M.  Silitn  has  prevented  me  herein  ,  and  fo  has  Sir  William  Segar ,  and 
others,  whom  I  refer  the  Reader  to,  asalfotothe  Statute  of  H-  1.*.  11.  which 
Sir  Edward  Cccb^v/vitesoi,  on  the  Statute  1  E.  1.  Dc  Militibns  4    For,  this  honour , 
however  in  times  of  Peace ,  tis  given  to  reward  riches  honeitly  gotten  ,  and  learn- 
ing induftrioufly  acquired  .-  yet,  in  the  native  rife  of  it  is  purely  a  brat  of  the  field,  and 
the  fruit  and'rewardof  hardfhipin,  and  viftory  after  the  encounter  with  an  enemy. 
And  thofe  chains  and  neck-  jewels  which  Knights  and  their  Ladies,  as  an  honour,  deflu- 
ent  on  them  (Vxer  fulget  radiis  mariti)  wear,  as  tokens  of  refpeft,  were  at  ftrit  re- 
munerations of  valour,  and  that  as  it  were  by  direction  of  the  light  of  Nature ;  For 
even  among  the  C*ffares%or  black  People  of  Mofambic^rxoxtim?,  is  accounted  fo  honou-  £^"<j,7,H'fl' 
rable  as  to  kill  enemies  in  battell ,  and  cver^'  man  they  took  and  killed  they  difmembred 
of  bis  Virility  and  after  they  had  dryed  them,  to  prefcrve  them  from  putrefaction ,  then 
ibey  carry  them  to  iheir  King,  and  before  him  fpit  thofe  out  of  their  mouthesat  his 
feet,  who  commands  them  to  be  gathered  up,  and  given  to  them  again,  and  ever  after 
they  are  accounted  as  Knights  •  and  thefe  privities  they  firing,  and  wear  as  Collars  of         # 
SS.  at  puBlick  Feafts,  Marriages,  and  Meetings :  yea  their  wives  wear  them  as  Carca- 
aetsof  Jewells.     Theconfidcration  of  all  which  amounts  to  the  honour  of  our  Chan- 
ctllours  rtafon,  in  alleadging  England  to  be  a  rich  Country,  and  the  Free-holders  of 
it  fit  for  matters,  Magni  examinis,  becaufe  they  are  men  of  blood,  wealth,and  honour, 
and  no  Villt  but  has  fuch  in  it,  the  chiefe  whereof  ire  Mililes. 

Armiger.~]  This  originally  was  a  title  of  fervice,  by  Aandard-bearing  to  Lords,  and 
great  Chciftains,  and  thereupon  in  fome  Books  Armigeri  &■  fervientes  arc  joyned  ■, 
io,  when  the  French  King  underflood  that  our  Henry  the  third  would 

rffault  him  in  Poifttw,  he  prepared  a  great  Army  of  Knights,  nota-  E™  mm"*>  Kil:l-""  d%w"***l**£ 
bly  prepared  ,  and  of  Efquircs  and  Attendants  to  the  number  of  tutj'iTltF""* y*  *  — -  -*^ 
20000.  I  hefe  were  called  i\to  Scutiferi,  and  (a)  figniferi  (fo  Robert  fittAnkm  *c?*iifl*mm  nummn  *dvi- 
!•■  Veer  is  termed  Signifcr  Gditlmi  Longtfpathd)  alfo  Primictrii  fS'jC^i^-*"''  M  Pa'i''/5M' 
an*d  (b)  Batcdtiiferi  -,  yea,  men  of  this  rank  and  title  have  not  only 

Ken  accounted  brothers  in  Arms  to  Princes,  but  taken  to  be  husbands  in  Arms  to  (i\> »•/•*»»• '• 
Qwecns,  and  yet  not  been  difparaged^  fo  was  0*«  dp  Theodore  to  K*th*ri*e,  once  "i.jiit.j.to. 
t    -ten  Dtmger  of  England ,  and  when  (he  was  fo  ,  maintained  an  adion  as  Queen 
of  England :  "fo  our  Law  and  Nationall  civility  accounted  ever  highly  of  thefe,  be- 
caufe   they  were  men  of  great  valour  and  merit,  which  was  not  onely  the  rea-   My  food  l&nd 
f<  n  ihat  Lands  held  in  Serjeantry  have  been  to  finde  two  Efquircs  to  go  in  the  Kings  M- FttM  T';;f_ 
Vant- guard  upon  occafion  of  war  with  the  Wclch^zsz  grave  Authour  informs mc,  Jj^iSwjwJ.' 
but  that  men  in  times  of  trouble  purchafed  thefe ,  their  friends  and  confederates  as  r-  *i« 
leaders,  and  daring  to  defend  thera  by  puiffance  and  force,  fo  I  celled  from  Statute  1  R.  ^s/f-Stat  u'°- 

2.c.j: 


388  A  Commentary  upon  Fortescue. 

i.e. -J.  which  fayes,  Secattfe  that  divers  people  of  fmaB  garrifon  of  Land,  Rent,  or$- 
ther  fttff JJiont,  do  make  great  retinue  of  Piofle,  as  well  Efquircs  as  of  others,  in  many 
parts  of  the  Realm,  So  at  this  day  no  man  is  charged  with  light-  horfe  which  is  a  Gen- 
tleman* fcrvice}  but  fuch  as  arc  in  account  Hquires,  and  arc  fellows  to  thofe  whom  the 
Statutes  of  i  H. 5.  a.  %H.ts>c.-j.  zH.t.c.q.  1  $£/»**,.  c.  19. intends.  And  though 
before  Henry  the  fourths  time  men  were  not  diftinguifhable  but  by  their  For tnfecum 
.  .    fervitium  j  yet  the   1  H.  J.  c.  5.  appointing  additions  to  afcertain  men  otherwifc 

»/»jb"onthe  doubcfull,  Titles  came  in  ufe ,  and  this  of  hfquirc,  before  the  time  of  ourChancel- 
statwe  addition  iours  writing  •,  concerning  the  degrees,  priviledges,  and  other  curiofities  of  them,  the 
'"  "*'  former  authorities  about  Knighthood  referred  to,  are  proper  to  be  in  them  confulted , 

onely  thefc  are  the  numerous  part  of  the  men  of  fortune,  blood,  and  breedinp,  in  the 
Nation ,  and  the  fecond  degree  of  the  minor  Nobility,  comprehending  in  it,  under  the 
notion  of  Gentlemen,  Knights  and  Efquircs. 

Pater familias.~]  This  word  does  not  denote  one ,  a  fervantor  fubfiitute,  Mane- 
rii  BaBivus ,   domus  dtminica  Cuflos,  &  Domrfiicus  Famr.lus  .  it 
M.Pa[if./..isj.  M.  Paris  calls  foxx^e-,  no,  nor  the  Major  Domus  or  Vice-Mailer  -t 

quf,  uvl  pa,,r.  in  vert,  vie,  dmbm,.  "or  yet  a  Farmer  (as  F*'rm<  and  Firmarius ukdin our  old. \mho\ivs> 
M.T*nf.g.s*.ist.  onderftand  them:  and  as  the  Romans  called  their  Colon  and  Paga- 

,        ^  ni,  of  which  (a)  Tully,  (b)  L**,ius,  arid  others  writejbut  Paterfami- 

lias imports  one  (c)  £t<i  fui  juris  eft,  nxllique  addiixus  mancipio,  cal- 
(b)Lii.n.  c.6.  led  the  Father  oi  the  family  •,  No»  quod  familiam  fed  jus  fami/14 

tc)  Brtchxus  *d  14.  *a.  p.  ««•  *'  Wtf,  as  the  Lawyers  fay  :  This  we  in  England  anciently  called  the 
vtrb.fis-fic&mitS.i9€.  tJtod  Man  ;  And  the  old  Dames  in  my  memory  were  wont  to  call 

their  husbands,  my  Good  Man :  later  times  more  gentilized,  difcard 

that  name  from  all  mouthes,  but  thofe  that  are  plebeian ,  and  though  it  be  enunciacive 

of  Franklajnes  •,  that  is,  free- hers,  and  owners  of  Land,  in  which  fenfe  SVeaine-Mcte 

is  the  name  of  the  Conventus  libere  tener.tium,  according  to  the  old 

M-P";f.  f.  io«.  Cuftom  or  law,  Srvaine-metnm  teneatnr  ter  in  ar.no ;  yet  is  it  now 

WxjMm  'fcofcm^ncuT*  f**pri    not  much  fet  by  ,  though  from  this  condition  of  them,  there  are 

midiitriqiu  vaicmmix  faBm  d»8tT  [^<-     many  now  grown  into  families,  now  called  Franklin,  who  are  men 

£*2E*  d,v",diHf'i'u  ***"*.    in  the  County  of  Middl.  and  other  parts  Magnis  ditati  pofsef- 

Waifmgham  m e.  3.  p.  i«.  fionibus,  which  the  Text  expreffeth  to  fet  out  this  Paterfamilias  by  , 

And  this  is  an  argument  of  much  wealth  ;,  For  therefore  he  that  is 

the  Paterfamilias  here,  is  counted  ditatus,  becaule  he  has  pc(fejjienes,  not  like  thofe  Af- 

.  criptitii,  which  were  a  fort  of  Husbandmen,  that  bound  thtmfelves  by  Indenture  to  till 

the  ground, promifing  not  to  depart  till  their  manumiffion,nor  as  poffeffours  of  the  one 

onely  Farm,or  Manfion  they  live  in,  but  many  farmes  and  portions  of  lands  they  demife 

to  others,  and  thofe  not  only  in  their  own  County  wherein  they  live,  and  in  which  they 

cufiin  m.  Paris  are  members  ■,  but  in  other  fhires,  and  not  onely  Copy-hold,  which  is  a  badge  of  ville- 

vnb.  ^ifcriptmi.    nage,but frec-holds:yea,anfl  thofe  dot  onely  Tenancies,  but  even  capitall  Meffages,and 

chiefe  Mannors ,  by  reafon  whereof  they  are  drawn  fometimes  to 
\Airt  cuitnes  &  f.jp,r«  vhearum  n.n  it  beare  Offices  in  forraign  Counties  upon  extraordinary  occafion  and 
£££.  j^SfSfiaf lift  1*72  have  opportunity  to  place  their  children  apart,  when  their  age  and 
^ipi-lk,  their  Parents  pleafurc  is  they  fhould  Marry ,  or  be  beftowed  in  a 

courfe  of  life,  to  live  upon  what  by  their  fatherly  gift  is  become 
their  own  -,  And  as  many  poffeffions  in  number,  fo  large  in  their  extent,  noble  in  their 
royalty,  and  rich  in  their  revenue  .-  For  of  this  race  of  men  who  were  and  are  but 
plain  Good  Man,  and  fohn,  and  Thomas,  many  in  Kent,  and  Midileftx  efpecially,  be- 
sides fparpm  in  every  feverall  County  have  been  men  of  Knights  cftate,  who  could 
difpend  many  hundreds  a  year,  and  yet  put  uptoraife  Daughters  portions  •,  yea,  fo 
ambitious  are  many  of  them  to  be  Gentlemen  ,  that  they  by  plentifull  living  obtaine 
the  courtefie  of  being  called  Matter,  and  written  Gentleman  ■,  and  their  pofteritics  by 
being  bred  to  Learning  and  I  aw  .either  in  llniverfities,  or  Inns  of  Chancery  and  Court, 
turn  perfect  fparks,  and  lifted  gallants,  companions  to  Knights  and  F.fquircs,  and  often 
adopted  into  thofe  orders :  And  from  this  fourfe,  which  is  no  ignoble  one,  have  rifen 
many  of  the  now  flourifhing  Gentry  •  For  the  gain  of  callings,  whether  Clerkly  or 
Civicall,  has  preferred  and  augmented  eftatcs,  when  the  ftate  and  thnftlefs  Jazinefs 

of 


>f  Commentary  upon  Fortes  cue.  385^ 

• 

of  the  old  Engltfb  Gentleman  has  fold  them,  and  fervams,  by  proving  themfelves 
laborious  and  provident  Bees,  have  entrcd  by  pnrchafe  upon  their  Matters  hives  and 
their  honey  too  I  or  betides  the  good  p'eafure  oJ  God  who  has  decreed  revolutions  in 
families  as  well  as  Governments,  and  variations  in  the  parts  as  well  as  in  the  whole  of 
the  world,  there  is  a  cancre  even  in  time  which  eats  out  the  lufterai.d  puts  out  the 
light  of  the  brighteft  family,  whom  few  ages  lee  obfolete  and  vanifhed,  and  another 
in  place  of  it .-  and  there  are  periodique  vices  which  Varices  and  Bigots  in  families  have1 
by  which  Anceftors  Grave*,  Corps,  Monuments,  Royalties,  and  Seats  are  transferred 
from  them  to  o. hers,  whole  humours  are  more  retentive,  and  veines  lefs  vain  and  rio- 
tous. And  this  is  the  cufe  why  God  ought  oncly  to  be  eyed  in  the  defired  fortunatior! 
of  families ;  for  no  humane  wir,  p  ovidence,  or  ad junft  whatfoever  can  prcfervc 
agiinft  this  moth,  or  promote  againft  this  depreiTion  ,  nor  can  the  brighteft  ftar  that 
anfes  in  the  firmament  of  a  family,  fhine  to  any  durable  illuftricity,  if  it  be  denyed 
the  rayes  of  power  and  mercy  toad  juvate  and  continHeic  ■,  yea  moft  an  end  itisfeen, 
that  as  blazing  ftars  are  portentuous  prefages  of  changes  in  States, .  fo  are  notable  wits 
and  polite  peribns(  fpatkling  remarkably  in  families;  proems  to  the  temporary  if  not 
total  cdipfe  of  them, lor  eiher  they  fuddenly  dye  re  infeSa{nox.  reaping  what  they  have 
fown,  nor  having  pall  the  1  aft  round  of  the  ladder  of  greatnefs  )  or  elfe  they  neither 
leave  no  heirs  of  their  name,  or  fuch  as  are  no  honour  to  their  names. 

And  therefore  though  ihe  counfel  of  God  be  fecret,  and  no  man  can  prefage  what 
and  when,  and  why,  and  by  whom  this  family  frull  be  made  or  marr'd,  yet  all  wife  vi\<^™"°m*° 
men  know,  that  there  have  been,  are,  and  ever  will  be  flouds  and  ebbs  in  families,  Pcmbtochiz  ri 
and  men  there  will  be  in  them  who  are  made  for  the  rife  and  fall  of  many  in  them  •  SaT*"*'    - 
fome  crown  what  others  curfe,  fome  purchafc,  others  profufcly  fquandcr,  fome  are  ^"^SftZ, 
bleft  with  Marriages  apparently  rich,  and  fuccedaneou fly  more  rich,  and  they  live  to  t.  <j«  Lancaftria 
"have  iflue  by  them,  and  thofe  Inheritors  ■,   others  marry  upon  hopes,  and  their  abor-'  j^nntn^T 
tion  mutilates  them  even  to  a  necefiitous  condition  •,    fome  caft  away  themfelves,  not  Hading, »«««, 
caring  whom  they  joyn  to,  and  their  defperatc  Voyage,  judged  Ship-wrack,  proves  a  pe„b7och^"^ 
conqueft  of  Peru,  or  fpringingofa  Mine  of  gold  and  treafure^   the  fumm  of  all  is  to  ,rlm  fuL'Ul't, 
trull  God,  and  defign  things  with  virtue  and  moderate  wifdom,   not  relying  too  much  $* ""  t""  P1" 
onthearmofflefh,  and  the  event  is  moftly  better  then  when  fo  much  of  mans  policy  wa°'fmgh*™^; 
and  Wifdom  predominates,  for  God's  counfel  willftand,    and  moft  an  end  he  fetshis  *•  ■>■■{■  »7«.s- 
wifdom  to  defeat  ours  which  is  not  alfo  his .-    they  feldom  reckon  of  fucccflcs  arighc  dit'  Lond" 
that  reckon  without  their  Hoft  ( as  \|jtb  reverence  )  the  Proverb  is,  they  doe,  that 
take  not  God  into  their  thoughts,  counfels,  and  aftions  *  nay  it  it  often  the  judgement 
ofmento.be  blinded  by  deluiion,  and  deafned  through  pride  and  paffion  agiinft  the 
counfel  that  propitiates  and  tenders  (if  followed  )  fafety  to  them.     In  the  irijh  Chro- 
nicle, in  Sir  John  Perot's  Deputy-fliip,  there  is  a  notable  ftory ,  there  was  an  engagement  Vowd> ,, ,  o; 
againft  the Ohms,  who  had  betaken  themfelves  to  a  Wood,  and  there  lay  hid  ready 
to  entertain  the  English  valour  which  would  come  out  there  to  affault  them,    faqnes 
Wingfidd  a  brave  Commander,  and  experienced,  had  two-  Nephews,  Sir  Peter,  arid 
Captain  George  Careen,  who  were  hot  upon  thefervice,  and  by  all  means  would  enter 
the  Wood  upon  the  Irifb,  faejues  would  not  let  them,  but  Sir  Peter  weutdQo  nay  but 
inhemuftgo,  flighting  his  Uncles  counfel,  and  Captain  George  would  have  gone  in 
alfo  but  that  his  Uncle  forcibly  hindred  him,  faying,   /  will  not  lofe  you  both  at  enct, 
Sir  Peter  was  prefently  taken  and  (lain  •,   but  I  recall  my  felf  to  my  Text,  which  thus 
followes.  ;•;;■'- 

Nee  tun  libere  tenttites  alii,  &  valetii  flurimi  puis  Patrimsmis  fufficicntes,  ad  fati- 
eniamjuratam  in  forma  permtata. 

Th'.s  is  added  to  (hew,  that  over  and  above  Knights,  Efquires,  and  reputed  Gen- 
tlemen, (whom  the  courtelie  of  the  Nation  favours  with  that  appellation  for  their 
wealths  fake,  they  being  Magnis  ditari  ft>jfefio»ibns ,)  there  are  others  of  fortune 
and  fohd  fubltance  Socagers  and  Copy-holders,  whoarefit  to  ferve  on  Juries,  having 
Lands  and  Lands- worth  to  the  value  of  thchigheft  requiry  •  and  this  ftiews  the  gene- 
ral weahh  of  EngUnd,  that  it  isnbt  cooped  up  in  a  tew  great  mens  hands,  wh6 
(hare  out  to  themfelves'  the  delicate  parts  of  the  National  dainties,    leaving  bare 

P  p  p  bones 


ntxttut. 


290  A  Commentary  upon  Fortes. cufc. 

bones  to  the  meaner  people,  and  rendring  their  ingenuity  fruitlefs  to  them,  but  fpread 
abroad  te  all  orders  and  degrees  of  men,  lb  as  every  one  has  his  encouragement,   and 
may  perform  bis  duty  in  turns  •,    and,  by  being  capable  hereof,  endeavours  by  all  good 
means  to  discipline,  train,  and  inftitute  himfclf  thereto.     Now  asbefore  our  Text  ex- 
plicated the  noble  parts  of  this  Nations  anatomy,    fo  now  writes  he  his  obfervations 
on  the  other,  though  leffe  eminent,  yet  as  ufefull  parts  of  the  body  politick  •,  and  thefe 
cook  »p»  Lit-,    nc  terms  nytre  ttne  ntes  and  valeili  ]  the  former  free-holders  without  doubt  were  op. 
iietoaw.*.  i.        pofed  to  Villains,  fuch  as  held  their  Lands  in  bafc  Tenure,  and  bafe  fervices;    there- 
fore being  ad  natnm  domini,  and  fubjedr.  to  his  pafiions,  either  of  luft,  rage,  orreward, 
now  this  not  being  the  condition  of  all  Country  men,  but  fome  (  either  by  hardinefs 
making  conditions  with  Conquerours  to  enjoy  their  rights,  or  purchafing  their  dar- 
ling liberty  out  of  the  Tallons  of  victorious  feifersof  them  -,    rcftcd  free  in  their  per- 
fons,  relations,  lands,  and  acquirements,  paying  or.lj  ^it-rents, 
...    or  other  ir.confiderable  annual  acknowledgments,  as  owning  their 
^>2«  tl*  i.AV.^2*.  *<»«g*     Lords  Seigniory,  and  yet  their  own  freedom,  which  if  dillrained 
they  madt  gitt  of  Lands  m  FrMkji-    from  them,  or  they  compelled  to  any  fcrvice  or  payment  not  due  by 
S&*Sfe.  *L&2*£     the  condition  and  compad  of  their  Tenure,  nor  cuflomary  in  the 
mtM  fvp,fn.mtm,  the  King  and  other     Mannor,  then  had  they  remedy  againft  the  Lord  by  Bill  in  Chan- 
men  might  compeii  Epifiyi.  *r*u-  nc  j,  d  by  fcjfurc>  \a  cafe  tbey  broke  truce  and  were  Tref- 

mt.  fiki  u  cnriZ*  uuxiem.  m.  Pa-  paffers  upon  him )  continuing  free,  their  Tenure  was  called  Land  of 
tis  in  ^ddh*mc»ti>,  f.  ioi.  viifia*  inheritance  and  tree-focage,  which  yet  owes  fome  fuitesand  fcrvice 
f^&CHr'u #T  cioT  i'n'xjrZ    to  the  Lord  it  is  held  of,  and  may  pay  alfo  a  Quit-rent,  and  as  it  may 

happen  a  Line  at  every  alienation  of  i  o.  /.  or  fome  fuch  fmall  matter, 
yet  that  certain  and  not  at  the  will  of  the  Lord ;  and  thefe  Tenants 
are  called  Barons  ,and  from  them  the  Court- Baron  is  denominated  j  yea,  the  Tenure  of. 
thefe  is  fo  eftimable  in  Law  (being  of  old  date  and  upon  grand  confederation)  that 
they  are  a  kinde  ot  Cheque- mates  to  the  Lord,  becaufe  without  them,  in  fome  cafes,  he 
cannot  difpofe  of  matters  in  his  Mannor  j  not  but  that  the  Lords  and  Free- holders  eftates- 
s"a"\7.&  sir  are  for  the  molt  part  diltincfr  and  cognizable  each  from  other,but  becaufe  the  conjun&i- 
u.  cook«  him,  Qa  0f  both,  in  cafes  of  inclofures  of  Commons,and  divifion  of  Wafts,  and  other  fuch  like 
things,  as  depends  upon  the  Court-Baron,  i9  neceffary  :  and  methinks  this  compli- 
cation of  things  in  a  harmony  commends  highly  the  prudence  of  Antiquity,  in  that  it 
made  fuch  a  dependance  as  occafroned  correfpondenee  and  communication  between 
the  head  and  foot,  the  hand  and  heart,  the  betce^to  keep  the  end  of  God  in  mans  cre- 
ation, inviolate,  that  man  fhouldfcrve  God,  ia  ferving  thefe  common  ends  that  unite 
mindes  under  his  fupreme  Government  Dominion  and  Conduct,  and  the  delegations 
of  it  toMagiftrates*. 

Et  Yaletti  jlurimi,  &c.  ~\  Thefe  I  fuppofe  are  men  of  lefs  note,  and  not  fo  free,  for 
though,  when  our  Chancellour  wrote,  there  was  no  Slavery  o'r  Villeinage  in  England, 
for  thofe  were  antiquated  in  R.  2.  time  •,  yet  there  were  feeming  badges  and  prints  of 
that  deformity,  which  yet  in  H.  6.  time,  and  to  this  day  fome  miftakingly  fudge  to  fear 
the  face  of  freedom,  and  tbofe  they  take  to  be  them  which  our  Law  calls  Yeomen,  fee 
Stat.  16  Jc.  2.  c.  4.  &  20  R.  2.  c.  2. 

Thefe  are  the  next  order  to  Gentlemen,  termed  Yeomen  tjuufi  young  men,  as  fome 

think,  or  from  Gtmin  or  Yemen  in  the  Saxon  fignifying  a  Com- 

Burgaiiticum  ]  "rru  CtitiHrmn ,   vti    moner  -,    fo  that  of  old  thefe  were  men  of  no  rank  above  fer- 

?*Z'ao£**"S™**£-  """**"  "     van">  thou§h  V*ht  in  thc  Frenchimports^afi  vale* fen  maiftre,. 
gmhmi,  id  'ft-  suites.  &  fluent,,     thence  the  word  wallet  [  pe ra  Victoria  ]  thc  bearers  of  this  as  fome 
£,«,. ,.«  wx«  «*W-  '{£""•"    called  them  Valet,  or  Varlet,,  others  called  them  Garciins ,    though 

*HUd».  M. .*ml  *  *>«•  ">'•  »».      of  0,d  lt  was  a  ride  of   bctter  rcpute)    for  a„  young  perfons  thou|h 

Gentlemen,  if  not  Knights,  and  under  eighteen  years  old,  were 
called  Vdtts  in  France,  as  we  called  them  Batchelours  in  England,  hence  Valet  de 
Chambre  a  Title  of  Honour  to  the  King  -,  but  Francis  the  Ftrft  of  France,  per- 
ceiving thofe  that  attended  him  to  be  no  better  then  Roturiers  (our  Yeomen)  in- 
troduced Gentlemen  of  the  Chamber,  though  yet  in  the  King's  Palace  here  the  Officer 
Yeoman  remains,  Stat.  33.  H.  8.  c.  12.  yet  in  fubferviency  to  the  Gentlemen-Offi- 
cers ;  fo  are  Grooms  another  Court  word,  in  Frenc h  Valet,  or  Varlet ;  fo  that  the 
Texts  Vahtti  or  Valetti  are  fuch  of  the  Commoners  of  Countries,  who  hold  not  their 

Land 


Stt  Littleton. 


A  Commentary  upn  F  o  r  t  e  s  c  U  e.  301 

Land  fub  nomine  Calvertagii  &  perpetua  SerghutU,  but  having  been  Servants  or  m.  ruis.p.  m. 

Tenants  CO  great  men,   have  either,  pro  bono  fervitio  impenfovel  impendent,   had  Land 

given  them,  or  by  induftry  and  thrift  ( bleffed  by  God  )  been  purchafors  of  Land  in 

fee  to  them  and  their  heirs,  and  that  in  fuch  fort  for  the  quality,  andin  fuch  proportion 

for  the  value,  that  the  Law  requires  Jury  men  to  be  of,  as  before  in  the  Chapter  of 

Juries  1  have  (hewed  ;    that  they  may  be  faid  to  be  Sufficients  ad  faciendam  jurat  am 

in  forma  pramtata. 

Sunt  namque  ValeBi  diver /»  in  Regione  iSa  ,  qui  plufquam  fexcenta  font*  per 
Annum  expendere  pojfunt,  quo  jurat*  fuperius  defcripta  fepiffime  in  Regione 
ilia  fiunt. 

This  is  added  to  (hew  that  Juries  are  peculiar  to  England,  becaufe  Country-men 
of  eftate  are  onely  in  England,  in  the  feveral  Hundreds  of  the  Counties  of  it  ■,  now 
though  it  be  ufual  tor  men  of  the  Plough  to  be  and  abide  up  and  down  in  the  Country 
in  Nations  abroad,  yet  onely  with  us  are  they  men  of  eftate,  and  allowed,  asfnch,  to 
be  judicial  Members  of  Juries,  and  fit  they  (heuld  be  Judges  of  fad:  on  other  mens  e- 
ftates,  becaufe  they  have  eftates  of  their  own,  and  fo  knowing  what  an  eftate  is,  are 
prefumed  to  be  more  intent  upon,  and  confederate  about  their  Verdift  in  their  Neigh- 
bours cafe.  Andthisisthereafon  that  not  onely  the  Law  requires  they  (hall  have 
folid  and  folvent  eftates,  but  acordingly  fuch  in  very  deed  they  have,  moft  of  them  to 
a  very  convenient  proportion,  butfome,  and  that  not  a  few,  qui  plufquam  fexcenta 
Scuta  expendere  poflent. 

Scuta  ]  are  French  Crowns,  fo  called,I  think  from  the  Shield  of  the  Arms  of  France, 
that  they  have  on  one  fide  of  them ■,  there  are  tJuree  forts  of  them,  Efcufol,  the  beft 
Crown  now  made  having  a  ftar  on  one  fide  ■,  E/vucoronne,  the  next  left  by  zfous  then 
the  former  j  and  Efcu  veil  the  old  Crown,  worth  y.  s.  z.d.  Sterling;  of  the  former 
Crowns  I  take  our  Chancellour  to  mean,  and  according  to  that  his  computation  of 
600  yearly,  valuing  a  Crown  at  4.  s.  6.V.  comes  to  about  1 30.  /.  Englijb  a  year  s  which 
in  our  Chancellours  time  when  filver  was  at  20.  d.  an  ounce,  comes  to  almoft  400./. 
a  year  now,  which  though  it  be  a  great  Eftate,  is  no  more  then  many  in  every  Coun- 
ty of  thefe  true  Yeomen,  gentilized  onely  by  the  courtefie  of  the  Nation,  have  with 
advantage,  and  many  to  double  the  value  j  now  thefe  Churles  (  not  hunger-ftar- 
xedMke  the  Peafants  of  France,  nor  cowed  down  like  the  Boores  in  Germany,  but 
keeping  free  houfes,  and  being  full  of  riches  and  plenty )  are  the  perfons  whom  the 
Text  mentions,  not  onely  as  men  of  poffeflions,  but  as  by  them  poffeffions  fitted  to 
fervc  on  Junes  with  Knights  and  Efpuires. 

Prefertim  in  ingentibus  caups,  de  Militibus,  Armigeru,   &  aliit  quorum  poffejfio- 
nes  in  univerfo  excedunt  duo  mi/lia  Scutorum  per  annum. 

This  is  fub  joined  to  make  good  what  before  has  been  fhewen  in  the  Chapter  of  Juries, 
that  Jury  men  were  chofen  of  different  worth,  according  to  the  different  value  and  m.t.  c,i|,«*. 
nature  of  the  caufe  they  were  to  ferve  upon  ;    in  cafe  of  life  anckitle  of  land,  great  Af-  "•.  "P"*^ 
fifes,  none  bat  Knights  were  fummoned  and  ferved  in  Glanvil's  time,  and  after,  and  in  %'a" .urn 'i« 
our  Chancellours  rime,  though  Efquires  and  great  Yeomen  under  the  name  of  alii  did  ^M* d'  cmM» 
ferve  on  them,  yet  thofe  had  Pefieftones,  and  thofe  to  the  value  of  a  Knights  eftate,  Ct«.3^» 
towards  400,  or  500  /.  a  year,  as  now  things  go  •    for  I  compute  the  Crown  which  we  /"./«»<«■«■  .* » 
call  a  French  Croton,  though  the  Tranflator  reckons  it  much  lefs  in  words,  buc  not  in  ■$™£j£J2m 
truth,  for  he  renders  2000  Scuta  by  500  Marks  Englijb  in  his  time,  which  is  full  as  'Jliil'alZ. 
■  much  and  more  then  600  pounds  fterline  now.  <p««<M.  ?»««. 

Square  cogitari  Acquit  tales  fubornari  poffe,  vel  perjurari  velle,  neium  ob  timorem 
Den,  fed  &  cb  honorem  fuum  cenfervandum,'&  vituperium  damnum  qutque  inde 
confequutivum  evitandum  etiam  ne  eoruro  hasredes  ipforum  kdantur  infamia. 

The  Premifcs  conGdered,  and  the  Members  of  Juries  being  affluent  men  (above  the 

P  p'  p  2  exigencies 


Um 


3^1  A  Commentary  upon  For  t  e  5  c  ui. 

exigences  and  preffurcs  of  life,  which  follicite  men  often ,  and  fomctimes,  yea  too  too 
often  prevaile  with  them,  to  exchange*  gcod  confeience  for  a  tranfient  iccommod,- 
tion  )  and  being  alfo  fuch  as  difdaine  to  {lain  their  honours,  infamize  their  poflcritits 
endanger  their  fortunes,  and  difpleafe  Cod  the  righteous  Judg,  whodelights  in  truth  in 
the  itiwardman  ;  ard  being fucb  as  thofein  whom  the/x/fe  andvrtfrof  in:cgrity  isupon 
no  ordinary  termes  prefumed  to  be  :  How,]  fay,thefe  things  well  weighed,c»n  by  the 
wit  of  men  and  Governments,  any  more  probable  way  be  excogitated  to  prcferve  Ju- 
flice  and  right  Trial  then  England  by  Juries  has,I  cannot  conceivcrTor,furcIy  there  can- 
not be  any  thing  cohibitive  and  repellent  of  temptation,  if  the  fear  of  God  and  fhame  i- 
mongft  men  be  not  prevalent  to  the  formidation  of,  and  the  abftinencc  from  it. 

Firft,  Ohimorcm  dei.~]  For  that  being  the  beginning  of  wifdom,  is  that  which  layes 
the  ground- work  for  all  the  after-fupcrftrudure  ■,  }  care  of  God  keeps  the  foulelUff 
girt  againft  all  temptatio«s ,  intent  upon  duty,  vigilant  over  its  affeftions ,  exaft  in 
charitable  diftributions :  Fear  of  God  is  a  complex  virtue,  that  has  cmnis  re/igicnis  & 
boni  rationem  in  it  j  'Tis  that  which  adapts  a  man  to  every  command  without  difpute , 
to  avoid  every  thing  prohibited  without  fecking  evafions,  and  attempting  difper.iation 
for  non-performance,  to  obferve  every  voice  of  God ,  cither  in  his  Word,  by  his  Spi- 
rit, or  of  bis  Rod,  and  to  follow  the  dictations  of  it .-  'Tis  that  which  fcaiches  the 
fouls  fefters,quickens  its  dimro  profpeft,  fharpens  itsdevoute  appetite,  nimbles  irsobfe- 
quious  foot,  elevates  its  aftive  hands,  invigorates,  the  whole  man,  to  be  what  God  wi'l 
have  him,  and  fuffer  what  he  has  preappointed  for  him  .-  And  therefore  SoUmcn  who 
was  an  incarnate  Lucifer, tad  knew  experimentally,and  thorough  pradice,what  wifdom 
was,  initiates  it  from  the  feare  of  the  Lord,  becaule  that  directs  a  man  to  make  God  the 
aime,  center,  andaebmeof  his  wifdom,  and  to  be  wife  for  his  foul  and  eternity,  both 
concerned  and  advanced  by  Gods  glory,  which  his  feare  propagates  -y  and  therefore 
though  heathens  determine  wifdom  by  knowledge  of  Men,Creatures,Books,  Arts,  and 
Politick  Pratiques  upon  them,  though  they  are  excited  to  good,and  deterred  from  evil, 
by  rewards  and  punifhmenti,  which  bribe  them  to  either  one  or  other  ■,  yetthebeft 
prefcriptis,  to  take  and  leave,  as  Gods  fear  principles  and  excites  us ;  Tear  God  and 
Eccltf.  n.  n.    \etp  his  Commandments,  for  thisis  theVeholedutjofman:  Feare  God,  and  that  will  make 
us  keep  his  Commandments,  which  are  not  grievous  to  his  fearers ,  but  pathes  of  plea^ 
Aire  and  peace .-   And  feare  God ,  by  keeping  his  Commandments ,  for  that  is  the  beft 
indication   of  our  fear,  and  all  his  Commandments ,  for  that  teftifies  our  internall 
firccrity  -  yea,  and  Feare  God  and  keep  his  Commandments,  for  'tis  'Okm  n  «Bf«J»», 
the  whole  duty  of  man  :  Though  not  wholly  the  duty  of  man,  for  Angells  and  Saints 
feare,  yea  Devills  fear  God  ,  and  'tis  their  duty  fo  to  do  ,  as  well  as  mans  ■,  But  'tis 
the  whole  duty  of  man :  becaufe,  whatever  God  requires  of  renovated  man,  whatever 
he  accepts  as  the  reparation  of  lapfed  Nature,thorough  the  Interpofition  of  .cAr»/,who 
fortifies  the  foul  in  his  fear,  and  out-brazens  it  againft  its  Worldly  confronts  to  a  per- 
fiftency,  is  couched  in  this  fear  -,  This  do  O  holy  foul  and  live  a  Saint,  and  die  and  e- 
ver  after  live  an  Angell. 

So  then,  the  feare  of  God  being  fuch  a  curb,  as  heretofore  in  this  Book  in  the  notes 
on  the  fourth  Chapter  I  have  fhewed  it  is  to  all  good  men,  in  the  examples  of  Aha- 
ham,  Mofes,  Jofeph,  Job,  Jeremiah,  David,  Paul ;  the  Primitive  Martyrs,  and  all  the 
Seraphick  comprehenders,  arid  Militant  Heroicks,  who  keep  themfelvts  unfpotted  of 
the  world,  and  meddle  not  with  that  abominable  thing  that  God  hates,  ea  ratione,  be- 
caufe he  hates  it,  and  becaufe  it  makes  them  unlike  him,  whom  their  piety  indeavours 
to  aflimilate,  itmuft  needs  work  upon  precife  pious  foules  proprie  &  q uartt  medo,  and 
rcftrain  others  of  morall  and  civill  principles,  by  way  of  proportion  ,  and  as  refulr- 
ing  from  that  furviving  awe  of  God  that  is  left  upon  their  fouls  intcmeratc,  andfoit 
is  amalettick.  For,  if  the  fear  of  man,  whofe  power  isonly  temporary,  and  terrible  to 
the  outward  parts,  the  fubjedr.  of  its  violence  and  dirily  is  fuch,  that  it  forces  him  to  do 
-  or  not  do  againft  the  eddy  and  propenfion  of  his  genius  and  affection  :  How  much 
reorefhall  the  feare  of  animmortall  God  (ruling  in  the  foul  by  a  golden  fcepterof 
love,  and  impending  over  the  foul,  erring  from  him  by  pcrfidic  and  elcftive  dege- 
neration, clouds  of  fire  and  brimftonc  ■,  and  thofe  eternally  to  be  fuffering  in,  without 
any  poffibility  of  reprieve  ,  relaxation,  or  difcharge)  preponderate  it  to  do  what  he 
commands,  and  decline  what  he  forbids,  *b  t'mortm  dei. 

Secondly, 


A  Commentary  upon  Fortescue, 


m 


Mart***  mtlift 

lliipan. 


Tholofs.  Syntag. 
Jnrii  muvifi.WB, 
II.C.  i».Seft.  *. 
tAnnotat.  in  Fdn~ 
itcr,  p.l9»,  £..';:. 
V*/«/?  Lutet. 
is  (6.  in  Folio. 


Secondly,  Htnorem  fuum  confervandum,'}  That's  another  ftimulation  to  integrity, 
ar.d  a  difanimation  to  per jary  and  proftitution  of  confeience  j   And  this  is  fonaafivc 
v.  ith  mortalls,  that  they  will  part  with  life  rather  then  wuh  that  they  account  honour  .- 
though  feme  will  do  as  the  old  doting  and  unfortunate  Captain  did,who  rendred  a  City 
of  the  King  of  Spin's  to  his  enemy,  to  fave  his  head ;  but  the  King  told  him ,  Perdifia 
mi  villa  y  gyardafie  la  burin  etna.  Sir,  You  have  rendered  my  Tiwn  to  fave  your  white 
beard,  which  youfhall  be  no  gainer  by :  Thus  fometimes  it  is ,  aud  ufually  askc  Heftors 
what  the  elude  Article  in  the  Creedof  Gallantry  is,  and  they  will  quote  Honor  &  vita, 
to  ho  f«  (fa  ambnlarent -,  this  is  the  Diana  oi  this  Worlds  Efhefians ,  this  the  Image  that 
came  down  from  their  Jupiter-,  fuch  gods  in  the  likenefsof  men  they  venerate:  and 
what  afiaults  this  they  execute,  and  are  quickly  in  arms  againft,and  by  this  zealc  to  their 
imsginary  eminence  (  which  confifts  chiefly  in  opinion  and  popular  fuffrage,  and  has 
it's  lyP.ole's^nddiaflole's.as  the  ages  humour  is,more  or  lefs,  quicker,or  lefs  fmart)they 
thir.k  themfelves  fafe  in  point  of  honour  and  reputation  :  Now  the  wit  of  man  cannot 
contrive,  fhculd  it  be  intent  on  the  exploration  many  ages  a  more  durable  and  certain 
way  of  ftabilizing  that,  then  Juftice  ,  the  ready  way  to  a  good  name,  the  great  Idol 
that  men  fall  down  before  finlcfly  .■  A  good  name,  faith  Sckmoujs  at  a  precious  eyntment  • 
This  the  learned  render  by  Exiftimatio,  which  is  fotnething  extra  efiimationem  ,  with- 
out,beyond,and  above  cdccm,Dignitatis  iiafajratus  legitus  &  moribus  eomprobatus,  as 
the  Civilians  call  it.-and  Budetus  ,  whenhefayes,  eftimation  is  the  consideration  and 
perpenConof  any  thing,  adds,  Exiftimatio  judicium  &  arbitratus :  therefore  though 
fome  do  a  kulate  it  to  the  proportion  of  &«£*,  Tama,  yet  he  makes  it  more  according  (*)  ui> " 
to  the  computation  of  (a  )  A  GeUiusjuhoic  words  are  Fama  ex  vulgi  Judicit  naftitur  fed 
exiflimatum  hemintm  tffe  tjui  infrimis  cenfttur ;  that  \$,Inter  btnos  &  graves  :  For,  both 
efteem  and  reproach  or  infamy ,follows  the  account  of  fuch,  and  fuch  beft  rule  the  ex- 
change of  both  •  Ar.d  therefore  when  the  Text  writes  of  Ob  honarem 
fuum  cenfervandum  added  to  the  former  .one  would  think  our  Matter 
had  produced  arguments  cogent  enough,  yetlcaftthe  fear  of  Re- 
ligion, ar.d  of  mens  undervaluations  fhould  not  take  men  off  from 
injurious  courfes,  but  they  ftjould  perflft  to  accumalate  advantages 
to  themfelves  by  the  gain  of  unrighteoufnefs,  the  Chaocellour  adds, 
Damnum  aueque  ctnjecjuuturum  evitandum  \  which  what  that  is,  the 
Notes  on  the  26th  Chapter  fets  forth  :  yet  as  here  the  inftance  of  it  is  introduced, 
it  appeares  to  be  that  argument,  which  like  the  deep  bafe  drounds  and  prevailes  over  all 
the  other  Notes  of  arguments.  For,  many  atheiftick  mindes  make  nothing  of  God , 
(he  not  being  in  all  their  thoughts,  they  put  the  evil  day  of  his  terrour,  and  visitation  of 
them  famff;  drolling  away  the  fevere  iropreflions  and  foftningsof  confeience,  with 
refolved  wickednefs,  and  Heftorean  bravadoes )  and  the  good  thoughts  and  reports 
of  men  they  fet  light  by,  fo  they  may  add  a  cubit  to  their  fortunary  ftature :  they  can 
make  cakes  to  the  Queen  of  heaven,  and  adore  the  Planetary  Deities,  that  have  pro- 
fitable and  pleafant  afpe&s  on  them .-  they  care  not  whofe  places  they  ufurp,  whofe 
children  they  exheridate,  whofe  reputation  they  profhtute,  whofe  eftate  they  defraud, 
whofe  right  they  fupprefs,  whofe  bread  they  eat ;  To  thefe  that  of  Atatharickjn  Caf- 
fiodore  is  not  applicable,  who,  writing  to  Cyprian  the  Senator,  fayes,  Merito  tibi  fro- 
lixior  atas  optatur  in  qna  famafemper  robnftior  invenitur.  Let  men  cenfare  them  as  they 
will ,  thej  wiS  maltj  much  ef  me,  and  a  fat  forrow  (they  cry)  is  better  then  a  leane  one, 
rather  would  they  be  envied  then  pitied  ■,  Populus  me  fibilat,  at  domi  ipfe  mini  plaudo, 
crie  they  ,  forthefe  againft  fuch  like  quezinefTcs  prefcribe,  and  proclairae  themfelves 
ftancb,  they  care  not  for  fame,  'tis  but  ayre  and  prattle  of  people  ,  and  that  they  value 
rot  •  but  when  the  Lawcs  of  Government ,  fine  andimprifon,  when  all  they  have 
muft  to  pot  for  the  offence  againft  the  King,  in  wilfull  violation  of  his  Lawes,  and  that 
in  the  odious  way  of  perjury,  and  that  in  the  cafe  of  a  falfe  Jury. man,  Then,  then 
men  look  about  them,  and  are  afraid  to  be  in  deed  what  in  affe&ion  they  perhaps  are, 
becaufe  they  have  therewith,  andmuft  loofe  that  from  themfelves,  and  in  a  good  pare 
from  their  pofterities ;  This  keeps  them  within  compafs,  Ad  evetandum  ft  cut  ur  urn  da» 
trnum,  they  will  keep  honed;  For,  though  they  fcruple  not  with  David,  the  water 
cf  B ith' (hem,  becanfe  it  is  the  price  of  blood,  but  have  confcieccei  fo  large,  that  tho- 
rough the  wide  arch,  and  into  the  bottomlefs  hell  of  them.veiTelsof  never  fo  great 

burthen 


Tkoloft.  /ii.  ix,  v-.  II.  Stff.  s.  *•  w. 
II    c.  1,  itii.  I, 

Nttnrt  ftrtnms  fufiii  ifi  gl'ri*  vtn*  1**- 
4*c>lis  ntm  ]i cut  MifiucrM  inn  ixftnditur 
fie  nee  iff*  eiltbri  ferment  /f«4<«r,Alathar. 
*f*A  Ctfsud.  v*rUr  lib.  I.  Ep.  II,  Cj- 

ptuno  Pairitio. 


a  Sam,  1. 11. 


jp^j.  A  Commentary  upon  Fortescue. 

burthen  with  mafts  and  fayles}  fins  with  colours  flying,  and  Effronteries  neighing, 
may  pafs  currantly  and  without  boggle  ;  yet  ruine  of  eftate  their  pur.ifhment,  more 
terrifies  them  tlnnGods  curfe  and  Heavens  lofs  .•  And  this  the  Law  knowing ,  ur- 
ges them  by  it ,  not  onely  fub  timore  &  infamiA  curteUgii  &  perpetua  fervitntis  ,  as 
Hcnrj  the  third  did  fummon  his  fub  jeds  againft  the  French ;  but  as 
M.  Parif.  p.  iti.m-  King  Joh»  did  his  Nobles,  as  they  would  keep  their  cftatcs,  and  pre- 

,„  ***  u***  «  -  **»-  At-   lem  K  >***.  n":  *?&? t0  r:othin8:  ty  f?rfeit  °[  thc,r  e" 

««  ,»btt  nifi  veU*t  /»*  mrmm  nniMj  ftates :  All  which  conudered,  the  prudence  of  the  Law  in  deterring 
f»a  Utm  «W|2 "'u'°["[l'\  „'*|  men  from  thefe  finfull  engagements,to  the  injury  of  man  anddifplea- 
^uchfi^avut^  mv'irhf  fare  of  God,  is  very  remarkable.  And  hereupon  the  Chancelloun 

•  inference  is  very  good  and  material  •  Taliter  {fili  £egis)difpofita,  in- 
habitata^ue  non  fn»t  aliaua  alia  mundi  reg*A.~]  Which  he  adds,  not  to  depreciate  other 
Countreys  which  are  alfo  great  inftances  of  divine  bounty  and  power,  but  to  raife  his 
owne  Countreys  reputation,  and  hisCountrey  mens  gratitude.-  If  God  has  made  us 
like  CtpernAum,  lifted  up  to  heAven ;  if  he  has  given  us  the  purity  of  Religion,  the  pre- 
rogative of  being  Governed  by  our  own  Lords,our  Kings.and  their  and  our  own  LawSj 
the  freedom  of  fitting  under  our  owne  Vines ,  And  enjoying  our  good  things  in  peace  -t 
If  he  have  caufed  a  ceffation  of  leading  into  Captivity,  and  compUining  in  our  fireets  -y 
Non  taliter  difpofitA  inhabit at -acjuc  [tint  alia  mandi  regnA  inthisfenfe;  but  in  that  we 
have  Trials  of  life  and  fortune  by  Juries ,  good  men  of  eftate,  aedtrueindifpofition, 
Handing  ftiff  to  the  rule  of  Juftice,  and  inclinable  neither  to  the  fear  of  Power,  love 
of  gaine,  or  byas  of  malice  •,  but  fuch,  as  if  they  had  a  minde  to  be  villanous,  dare  not 
for  fear  of  fhame  and  ruine  to  their  perfons,  fortunes,  and  pcfteri- 
Lilns  nm*  nitii  Mm*  y«w«  >/'»«     ties  .-  This,  This,  that  there  is  in  Enrland,  ?ufiice  free  neither  bontht 

tlna  aui*  iuttiti*  turn  debet  zltiirtri  tele-  f  ,  -art  t>  i        * 

' ,  J*  ilL  "f  r'*""  "V""  ■  Cook,  mr  fcld  >  / mU>  mt  c*rt*Jl  d  cr  }*rtl*A  \  ft>"d}>  *°f  ****ons  and  uncer. 
i  inftii.  p.  s«.  tain ;  occafions  the  Non  taliter  difpofitA  here,  &c.  For  furely,  as  the 

Coyne  of  EnglAndisyo(  any  in  the  world,  the  rneft  to  the  intrin- 
\  e.Z  *.  I*'  »Ht  *•  '*•  »  "  4  '•  fick  value  of  what  the  Money  goes  for  (the  Kings  of  England  ha- 
lf h.  7.  $.  $«♦•»•  xiH"s\61  ving  paffed  many  Lawes,  in  all  times,  for  the  cuftody  of  it  from  de- 
'  H.f.'i.V  n.H  17  «*♦»•'«  %.  »•*'  virgination :  and(*)  King  fames  of  bleffed  memory,  notwithftand- 
sh.  7.  t.  4H.  7.*.  'sHM'  »h-  ingthem,  caufed  a  fearch  to  be  made  into  the  Coyne,  and  a  Jury  to 
f'*\'  hwi  cioniciei  m>"-  be  fummoned  of  brave  men  to  trie  it,  and  came  himfelf  in  Perfort 

""'   '  *  to  fee  the  Aflay  made  of  it )  I  fay,  as  our  Coyne  is  the  beft ,  fo  is 

our  Juftice  the  beft,  in  that  juft  Aflay  of  it,  which  Juries  of  Knights,  Efquires,  and 
other  Freeholders  of  EngUnds  fcverall  Counties  make,  in  caufes  upon  which  they  are 
fummoned  to  ferve.  And  the  reafon  why  this  is  a  peculiar  happinefs  to  Englijh-menjs, 
becaufe  EngUnd  onely  has  Perfons  of  thefe  ranks,  difperfed  in  every  County  •,  fo  it 
follows. 

'  N*m  licet  in  eis  funt  viri  magna  fetektit  magnArum  opum  &  pojfejfionum,  mn  to- 
men  etrumunus  frope  thcrAtur  ad alterum  ut in  AnQit cemmorantur  viri,  nee 
taut  a  ut  ibi  htreditatorum  efi  copia  &  pojfidentium  terras. 

No  doubt  but  every  Country  has  its  blefcing;  fome  in  Soyle  and  Fruits.fome  in  Eeafts 
and  Birds,  fome  in  Mettallsand  Ores,  fome  in  Men  of  all  perfonal  Aecomplifhments , 
others  Great  in  Power,Purfe  and  Command  •  yet  England '.our  Chancellour  thinks,has 
fome  advantadge  above  them  all.-becaufe,as  our  Hemifphcre  has  no  extremities  of  Wea- 
ther ;  nor  our  Seas  any  Leviathans  of  Fifh  •,  nor  our  Land  Behemoths  of  Beads  •,  lb  our 
Land  no  men  Giants  of  greatnefs,  to  whom  all  their  Neighbourhood?  are  but  crumbs 
and  morfells  for  their  ingurgitation :  England  being  an  lfland,  every  thing  in  it  is  fra- 
med by  the  mercy  of  God,  and  the  wifdom  of  Government,  to  a  general!  good  •  and 
to  fuch  a  method  of  improvement  as  is  moft  dilate,  and  leaft  oppreffive  :  Abroad  in  the. 
Continent,  Great  men, as  it  were,  live  alone  in  the  Earth ;  their  vaft  uninhabited  Terri- 
tories their  Titles  fwcll  with  ,  give  them  room  to  Lord  it  fo  over  their  vaflalls,  that 
they  fhrivell  their  fpirits  into  a  non-ingenuity ,  and  leave  thereby  mighty  Trads  of 
'  ground  untitled  •,  as  thinking  it  toyle  enough  to  get  Meat  and  Drink,  with  a  few  rag- 

ged Clothes.-  for  their  Lord,  who  takes  them,  and  all  they  have  for  bis  propriety,  and 
rewards  them  with  nothing  but  feveie  Lawes  from  him  ,  and  hard  lives  under  him, 

fuch 


A  Commentary  upon  Fortescue.  295 

filch  as  thefe  Viri  main*  potentia  magnarumopum  &  pojfcffionum,  ^■nM CanalUmt  4tdt   Buigundii. 

.1       _    i .  •       _    **         '  _  J      n    J->  <    a  jj  »  ra»/j«j  domoi 'excellcntifsimiu  confirm  fi- 

are  there  abroad  in  JV<«»«,  Germany,  and  all  Countries;    yea  in  ai,  +f»*p,pri,v^ffafuU*.i* 

Enfland  we  have  had  fuch  great  perfons  of  power  and  eftace,  as  did  ^,w4,,,  #r4n*  "A*  *m(iifnm»  &  fnptrb* 

(in  a  fort)  ftaad I  upon  terms  with  Princes,  Lupus  Earl  of  Chefier,  the  ^SSj&^fcf CX 

Lord9  in  King  John's  time  mentioned  by  *  Paris,  Hugh  Bigot  E.  of  carai.  gi.  Mundi,  ;.  si$ 

Bungey,    whointhe  timeofH.  3-isfaid  to  utter  that  Rhyme,  *  Ifi  ""•"""'"  "">«"<> 

*  '  '  J  *""""»•  Mepnaaum    Ctituxrtcnfin 


If  I  Were  in  mj  Cttflle  at  Bungey, 

t)^o»  ffo  wffr  o/Waveny, 

Iwouldnot  fet  a  button  by  the  King  of  Cockney. 


conjurati  4r  cmiftdtrati 
Stephaaum  Ctftnaritn/iat  ^Ardiufifuf. 
Ctpttlem  ctnfemaneHm  habutrxnu  p.i  S  ♦• 


X.  Bigot  Earl  ot  Norfolk,,  Martini  of  England;  Bohnn  E.  of  He  refcrd  and  Efex,  Con-  ]Zfl^[ti, 
ftableof  England  ;  and  Gilbert  de  Clare  E.  oiChestcr,  the  Earles  of  Oxford,  and  Arstw  t-  us. 
del,  the  Duke  of  Norfolk^,  and  others  later  have  been  men  of  great  power  and  fortune ;  "ry£9de'Ej  Neu' 
to  this  day  we  have  fome  fuch  in  England,  but  yet  they  are  leflened  by  theLawcsen-  Mr.'tib  Philips 
couragement  to  induftry,  and  the  blelfing  of  God  on  frugality  and  gaining  courfesof  »/caPue  r«»«r« 
life,  which  fteal  upon  the  luxuriant  idle  lives  of  great  men,  and  undermines  their  for-  *'  *' 
tunes  by  its  thrift  which  often  purchafes  them  :    and  this  makes  England  ( though  not 
nutritive  of  Great  men  like  the  Aftan  Grandees,  or  the  German  Dukes  and  Electoral 
Bifhops,  or  the  Italian  Seigniors,  Dukes,  and  Princes,  who  all  are  Matters  of  Cartels 
and  Armies,  and  upon  difpleafure  will  call  their  Leidges  to  their 

defence^  when  in  England  all  men,  as  well  great  as  froall,  rich  as.    &&**? ffi""-  **&  "*»  ^h!TT* 
poor,  are  bound  to  the  peace,  and  muft  not  arroedly  difpute  with    "ra{T"£"«  t'X".«« lZJ?™l 
their  Prince,  as  Leeline  Prince  of  Wales  traytoroufly  did,  and  for    fihT^iaSn.jcimu,,n.  Paris.  />.«♦$. 
it  loft  his  life  and  Government,  and  as  all  Traitors  fince  have  done  to    r"°t'  **  *■ 
their  deferved  ruine  )  produce  what  is  more  confpicuous  in  the  Nation  ,  An  univerfal 
wealth  and  courage,  diffufed  among  the  people  of  all  Counties ;  who,  though  they  live 
near  one  another,  yet  do  thrive,  entertain,  negotiate,  marry  one  with  another,  and  M  P 

moftly  are  not  Malvicines  each  to  other,  or  do  ad  the  part  of  Aiangonells,  fling-  awb.WLti. 
ing  the  (tones  of  envy  and  dcftru&ion  each  at  other,  but  as  fair  gucfts  about  Prince  ci»e. 
Arthur's  round  Table  fit  merry  in  their  refpeftive  feats,  bearing  their  proportions  of 
fer  vice  to  their  Countries,  according  to  their  Sovereigns  pleafure  and  the  Lawesre-  Athemus  "in- 
quiry.    The  fummofall  is  this,  there  may  be  fome  abfoluter  and  more  fupreme  grf  at  '•'W>'<1-  '*•♦• 
men  in  other  Countries,  becaufe  they  keep  their  Tenants  flaves,  when  ours  are  free, 
and  make  them  drudges  and  beggars,  when  ours  have  eafie  lives  and  rich  purfes  un- 
der their-Lords,  who  let  them  good  penyworths  and  rejoice  in  their  increafe  under 
them:   but  the  Chancellour  fayes,  there  is  not  in  any  Country,  though  much  bigger 
then  England,  Tanta  htreditatorum  copia,  fuch  a  harveft  and  plenty  of  Socagers,  Free- 
holders, and  men  of  value,  who  have  whereof  to  leave  to  their  Heirs,  and  Executors  i1"*''-  •■  tit- 
after  them  (  for  Copia  come   a  con  &  ope,  plenty  of  any  thing,  copia  auafi  coopia,  as  /» 'r«  »£'Jl" m» 
modicum  ejuafi  medium)  fo  that  in  this  copia  hareditatorum,  the  Chancellour  intends  men  <#  «*«*  Jul.Sca. 
of  value  in  Lands  or  Lands- worth  (  for  the  equivalence  is  as  much  within  the  intent  of  «f  De^iantl!!' 
the  Text  as  the  thing  in  kinde)  to  be  as  it  were  thick- fowed  up  and  down  England, 
and  thick  come  up  -,    winch- facilitates  the  Bayliffs  labaue  in  every  Hundred,  to  fum- 
raon  his  Jury  upon  all  occafions. 

Vix  enim  in  ViHd  una  Regionum  aliarumreperiri  potent  vir  ttnns,  P  atrimtnio  fttf- 
ficiens  ut  in  Juratu. 

'Twas  in  the  precedent  daufe  the  Chancellour'saflertion  of  his  Country  England,  ""u™m(*nu 
that  it  was  fo  puked  and  fluffed  with  landed  and  c/iatcd  men,  that  in  it  fa  fmatl  a  Vi&c  f'Un"  C'antumj 
•r  Thorp  cannot  be  found,  wherein  dvelleth  not  a  Knight,  Eftfuire,  or  fome  Eree-holder  'fa'^wru'mM. 
cf  good  Lands,  or  all  of  them,  I  may  add,  and  that  almoft  every  where;    but  here,  *«■<«  fnd>nt. 
when  he  parallels  other  Countries,  he  fayes,  vix  evim  in  villa  una,  fcarce  can  there  in  J?'"*,"1"8  *""9> 
a  Ville  be  found  one  of  ability  tobea  Jary-man,  thatis,  worthy,  s.  ^.l.orzc.l.  p*Bediaoja£ 
a  year,  the  reafon  not  being  becaufe  the  foyle  of  other  Countries  is  not  fo  fertile,  or  dantc  oaii«. 
the  naturfl  ingenuity  of  other  Countrymen  left  then  ours,  but  onely  from  the  op- 
preffion  of  the  Great  men  that  fuck  all  the  nutriment  from  them  5  and  as  Pikes  in  a 

river 


i$6  A  Commentary  up  on  Fortescue. 

fUh  ,«.  »w  river  prey  upon  the  letter  f.  fhcs,  and  by  the  continual  drip  of  their  amazing  Grea'nef?, 
r.m\,*ifru*.  upon  wfoch  they  dare  not  call  one  conhdeiu  look,  they  become  poor.fpintcd,  bzy, 
tZJ'nTa  and  incogitative  to  progg,  and  ingenuoLily  improve  ibtir  lives  of  labour ,  forl« 
h,i,tur  cuflu.  them  advance  what  vhey  can,  'tis  but  to  add  heaps  to  their  Loid,  rot  a  grain  Jails  to 
c*r«  d.  gja.  thcir  ift  ujjf^yc  they  are  and  ever  mult  be  :  This,  This,  is  that  n  bith  not  onelr 
""  •  •  arraigns  their  Lords  of  ltfs  generofuy  then  i  he  Lyons  of  Jfri\ 

Dt Quydiuped.  Hus.  f  »'•  have,  if  Aldrov andtu  from  */£lian  do  not  mifkad  me  (who  when 

•  they  in  hard  weather  come  tOthe  Cottages  of  the  h'.oors  in  the 

d«u<«  t.  <,mUrufcdu»  imiw.  *-  Defarcs,  and  knock  at  the  door,  when  the  poor  woman,  keeping 
Stm  *d  tHiurMum  numn,  aiimmi  «*/«  lne  joor  {hut  anlwcrs  them  in  the  Meors  language  which  they  un- 
SSa£^/*SW£S  derftand,  'Tts  your  par t ,  as  Ktngof  thebeafts,  ftt* jmwij 4* 
MmauuuULtnrnnviaui  cmfitmn,  <]»i-  beafis  which  are  proper  for  your  food,  and  not  to  come  to  feek\  relief at 
km,  vera,  u..  r<f'  *<«•?*>' >•<''"     my  fMr   Cottage,  rehire  Urn  fo  far  from  plenty,  thereof  to  rtlttve 

in  ten  am    dtfxu.    dfliHt  ammo  iifiedit,       "IT  £    '  i     J  r     1  J I.    r       ■/  i    /•  , 

Aidiov.  u.  t.  dc  Quadtup.  p.  1 1.  beafis,  that  I  have  not  enough  to  feed  me  and  my  family  •,  theft  words 

dofocharme  the  Lion,  that  he  departs  a/hamed,  as  fenftble  he  hat  done 
an  all  difgracefull  to  him  :  This  I  fay  is  reported  to  be  the  genera- 
lity* of  that  creature,  who  abhorrs  to  opprefs  poverty)  when  as  ihe  great  men  abroad 
do  nothing  elfe  but  infelicitate  the  lives  of  their  Peafants,  Boores,  and  Villains,  by 
hard  exactions  from  them,  and  ftrait  allowances  to  them  •  and  by  this  keep  them  lo 
bv  i  cent  t     narrow-fpirited,  that  they  know  not  what  it  is  pennas  nido  m*)cres  extendere,  and  if 

2**  «.  any  of  them  aft  above  the  fphear  of  vulgarity,  'tis  by  the  fufflation  of  a  miracle,  or 

fomething  which  1  can  reckon  no  leffc  then  it  -,  lo  was  Chongius  from  a  dull  Smith  kin. 
died  into  a  bravery  to  become  the  place  and  power  oi  Chant  oiTurtarj,  and  to  behave 
hirafelf  in  it  bravely  againlUhe7">rt/;  fo.did  that  young  Sicilian,  who,  when  the 
Venetian  General  was  in  diftrefs,  offered  to  fire  Ottoman's  Navy,  which  he  did,  and 
when  he  was  taken,  being  asked  by  Ottoman  what  moved  him  to  do  it,  bravely  replied, 

m%atf*Bifuj  ./  tnat  jje  had  dene  it  t»  hinder  the  common  enemy  of  Chrifitndom,  and  that  this  attempt 

Venice,  f.  4M.  ^^  ^  ww/,  mre  glorious  if  he  might  as  cafdj  run  his  fword through  hi*  body,  as  he  had 
fet  fire  on  his  Galltes  •,  though  tbele  and  fuch  like  examples  there  may  be  of  mean  per- 
fons  low  bred,and  lowly  living,who  having  tbcfe  Towrcs  and  altitudes  in  their  mindes, 
look' upon  the  Valleys  below  them  as  too  mean  for  their  delighr,  yet  the  major  pare 

t"c&'i'C""'  being  accuftomed  to  nothing  but  toil  and  poverty,  do  not  in  [mm  ipforum  f,nnm  in- 
fpu^re,  but  content  themfelves  to  know  nothing  morethen  they  ought,  and  delire  no- 
thing beyond  what  they  have  .-  this  makes  thofe  vaft  Countries,  where  men  magna 
potentie,  &  magnarum  opum,  &  poffefftonnm  are,  to  be  barren  of  middle  men,  who 
amount  to  the  value  of  Jury-men,  That  one  ever gnwn  Giant  fiarves  all  his  Neighbour- 
hood, whom  his  Magnitude  fuffers  onelj  to  be  Pigmies. 

Nam  rare  ibidem,  aliaui  prater  nobiles  reperiuntur  pojfe[lores  agrorvm,  aliorumque 
immobilium,  extra  eivitates  &  muratas  villas. 

'Tisnot»«»9«4»butr*ro,  not  faid  by  our  Text  that  abroad  there  are  none  out  of 

Cities  and  Towns,  menofeftate  and  eftates  worth  (  Poffe (fores  agrorum  alter  umcjuc 

immobilium  )  but  feldom  or  but  few  fuch  :    Such  an  one  is  Rara  avis  in  terrk  nigrotjue 

ftmillima  cygno ;    One  of 'aCitj  and  two  of aTribe,  as  the  Scripture  phrafe  is  to  exprefs 

paucity ,  the  great  Priviledges  and  Poffeffions  are  referved  for  the  Nobles,  who  being 

the  braver  Spark.%have  the  glitter  of  efta  es  to  dazle  the  eyes  of  their  bumble  Valets  by. 

This  is'purpofely  fub joined  to  fhew  the  value  foreign  Lawes  put  upon  Nobility  of 

SiiMHi<m  mat  r«*,  and  to  thefe  onely  is  indulged  to  be  owners  of  Callles  and  Countries,  and  Offices 

fwdumnMc.mn  of  honour  and  renown  •,    for  though  in  Cities  and  Corporations  men  of  Trade  and 

c'aTau'Gi^'n-  Arts  ^avc  ^ ^ates  m  BurSa8e>  and  are  2reat  Bankers,  full  of  plenty  and  riches  to  live, 

di!"  j  11."         and  beftow  their  Children  by;    yet  the  Lands  that  lye  in  the  Country  arc  Granges  • 

and  Husbandries,  appertaining  to  Lords,  Kniglus,    and  Gentlemen,  who  arc  called 

Nobiles  a  la  mode  de  France,  and  to  whom  the  occupiers  and  dwellers  in  and  upon  them 

are  butfervants:    and  therefore  thefe  that  arefo  great  Mafters  of  all  that's  confpi- 

cuous  and  defirable  in  life,  ought  to  condder,  that  (  as  Philo  excellently,    T*  ai^nn^  ' 

Lit.  De  Nofcili-  &C. )  Nebititf  is  not  onely  mcafttred  bj  bloud  anddefeent  from  /Incefiors  ef'PtuW'effe, 

j^kc90*''05'  **'  h  fffinall  virtue  and  deeds  of  merit  in  hire  th^t  claims  it,  which,  if.  a  man  want, 

though 


A  Commentary  upon  Fortescue, 


197 


Titer  his  fisfiibus  prafmt  fid  <&•  frail* 
tadem  rtfilenduit  eUntate  ;  Ipfa  qttodAm 
modo  dignttas  in  jiemmatibus  vejtris  larem 
pofuit  &  domeflicum  faclam  efl  publicum 
decnt  ^itathar.  Oplliom  apud  Cafstod.  vai  U 
dr    lib.  6.  Ep.  16. 


Origo  ttfaj.tm  gloria  efl .last:  nobilitati  «*■ 
nhfattsr,  idem  volts  efl  dignitatis  ttued  vita 
prineipmm,  Var*  lib.  J.  tp.  S. 


Magna  al'undantia  laudis  efl  in  penuries 
Tttipubtica  vel  mediocria  munera  mermjj'e, 
Alathar.  Scnaiui   Ep.  41.  Vat.  lib.;. 


HujtiS  mall  caxfa  efl  nobiliam  in flif.it  am  . 
txui  res  tonfenlaneat  &  mtittta  ope  nixas, 
generis  ilaiitJtem  liter  arum^ue  peritiam 
coliidi  inter  fi  ejr  dijfiiiltte  \mtant,  muo  er- 
Tore  fafbhm  efl  ut  dljciplina  olitn  ingenna 
appelUia  ad  plebem  jamdiH  tranfiennt  non 
tanlHm  <i  mlnlthu  fed  etiam  .  0  mores  per. 
di:os  1  a  fairuotis  repudiata,ne  nongetme- 
f»s  effe  ir  latum  ,  antiflitum  ordo  prA- 
Jhlumaui  pMarelsir ,  lib. I.  ceAflcp.2.1. 
EUi:.  Vafcof. 


(a)  In  Tandelf,  p.  4;.  &  91, 


Note  this 


though  he  have  all  the  luftre  of  fucceftional  glory ,  and  be  of  a 
fatnily,  whom  honour  it  felf  has  been  entailed  to,  and  concentred 
in,  as  in  its  element-,  yet  no  true  Nobiityis  thence  devolved  on 
a  degenerous  fucccflbur :  King  Alatharicus  writing  to  Optlion , 
tells  him,  yyh.:ta  fpiritjng  Antfl>yhe  broke  out  from,  and  how  h- 
niform  the  virtues  of  biuret  her  were  to  thofe  of  his  father  ;  that  Nu- 
bility feemed  to  makj  his  fami'y  her  hive,  and  to  hitch  all  her  noble 
brood  in  his  Relations :  Yet,  when  all  is  thus  by  him  exprefled ,  he 
concludes  ;   Thxt  though  Honour  and  life  be  contemporary  to  them,  Jet 
if  virtue  be  mt  alfo  concomitant,  there  is  a  great  abatement  of  the  fuper- 
excellencjof  it.    Though  therefore  Nobility  be  a  rare  advantage  to 
every  afcent  and  confpkuity  of  life,  yet  is  it  chiefly  and  only  in  the 
account  of  God  and  wife  men  fo,  when  it  defigns  and  a&s  fcrvice 
to  God  and  men,  in  p.  omoting  his  glory  and  their  good  •  lor  this 
tO  do ,  is  to  exec! I,  Nebiles  effe  ejuafi  mfcibiles,  to  carry  the  badge 
of  their  honour  on  their  acFions  ^  which  is  more  Pompous  and  Mag- 
nificent then  trains  of  Lackeys,  and  vollies  of  Oathes ,  Then  con- 
tempt of  (tudies,and  of  lives  of  imployment  and  gainfull  fubfiftence, 
which  arefo  abominated  by  the  great  and  gaious  youth,  that  they 
deride  thofe  that  are  votaries  to  diligence  in  them,  as  ignoble  fpirits, 
and  by  wholly  waving  them,  leave  them  to  fuch  as  will  intend  them ; 
which  Budtus  fadly  bemoans  in  France ,  ar.d  others  may  as  fadly  in 
England :  wherein  truely  nothing  is  thought  noble  but  what  comes 
too  neer  idlenefs  and  prodigality,  contempt  of  Religion,  and  breach 
of  promife  r  which  God  knowesare  fofarr  from  being  gentle  and 
noble.that  they  are  immoralities  which  vitiate  the  faire  portray  turcs  of  mercy  in  thofe 
advancements  of  men  to  g.eatnefs  by  God,  whofc  vaflalls  they  are  ,  and  to  whom  they 
rauft  be  refponlible .-  Bat  the  bed  remedy  of  this  is,  to  pray  God  to  turn  the  hearts  of 
men  from  libcrtinifm  to  a  feverer  life ,  by  which  honour  will  have  more  preva- 
lence then  by  any  other  engine  •  For,  'tis  not  thecorufcation  of  an  Ancettour ,  or  fell. 
the  vapour  of  a  Title,  or  the  plenty  of  a  Revenue  that  Nobilitates  men,  but  th< 
wifdom  of  the  minde  and  acFion  feconding  thefe,  that  makes  a  confpicuity  and  venera- 
tion by  reafon  of  them-,  And  this  theTreaterson  Honours  and  Nobility,  put  the 
ftrefs  of  their  arguments  in  defence  of  it  upon,  fince  riches  and  force  are  nobilities, 
which  beafts  have  in  common  with  men  •  but  reafon  and  fagacity  is  that  which  only  is 
that  endowment  which  Men  and  Angells  have :  and  that  becaufe  they  are  made  to  be 
the  daily  Attendants  and  Courtiers  in  ordinary  before  God.     Though  therefore  I 
concur  with  the  excellent  difcourfes  of  Banholus,  CliRkovius,  Bonus  de  C*rtili,  Lucas 
de  fenna,  Lundtlphsts,  Pofius  Florentine,  and  others,  who  have  acclamated  Nobility 
not  more  elegantly  then  fo  Princely  a  fubjeft  requires  -,  Though  I 
allow  of  that  heroick  principle,  to  (land  upon  the  honoar  of  our 
Ancefkmrs  and  family  ,  yet  ftilll  like  the  aflociation  of  virtue  in  a 
divine  fenfe  with  it  -,  which  by  making  a  man  acceptable  to  God  (as 
Barthtlus  his  words  are  ,    Apud  dewm  ifte  nobilis  efl  quern  deus  fua 
gratia  gratum  fibi  fecit)  mikes  him  alfo  hononrable  amongfl;  men, 
which  St.  Jerom  applying  to  M*rcella,  made  her  truely  noble  in  his 
teftimonyo:  her:  other  Nobility abftrafted  from  this, is  Nobility 
reverfed,  turned  topile-turvy  ■,  like  that  the  Father  imputes  to  Hel- 
vidius  the  heretick,   of  whom  he  fayes ,  Nobilis  f alius  is  e»  fcelere ,  'tis  Nobility   Hiftory  v«i«.  p. 
in  the  fenfe  ■,  Lut  the  CurteK.an\%  called  Nobilis  fcorta  ;  and  the  place  where  the 
Romans  had  the  overthrow  faid  to  be  Nobilis  ille  clade  Romana  locus  eft:  And  the 
beft  fruit  it  produces  will  be  but  like-  that  miftaken  bravery  of  minde,  which  that  vaine  v»de  means  »«- 
Lombard  exprefled ,  whom  the  Venetian  Senate  decreeing  whatever  he  demanded,   ^^'J^'^Z  d» 
as  a  rccompence  for  his  art,  in  fetting  up  the  three  wondcrfull  pillars  in  that  City;  vn*mMi*rr,.aj»i 
berequeftedonelythe/rf„tfi6»,  7 hat  it  might  be  lawfx/l  for  all  dtce-plajers,  and  card-  fir'""""M"r- 

l  ill  '  l    r  I,  ■   I  /•  r  J  -r-k-  rl"  monbus.cjHaiH 

payers,   u,vt.ij  and  cheat  betwixt  thoje  pilars,  without  any  fear  of  funijhment :   inis,    rcf„g„  fangmne 
I  fay,  will  be  the  fequell  of  fuch  gallantry,  when  as  that  Nobility  that  is  mipgledwith  vHk«mrJ\'*A*^ 
piety  and  prudence,  rcfufesand  abhors  commerce  With  that  vice,  which  attoyes  the  dignity  cj^'ariib!'." 

Q^q   q  of 


Ityilitas  efl  diguttM  prtveniens  el  etnefi*- 
tione  ctari  fangmnis,   i  parentibm  origwem 
■  fttmms  ey  in  tiberos  legitimes  per    camim 
centinmata  [J urifi  tnfulti.  j 

7{liil  in  ea  laudato  nifi  cjHod  pnprmm  efl  , 
&  a  mblliul  ejHod  ex  tpibus  &  noblhtaf 
faffa  eft  paHpertaie,&  humilitate  nobitsor 
Epift  ad  'Vrinttpem  virginenu 


398  A  Commentary  upon  Fortes  cub. 

of  defctnt  bj  the  igntbilitj  «f  atlicn  :  By  all  which  it  appcarcs,  that  as  Nobility  has  pre- 
lerreney  to  plebeity,  fo  it  is  exalted  in  the  pofitivity  of  fuch  degrees  of  heroicifm  ts 
makes  Nobles  tranfeend  Vulgars  in  virtues  Divine,  Civil,  and  Politick  ■,  To  be  Noble 
for  Wifdom,  as  was  Solomon  ■,  for  Meekncfs,  as  was  Mofcs ;  for  Patience,  as  was  fib  ; 
to  dimm  and  ecclipfe  ordinary  excellencies,  as  Alexander,  Ariftetle,  Antoninus ,  C«- 
f^\"!Z1"'"'.   f*r,  Scipio,  TmBj,  MeteRus  did  their  contemporaries.Not  onely  to  be*  lineally  defecn- 
tir*rum  fnctm      ded  from  Nobles,  but  to  be  noble  in  thought,  word,  and  deed  ^  fuch  as  thefc  are  the 
h^u£/h%u"     true  •"'* "**>#',  «vhom  fnftini*n  calls  his  Nobles ;  not  onely  from  the  iheilds  in  which 
ym.  lib, «.  Bp.    their  Anceftorswere  effigiated,  but  from  the  notable  condud,  andun-tainted  loyalty 
i.&  iib.».Ep«j.    t2)at  tncir  deportments  in  the  trufls  credited  to  them,  difcover  of  them  ;  and  to  fuch 
Mobiles  as  thefe  too  much  cannot  be  attributed  .-  too  great  portions  of  Nations  be  gi- 
ves, becaufe  they  arc  of  men  in  Nations  the  beft,  'tis  fit  they  fhould  be  bell:  accommo- 
dated- virtue  is  a  valuable  confideration  for  any  purchafc  of  favour  and  fortune,  and 
by  reafon  of  the  impreflion  of  this  on  the  firft  blazing  ftars  in  Families,  did  Nobili- 
ty defcend  topofterity,  and  with  Nobility  great  patrimonies  to  fupport  it  in  a  decent 
and  becoming  Equipage  h  for  Honour  without  Eitate  is  like  a  ftomach  without  N:ear, 
a  very  great  and  unpleafing  burthen.  '  Therefore  wife  Governments  have  ever  exal- 
ted thofe  to  Nobility,  who  cither  have  had  ample  fortunes,  or  virtues  attractive  of  fuch 
ingenuity  and  diligence  being  magnetickof  them^  which,  though  it  be  not  ever  im- 
ployed  in  grofs  and  corporally  laborious  courfes  of  life  ,  yet  if  it  be  in  callings,  that 
equally  merrit  of  Governments ,  ought  to  be  fuitably  rewarded  by  them  :  And  here- 
upon,as  Peace  and  Warr  are  the  two  poles  on  which  the  world  of  Government  turnes,as 
the  common  fort  of  Arts- men  and  Labourers  do  follow  thofe  profeffions  of  Peace - 
fo  the  Nobles  and  Gentry  do  engage  in  courfes  of  Chivalry,  efpecially  in  France  ,wbcte 
the  Cavalry  is  made  up  of  them,  and  that  is  the  ftrength  and  glory  of  that  Kingdom  : 
For  the  Infantry  being  fo  kept  under,  by  their  indigent  and  fuppreflcd  lives,  arc  not  fo 
considerable  as  ours  are ,  whofe  fpirits  being  boaytd  up  by  the 
Ttiim  m  htiiuifi  &  finn  nadmt,  tpm     freedom  of  theLawcs,  vouchsafing  them  that  plenty  and  accommc- 
,p  »,  in  Cymric  Mi«jua  mn  firviii  mt    datjon  lnat  tncir  labour  and  parfimonv  acquires'to  them     thev 

,„,».  fid  libtr*  &npnf*  iegtnt.tttijHt  fi  JUCU  J  J  '  " 

aminF»*>  &  ?*>»''"  *°M"  in«°f»  are  "°^  and  brave  ipi"ted  in  the  field ,  and  as  ready  to  encounter 
fotifsimum  txertfett,  *A'ri<ti*  *uum  &  trieir  King  and  Countreys  foes,  as  they  were  to  beare  the  brunt  of 
;r::^rr>r^%Cr;  heat  and  cold,  early  aad  late,  wet  and  dry,  in  their  Country  em- 
txtft*»t.  <?»•  pro  mendicis  «<#•  cafmit  ploymcnt.  And  this  u  the  reafon  that  the  Commoners  of  England 
S±t:r?S»2^BfS•.  be'ng  land««> arc  fo  i'ubfidiary  to  their  Princes  and  Laws  ,n  all  kindes 
eetur.  w  «(/».  h.  7.  p.  *s-  £dit.  L*t.         of  aide  and  duty,  becaufe  they  have  whereon  to  keep  up  their  own 

fpirits ,  and  to  breed  their  fervants  and  fons  to  manly.and  lufty  cxer- 
cifes,  from  which  as  their  train,  they  afcend  to  ambitions  of  rivalry  witn  men  of  gene- 
rous birth,and  often  have  more  of  prowefs  in  their  minds  then  great  born  and  bred  men 
havCjfor  though  the  Nobles  andGentty  with  us  have  the  gre*  Royalties  ani  Demefnes 
the  vaft  eftatcs  and  revenues,  the  lofty  and  towring  Woods,  the  bottomlefs  and  rich 
Mines,  yet  the  Yeoman  and  his  fellows  have  very  much  riches  in  money,  land,  yea 
and  Royalties  too  in  every  Shire.    ,And  therefore  though  it  is  the  French  Crown's 
intered  to  keep  the  Commoner  poor,  and  the  Nobleffe  their  Cavalry  may  eat  him  up, 
and  he  not  dare  to  begrudg  their  hard  dealing,  but  crouch  and  cringe  to  their  Great- 
nefs,  as  thinking  his  unfwallowed  down  Carcafs  happinefs .  and  priviledge  enough 
for  him  to  have  ;  yet  the  Englijh  Commoner  is  on  better  terms,  live  he  in  what  part 
olEnglandhe  will,  as  remote  from  Neighbours  as  he  can,  yet  the  Law  is  his  Buckler, 
and  the  Nations  juftice  fo  juft  a  Guardian  to  him  and  his,  that  he  (following  his  honeft 
Vocation,  and  fcrving  God,  his  Prince,  and  Country  according  to  the  Laws )  need 
fear  no  man  further,  then  the  fear  of  prudence  and  civility  obliges  inferiours  to  be  dif- 
pofed  to  their  fuperiours  :  for  though  the  LaW  and  Cuftome  of  the  Nation  exclude 
High-fhooes  from  fcrvices  of  Honour  and  Command,  fuch  as  are  Deputy  Lievte- 
nantfhips,  Jufticefhips  of  the  peace,  Membcrfhips  to  Parliament,  from  being  Cap- 
tains of  Trained  Bands,  perfonal  fervice  to  Princes  at  Coronation,  ( 1  mean  near  their 
body,  according  to  the  nature  of  fome  Tenures,  and  fundry  other  things  of  the  like 
nature  •  )  yet  do  they  not  ftand  out-lawed  and  excommunicate  from  being  rich  in  land 
and  money,  free  in  houfe- keeping  and  cloathing,  but  are  what  the  Commoners  of 
France  are  not,  Foffeffores  agrtrum  aliornmquc  immobilium. 

Nobilcs 


A  Commentary  upon  Fortescue, 


199 


Nobiles  qmtjtte  ibidem  P  aft  ur arum  cepiam  pott  bjbent.~]    Though  the  Nobles,  who  Ridt<r>r-  vim 
are  there  all  thofe  that  we  call  Knights,  Efquires,  and  Gentlemen  (  for  as  by  the  Civil  ^a",!^' 
Law  there  is  no  Title  beneath  Knights,  the  reft  going  under  the  name  of  people,  fo  »s.»«. 
i  n  France  there  are  orxly  two  degrees,  the  Nobles  and  the  Commons)  though  the  No- 
bles, I  fay,  have  all  the  Country  Seats  and  Demefnes,  yet  are  their  Seats  not  furnifhed 
with  pafture,  grazing,  and  Meadow-Demefnes,  as  ours  here  are ;    for  Pafiurarum       • 
copiam  non  habent  ~\  and  the  reafon  is,  not  onely  becaufe  France  is  much  a  Hilly  Coun- 
try, but  alfobecaufe  its' fields  are  champaign  and  vaft,  far  from  improvement  by  In- 
clofure,  an  enemy  to  Horfemcn,  who  love  to  finde  or  lay  all  in  Common,  plain  be- 
fore them  ;  befides  it  being  an  In-Iard  Country  is  not  fo  irrigated  by  fweet  and  filver 
Rivers,  which  overflowing  the  banks  fertilize  the  conterminating  Lands  by  their  Inun- 
dation, as  other  Countries  which  lye  lower  and  being  deep  and  flat,  are  accommodated 
by  .-    and  therefore  becaufe  the  Nobles  have  not  fuch  Granges  and  Farms  whofe  Cre- 
Jl .v  grounds  feed  fturdy  Oxen,  fucculent  milch  Cowes,  deep  fleeced  Sheep,  andftall 
them  alfo  with  their  fweet- fented  hay  in  Winter  ,whereby  their  houfes  are  provided  for 
with  all  Subftantials  to  Hofpitality  j  and  of  the  Supernumeraries  fold,  buy  other  ad- 
ditions to  that  excellent  and  royal  Entertainments  of  Families,  which  is  peculiarly  the 
glory  of  England.     The  Trench  Nobles,  while  themfclves  and  their  retinues  with  their 
military  treatment,  when  their  Army  is  in  motion  for  the  three  or  four  hot  Months 
of  the  year,  and  the  reft  they  live  at  home,  plentifully  for  their  own  perfonsand  chil- 
dren, but  all  their  retinue  is  at  board-wages ;    for  fince  they  have  not  pafture  in  plen- 
ty, nor  muft  not  husband  things  warily,  as  men  do,  that  make  the  mnfi  ( as  we  fay  )  of 
their  own,    pinch  they  muft  fome  way  to  bring  their  revenue  and  expences  to  be  Ca- 
ter-coufins,  for  that  Principle  of  miftake  runs  through  the  warp  and  wouf  of  Great- 
ne&.  Thofe  callings  and  conrfesoflife  that  relate  to  Learning,  Corporations,  or  Agri- 
culture,  do  not  Stat ui  nobili  cenvenire,  fo  is  the  Text,  Vineas  colere  ant  aratro  me- 
nus impomre  (tatui  non  convenit :  "]   Which,  though  it  were  received  here  of  old,  when 
the  Civil  Warrs  of  the  Nation  made  Souldiers  thebeft  Trumps,  and  ruffed  off  the 
board  of  honour  all  the  flakes  of  wealth  and  place,  according  to  that  claufe  in  the 
Statute  of  Mertcn.  e.  7.  which  forbids  that  Wards  fhould  be  married  ViHanisy  feu 
Burgenfibuf,  ne  difparagentur,  yet  now  is  altogether  obfoleted  •,  Peace  the  Mother  of 
Arts  and  Miftrifs  of  Riches  bringingin  thofe  into  the  bed  of  honour,  whofe  fortunes  and 
merits,  dignifyed  by  the  Sovereign's  favour,  vouchfafed  admiffion  to :   fo  that  though 
in  France  a  Noblemans  eftate,  though  fmall,  may  not  be  inched  out  by  fetting  his  fons, 
or  overlooking  himfelf  the  occupation  and  improvement  of  it,  becaufe  it  is  below  his 
Greatnefiffo  to  do  ,     yet  with  us  nothing  is  more  ufual,  no,  nor  more  commendable 
( due  regard  being  had  to  moderation  in  the  degree,  and  consideration  of  the,  Farmer, 

whofe  calljng  this  chiefly  is )  then  fo  to  do  •,  for  though  we  do  not  Manns  arratro  ap- 
ftnere^  &  vine  as  celere,  which  are  the  imployments  of  perfect  Colones,  yet  to  infpecT: 
thofe  that  thus  doe,  and  to  order  what,  and  fee  accordingly  that  they  doe,  is  the  im- 
ployment  of  many  Gentlemen,  who  yet  keep  rayliffs,  and  notwitbftanding  finde  it 

neceflary  to  caft  an  eye  into  their  offices-,  nor  ought  any  man  how  great  in  birth, 

breeding,  and  fortune  foever,  difdain  the  knowledge  and  care  of 

the  Plough,  who  confiders  his  Progenitors  in  time  and  virtue  taken 

from  it  to  the  higheft  Atchirvments  -,  the  Romans  took  maHy  brave 

Citizens  from  die  Plough  to  be  their  Generals  -,  and  the  Families  of 

Ltntulm  and  Cicero  took  their  names  from  their  imployments  in  the 

Country  ^    and  though  the  Germans  our  Anceftors  did  not  much 

dote  on  Tillage,  but  rather  on  Foftage,  which  is  the  reafon  that 

Hiftorians  note  them  to  abhorr  it  as  unmanly,  and  to  commit  it  to 

their  women,  or  to  thofe  poor,  fpirits  whom  they  call  Burii,  pro- 
bably the  Swains  that  drudged  in  the  Farm,  which  we  call  yet  in 

fome  places  a  Berry  ;  yet  is  Tillage  a  veryufefull  imployment  and 

very  creditable,  which  befdes  the  Authorities  heretofore  in  this 

Chapter  and  on  this  argument  quoted,  is  confirmable  from  that  of 

Tnllj-,  who,  though  an  Orator  by  knowledge  and  profeflion,  fo 

applauds  ir,  that  he  gives  it  the  utmoft  courtefie  of  his  eloquent  mu- 
nificence,   Nihil  agricnltura  melius,  &c.  Nothing  if  more  prefitable 


~ir*>itl  Cincinnati  tuttr  etluUt  iilfatu- 
ram,  Serraaam  invenerc  ferentcm  obUtt 
honortt,  Lege  extmpla  Mpud  Call.  Catal. 
Gloria  Mundi.f.  414. 

Strabo  lib.q.&lib.  4. 

^Afruultitrt  non  ftudent  majorijut  ftrs 
\iRni  ctrum  Ufll.  cdfts.  &  Cfrne  fon- 
fifttt,  Cxfar  de  Anttq.  Germanis,  Com, 
hi.  4. 


Gluverius  Antiq.  lib.  \.f.  Ht. 


olK' 


'A»»Jf««    ¥()   %    X»WM««    Xj 

hut  >««!f yx*))-,  Strabo  de  Bri- 
tannis,  lib.  4. 

"ifijiil  *£rict*ltnr*  Wilms,  nihil  ubttitu,  ni- 
hil itdctfi.  nihil  libtnhttmnt  iignmi, lib. I. 
Offii  &  lib.  1.  De  teneft. 

and 


4-o< 


A  Commentary  upon  Fortescue, 


In  tmni  GiMia  ttrum  lumimm  i/ui  *!i- 
f  n<  /»M  unmera  atqnt  burnt,  dm  funt 
naff*  nam  f/«fo  pint  ftrvtrum  Imhiur 
Int.  nmftr  /«  nihil  dttdtt,  tr  mtlli  tdhi 
tctitr  (infilit.  Cxlai.  Commeai. W,  t. 


Cxpi 
lusTtaft.  T» 
Imptrat  milibui 
tligmdii.  In  vtrkt 
Nobilitatis. 


and  nfefuMthen  Husbandry,    nothing  fweeter  and  mere  worthy  a  frcc-fptrited man  then 
to  imploj  hit  time  andminde  in  and  about  it.'  And  therefore  for  Nobles  (as  France  calls 
'all  that  are  noc  cbe  common  people )  to  think  Tillage  or  Vine- 
drefling,  1  mean,  overlooking  the  diudpers  in  them,  noc  fiatni  [tto 
convemre,  is  more  from  a  huff  of  pride  then  the  reafon  of  prudence 
in  them,  for  no  man  ought  to  count  that  Calling  flaverj  that  brings 
in  pennj-favonrj  ;   and  that  it  does  when,  it  inches  out  the  fhortnefs 
of  rent- fortunes  to  more  capacious  put  pofes.-    Nor  are  Punctilio's 
nationally  to  be  Mood  upon,  where  they  are  not  credited  and  fupported  by  fome  for- 
tunary  Grandeurs :  and  therefore  fince  neceflity  is  the  Lord-Marfhal  that  determine* 
decency,  and  what  is  comportable  with  all  mens  eftates  under  it,  it  is  prudence  to  fob- 
mic  to  that  which  is  molt  for  convenience,  and  has  the  direfttft  tendency  to  prefer- 
vation  and  increafe  ^  which,  lnduftry  having  the  fuffrage  of  Nations  for,  encourages 
Nations  and  Princes  to  reward  eftates  with  Honours,  and  accouut  thofe  Honours  beft 
fupporced  that  are  well  underlaid  with  Revenues.     And  thus  as  ihe  Venetians,  Flo- 
rentines   and  we  do  account  Merchandife  not  beneath  a  Gentleman,  fo  did  not  Lewis 
thcTwclfth,  that  wife  and  worthy  Prince,  who  priviledged  the  Citizens  of  certain  great 
Cities  to  hold  noble  Tenures,  which  is  contrary to  the  Law  of  France,  and  gives  the 
calf,  cat.t.  gi.  rcaforii  quia  i ft*  Civitatis  habent  jura  Nobilitatisi  for  fince  thofe  places  do  benefit  the 
Bauhoi.'"' c*Po-  Crown,  good  reafon  they  fhoutd  be  benefited  with  honour  from  the  Crown  ;  which 
yet  the  French  do  not  generally  receive  for  a  rule,  for  Caffanaus  one  of  that  Countiy 
fayes,  ApHdnosGaUos,nobtles  ut  plurimum habitant  in  rure,  &  ibi  rejeEla  omni  mer- 
catura,  cultui  agrorum  {faltem  nun  multum  opulent i  )  &  ruftican*  rei  per  familiam  va- 
cant,Sic.  which  is  not  contrary  to  what  the  Text  fayei,  for  the  Gallants  do  attend  the 
Army  of  the  King,  and  what  time  they  are  at  home  they  do  not  think  any  infpeftion 
over  their  Revenues,  which  confifts  of  Vineyards  and  Tillage,  fnitable  to  their  ft  Ate, 
becaufc  their  whole  intentnefs  is  upon  the  Army,  in  which  they  are  brave  and  live 
freely,  commanding  whatever  they  pleafe  and  come  to,  and  when  they  are  from  that,  on 
hunting ;  and  this  humour  was  in  a  great  meafure  here  till  the  warrs  ( between  the 
Houfes  of  Tw^and  Lancafter  determining  in  H.  7-  )  ceafed  ;  for  then  the  Gentry  and 
Youth,  not  having  whereon  martially  to  bufie  their  mindes,ftll  to  fuch  callings  of  indu- 
ftry,  as  throne  by  peace  :  thus  came  the  younger  fons  of  coble  and  generous  families  to 
Corporation*,  as  A  pprentices  to  Trades,  and  to  Inns  of  Courts.and  Chancery.and  other 
callings  of  gain  to  their  future  decent  fobfiftence,  and  the  Commonalty  fell  to  tillage  and 
manual  labourite  bufie  and  fupport  the  multitudes  of  which,  the  great  men  of  England, 
who  had  depopulated  Farms,  which  brought  infrcquentiam  &  diminutiontm  populi  &per 
confeejnentiam  Oppidorxm,  Eccle(iarHm,  decimarum  &  fimilium,  as  the  noble  Hiftotians 
words  are,  were  fain  to  been  joined  to  reftore  Husbandry,  hereupon  by  the  Statute  of 
4  H.  7.c.  1 9.  there  was  a  penalty  for  decaying  houfes  of  Husbandry,  or  noc  laying  con- 
venient Land  for  the  maintenance  of  the  fame.which  Statute  though  it  were  repealed  by 
the  3  9  £/<■*,.  e.  1.  yet  bye.  2.  arrable'Land  made  Paflure,  fince  1  Eliz,.  was  again  to 
be  converted  to  Tillage,  and  what  is  arrable  was  not  to  be  converted  to  pafture, 
which  good  provifion  for  the  Plough,  the  main  engine  of  all  our  chief  fupport  for  life 
(bread )  brought  Husbandry  in  requeft,  and  with  it  riches,  plenty,  and  civility  of 
manners.    And  hence  by  the  blefting  of  God  comes  it  to  pafTc  that  our  Yeomen,  who 
are  the  ftrength  of  the  Nation  and  the  belt  fooc-fouldiers  111  the  World,  are  fo  much 
encouraged  and  in  fo  good  plight  both  in  purfe  and  courage ;  and  hence  comes  Juftice 
to  flow  fo  currantly  in  Juries  by  the  iubftantialncfs  ofthefe  who  are  numerous  in 
them  ;  which  I  am  the  longer  upon,  to  (hew  the  vanity  of  difdaining  honed  and  gain- 
ing callings,    and  preferring  an  idlenefs  of  (in,  fhifc,  and  want,  before  lives  of  buli- 
nefs  and  profit,  as  the  reward  and  compenfation  of  them.     Let  the  Nobles  of  France 
ftand  upon  honour  in  this  matter,    the  Gentry  of  England  finde  too  fatally  the 
unhappy  fruit  of  idle  children  and* relations,    and  knowing  lnduftry  in  Husban- 
dry, Trades,  and  Profeffions  of  Learning,  bleffed  by  God  with  heigthsof  Attain- 
ment, equall  to,  and  fomctimes  much  tranfeending   their  families  honour  and  e- 
ftate,  do  now  freely,  and  further  I  hope  willdifpofe  their  children  to  them  r'  for 
as  there  is  no  toyle  like  to  that  of  idlenefs,    fo  no  pleafure  better  returned  with 
peace  and  plenty  then  that  of  honeft  callings.     To  return  then  to  our  Chancellour  j 

this 


Ddm  Baeonus 
Cancellar.  in  c 
Hifi.  H;  7.  p.  44 
Ut. 


Utputrnfurtem 
fnnZ  Hgni  ~A 

rriiilu,   irmdid 
finis  Imminibm 

ntMciptiM,     & 

ftrpttnab*!.  Htm 

nitm. 


Nttt  thit. 


A  Commentary  uyon  Fortes  cue.  aoi 

this  being  premifed  to  introduce  the  parallel  of  England  and  France  to  the  producti- 
on of  Junes,  his  conclufion  is,  that  becaufe  Juries,  where  men  of  tftatearenot,  are 
multnm  rmvti ;  nor  to  be  had  in  Countreys  where  men  are  poor,  and  not  of  the  va- 
lue required  :  It  follows  ,  that  fince  alone  England  abounds  with  numbers  of  fuch 
qualified  men,  and  fo  neer  together  as  Jury- men  ought  to  be,  who  do  Veritatem  faili 
'  agmfcere  rations  vicinitatis  ,  Juftice  by  their  verdift,  in  matters  of  fad,  is  onely  have- 
able  in  England ;  which  1  fo  far  admire,  that  I  think  if  it  be  kept  up  in  the  honour  of 
it,  as  I  hope  our  V  afters  the  Judges  will  fee  it  (hall,  we  in  England  (hall  avoid  that  too 
true  Charader,  that  the  Ere nc h  Ghancellour  gives  his  Country,  flxc  Eunomik  gallia 
non  regitur,8cc.  By  this  good  laVo  France  is  not  governed.    In  which  « 

there  is  treat  indulgence  te  vice,  and  rare  rewards  tovirtue  ;  Vphere  to  Vt  ""dtfiifiim*  cmqut  &■  imuati*  pr*z 
blmifb  nsenof  worth  and  wifdom  is  fo  fluent  ;  where  recoveries  of  £*  ^^S3"*3£ 
right  i <y  faite  is  fo  dubious,  that  mode  ft  and  good  men  were  better  loofe  harm,  <B  latjrimhifii  aiatiamm  fimiim 
thdr  right,  and  be  quiet,  then  fe^the  recovery  of  it  with  fo  much  j£?fZZ?£$£tt 
trouble,  and  fo  little  certainty  of  obtaining  it :  Thus  the  Chancellour,  ?<«  ^mrUni*m  pwptti.mUt  indtgnLtc, 
whofe  words  I  modeftly  tranflate,  that  1  may  not  offend  many  of  our  d""rare  ™"3e  fit  ■  Budsus  <»  /««&?. 
Gallan:s,  who  are  fo  Frenchified,  that  they  difpife  every  thing  almoft  p  ^  *T>  v*Mm '" fil"' 
that  is  Englifb  :  Though  therefore  no  man  can  deny  to  France  that 

which  God  has  made  it  remarkable  for,  that  it  has  an  excellent  ayre,     Terr*  tft  fiumemi  pr*<ipu,  &-pab»nfcux 
plenty  of  corn  and  food,  furniture  of  men  and  arts,  quick  and  com-     *"  ''■"*"*  '«««*»«•*«»■  Pompon. 
modious,  that  it  istherifing  fun  that  looks  to  be  adored  ;  yet  do  I     s*th.  '  '  3'        -r>-     '  P* 7"  £<6>" 
not  joyne  With  Blondus,  Langolins,  Bonaudus,  Textor,  and  Cafana- 
us  in  their  Hyperbolicks,  when  they  make  that  Prophefieof  the  2  Daniel  44.  where 
God  it  faid  to  fet  up  a  Kingdom  that  never  fhall  be  deftroytd  -,  and  the  Kingdom  fball  not   *"J"£  f™c 
be  left  to  other  P  topic,  but  it  (hall  break,  to  prices  and  confume  all  thofe  Kingdomes  :  -to  be  pramm' pfltlr' 
meant  of  France  ;   which  for  greatnefs  of  virtue  ,  probity  of  manners,  counfeU,»pru-    ,u"d-  Cafi«B- 
dence,  civility  jojued  with  piety,  and  military  skJU  is  infer iour  to  no  Nation  in  the  world.  4Lp.s?^  MU~ 
Though,  I  fay,  I  fhould  grant  to  France  much  of  this,  yet  there  is  yet  an  addition ,  Tex^or  *  Ep'- 
to  be  wifhed  it,which  a  learned  Frenchman  made  long  agoe,  (a)0  beatam  futuram  Gal-  ^jB„dlus  Can. 
Ham  ft  tarn  centig'ffet  heros  habere  frugi,  cjitam  bonos  habere  folet^  yea,  and  for  all  this,   cdliu.M.4  deaf, 
though  it  were  granted  to  be  fo  happy,  Vt  hie  PaUadem  cum  Baccho  certart  videretur,   £ ''",'  f  "***'• 
as  Calamus  his  words  are ;  yet  in  the  Juftice  of  it's  Trialls,  'twou'd  (under  favour  of  f.  "*%'.   '   "" ■ 
all  the  prcalledged  Characters )  come  beneath  England ;  For  here  the  pooreft  fubjed 
cannot  be  injured  in  his  goods,  or  body,  but  he  has  remedy  by  a  Jury  of  twelve  men , 
and  the  like  for  his  life  ■,  forcaft  hemuft  be  by  them,  or  die  he  cannot-  when  as  there 
is  not  aMarfhall  (if  Marfhall  Biron  be  to  be  beleived,  and  why  he  fhould  not  I  know 
not )  can  be  free  from  being  accounted,  and  condemned,  as.a  Traytor,  by  the  fingle  te- 
ftimony  of  one,  thoHgh  a  bafe  psrfon,  as  he  alleadged  La  Fin  to  be,  who  had  bewitch- 
ed  him  by  the  potency  of  a  charm,  and  an  image  of  wax,  which  deluded  him  into  a  be-  "iftory  *><">"»« 
leife  he  fhould  be  King  of  France  ■,  but  from  fuch  fedudions,  delufions,  accufers,  laws   194*. ''  l°*%' 
and  ends,  good  Lord  deliver  us .-  And  fo  I  end  this  Chapter. 


CHAP.  XXX. 
Tunc  Princept.  Comfarationis  ediifas  effe  licet  dixerimus,  &c. 

THis  whole  Chapter  is  bur.  introdudionall,  of  the  Prince  replying  to  the  infinna- 
tionsof  the  Chancellour,  concerning  the  Juftice  of  Juries,  andthepofsibilityof 
having  them  in  England  above  other  Countreys  ■,  To  which,  though  the  Prince  is  pro- 
duced, mildly  anfwenng,  yet  in  that  is  there  muchftrenuity  exprefTed,  in  refrafting 
thofe  hightnings  that  the  Chancellours  love  to  his  Common  Lawes  Languaged  it  felfe 
by.  Now,  though  the  Prince  waves  comparifons,  as  engines,  rather  to  advance  hu- 
mour, provoke  pafsion,  and  manifeft  pride,  then  to  dilucidate  truth,  and  to  lay  open  the 
candidates  to  a  true  judgement  .•  yet,  in  that  he  keeps  to  a  modeft  afTertion  of  the 
Civill  Law,  and  ftatesit's  Regency  and  Authority  in  the  Continent,  whereof  France 
is  a  part  •,  though  he  allows  the  Common  Law  the  fame  favour  in  this  Ifland,  he  does 

but 


aoi         A  Commentary  upon  Fortejcui. 

bat  right  without  inconvenience  to  either  Lawes,  and  the  contenders  for  them  fince  all 
the  zeal  and  fervour  that  men  paflionatcly  appear  in  to  iheaverrmentof  their  darlings, 
isbutthatfquibofwit,  which,  though  it  foars  high,  and  blazes  in  the  firmament  of 
popular  admiration,  evaporates  and  diflblvcs  in  a  crack  and  lffue  of  nothing  but  fmoak 
andftench^  for  God  that  made  nothing  in  vain,  but  has  given  every  living  thing  noc 
onely  breath  but  pabulary  fubfiftcnce  for  its  continuation,  and  a  providence  of  fup.  . 
port  to  make  that  by  his  benedf&ion  effectual  to  that  end  •,  that  lame  great  and  good 
God,  direding  Neighbourhoods  to  join  into  Cities,  Counties,  and  Kingdoms,  and  to 
be  governed  by  Rules  and  Lawes  of  prudence  and  order,  has  no  doubt  fitted  every 
thing,  not  Lawes  excepted,  to  every  Country,  and  every  Country  to  the  Lawes  his 
wifdom  in  the  humane  nature  appointed  for  them  ■,  and  the  Lawes  of  one  Nation  will 
univerfally  no  more  fit  another,  then  all  cloaths  will  fit  one  body,  or  one  bodies  pro- 
portion fit  every  bodies :  In  the  common  Principles,  Lawes  in  civilized  Nations  all 
agree,  though  in  the  particulars  they  differ,  as  cloaths  made  all  of  one  fhape  for  mens 
bodies  doe  in  the  more  or  lefle  of  them  •,  and  as  that  is  the  befl  fiat  of  cloaths  that  befl 
fets  forth,  and  moft  accommodates  the  body  wi:h  warmth,  agility,  and  defence  a- 
gainft  injury,  fo  is  that  the  bed  Law  for  any  Nation,  that  molt  promotes  its  peace 
piety,  and  wealth,  and  impedes  the  cankers  and  fubverfions  of  them  ;  which  fince  the 
Civil  Law  does  abroad  (  and  for  ought  1  knowdeferves  in  that  regard  that  character 
which  a  learned  Profeflor  of  it  gives,  That  if  aS  the  Rules,  Maxims,  Confiitutions, 
Dr.  Ridley  in  kit  and  La^es  of  all  ether  people  and  Countries  mere  fsit  together,  I  except  none  (faith  be) 
MdCMtn'un!'  favethe  Lames  of  the  Hebrews  which came  immediately  from  Cod,  they  are  not  ecm- 
t-  }■  f  arable  to  the  Law  of  the  Romans,    neither  in  wifdom  nor  canity,  neither  in  gravity  nor 

inefficiency,  thus  largely  he^)  yet  notwithftanding  all  this  ( which  truely,  being  taken 
pro  ctmfejjo,  is  very  much  for  the  honour  of  thofe  Lawes )  the  Common  Law  of  England 
has  that  fpecifick  energy  and  adaption  to  the  Land  of  England,  as  no  Law  in  the  world 
The  AH-  hath  or  can  have  :  And  1  pray  God  I  and  mine,  and  all  the  true  men  of  England,  may 
thour's'wifh.  live  and  dye  in  the  love  and  under  the  obedience  of  it,  and  of  the  Protedors  of  jr 
Kings  j  and  their  Counfellouis,  Parliaments.    And  fo  I  end  this  Chapter. 


CHAP.  XXXI. 

Sed  licet  non  infime  Cancellarie,  nos  deletlet  forma,  qua  Leges  Angliae  in  contents 
nib  us  revelant  veritatem,  &c. 

TN  this  Chapter  the  Priace  is  perfonatedasfcruplingthegoodnefsand  lawfulnefs 
of  Juries,  by  reafon  of  the  feeming  oppofition  the  conftkution  of  them  has  to  the 
Law  of  God  ■,  for  the  Prince,  fuppofing  thac  God  in  Diut.  17.  6.  fettled  the  deciGon 
of  matters  upon  the  meuth  of  two  or  three  Witnefles,  does  exclude  all  determinations 
of  judicial  caufes  from  any  intereftin  them,  but  what  is  of  the  nature  of  thatconfti- 
tution,  which  the  prince  fayes  was  a  proof  according  to  the  Law  of  nature  and  reafon, 
and  not  a  temporary  Law  in  the  ceremoniality  of  it,  determining  with  the  Jcwifh  Po- 
lity, which  the  Scholes  call  Vet  us  Lex  figurx  vel  umbn  ■,  and  therefore  our  Lord,  who 
was  the  diflblution  of  whatever  was  not  moral,  but  by  his  coming  abrogated,  con- 
firms this  to  the  Pharifees  in  fohn  8.  17.  and  Grotiushya,  that 
this  was  fo  generally  received  that  it  became  proverbial ,  andfobe 
takes  the  mcariing  of  JohnZ.  17.  &  2  Cor.  13.  1.  yea,  becaufe  the 
weight  of  proofs  (hall  not  befcanre'd  ana1  want  its  full  ad  vantage, 
the  Holy  Ghoft  adds  two  or  three  jvitnetfes,  not  therby  onely  to 
exclude  one,  but  to  take  in  a  third  tor  down  weight  if  need  be  •  and 
this  is  the  reafon  undoubtedly  why  the  Lawes  of  Nations,  and  our 
Law  chiefly,  though  they  allow  two  Witnefles,  good  and  fianch, 
proof  enough,  yet  they  look  upon  three  as  the  fuller  evidence  ;  as 
in  Company  the  more  the  mcrryer,  fo  in  Evidences  the  more  Wit- 
nefles, the  more  unqueitionable  the  truth  of  their  evidence  ;  and 
therefore  our  Lord  does  not  plead  Prerogative,  As  he  was  the  truth, 

and 


Ctttrum  Lex  if*  Molis  priprie  *d  faRi 
controverfium  pertinent ,  in  Treverbium 
tranpit,  ita  ttt  de  rebut  tliit  ttfmpuur,  • 
Groiius  in  Maith.  tl.  if. 

Hot  dkit-ne  pafiim  fed  cum  diftntime 
nd  judicium  minis  pnttdttur.  in  quo  com- 
pejci:nrmaliti*mvidorHM,  Hugo  Catdm. 
m1)eut,  17. 16. 

Sub  teftitftonto  trium  feribit  ottmit  malut, 
&■  fulvabimr  ornnis  fonut  ;  Tatriifcilicet 
Filu  fr  Sp.  SancH  fit  pecentoris  condem- 
natio  erit  fttb  tejlimmt  cordis,  orit,  e/erb, 
Hugo  Card,  in  loc. 


Matth.  it.  U. 


A  Commentary  upon  Fortesoue.  4.03 

and  ought  to  be  believed  npon  his  own  affertion ,  but  he  appeales  to  the  Lawyers 
themfclves,  who  were  his  great  oppofites  ,  and  critically  carped  at  him,  and  exhibits 
himfelf  forinfecally  to  them,  as  one  that  ought  to  be  credited,  becaufe  his  words  and 
works  had  the  teffimonyof  God  by  miracle;  and  of  their  confeiences,  by  the  con- 
viction of  thereupon  what  he  faid  and  did  :  and  therefore  he  fay es,  having  approved 
himfelf  according  to  the  method  of  their  own  Law,  from  the  appointment  of  their 
own  Law- giver  „J/*/f.r,  not  to  bcleive  his  words  thus  attefted,  was  not  onely  to  con- 
terrne  Mofes,  but  to  proclaime  their  enmity  and  malice  againft  him,  who,  by  tcfiimony 
Jundick,  was  affi  med  to  be  the  true  God-man  he  affei  ted  himfelf  to  be:  This  is  the 
•  Princes  ebjeftion,  that  in  as  much  as  God  had  fet  down  the  way  of  condemnation  to  be 
by  two  or  tbret  rfttntffes ;  and  Chrifl  the  new  Law-  giver  confirmed  this,  and  fub  je&ed 
himfelf  to  the  manner  of  triall  concerning  the  truth  of  his  Do&rine  and  Divinity  ; 
Hgi»  legi  contraire  efl  legi  divine  refragare  :  that  is,  to  prefcribe  another  method  then 
what  God  has  fet,  is  to  wander  from  Gods  appointment,  and  to  comrardid  the  wifdom 
of  God  the  Father  in  the  pofitivity  of  his  appointment,  and  of  the  fudge  cf  qttic^aud 
dead,  who  approves  it  ^  yea,  'tis  to  fet  up  mortall  weaknefs  againft  immortall  Power, 
Goodr.efs,  Wifdom,  ar.d  ^overaignty,  which  is Treafon againft  the  Soveraign of  our 
foules :  Nemo  mint  ptteft  melius  ant  alittd  fundamentttm  \onere  quant  pofhit  dominus  , 
faith  the  Prince  in  our  Text ;  and  upon  this  doubt,  not  narrowly  or  pufilly  raifed ,  buc 
breaking  forth  from  reafon  and  piety  regnant  in  him,  and  evidencing  it  felf  in  the  pro- 
pofalloi  itssrrcft  to  his  gravity,  who  is  able,  ready,  and  willing  to  enlarge  it,  by  his 
resolution  of  the  difficulty  does  he  apply  to  the  Chanceiloar ;  this  is  the  fumm  of  this 
one  and  thirtieth  Chapter. 


CHAP.     XXXII. 

ChnnceUnrins,  N*u  his  quibtts  turbtris  Princeps  cotstreri/intMr  lege:  Angliae  licit 
tliter quo  dammtdo  in  dub  lis  iff*  eliciunt  veritsttem. 

HErc  the  Charcellour  endeavours  anfwer  of  the  perfonated  Prince  his  expectation, 
and  that  in  :he  folution  of  thofe  doubts  which  he  in  the  prccedentChapter  raifed.to 
the  difcharge  of  which  undertaking  he  applies  himfelf  not  with  the  levis  «rm*tura  of 
words  ,light  in  iheir  nature,and  cheap  to  utter,for  then  his  reply  had  been  like  thac  x»- 
>/<A>'r«v  p*a*<t.,Qr  Swallows  ntft.wherein  the  Poets  tell  us  thereis  great  noife.but  no  mu-   t  chil 
fick.nofuchhail-fhotdoeshefromthe  birding-piece  of  a  bombafte-Oratory  difcharge   ^tdaj.!,  p.**7, 
on  the  Princes  reafon  rampier'd  up,  and  in  a  kindeof  civill  hoftiliry  againft  him,  with  no 
fuch  mean  and  trifflir.g  lime  twiggs  does  he  hope  to  catch  this  bird  of  Paradife  with.-but, 
knowing  him  to  have  a  Kingly  reafon,  and  to  anfwer  in  a  foulary  plenitude  his  Maje- 
ftick  birth,  andcorporall  fan&ity,  poures  forth  upon  him  a  volley  of  folid  reafon  and 
judicious  gravity  •,  by  the  force  of  which  cannon-fhot,  fo  artlily  levelled,  he  doubts  not 
but  to  batter  the  brcaft-works  raifed  againft  him,  and  to  gaine  thofe  Towres  of  oppo- 
fition,  from  whence  thefe  artillery,  on  him  played  ;  And  the  better  toeffed  this,  he 
yeilds  to  the  Prince  in  that  which  is  the  ground-work  of  this  fcruple ,  thatwhatGod 
fas  appointed  as  a  moral  I  and  fixed  rule  is  irrcmoveable  -,  and  to  wave  it,  or  wander 
from  it  is  contrtire  divine,  legi,  to  rebell  againft  the  Divine  Soyeraignty,  which  is  the 
higheft  facrilc*dge  :  This  he  grants^  yet  docs  he  hold  his  owne,  in  denying  the  Princes  ymuk.io. 
ir-terence  :  For,  though  the  Old  Law  does  appoint,  that  in  the  mouth 
of  twoer  three  fVitn'jfes  every  wsrd'/haS  be  efttblijbcd ;  yet  does  it     Lex  w*  »m  danmindt  cite*  ctrnmnU 
not  take  away  all  prudent  improvement  of  that  prefcription  to  the    *'•*  **  ******  »« t"'<t«at"'m°"!i* 
end  of  it's  initiation ,  but  under  the  latitude  of  that  remedy  ad-     f™  £  """  '*  u   St>  rkom-<<^- 
mit  whatever  after- experience  (hall  difcover  neceffary,  to  obviate 

after  viilany  th«  defeat  of  God's  intention  in  that  prefcript,  to  u%  vm>  nuVtr.t^u  «mf<m*iat  ««»- 
wb,ch  undoubtedly  that  Law  of  Mofes  was  too  (hort  in  the  letter,  ^t^S^^% 
as  mother  things  it  is  fuppofed  tobe;  And  thereforeastheNew  «»>  induwi.  st.Thom.  i.sumi*.  qV 
I  aw  being  (as  the  ccholes  term  it )  Lex  veritatis  •,  fupplied  that  in  »* 
the  mainc  things  that  concerned  the  grace  of  men  and  the  glory  6f 


i  Ctnt. 


Ctntrtirt  vtl  «»- 
triiitert.  Gla»- 


arc.  1. 


God^- 


464"  A  ^>ommCntary   UP0*1   FORTESCUE. 

God    to  which  it's  promulgation  is  the  rule  and  line-,  fo  does  the  Lawes  of  Nationall 
prudence  conform  to  the  Moftick.Norm  in  the  Moral  and  Natural  rules  of  it,  though 
they  may  alter  and  vary  ih  fome  explanatory  methods,  or  additions  of  circumftancc 
ii^ZJSZ.  adapted  to  time  and  men  ■  the  liberty  whereof  may  be  conceived  indulged  to  Govcrn- 
m  ib «  ftmm  *    ment   by  the  M*fn*  Charta  of  Chriftian  liberty  ,   to  thefe  notable  and  r.oble  ends  of 
'"d  rir"^   carrying  on  order  and  Juflice  in  the  World:  And,  of  this  nature  is  the  addition  of 
TmSrhlm.!.!.  Juries  in  EnglandutMO  the  two  or  t hree  witntffes,  which  our  Law  does  notdo4/?*«fc«i- 
q.i».arr.i.         ^  a$  jf  lt  arrogated  a  power  of  antiquation  in  the  point  of  v/itnefses  (for  the  Law 
does  every  thing  by  witnefses,  where  witnefses  can  be  had  that  are  fidedigni,  which  ihe 
Lawes  of  God  and  all  Nations  enjoyne  : )  but  it  adds  to  witnefses,  Juries ;  nutn  pru- 
dcntU&fub  ratione  mtjoris  certitudims,  v/houyon  their  oathes  and  confeiences  are  to 
Judge  whether  they  think  the  depofitions  are  true,   and  the  witnefses  creditable  in  that 
they  have  averred :  lor,  as  in  bonds,  the  fecuritymen  have  by  lureties  bound  with 
the  prime  debtor,  does  not  make  the  payment  of  the  debt  lefs,  but  more  fure  .•  fo  in 
matters  of  witnefs,  Juries  empannelled  to  hear  and  vcrdift  a  caufe  in  Triall,  does  nor. 
depreciate  and  abate  the  juftice  of  decifions  by  Veitntjfes,  but  enhanfe  the  reputation, 
and  imply  the  more  credit  and  confeience  in  them.    And  hence  1  humbly  conceive  the 
Law  of  England  may,  on  good  grounds,  be  argued  a  very  pious  and  juft  Law,  in  that 
it  takes  all  advantages  to  promote  Juftice,  the  great  foder  of  civill  focieties  •  and  that 
Deut.17.  s.c.i,.  noc  onely  by  Veitncffes,  which  God  prefcribes  fignally,  but  alfo  from  that  honour  he 
does  witnefles,  by  terming  himfelte  by  that  Name.-  fob.  16.  16.  Mal.2.  14.  and  by 
terming  his  holy  Spirit  the  Vritncfs  ■,  'and  hi*  holy  Apoftles  yeitnefies .-  all  which  proving 
his  approbation  of  witnegci,  concludes  the  Lawes  wifdora  and  juftifiablenefs  in  allow- 
ing witness  ,  and  without  them  (where  to  be  had)  ordinarily  doing  nothing.  But  yet, 
hence  is  there  no  ground  to  conclude  that  the  addition  of  Juries  is  fupererogative , 
and  not  onely  more  then  needs  muft^  but  a  (infull  fupplement  to  that  which  is  already 
perfedt-  which  fufpition  theChanccllour  takes  off  in  thofe  words,  Ne»  contrariantnr 
licet  alittr  auodammodo  ipfe  in  dubiis  elieiant  veritatem  :  3  which  is  as  much  as  if  in  other 
words  I  humbly  conceive  hisfenfe  had  uttered  ;  That,  though  there  be  a  variation 
of  the  method  in  fome  adjuncts  to  it ,  yet  no  aberration  from  the  end  ,  difcovery  of 
Juftice :  For,  as  the  intent  of  God  was  not  the  prccife  letter  (fuhence 
7      j  it   -!  •»„.  &™  io,     then  the  number,  two  or  three  witntSes,  how  falfe  or  fordid  foever, 

r<r/H»wri  monbus  Hebrtu  mn  ubem  ».     malt  have  been  his  appointment,  without  any  limitation,  which  bc- 
mmn.Mm*MtM^ntndtam,fjm(*-     jnfi  the  deftru&ion  of  Tuftiee.  cannot  be  the  far.ftion  of  the  great 

vampotl  ntiluttontm  em  dt  tltt-uiilittm,  »  .  i       •      „  m.  •        r  i-  ...  .  ,F 

fubuLni  pi  pin,  *<!•»  «<x««« .  t*fr«rn     Jufticer ,  who  is  Snmmvm  jtts  fine  ahena  injuria  macula  •,  and  being  _ 
&fi  qui  alii  m  f*ait*m,  <jm  vtrbtnbm    contrary  to  his  will  in  other  places  of  his  LaWi  would  imply  contra- 
SSjyjE-C:  M-SS    d^n,  which  is  odtous  to  Godj  fo,  to  keep  to  ,»  or  three  witnef. 
t*riM*>4titri,Giot.  in  c.i7.  Dew.  6.        Jei,  where  they  prcfumed  to  be  true  may  be  otherwife,  and  not  to 

admit  that  which  may  difcover  them  to  be  otherwife ,  as  Juries  (ad- 
ded to  them)  inthetriall  of  acaufe  and  judgment  on  it  may,  is  not  againft  the  Te- 
nour  of  the  Enaftion  of  God,  in  the  maine  intent  and  drift  of  it  •  for  that  being  the 
difcovery  of  truth,  and  the  delivery  of  Right  from  all  Combination  againft  it,  is  pur- 
fued  and  attained  in  this  way  of  Triall  by  witntffes  and  Juries. 

Not  that  the  Law  wholly  rcfts  on  Juries,  and  decides  nothing  by  witnefsts  without 
r'  "nKr'uf^/m"  them  >  For.that  in  certain  Cafes  it  does,as  hereafter  in  it's  proper  place  fhall  be  {hewed, 
IfsZki  &  w.  i'  but  becaufe  the  Law  introduced  Juries,  Pirfti  to  clear  truth  more  againft  falfchood  and 
u  cmidi,Ai.  ^  confpiracy  then  otherwife  it  could  be  :For  were  Veitnefes  only  taken, that  might  pafs  for 
fduZ^ngTm  currant  which  is  adulterate,as  in  that  notable  record  cited  by  Ur.Selden  on  this  Text,  in 
it  fnjurio,  fa™,  tnc  Bifhop  of  SallsburUs  Court  at  i'»»»'»^,whereof  the  Entry  is  fvillitlmusproducit  f- 
iTutd'dt'im}'*-  tt"m  fmm  &  »/*/*  1H0S  producit  per  ft  difcordautesfant  in  myitis  &  in  tempore  &  in  Aliit 
fnta  rapina .  cf>*  circHmfttntiis ,Scc.W*ltclinus  producit  feSam  <\ui  toncorduti  funt  in  omnibus  &  per  omnia, 
"T/i>T  d"f.n'  &  ^tmt """"'  V01  *Pfe  frodmit  profeiwhi(.h  fhewes  the  ufcof  Juries  to  judge  whether 
iufZ^ulnZi  of  the  parties  witneffes  are  moft  creditable,  and  accordingly  to  verditft  the  matter  :  ano- 
iw  vdumtuH  ;«.  thcr  ufe  of  Juries  alfo  there  is  to  prevent  the  incertainty  of  judging  integrity,  and  ii's 
t.'lIi'dZihiZ.  tontrary  by  dubious  events,  wherein  God  is  not  ever  plcafcd  to  evidence  his  pleafure 
Guil.x.  P.177.E  to  the  determination  Of  right,  but  leaves  them  to  the  empire  of  fecond  caufes,  from  the 
d',TWton  w  conc'ufi°n °f  which  there  is  nothing  peremptorily  collectable ,  fuch  as  were  triall  by 
^"X""  "    '  Grdeal  of  fire,  which  was  in  ufe  temper:  of  the  Conquerour,  or  by  Duel!,  Combate, 

and- 


A  Commentary  upon  Fortescue.  4.0* 

and  Battel,  of  which  GUnvil  fpeaks  in  thofe  words^  Per  DueSum  pcteft  placitum  cluwilfifc  iu 
terminxri,  which  was  antiquated  in  Henry  the  Seconds  time,  when  GUnvil,  treating  of  °' l* 
the  Great  A  flife  brought  in  place  of  it,  f.iycs,  Ex  d^uitatt  maxime  prntitacfi  It ga- 
lls inftitKtio.      fus  turn  quod  pofi  multas  &  lor.gas  dihtiones  vix  evincitur  per  duellum,  Id"al'b- *• '• I9- 
ftr  bencficium  iflius  cenfiitutionis  cemmodius  &  acceleratius  expeditur,  fo  that  Juries  spelmin  «.**& 
coming  in  and  antiquating  thefe,  there  is  patefa&ion  by  them  to  more  certain  juftice  DMk,<*ifc 
then  other  wayes  was  ^  all  which  well  weighed  amounts  to  the  Chancellours  pofition, 
that  Juries  with  Witnefles  do  p©t  contradid  the  divine conltitution,  licet  aliter  quodetm- 
modo  in  dubiis  eliciunt  veritatem. 

Quid  dmrstm  hominum  teftimenio  obefi  Lex  ilia  getter  alls  Cwtcilii,  qua  cavetur,  &c. 

This  the  Chancelloar  produces  to  prove  that  even  the  Canonifts  and  Popes  with 
their  Councils,  that  cry  up  the  Civil  and  Canon  Lawesand  the  proceedings  of  them 
by  two  or  three  Witnefles,  and  will  not  away  with  Juries,  becaufe  they  pretend  their 
inftittuion  is  befides  the  rule  and  appointment  of  God  in  the  prealledged  Scriptures, 
and  the  proceedings  of  Nations  according  to  it ;  yet  even  they  are  by  our  Chancellour 
inftanced  in,  as  proceeding  by  other  Methods  then  two  or  three  Witnefles.  And  the 
particular  cafe  of  their  variation,  is  in  that  about  teftimony  againft  Cardinals  to  make 
them  criminous  -,  for  thefe  Cardinals  created,  whether  by  Pope  Eugenius  the  Fourth,  or 
pontian,  or  Sjlvtfttr,  were  held  the  Rcligknis  duces  &  antijlitcs,  in  the  Roman  Church 
of  great  authority,  Crcatur*  Papa,  folo  Pap*  minircs,  Card.nes  a 
quo  motns  cliii  firmater  in  claudendo,  &  aperiendo,  dec.    Cardinals     T.ho,o(r  Sysragm.  J«i«.  lib.  it  <r.4.  , 

\  ,->       j  ,r-  /  r  LI-  X     J  J  r  Blnius  ad  fin.    Tom.  ».     Concilior.   *. 

from  Cardo  an  Hinge,  becaufe  as  the  hinge  moves  the  door  to  and  jro,  ,01?  * 

fo  do  thefe  the  affairs  of  the  Church,  and  as  the  heart  guides  the  man,  i»  Summit  majom  Antonii,  fart.  3. 

fodoethefethe  Mjfrerjt  of  the  Church  and  State  of  Chnfiendom -,  thefe  it^JF^fef/SS 

then  fo  magnificent  Prelates  were  at  firft  but  few  in  number,  and  ot  tu  cardtnabum  &  ic^atorum,  cardi- 

eminent  parts  and  p^rietSions.which  made  them  worthily  venerable  •  **£  ^ZJ*'™  "?''''  f'^"'""  f"' 

after,  when  they  bi  ing  found  ufefull  to  the  intereft  of  the  Pope,  they  }',',*  IglLTTa  ,«»;W  iC/IX** 

grew  more  and  mightier  and  the  Pope  made  what  number  and  whom  ff  «■  quantum,  ©•«. 

he  would,  which  made  his  Holinefs  fo  ftrong  in  the  carriage  of  affairs,  f*"^  $■£■* Di,iDor- offic" 

that  he  left  almoft  no  room  for  temporal  Princes,  but  all  was  fwayed  jumi.  Arcad.  charif.  lit.  Smgui.  it 

by  him  and  his  Creatures  ■,  yet  for  all  his.power  and  pretences,  °JPe-Pr*f'  rrmwkt 

though  the  Cardinal;  were  incardinated  and  let  into  the  Papacy  fo  Lii.i.cercmon.Ecc!efiaftic.f.«« 
dexteroufly  that  there  was  no  injuring  them  without  injury  to  .  . '  "  ..      « 

«•,,,•      J-  _  ,.        .     .      •         .1  hi      .I,    t-L  Ritoura  Ecdef.  hb.  u  fiS.  I.  tut  Lcono 

his  Holinefs,  in  Pope  Hontrtus  s  time  they  were  all  by  the  Empc-     10  PapM_  ' 

rour  Ifa'acius  baniflied,    and  fo  abjedt,  ut  n$n  fuijfet  qui  refrftcrt     Baroniusr.*.  \.f.  %at. 
debuiftde  clero  -,  for  though  their  inftitution  was  good  to  carry  on    3gE»*Z^tf2;&i. 
the  amity  of  the  Greek  and  Latine  Churchy  and  to  gratifie  the 

Greeks,  the  (a)  two  firft  Cardinals  B^arion  and  If.dor:  fSarmatia     &£#H*£  l^rur, 
being  Greeks,  and  fo  I  think  were(*)  all  the  Cardinals fome  time     {-bjr.m.1  ^«Si. 
after;  yet  when  the  Popes  made  no  bones  (as  we  fay)  of  the  Coun- 
cil Canons,  but  multiplied  their  number,  debafed  their  nature  by  chufing  not  for  birth,  Bi«us,7v.t  p  <«. 
parts,  and  piety,  but  for  vice,  craft,  and  policy,  contrary  to  the  firft  Oecumenical  c?rrl/uium.'i'. 
C«uncil  of  B*fil,  then,  with  his  Italians  whom  he  moltly  Cardinalated,  did  he  intro-  q  s- 
ducc  that  magnificent  Grandeur,  which  as  it  arrogates  preheminencc  over  Princes,  fo 
in  time  becomes  a  check  to  his  Holinefs.     So  tluthowhcthat  can 

accomplish  die  Cardinalitial  favour,  and  to  be  higheftin theSuf.     fc^Sfrt *B /*% .^"^  di"'"'"r' 
frageof  the  CoixL.ve,  is  not  onely  likely  but  Aire  to  be  Pope  •   and    ^2°^'%^,,^,  vaC*t,  in 
therefore  as  they  can  curb  and  ( in  a  fort )  awe  the  Pope,  fo  does  he    yttmgnt  f*c,<, {*«aum  c*rimai,Hm  c«i- 
daw  them  to  make  them  bis  ValT.iIs.     Thefe    Thefe,  are  the  Pur-    W^gr^ 
furata  Afaacipia,  that  asLegatSd  latere^  and  Conciliarii  pro  capite,     ertauu,  ru»lofl. /««  «</m,  ff.  16. 
do  enrich  his  Holinefle,  and  for  thefe  fcarlct  Sons  are  the  Canons 
of  the  Council,  here  in  the  Text  mentioned,  made  ■,  though  I  confefle  I  can  finde  no 
Council  (  but  perhaps  'tis  my  ignorance,  for  which  I  crave  pardon  )  where  1 2  onely  i9 
admitted  fo;  proof  againft  a  Cardinal :    for  in  the  fecond  Council  of  Rome ,  under  Pope  ^'"n"-,7!"',1.' 
Sjlvefter  the  Second,  it  was  decreed  (  as  much  and  more  contrary  to  God's  conltitution  4.  m, 
of  two  or  three  Witnefles  then  Juries  arc  )  that  a  Presbyter-Cardinal  was  not  to  be 

R  r  r  con- 


4.06  A  Commentary  upon  Fortbscue. 

condemned  of  crime  under  44.  Witneffes,  a  Deacon- Cardinal  under  3^.  &  fummu* 
Fraful,  that  is,  a  Cardinal,  not  under  72.  Witneffes,  whichJjCanon  was  undoubt- 
edly overbofhe  by. the  Pope;nd  bis  Cardinals,  en  purpofc  to  make  proof  againft 
and  condemnation  of  Cardinals,  irr.poffible,  or  not  ordinarily  feafble-,  for  in  what 
spelmtn.  oioff.  deed  of  darknefs  and  fubtility  ( wherein  their  Emincncies  are  ofren  parties)  will  fuch 
«*«™.catdin»:.  p0iiCic0*s  as  they,  be  fo  publickas  to  admit  72  Witneffes  againft  them  -    and  fince 
without  that  number  they  cannot  be  corivift,  they  arc  as  good  as  pardoned,  that  is, 
not  fully  accufed  fo  as  to  be  punifhed  by  degradation,  be  they  never  fo  enormous  and 
fcandalous :  thus  Pope  John  the  Ninth  when  a  Cardinal,  was  Gallant,  as  we  call  it  now, 
in  better  Englifh  jW/iow,  to  the  famous  Reman  Courtezan,  who  ruling  Rome  gratil 
fled  her  humble  fervant  with  firft  the  Bifhoprick  of  Bononia,  then  Ravenna,  and  at  laft 
the  Popedom,  which  Aventine  thinks  gave  rife  to  the  ftory  of  Pope  Joan,  this  John  being 
Aventinw  lib.  ♦.  Papafyed  by  a  woman,  and  fo  called  the  Woman-Pope  >    thus  the  then  Pope's  Holinefs  in 
h>i>.  Boiomm.     Anno  1364.,  accufed  fix  Cardinals  to  have  coefpired  his  death,  and  went   fo  far  as  to 
almoft  degrade  them  for  it,   which  if  true,  'twas  Murther  before  God,  butalasbythc 
artificisofthe  Conclave  and  their  adherents,  the  fentence  was  faid  not  to  be  pa/Ted 
legally  and  with  good  confeience  and  confederation  of  the  Churches  honour,   and 
therefore  it  was  not  profecuted.     By  all  which  it  appears,  that  the  Church,  which  the 
Prince  acknowledged  the  Pope  his  Cardinals  and  Councils  to  be,  (appointing  other- 
wife  in  this  cafe  then  the  word  of  God  does  in  the  prealledge'd  Authorities  of  Scripture 
fet  down )  doth  as  much  feem  to  go  above  and  betides  Scripture  as  the  Law  of  England 
does  in  cafe  of  Juries  ;  fince  they,  added  to  Witneffes  two  or  three,  do  onely  corrobo- 
rate truth  and  make  it  lefs  capable  to  be  deluded  and  prevaricated  with,  then  upon  the 
fingle  account  of  Witneffes  and  their  depositions,  it  might  in  probability  be  ;  and  this  I 
conceive  to  be  the  intendment  of  our  Text  in  alledging  this  Canon  concerning  Cardi- 
nals, wherein  the  rule  of  God  in  Dent.  17.  is  in  the  Letter  of  it  departed  from,  and 
yet  without  the  Prince's  fcruple,  which  theChancellourinfinuates  todiflblve  this  his 
fcruple  in  the  cafe  of  Juries  upon  no  lefs  if  not  a  more  rational  and  equitable  ac- 
count.    And  therefore  as  this  fanftion  of  the  Church  concerning  Cardinals,  which 
the  Prince  (  according  to  the  Religion  of  our  Chancellour's  time )  thought  unerrable 
was  not  by  him  concluded  fmfull,  becaufe  an  addition  of  a  greater  number  to  that  of 
two  or  three,  and  all  to  promote  right  ( as  was  pretended)  to  truth,  relating  to 
thofe  Prtfularj  Emintncies ;    fo  ought  not  the  annexing  of  twelve  Jury- men  to  the 
evidence,  which  is  to  the  fame  end  of  evincing  right  and  fubrerting 
jfutmt  atgi.  fend**  in  udicti,  piuri.     its  contrary,  to  be  excepted  j?gainft,  but  admitted  as  that  which 
ZtlZ'ZZ  "IZu^mm.  ™to*T"/"     tends  to  the  defign  of  God  in  that  judicial  Conftitution  :    and  here- 
mfiimth,  cjHtm  dHiiium.  cum  mm  tx     upon  our  Texts  inference  is  moft  rational,  if  two  or  three  worthy 

S£¥AS0£!7ft    ?cn  c?nfirrninS  a  ,teftimoLny  ™kc  ic  irrefragable,  and  not  to  be  or- 
m»  cmftiiMit  jHttmcnt*.  Gianvii.  lib.  i.    diriarily  impeached,  much  more  a  greater  number,  £1*}*  plus  fem- 
-  '•  1'  fer  contintt  in  fe  quod  eft  minus. 

Supererogatienis  meritum  promittebatur  ftubulario,   Jt  flufquam  duos  quos  rtcepit 
denarios  ipfe  in  vulnerati  Gurationtm  crogajfet. 

"this  is  relative  to  the  ftory  of  the  mercifull  Samaritan,  Luke  10.  who  did  not  onely 
come  to  the  diftreffed  and  wounded  man  ( when  the  Priefts  ar.d  Levites,  who  fawhis 
roifery,  turned  the  deaf  ear  to  his  moans,  and  the  pittilefseye  to  hisfadmiffortune 
(  for  the  Text  fayes,  Thej  pa  (fed  by  on  the  one  fide,  )  but  bound  up  his  wounds,  putting  in 
oylaxdVeine  to  purge  and  heal  them,  and  fet  him  on  his  own  beaft,  and  brought  him  to 
an  Inn,  and  took  care  of  him  ■,  and  to  compleat  his  courteGe,  en  the  Morrow  when  he 
departed,  he  took\  out  two  pence  and  gave  them  to  the  Hoft,  and  faid  unto  him,  tt.leecare 
of  him,  andwhatfoever  thou  fpendeft  more,  when  I  come  again  I  wilt  repay  thee,  V.  35. 
This  whatfoe v er  thou  fpcndefl  more  is  termed  Meritum  fupenrogationis ;  for,  becaufe 
there  might  be  a  neceffity  to  carry  on  the  kindnefs  to  the  diftreffed  perfon  further  then 
the  Samaritan  could  then  fee,  or  perhaps  was  then  (  being  on  bis  Journey  and  having 
no  more  then  would  barely  defray  his  own  charge )  convenient  for  him  to  moncyly 
fupply,  he  promifes  compenfation  for,  when  he  comes  again,  that  is,  upon  notice  of 
it:   now  this  the  Chancellour  makes  uft-ofto  clear  the  neceffity    that  fupplemcnts  be 

(by 


A  Commentary  upon  Fortes  cue.  407 

(by  after- prudence  nnd  experience  made)  to  thofe  things,  which  at  their  firftflabu 

lition  could  not  be  conceived  of,  or  provided  for  i  and  this  is  the  reafon  why  .more 

then  two  or  three  Witnefles  are  permitted  by  the  Civil  and  Canon 

Law  in  certain  cafes,  as  well  as  Juries  of  twelve  added  to  two  or    %»"»«  /«//>/«  qmd  in  $ue  deficit, 

three  by  the  Common  Law,  as  in  the  Notesof  the  26.  Chapter  I     j^f '^"i.r7».  /' callNHm"m  ?' 

have  at  large  difcovered.    And  therefore  though  theLawof£»-     touimsDmt.  n.t. 

gland  join  Junes  to  Witnefles  in  caufes  where  Juries  are  to  be  had,     "^""s^^'^dift.si.nniiMi. 

and  is  therefore  juftifiable,  yet  docs  it  not  fuffer  caufes  to  fall  by     s«  Mr.  seiden's  «««cnc.2i.  »/»*r 

reafon  of  the  invalidity  of  testimonies  where  Juries  cannot  be  had      J"'- 

but  proceeds  in  thofc  *  cafes  feodum  rationem,  and  jure  Gentium,    ofi.^o  >f  S"au  MarceUa'' 

forfoitfollowes. 

Nifi  ejua  fupra  Ahum  mure,  extra  corpus  cujuslibet  comitatus  Regni  iflius  fiant, 
qua  pofimednm  in  placito  cor  dm  Admirallo  Anglias  deducantnr,  per  tefies  tlU 
juxta  L-gum  Anglix  fantfienes  prcbari  debent. 

Here  the  Chancellour  makes  good  his  affertion  in  the  14.  Chapter,  It*  ut  non  fie  ' 
loots  »»Ang!ia,  qui  non  fit  infra  corpus  Comitatus ;  for  being  to  fpeakof  Maritime 
matters  and  cafes  that  are  in  debate  about  Contracts  beyond  the  Sea,  or  Wrecks 
and  Administrations  of  juftice  upon  the  Sea,  he  referrs  them  to  a  particular  junf- 
diftion  exempt  from  the  ordinary  Courts  of  Juftice,  to  wit,  the  Court  of  Admi- 
ralty, and  gives  the  reafon,  becaufe  the  original  ofthecaufc  was  from  the  Sea,  which 
is  extra  corpus  cujuslibet  C»mitatas  and  becaufe  every  caufe  regularly  ought  to  be  tryed 
in  the  County  where  began,  unlefs  by  a  Certiorari  it  be  removed  to  a  higher  Tribunal, 
he  (hews,  how  the  faft  being  upon  the  high  Sea,  and  fo  out  of  any  County,  ought  to 
have  and  fo  hath  a  particular  Judge  to  determine  it,  which  is  the  Lord  Admindl :  The 
Court  of  which  is  not  left  to  proceed  how  it  pleales,  but  in  the  profecution  towards 
fentence  murt  pronounce  fecundum  allegata  &  probata,  for  fo  his  words  are,  Que 
ptfimodum  in  placito  coram  Admirallo  Angliac  deducantur,  per  Tefies  ilia  juxta  Legnm 
Angliac  fantliones  probari  debent. 

lorthefhft,  what  Altum  Mare  in  this  cafe  is,   This,  I  humbly  conceive,  is  thus 
pbrafed,  not  to  .lead  into.thevaftconfiderationof  it,  but  to  refolve  the  Junfdi&ion 
hereby  intended  •,    for  Mare  is  called  by  the  Learned  altum,  in  regard  it  is  Hellm 
ACjuamm,  and  in  common  opinion,  bottomlefs.    The  Learned  have"  been  full  of  dif- 
putes  about  it,  and  they  fay,  that  the  Sea  is  the  moift  and  liquid  part  of  the  Uni- 
verfe,  which  they  therefore  terra  nomfiii,  £  vclfumt,  «)  3*;.«'araf,  as  the  philofo-  £■'*•  d«  Mundo 
phers  words  are.     Seas,  the  A ncients  called  the  circumvallation  of  earth,  or  the  gir-  ''*' 
dleof  itsloynes,  wh.ch  blefled  it  with  moifture  to  help  on  fructification,  withpaflage 
to  further  Civility  and  Trade.     The  Ancients  fpeak  varioufly  of  Seas,  the  great  Se- 
cretary of  Nature  calls  the  Sea,  'A<%  xj  aa/jx  n  ■myiif  xij^]®-,  which  is  what  Mofes 
calls  the  Sea  in  Gen  1.  10.  CTQn    rnipo^l    the  gathering  together  of  waters,,  and  lM"m!'£  c-%- 
that  not  a  bare  gathering  together  ;  for  though  the  Hebrews  have  above  twenty  words 
to  fignifie  thar,  yet  they  exprefs  this  gathering  not  by  the  general  word  V^p  ,  which 
fignities  all  kindes  of  gathering  together,  but  by  a  fpecial  word  importing  a  gathering 
together  by  Statute  and  good  warrant,  by  a  Law  of  eftablifhment,  by  a  fandion  of 
V  power  not  to  be  controlled,  and  Decree  not  to  be  reverfed  ■,  by  which  God  is  faid  to  fet 
bounds  ro  the  Sea,  beyond  whxh  its  furly  Waves  fhall  not  paflc :  fuch  a  collection  of  wa- 
ters as  of  I  ines  in  the  Circle,  all  which  concenter  in  t be  Sea  audmakf  a  Majsof  Waters. 
And  though  all  Seas  are  waters,  yet  all  waters  are  not  Sea,  for  waters  are  particulars, 
Sea  general,  waters  are  in  propriety,  Sea  qua  fuch  is  nullius  in 

bonis    bat  in  occupancy  -,    yea  when  the  Roman  Empire  was  ex-     u,<  *et""  t"  ''  '!•""">  d'  '*«>a°n  & 
panded  over  almost  the  whole  world,  'twas  faid  to  themnotun-    J^  ££  Z.  WjZltZ  J& 
aptly,   Mare  liberumeffe,  non  Romanorum,  yet  there  are  Authori-     m<n  »' »ff,m  *i  %,  »«  <>«iy<w/i  «... 
tics  of  impropriating  Seas  •  waters  may  rife  and  fall,  as  the  fprings    '"Wr-  JCo"aabl°'s,f4-?'  sJtp:  *,  i°i- 
that  feed  them  or  the  rains  that  tall  into  them-,  the  Sea,  properly    P  ,3+,  t)!. 
fo  called,  is  neither  added  to,  nor  fubftrafted  from-   for  it  is  the 
Sphere  of  liquidity,  and  is  not  in  its  true  notion  cxhauftible,  unlefs  God  rairaculoufly 
dry  it  up  or  add  thereto  by  opening  the  fountains  of  the  deep,  as  in  the  Deluge.     In- 
deed particular  Arms  and  Toes  of  Sea  by  bordering  on  Land  may  through  the  nar- 

R  t  r  2  1       rownefs 


1  Mtltirt!lg:i. 


G#».  I.  x. 


lit. 
I»». 


t.Htport,    f, 

ble'i  C *fc. 


4.08  A  Commentary  upon  Fortes  cue. 

rowncfs  of  paflage  fwell  and  augment  their  depth,  becaufe  the  great  quantity  of 
moiftfjre  in  the  Channel  not  being  voidable,  muft  reeds,  while  it  is  in  p.flage  raife 
its  bulk,  for  all  bodies  muft  have  place,  but  the  Sea  is  vaft  and  fo  capacious  that  it  or_ 
dinary  iswhatitis,  and  though  it  gives  yet  receives  nothing  from  the  Land  but  what, 
the  Land  returns  of  its  own  .-  and  therefore  although  fome  haveafcribcd  Originals  by 
way  of  Fountain  or  Spring  to  the  Sea,  yet  the  Philofopher  wholly  refutes  that,  and 
concludes,  that  Sea  is  the  fource  of  all  water*,  §  il-*@-  CJhi*(,  and  that  all  Rivers 
empty  themfelves  into  the  Sea,  as  into  their  great  Refolution  and  Velfei  of  ca- 
pacity. 

Now  the  Sea  being  (0  vaft  a  body  of  waters  that  the  Earth  feems  to  be  but  an  Jfland 
init,  and  being  called  by  DHP,  an  Abyfsef waters,  as  God  is  an  Abyfs  of  mercy,  as 

1  take  the  allufion  to  be,  Abyffus  ad  Abyffum  invecat,  The  Abyfs  cfmifery  calling  to  the 
Abyfs  of  mercy,  Pfal.  42.  The  Sea,  I  fay,  fo  vaft,may  well  be  called  Altum  in  this  fcnie, 
though  this  be  not  altogether  the  fenfe  of  the  Chancellour-  for  he  here  makes  al- 
tum Mare  to  be  that  which  being  extra  regnum,  is  exempt  from  the  ordinary  Jurifdi- 
dionofLaw,  which  it  would  not  be,  were  it  infra  corpus  Comitates-,  for  where  ahum 
Mareis,  there  is  the  power  of  the  Common  Law,  as  to  tryal  of  caufes,  determined  : 
every  man  that  is  upon  the  Sea  ofEngland'is  within  the  Allegiance  of  the  King  the  Sove- 
reign, notwithftanding  that  Sea  be  altum  Mare  ;  but  yet  tryal  of  all  caufes  that  vcz  fuper 
ahum  Mare  (hall  be,  by  the  particular  Jurifdiftion  of  the  Admiralty,  determined,  as 
appears  by  fundry  Parliament  Rolls  •,  whereby  the  Jurifdiftion  of  that  Court  is  very 
ancient,  and  as  is  plain  by  the  [.awes  of  oUron,  which  R.  1.  made  when  he  was  there  in 
Jr4*«,returning  from  the  Holy  Land,and  is  every  where  confirmed  in  Law-books.  Al- 
tum Mare  then  is  the  proper  Region  of  the  Admirals  Jurifdiction,  as  appears  not  onely 
from  the  common  confent  of  books,  and  the  concurrent  allowance  of  time,  bat  alfo 
by  divers  Statutes  declaring  the  power  of  the  Admiral,  as  ij  R.  2.  c.  5.  15  J?.  2.  c.  3. 

2  H>4  e.  1 1.  J  £/»*.  5.  all  which  do  limit  the  Admiral  to  the  high  Sea,  and  exclude 
his  Jurifdiftion  over  any  caufe  that  is  infra  corpus  Comitatus  -,  for  in  that  cafe  the 
Law  gives  reftitution,  as  appears  in  fundry  cafes,  Hibernici  fstnt  fub  AdmiraUo  An- 
gliac  de  re  facia  fuper  altum  Mare  }  the  Libel  in  the  Admiralty  Court  makes  the  caufe 
to  commence,  Stir  le  haut  mere,  &  infra  fnrisdittionem  del'  Admiralty  ■,  and  fo  the 
learned  Chief  Juftice  Cool^  underftands  our  Text  here,  for  rehcarfing  the  very  paflage 
we  are  difcourfing  upon,  hefayes,  which  proveth  by  exprefs  words  that  the  Jurifdi- 
Bien  of  the  Admiral  is  confined  to  the  high  Sea,  which  is  not  within  an)  County  of  the 
Realm. 

Now  then  the  queftionis,  what  is  Altum  Mare  ?  for  that  muft  determine  the  Cor- 
pus Comitatus ;  fince  whatever  is  not  altum  Mare  is  infra  corpus  Comitatus,  and  fub- 
jell  to  the  Common  Law  and  Juftice  of  the  Nation.     Now  altum  Mare  is  thought  to 
be  where  one  can  fee  no  Land  on  the  other  fide  of  that  he  ftands  •,  for  in  fuch  cafe  where 
a  man  may  fee  from  one  Land  to  another,  he  is  faid  to  be  infra  corpus  Comitatus,    and 
the  Coroner  (hall  exercife  his  office,  and  the  Country  take  knowledge  of  it,  and  the 
Tryal  fhall  be  by  a  Jury  of  twelve  men  and  not  by  the  Admiral,  becaufe  the  caufe  grows 
not  fuper  altum  mare  :    and  generally  where  the  water  doth  flow  and  rcflow  it  is  with- 
in the  body  of  the  County,  as  appears  in  the  Abbot  of  (a)  Ramfty's 
cafe,  and  (b)DiggJ  his  cafe  -,  and  if  a  man  be  flain  upon  any  Arm  of 
the  Sea,   where  he  may  fee  Land  on  both  fides,  the  Coroner  fhall 
enquire  of  this  Murder  and  not  the  Admiral :    and  yet  there  is  a 
good  Authority  for  a  divifum  Imperium  (as  it  were  )  between  the 
Common  Law  and  the  Admiralty  •,  for  though  the  low- water- mark 
be  infra  corpus  Comitatus  at  the  reflow,  and  for  caufes  thence  arifing 
determinable  by  the  Common  Law,  yet  when  the  Sea  is  mll,the  Ad- 
miral hath  Jurifdiftion  fuper  atjuam,  as  long  as  the  Sea  flows. 
The  Power  then  of  the  Admirall  is  fuper  altum  mare  onely  ,  unlefs  by  fpeciall  com- 
mifllon  it  be  enlarged,  as  by  28  //.8.f.  1 5.  it  is  ■,  and  the  Jurisdiction  very  ancient,  not 
onely  fince,but  before  the  Conqueft  :    for  that  the  Monarchs  of  Britain  had  command 
of  their  Seas,  commonly  called  the  Narrow  Sens,  is  confirmed  by  ancient  Records,  noc 
onely  of  King  Edgar, who  is  faid,  Jguatuor  Maria  vindicare  •,  and  of  Edward  the  third , 
who  in  Rotul.  Scotia  of  10  Regnifui,  fayes  thus,  Nos  advertent  es  quod  progenitor cs  noftri 

Reget 


Sttour  turned 
Mr.  Selden  id 
hit  Nftu  m  this 

Chdfttr. 

IH.1.9H.I 
IS  H.  |. 
Vidt  Kotstl.  11 
I.}. 

4ln(Ur.  p.  144. 
1  Iaftit.  f.  ito. 
B. 


4  Jnftit.  Ijt.n*, 

z  K.i.  fit.  11. 
Stamford,    tltm 
Crown,  fol.  If  I. 
"D}tr.f.IS9- 


4.  Inftir.f.  141. 


Til,  Corns. 


(*)  41  E.  |. 

(*)  17  Eliz, 

cario. 

Stamford^.  |i.  TUu  Crmn. 

Cook.  |.  purl.  Inftir./V.  ill. 

Pirtuj. 


Diggs  hit  Cdfi  in  Scac 


Ch*p.  of 


107.  Sir  Henry   Confia- 


A  Commentary  ifpon  Fortescue,  ^.op 

Regts  AnglU  Domini  Maris  AngHcani  circumejuaque  &  etiam  dcfenfo- 

res  j  but  alio  irom  fur.dry  other  reafons  and  authorities, cleared  in  the  See  in  sir  Hmfj  c™ji*Hc'i  Cafe,  s  Rep. 
learned  Seldens  Mare  Claufv  m :  And  if  they  had  fuch  command  of  £  '£**'"  ,efol"cJ  b? ,he  Coutr-  3s' 
the  Seas,  was  u  not  fit  they  fhould  depute  Guardians  of  their  Pow-  l7%2"^J,)[r7J]Z^t^t 
er  which  they  called  Admiralls,  yea,  and  they  did  ;  .and  moil  an  end  IV- "'  /""  •"  *u  f*r  lt  mtrt  ■• and  *= 
more  then  one  at  a  rime  for  the  Nation  :  lor  (fai;h  Sir  Edward  ^^X^^^A 
CcokJ)  thewifdomof  thofc  day es  would  not  truft  one  man  with  fo  i''t«r,. 
great  a  charge,  P?ge  145.  Pare  4.  This  great  Officer  of  Admirall 

was  in  the  Saxcns  time  called  Aenmcreal,  overall  the  Sea .-  Praftclus  maris  five  Jr-    Thoiofs  syn- 
chithalaffus  ■,  and   the  Office  called  Ci.ftcdia  Maritime  Aright ;    the  Latine  Admiral-   "4gro"  *■  ♦?•  **' 
Itts  molt  derive  from  atyu-eu,  a  falfigme  quodin  Jalfo  Mart  fuum  cxercet  imperium  : 
but  the  beft  derivation  of  the  word  feemes  to  be  that  the  learned  Sir  Henry  Spelman 
mentions ,    Ex  Arabii&  Graci  connubio,  ab  Arabico  amir,  &  Graco  <2a/«  qttafi  pra- 
fectus  Marinas  •,  and  the  Knight  likes  this  well,  firft,  for  that  Homer  calls  Neptune  <2a/- 
o<,  ds  ruler  if  the  Sea  -,  and  it  was  ufuall  in  aula  orientals  imperii,to  have  words  bilinguis 
hujafce  modi  cempoptimis  j  and  that  the  word  Admirallus  and  Amireus  is  ufed  for  one 
in  great  truft,appeares  from  fundry  authorities  by  him  laborioufly  quoted^fo  that  both 
the  Admiialty  and  the  Admirall  have  been  in  good  efteem  and  of  great  jurisdiction, not 
only  frcm  Edward  the  third's  time,  as  fome  have  thought,  becaufe  then  the  Court  of 
Admiralty  had  it's  folemnity  of  proceedings  but  from  Richardthe  firfl's  time,  in  which 
and  for  lorg  fir.ee  there  were  Admiralls  of  the  Weft,  Eaft,  and  Northern  Coafts,  and  of 
the  floates  in  the  Mouth  of  the  Thames  5  but  Admiralls  of  England  there  were  none 
as  1  think  (.but  under  correction  ever,till  the  tenth  of  Richard  the/ econd  ;  when  Richard  Speimans  <jt>f>. 
Fit*.- Alan  the  younger  Earl  of  ArundtllvcA  Surrey  was  created  Admirallus  Anglije.    *  l6"  '7' 
The  Admiralls  Jurisdiction  is  then  Juper  altum  mare,  and  that  becaufe  that  cannot  be 
intra  ctrpus  comitatus,  and  ib  not  triable  by  a  Jury  de  vicinctto ,r\ow  the  high  Sea  is  faid  ?nP™T!T23 
to  be  extra  corpus  comitatns,  becaufe  the  Counties  are  the  Kings  as  part  of  his  Domini- 
ons,fo  are  the  narrow  Seas,but  this  alt  urn  mart  in  the  large  notion  is  fsid.  to  be  mare  li- 
berum,nuHins  in  btnis:but  Gods  Common,in  which  all  creatures  claimc  fhare,and  have 
the  pnvilcdg  and  convenience, Gods  bfcfling  and  their  own  induftry 

by  help  thcreol  occafion  to  them,  this  is  the  effed  of  the  record  quo-     ( 0  ^fc»  <P  «">*«  ?«  w**  tnviUgium 
ttd  in'*) Sir  Henry  C^fiable's  Cafe- snd  hcnceit  is,that  becaufe  they     **£  >'{" '•  *x ™-v*r-t*«—. 
are  the  pretentions  of  all  Nations  thac  delcend  into  them,  they  are    gmd  cm/:»ren<m  fofia,  ti^a*  npmem 
to  be  accounted  of  by  the  Laws  of  Nations,  and  the  offences  done    /"°r  'FP''cand»-  «*«  f"*J  *•  *•<*• 
upon  them,  for  ought  I  know,  punifhablc  by  thofe  Laws,  which  the 
Admirall  being  Judge  of,  proceeds  accordingly  by ;  And  this  reprefents  the  Admirall 
to  be  a  very  Commander  and  Prince  of  Power,  whofe  command  is  not  only  over  the 
boldcft  and  defperateft  mettled  men  in  the  Nation,  but  over  thofe  that  often  commit 
great  outrages  farroff,  and  yet  are  accountable  for  them  when  they  come  home  ;  fo 
great  is  the  Admiralls  Power,  that  the  whole  Sea- Regiment,  next 
under  the  King  and  his  Laws,  is  his  •  which  is  the  reafon  that  Anti-     lpfdmlnii"  Glf' '"'  /"*"'*'• 

quitv  delegated  this  power  to  Peers  of  fidelity  and  prudence  :  Thus  vJ*~J"b.   -  *'■     tr 

Jw  1,        1?     1  n  a  ^  o  a.        c    u    r      r*     n.        j  '""  me  rompe%us  cue,   quern 

T/.^rin  this  place  was  called  SfrwcwDf,Bilriop  of  theSea-Coaft  ;and  „,„  u„  mx.   .  r  \ 

_    '     ,      r..         _  ,     ,,    f   '.      1  ■    ^a-  1         '  u-  ma  httc  AAartttma  ora  habent, 

Forcatnlu,  tells  us.  Fr**<  highly  fejs  by  this  Officer   and  gives  him  #nomt  f?ecttUtorem  &  cul 

a  large proportion  of  power,  and  reqmres  a  Stable  meafure  of  ftoit^  4to.ad\mc. 

care  in  him,  which  juftifiesthc  Wonardisof  England  in  committing  •"/„  m4>„  j,irulJt  M)iyto,w  fm  Dlttt, 

this  truft  to  great  Peers,  and  noble  heroicks.    And  may  the  honour  &  Trmapts  »»/<>»»,,  ^udm,  vnigo  *«- 

of  it  ever  be'breft  with  fuch  a  Guardian  asit  now  (thanks  be  to  God,  '"^'"If  £'/^T"'  c"!aI,t  "V 

\  >        ^iamtralmt   O silica    prima m  xax  fmt,  & 

and  our  moft  gracious  Sovereign)  has,  in  the  Noble  and  illufirious     dignitn  Unfiimi  idnit  a  v*r„,  ev«/u *. 
Prim  ejzmts. Duke  cfYork,thc  molt  AutuftLord  Admiral  of  England,    /",'",",  >"  '!' '  '"'*"  *'*«'•  '?  mtril 

_,    .    *  ,,  )    Ji    -    1  rill  11         ■      t  mfermm  &  Imorum.  4  rcg<  etnertduum  ijt, 

Wbcfc  Grace  J  bejeech  God  hng  to  pr  ejerve  tn  health  and  happmejs.  ,„,  cuf,i  &  mxvd<: 

Per  tefies  ilia  juxtalegum  Anglie  SanUicnespreb4ridebcnt.~\ 

I  take  this  proofe  of  fads  Triable  before  the  Admiral',  to  be  in  this  place  intended 
according  to  the  Civil!  Lawes ,  which  is,  by  witnejfes ,  fide  digni ,  oculati  tefies  ; 
For  fuch  were,  1  think,  within  the  Santtiones  legum  Anglia,  when  our  Chancel- 
lour  wrote  ■,  but  Cnce  many  inconveniences  happening  (as  i  learn  from  the  Preamble 

the 


4.10  A  Commentary  upon  Fortescue. 

the  Statutes  of  the  27  H.  8.  c.  4.  &  *8  c.  15.)  Piracies  and  Out- 
Sft-f'tt.  »f  tht  jnJits,  Temp.  Biii.  rages  committed  on  the  Sea,  are  to  be  tryed  by  witneflcs  with  a 
Ktt>"'\  Jury,  and  tn's  DY  fp^cial  Commifiion  to  the  Admiral  from  the 

I  iHfti't.'£  Y^.riiu  tint  •/  thtom-  '  King'  wherein  fome  of  the  Judges  of  the  ReMm  are  ever  Com  mifii- 
mifim.  c  xj.  oners,  and  the  Try  al  is  to  be  according  to  thecourfe  oftheLawes 

of  England,  directed  by  the  Statutes. 

Confimiliter  tjuocjHt  coram  Conftabulario  &  Marifcallo  Angliar  fieri  folitum  eft 
tie  fatlo  quod  in  Regno  alio  ail  urn  eft. 

As  fome  mens  affairs  living  in  Counties^  and  others  failing  on  the  Seas ,  occafion  their 

converfe  each  with  other,  and  fo  their  Trcfpafs  one  againft  theo:her,  and  agdnft  the 

Law    which  appoints  decifions  of  thefe  Controverfies  according  to  the  refpectivena- 

Abbot  strata  '    ,  ,  {        tnc^r  injuries  done  to  men  in  forein  parts,  which  ought  to  have, 

Matcella  5  C'fi      lures  01  lucui  ,   »«■  »  i  r        »  s  » 

s>  *?.  p.  jo,  si.  and  accordingly  have  appointed  Tryals  and  Punifnmcnts  ior  them  :    and  thefe  are  try- 
able  before  the  Lord  Conftable  and  Marfhall  of  England,  which  I  take  (  but  if  1  err 
s  e.  1  c  x.  to  e.  I  humbly  begg  pardon  )  not  to  bc^only  the  Marfhall  mentioned  in  fome  Statutes  under 
i.c.j.  xi  E.i.c.5  tnc  n0tion  ofMarfhall  of  the  King's  houfc,  becaufethe  Statuteof  13  R,  j.  c.  3.  limits 
m«h«s»m<?  the  bounds  of  that  to  twelve  Miles  of  the  King's  lodging:   but  the  Conflable  and  Mar- 
(hall  within  the  Text  I  take  to  be  a  more  fplendid  perion,  the  latitude  of  whofe  power 
is  rather  to  be  admired  and  dreaded  then  defcribed  •,    for  though  at 
spelman.  h  ciofs.  m  v.c  co»ftabu-     firft  it  was  according  to  the  Etymologic  of  the  two  Saxon  words 
latii.  Con  and  Stal,  as  much  as  Conservator  Stabuli,  or  Comes  Stabuli, 

Ami0g<;«manItcUg**.C1UVeti0!  ""  '"  (my  Authority  is  the  Learned  Knight,  )  yet  after  it  became  much 
e**m'  &' *™' vittfaia  &  Dipiimt,  more  honourable,  as  being  applied  to  the  Leaders  of  Armies,  whom 
ftr  Tmincits  &  tatriu  nnivtrfu.  &c.  tne  ^axtns  r\\\e&  Heterochii,  who  were  the  chief  men  of  the  Pre- 
^ff^nTlJStirS^  cinfts  and  Countries  where  they  refided  t  And  the  *  French  fo  ac- 
Sfitnm,  &  fii.it>.  &  tmrmfi.  umi  COunt  of  the  Conftable  and  Marihals  of  F  ranee,  as  of  the  great  Offi- 
Z  f&JStSSSEl  *  cers  ™d  P«"  of  J«;  with  us  the  office  of  Conftable-fhip  is 
M*n/ihai:i  MxtraM,  imrr  Leyi  Ed  very  ancient,  as  old  as  the  Conquerour,  who  made,  whether  w*t- 
confef5.P.i47.  £<<".Twirdeniv  Earl  of '  Glottt  eft er ,  ormUiam  Son  of  0j*«-»Earl  of  Hereford, 

*  term  *»  CtttlcgHe  its  grtnis   mtijtrti  ■  r.      »  *  *         J         f 

ie  f«»«.  E.  Conftable  is  uncertain,  but  one  of  them  is  agreed  to  be  •,  in  F  itz- 

Thoioff.  syntagm.  lib.  6.  e.  i.(T.  t.         Emprefs  Mawds  time,  Milts  Son  to  the  E.  ol  Hereford  was  Confta- 
riot.  Wigom.  in  ^tmmntt.  ble  of  England,  and  fo  continued  to  King  Stephens  time  •    of  this 

family  of  Bohuns  were  fucceffively  numbrcd  ten  Conftables  of  En- 
Spelm.Glofs.f.  u*.  gland,  nine  of  which  were  Humphrjes,  who  had  the  office  by  Te- 

scidtnmefnthuchdp.  p.j7.  nureof  Inheritance  ■,  from  them  it  defcended  to  the  Lines  of  the 

Stafords  and  Dukes  of  Buckingham,  as  Heirs  generall  to  them,  'till 
Dy«.  f.  xis.  ,.by  theopinioaofall  the  Judges  u  Eliz..  it  waslawfuly  defcended 

(  as  Sir  Edward  Caej^inftruds  me  )  to  that  Edward  Duke  of  Bucks 
4  intlit.  f.  ix7-  ingham,  whowas  attainted  of  Treafon,  13H.8,  and  came  to  the  Crown  by  forfei- 
ture, and  fince  that  time  I  think  it  hath  ( in  regard' of  the  amplitude  of  the  power  ) 
not  been  granted  in  Fee  to  any  Sub  jed,  but  by  Commifiion  for  a  day  or  two  upon  tryal 
of  *  Peer,  or  fuch  like  extraordinary  matter  ■,  and  when  it  was  rcfolved  ^5  of  the 
Queen,  that  an  appeal  did  lye  in  the  cafe  of  Doughty,  whofe  head  Sir  Francis  Drake 
ftrook  off,  and  that  it  was  tryablc  before  the  Conftable,   the  Queen  would  not  make 
1  Toftit.  >n  Lit-  a  Conftable,  &idcodormivitappellum.     The  conlideration  of  this  Officer  in  the  mag- 
nitude of  his  Authority,  makes  the  Law  very  punftual  to  bound  it,  rhat  it  trar.fgrefs 
E*«a  w.i '•  V.  j.    n°c  t0  opprefs  Subjefts  under  the  colour  of  Juftice  towards  them  ■,  therefore,  when  as 
Li  cafe  del  Mat-  this,  which  anciently  had  moderate  bounds,  exceeded  them,  the  Statute  of  the  1 3  R. 
"Ynftft*  *°i^"    2-f-2.&3-  bounded  it  not  onely  to  limits  of  place  but  of  Jurifdicrion,  fo  fayes  the 
1  H.4-f.  «4.  -AHtht  Appeals  to  bt  made  of  things  done  within  the  Realm  Jhall  be  trjed 
and  determined  by  the  good  Lowes  of  the  Realm,  and  all  the  Appeals  to  be  made  of  things 
done  out  of  the  Realm  Jhall  be  tryed  and  determined  before  the  Conftable  and  Marfhall 
of  England,  they  are  the  words  of  that  Statute  -,   from  whence  I  colled,  that  the  C.om- 
cook.  j.  inQit.  mon  Law  had  alwayes  a  iealoufie  of  all  power  that  was  not  confervative  of  the  Subjects 
c.  7.^4i.  c.      fafety,  but  might  bring  him  ad aliudtxamtn  then  the  known  ufual  Common  Lawes. 
»«mm,t.iio.  And  thcrcforc  our  Sir  £jw4rA  Cct^    fpeaking  of  the  Lord  High  Steward  the 

Marefcallns 


A  Commentary  npn  Fortes  cue.  4.1  x 

Marefcallus  here,  for  though  they  are  two  names,    and  forne  will  h?.ve  them  two  Fl«»4*.». «. «, 
Offices,  the  Conftable  in  Warr  and  the  Marlhall  in  peace  •  yet  in  as  much  as  they  are  MarifiMf»Z 
in  the  Statutes  put  copulatively,  I  take  them  to  be  (  as  the  L.  Keeper's  and  L.  Chan-  /"«>.   <<«  officii 
cellour's  authority  are  declared  to  be  one  in  5  Eliz.  c.  18.  )  but  Sjnonomous.     See  M,?"%^'IS  "°" 
concerning  thefe  things  Sir  Edward  Coc^  in  his  Notes  on  the  Court  of  Chivalry,  where  Vinftic  ttlji. 
much  notable  learning  in  this  matter  is  produced.     The  judgement  of  Parliament 
in  GoodTh.masE.  of  Lancafier'sCaic.  put  to*death  by  Martial- 
Law,  39  E.  3.  declared  unlawfull  by  the  Parliament  of  142-  4  is     j  Infiit.p.  52,  53. 
notable,  which  Sir  Edward  Coc\  recites  in  the  Chapter  of  Mur-     Note  this  Judgement, 
der,  to  (hew  what  Courts  Martial  arc,  when  Common  Law  Courts 

fit,  and  weftminfter-hall  is  open  :  fee  more  of  the  Marfbal  and  Con-     """"-.  MUhmj  &  Chil,  m  3.  c.  17. 
ft  able  in  Sir  mHiam  Segar,  and  thofe  other  Authorities  quoted  in     spllmL'&oVs.;,.  u9. 
the  Margent,  which,  it  there  were  need  of  it,  I  could  extend  to  an     Waifingium  m  k.  »./i«. 
infinity  of  fimilar  Quotations. 

Et'unt  &  in  Curtis  <\mri>nd*m  libertatum  in  Anglia,  ttbi  fer  Legem  mercatoriam 
proceditur,  probant  fer  teftes  contractus  inter  Mercatores  extra  Regntsm  faeces. 

As  the  former  cafes  do  (hew  the  Common  Law  in  cafes  of  neceffity  to  admit  wit- 
neffes  according  to  which  they  judge,  which  Mr.  Selden  has  particularized  in  his  notes   st:thtc*fl°f 
on  the  11.  Chapter  of  our  Authour,  and  our  Aathour  himfelf  has  herein  by  the  for-  Abbot  strata 
mer  inftances  made  good,  fo  is  this  another  cafe  in  which  the  fame  method  to  Judge-   ^r"",a'  '^' 
ment  is  allowed  ;  and  this  is  called  Lex  mereatoria,   and  comprehended  under  Ltx  cook  1  inflit. 
terrt :    for  this  Land  being  opportune  to  the  Sea,  and  of  no  great  circuit  ( though  it  ?•"•»■ 
be  one  of  the  nobleft  and  capacioufett  of  iflands )  is  concerned  to  promote  Trade  as 
thar  Bridge  which  makes  a  paflage  to  it  over  the  vaft  Seas  to  the  utmoil:  Nations  inha- 
biting cheir  Coaits,  and  not  oneiy  vents  to  them  native  Commodities,  but  takes  from 
them  in  exchange  their  growths,  and  by  the  proceed  of  them  not  oneiy  acquires 
wealth,  and  encreafeth  the  Navy,  but* accommodates  the  Nation  with  all  things  ne- 
ccfLtry  for  the  univerfal  compleatnefs  of  natural  and  politick  life  5  which  zeal  of  the 
Nation  to  Trade  has  notably  appeared  from  the  Reigns  of  H.  3.  to  this  day,  in  which 
defcent  there  have  been  above  120  A&s  of  Parliament  relating  to  Trade  ^  Tea,  all  ,, 

ABs,    that  have  been  derogatory  thereto,    have    been  ever  noted  in  this  Nation  to  be   ^*ole 
(bort  lived.     Thefe  Courts  then  here  in  our  Text  are,  as  the  learned  Selden  lnftru&s  selden  .»;*# 
me,  [uch  as  the  Law  of  the  Staple,  called  fo,  becaufe  they  were  places  which  held  and  Tlx<- 
flayed  Trade'and  Merchants,  as  a  Staple  doth  a  Lock  and  thereby  a  door  •  for  though 
before  the  Conqueft  Merchants  had  liberty  ofegrefs  and  regrefs  for  certain  time,  fo  .w>rr««-«m  t^- 
not  oneiy  the Lawes  of  Ethelflan  but  Alfred,  as  the  Mirrsur  relates,  permitted  40  vi*"  v,t'im"""- 
dayes  and  not  above,   which  the  jc.  Chapter  of  M-igna  Charta  coi\S:ms-y  yet  after  JU^T '„" 'J,** 
Staples  of  Trade  erefted,    limiting  Trade  to  certain  places  and  times,  Merchants  »»u>>  i*B*<tum. 
grew  difcontcnted  and  Trade  fell,  'till  by  the  2  E.  3 .  c.  9.  all  Staples  were  determined  l,f"^'Z  i°" 
according  to  the  great  Charter,  and  Merchants  fet  at  liberty  to  go  and  come  with  i/itntm ,  m>- 
their  Merchandifes  when  they  faw  fit,  uncill  they  be  forbidden  :  the  Motives  to  the  i"Ua f*"frUM'- 
Conftitutions  of  Staples  are  fetdown  in  the  Preamble  to  the  Statute  of  27  E.  3  e.  1.   ttheitt. 
To  prevent  the  dammage  which  hath  mtoriovfl}  come  as  well  to  us  (  they  are  the  Kino's  in 
Statute. words )  and  to  the  great  men,  as  to  our  people  of  oar  Realm  of  England,  and  of  oar 
Lands  of  Wales  and  Ireland,  &c.    To  the  honour  of  God,  and  in  relief  of  our  Realm  and 
Lands  af,re faid,  &c.  and  cap.  2.  As  encouragement  is  given  to  Merchants  to  bring  in 
Commodities,  fo  aiTurance  of  fafety  to  thera  and  theirs,  with  fuchfefhne  remedy,  as 
the  nature  of  their  being  ftrangen,  and  from  home,  requires ;  according  to  the  Law  of 
the  Suple  and  not  the  Common  Laty,  which  celerity  of  Juftice  contributed  much  to 
Trade,  fo  d.dalfo  the  laying  open  of  all  Ports  to  land  Merchandife  at  •  for  though 
native  commodities  are  to  be  brought  to  certain  places  and  to  none  other,  asallTynn 
was  to  be  fnipp'ed  forth  at  the  Port  of  Dartmouth,  till  1  5  R.  2.  c.  8,  which  repealed 
that  14  of  the  fame  Reign  c.  .7.  foalfo  that  till  the  at   Jacob.  28.   which  repealed 
the  1 5  R.  2.  c.  8.  that  limitation  flood  good  ;  fo  all  goods  brought  into  the  River  of 

Tim 


Star.  7,  ^tnnc 
•  353- 


a,\%         A  Commentary  upon  Fortescue. 

Tyne  is  to  be  unladen  at  Ncweaftlc,  the  21  H.  8.08.  all  WooIIs,#t.  to  be  brought  to 
the  Staple,^  E  3. en.  2  H-i-c.6.  2  2c.2.cj.  a  H.6.C.4.  which  though  they  are  row 
deter  mined,  yet  were  long  in  force,but  yet  the  Staple-Law  ftands  good  ;  and  as  the  Sca- 
tuteof3  H-7- 1-7-  gives  liberty  to  land  Merchandife  at  any  Port,  entring  them  in  the 
Kings  Books,  paying  his  Cuflome*  ,  and  fuch  Merchandifes  not  be- 
ing prohibited  •  fo  does  it  allow  fafety  and  fpecdy  Juftice  to  all  Tra- 
tum  frtfur  firfiiu  qui  etitrm  ink™    ders  concerned  id  them, and  that  by  the  Law  Merchant ,  which  £ra- 
4**u  imfmam    fie*  fin,  /<'"«>»■    ft0H  tcrmes  Ccleris  fufiitia  ,  and  which  is  indulged  them  as  they  are 

tlHllmi  exhlhelHr  )uj!llia  Pefendrtni,  lib.  {.        *  .      -  J   c      i  I    ■       .•    *       r      \        r  .  ."    . 

dt  vim  d*  r,a, .  f,  JJ4.  &  ub.  1.  d,     common  inltrumems  of  advantage  ,  and  in  lieu  of  the  fame  kinde- 
ex:,punibm.  p,  444.  ncfs  Natives  have  in  their  Countreys  •,  as  alfo  for  the  reafon  of  Re- 

ligion, which  BraCton  mentions ,  Profttr  frivilegium  &  favorcm 
Cruceftgnatorum,  quorum  nf gotta  mat  tint. item  defidcrant  &  inilanti- 
cum  c.mmnUk.minnm  maxims  utiht-    *m  •  and  as  the  Law  U  in  the  Staple  for  Merchants  Aliens,  and  is 
tufint&ftcihitfecxftiimdtUu.fiatuii    in  all  Nations  of  the  World,  wherein  in  caufes of  Trade  there  arc 
mpiiamam.  /.«,.».  e»t»"  >**>'> -*     pr0per  Judges  •    fo  is  it  on  the  Land  for  Natives  in  Faires,  wherein 

fer,  *f»d  emne,  fentei,  enm  &  }»m  fen-       ¥      Y       *       fc  .    >  .    ....       .  ,       *   .         '      ... 

tmm  tmmntU  fimt.  Tiioioflin.  sjo-     Courts  ot  Pipouders  are,  which  are  eltablifhed  in  Faires  and  Mar- 
ta6m.  jmu  lib.  47. 07.  seft.  r.  fca  Dy  Common  Law  and  ancient  Charters,  confirmed  by  the  2  E. 

a.c.  1  J.  &  5  £.  %.c.  5.  which  under  Y  aires  couches  this  as  the  Ju- 
ftice in  them  •,  but  the  17  E.  4.c.  2.  is  punftuall  in  the  Court  of 
Pipouders,  the  Plantiffmuft  fweart  that  the  contrail  ^tas  made  in  the  time  and  juris- 
4  infit.  c.  «0.     diUion  of  the  fame  Fain,  which  donc,there  is  juftice  to  be  had  dt  hora  in  horam,  as  faft  as 
the  duft  can  fall  from  the  foot  it  adheres  to,  that  is,  fmartly  and  fpeedily :  From  hence 
(a)  cooks  fixth  the  words  he  came  with  a  powder,  and  He  fay  jouyeitb  a  fowder,  Pipouders,  this  Court 
^'"-  is  a  Court  of  Record  confirmed  by  fundry  Statutes,  as  in  (a)  Centlemans  and  Gre- 

gtries  Cafes  is  fet  forth  ,  and  the  rules  of  it  are  foch  as  Bartho- 
Kcu  amtdintun*  mnctxvmn  debet  j*di.     Ins  mentions,  to  be  equity  and  right,  omitting  the  niceties  and  traver' 

e.riie  ym&  h«..m,fm  jun,  filmni-       r      J  ^     ^  £  Jg  %Qt  cg„cern    fa  trut^  ef  fa  mAU(r   fo  qMeftion  , 
MJifaM,  hue  eft,  nininl]eitiitfietlmi  quite-      ■>.         J  .        ■>    *   ..  .  .  ,.  ,.    J    ,  .  1      '  » 

ritttm  »Vm  mn  fnfunt.  lib.  i9.  Seft.     bit  give  rcleifc  to  fraud,  according  to  which  the  Statute  of  43  Ehz,. 
tit.  mmdati  vet  itmra.  c.  12.  proceeds  in  the  Trialls  of  afTurance  by  policy,  which  Law  is 

thought  very  beneficial  to  avoid  differences  and  fuits,  which  with- 
out it  would  be  tedious,  chargeable,  and  detrimentall  to  Trade.;  For,  furely  the  great- 
eft  controverfics  thatarife,  is  by  ignorance  of  right  reafon,  and  refolution  tooppofe 
it,  in  favour  to  our  fclves,  or  difpleafure  to  others,  the  contrary  to  which  TuSy  com- 
mends, as  the  glory  of  Scrvius  Sulfititts,  above  all  the  men  he  knew 

S^JM  wn  HI,  m&fBifafi**  a»am       Qr  cvcr  read  QC      for  he      aJ       (  y-  h       eritiedU  Uvyer     whe  ap. 

jujbu*  fiat;  ittijue  qu*  p  rofici{cei»mur  t.         ,.    ...     r,r  •    i  !■/•/•  i  •         •  J,     .  f 

Ugihu  &  a  jure  aviu  fimfer  tdfad.utem     fltcd  htwjelfc  to  t\c  kjtots  and  raijt  Jcruples,  to  intricate  and  clogg  cau- 
*qmtatM)»c  refer** ,  neqm  c.nfiuuer.    yj,_,  „,,-,£  dark.and  abfimfe  difputcs  ■   but,  ,1!  4  man  of  confcicncc  he  ac- 

Iiim  aftttnes  nalebai  quam  centrtverlnu      J  .        j      „  r  t       r  ■  l  r  i    ■  ■  „■ 

filer:- 1.  Philip.  commodatcd  aU  caujes  and  cajes  to  equity  and  conjetence,  being  witting 

to  end  more  caufes  then  continue  them  in  debate. 

This  regard  to  equity  and  fpeed  of  Juftice,  is  the  eaufewhyour  Textfayes,  the 

L*rt>  Merchant  for  contracts  beyond  the  Seas  is  allowed ;  For  the  rule  being  ordinarily 

that  actions  muft  be  tried  in  the  County  where  the  caufe  of  them  lay,  and  by  free- men 

of  that  County,  who  are  in  Law  accounted  de  vicintto ,  and  this  not  being  poflible  in 

cafes  commencing  extra  regnum  where  no  County  or  Vifne  of  Englijh  men  is,  yet  ne- 

ceffary  that  fome  triall  fhould  be,  the  Law  admits  what  proofe  can  be,  and  therefore 

witneffes,  Probant  per  teftts  contractus,  &c.  faitb  our  Text ;  and  therefore  as  the  Le x 

Rhodia  which  Vivian  comments  upon,  was  moft  rcafonable ,  To  wit, 

that  if  a  Jbip  in  a  ftorm  did  exonerate  it  felf  cf  fome  goods  to  fave 

Si  lev*«d*  ntvii  Sr«U  fatou  menmm     fa  rej}  4„J  fa  frvts  0f  fa  me„    fat  fare  fk0UU  fa  an  averatc  ,  and 

fta»i  fit,  imnmm  contribHtione  fartuuur ,  „      •  j      „       ,  i    #  t       ■  i       t  r     r     l    r  i         n 

gmdfr.  emmbM.dam*  ef.   D.geji  lib.     *«  the  goods  Jljould  be  contributive  to  the  lojsof  thofe  goods  cap  over- 
ly. Tit.  i.  de  Uge  ^.ii*.  board,  bccaufe  they  were  an  expiation  as  it  were  for  the  whole  ftcured. 

So  fay  I  of  this  proceeding  of  the  Common- Law  ,  'tis  moft  juft  -, 
for  that  it  takes  the  beft  cOurfe  that  can  be  to  decide  differences,  and 

kT&jy%Wtr«R  when k cannot  d0  wliaVr would^r" is  ,cxcufcd  f0/  'uft  in  doif« cbc 

y.nxi.  utmoft  it  can  toexprefs  Juftice,  for  that  rule  of  Bartolus  is  moft 

true  ,  Necefftj  takes  away  freedom. 

Similiter 


A  Commentary  upon  Fortescue,  4,13 

Similiter  ft  chart  a  in  qua  ttftes  nominantur  deducatur  in  curia  regis, procerus  tunc 
fiet  erga  ttftes  illos,  &C 
This  is  another  cafe,  in  which  evidence  by  witnef9  fans  Juries  is  allowed  ±  for,froce 
the  Norman  Conqucit,  chat  fcriptnm  obfgr.atum,  which  the  Romans  called  Sjmbolum,  «.-    m 
Tafala  (whence  Tablina  in  Pltnj,  for  the  phce  where  Deeds  and  Records  were  kept,  sudzus'm. '<***- 
which  we  call  'Afx.««»5 or  Archivum,)  Epiftola,  Teftamentum,  Chirografhum  they  for-   d'a: 
footh  muftlet  in  Chart  a  ,  in  our  Engltfb  a  zW.This  was  ever  fubfenbed  with  wit-  Y^vaji^' E' 
nefles,  not  fuch  as  we  now  ufe,  any  that  firft  comes,  but  the  belt  men 

of  the  County,  and  neighbourhood  ■,  and  that  in  perpetuam  ret  me-     chmptfturum  conf,aknen  ^nSi,c*,um, 
moriam ,  to  preferve  the  credit  ol  it  alive,  even  when  the  witness     t' fiZT^Zrl^tr  SSStt 
arc  dead-,  men  of  quality  being  probably  known  either  by  tneir    cr»obm  «m,  ^hi  ftcm  fign^niu  fir- 
hands  or  fignets,  which  they  affixed  to  their  teftimony.    Now  thefe,    ""*  *?*"''. *»,Ba'»ni i™**««.  ChU 
if  they  came  in  queltion,  it  the  parties  were  alive  to  prove  tnem ,    prmaaum  c»m  m*impnfin»,  ftr  «»<«,- 
were  by  them  proved ;  but,  if  they  were  of  old  date,  and  free  from    ***[&»  ft"1*1*  fa<n*m  p,b  »/»//.«<»« 
fufpition,  upon  production  of  them  they  were  allowed  (every  man    ^^^Tift"  * 'Zll^i 
being  as  it  were  a  witnefl  for  reverend  and  unfpotted  antiquity  .-  )     »  «</?«•.■£*/.  s*vtii. 
In  thefe  and  fuch  like  cafes  the  Law  allows,  and  accepts  of  proofe  by 
witneffes;  but  where  thecaufes  are  refcrrable  to  a  proper  County,  and  a  Jury  of  the 
neighbour  can  be  had,  Per  tefies  folum  lex  if  fa  nunquam  litem  dirimit,  faith  the  Chan- 
ccllour,  adding  the  reafon,  becaufeit  is  the  moil  excellent  form  ;  Et  remotior  a  corrupti- 
ons fericulo,  as  our  Text  is,  concerning  the  excellency  of  the  triall  by  Juries,  which 

•  this  Chapter  proceeds  to  treat  of,  fee  the  Notes  on  the  ij,h  and  26th  Chapters,  where- 
in truely  1  have  written  my  thoughts  of  Juries,  not,  I  hope,  paflionately,  but  with  that 
gravity  which  becomes  a  fober  Author,  considering  that  legal  Juries  are  not  made  up 
of  (imple  men ,  of  which  fcarce  fourc  of  the  twelve  underftand  the  Evidence  j  ft 
that  it  may  feem  rather  to  be  a  matter  of  fupcrfluity  then  of  good  policy,  to  refer  a  mat- 
ttr  to  their  verdict,  when,  as  the j  fa),  no  other  thing  then  as  the  judge  taught  them  before  -, 
Stultum  enim  eft  id  faccre  per  flura  quod  fieri  peteft  per  pauciora,  (as  the  words  of  portor  T^in 
a  more  learned  then  (in  that)  wife  nlan's  were)  but  Juries  are,  and  ought  to  be  made   f'^/e*jf£,he 
of  men  of  worth  and  prudence,and  when  fuch,  they  are  the  readieft  way  to  right  judge-   dtjufiu"u  Law. 
ment  of  fad  of  any  in  the  world ;  and  the  mos  patria  and  ancient  triall  of  England  t-  »*♦■ 
being  cftablifhed  by  thefe  ,  no  wife  and  worthy  roans  mouth  is  to  be  opened  againft 
them  :  the  Rule  of  Law  being,  as  heretofore  quoted,  Neminem  oportet  effc  legibus  fa-   ttg.  jurl 

,  fientiorem. 

O'quam  htrrendum  &  deteftabile  dijerimen  fttpe  accidit  ex  forma  per  depofttionem 

teftium  prbcedendi.  > 

Concerning  this  fee  the  Notes  on  the  one  and  twentieth  Chapter,  whereby  appear- 
ed) what  dangers  may  come,  and  yec  juftifies  in'  thofe  Lands,  where  this  is  the  way  of 
triall,  that  to  be  not  onely  tolerable  but  neceflary  •,  For  God  having  in  all  Nations  ftir- 
red  up  brave  fpirits  to  affeft  Rule,  and  fubjefting  to  them  the  lefs  generous  ones , 
gives  them  fo  excited,  prudence  to  compile  Lawes  rotable  to  reafon  and  civill  conve- 
nience, and  to  perfect  fuch  endeavours  as  they  difcover  in  the  ufe,  the  fitnefs  or  unfit- 
nefs  of  them ,  It  mult  be  thought'  and  concluded  that  Lawes  being  fuited  to  People , 
and  People  to  Lawes,  the  change  of  them  with  introduction  of  others,  would  be  alto- 
gether as  inconvenient  for,  and  naufeous  tothem,  a'shighfoodistoafwaync,  orcourfe 
diet  toa  Courtier  ^  the  confidcration  whereof  prompts  wife  men  to  applaud  the  car- 
rying on  of  Government  in  all  places  by  the  Topique  Lawes,  which  ever  are  the  beft 
for  thofe  places  and  perfons  they  were  fitted  for,  and  have  been  pro fperou fly  govern- 
ed by. 

Nonne  ft  quit  tlandejiinum  contrahat  Matrimonium,  &  poftea  coram  teftibus  mulie- 
rem  aliamipfe  afftdaverit,  eumeadem  confummare  Matrimonium  arclabitur  in 
foro  contentiofo,  &  poftea  in  paenitentiali  foro  judicabitur  ipfe  concumbere  cum 
prima  ft  dtbite  requiratur,  &  panitere  debet  qucties  exatlione  propria  conctf 
buerit  cum  fecund*,  licet  in  utroque  foro  judex  fuerit  homo  units  &  idem. 

This  the  Chanccllour  brings  afrefh,  as  a  Cannon,  that  by  its  (hot  of  reafon,  will  fas 

Sff  he 


Note  this. 


tie  quit  in  ilatri 
punn  vinculo  in- 
difiolutili,  faude 
deciperetxr,  Alex. 
•bAlex.W.  i. 

C.IJ. 


4.14  A  Commentary  upon  Fortescue. 

he  chinks )  through  and  chrough  the  credit  of  dcpofition  by  witnefTes,  and  lay  it  low  in 
the  opinion  of  wife  men  j  to  wit,  that  WitnefTes  may  make  that  good  in  the  Law  which 
is  not  fuch  in  conference  ^  and  want  of  WitnefTes,  that  void  in  Law  which  in  confeience 
ftands  good  before  God,  who  judges  righteous  judgement,  and  who  confiders  things 
as  they  are,  and  not  as  they  appear.     And  this  our  Text  referrs  to  the  cafe  of  Marriage, 
the  molt  excellent,  focial,  and  free  life  imaginable  (perfect  Virginity  and  calm  Chalti- 
ty,  much  profeficd  but  rarely  attained,    onely  excepted  )     This  Marriage  is  called 
Mutrimonium,  becaufeit  of  old  was  the  Act  of  the  will  and  affections,  fixing  parties 
upon  erch  other  in  a  conftant  and  faithiull  bond  of  love,  cohabitation,  and  communi- 
cation of  all  things  each  to  other.     Alexander  ab  Alex,  tell  us  that  the  Temple  Virilit 
Fortune  was  the  place  Whether  all  women  repaired  that  would  (land  to  be  chofen,   and  there 
thej  flood  nakrd,   that  every  one  might  fee  thq  had  no  impcrfctlion,  hut  Were  fuch  indeed  as 
their  choafers  took,  them  to  be :  but  from  the  beginning  it  was  not  fo  j  for  the  purer  ages 
though  they  allowed  candidation,  yea,  and  as  it  were  Candida  ve\te,  the  faireft  carrying 
ufually  the  Market  away .-   yet  there  was  much  fobriety  and  modeft  kindnefs  exprefied 
each  to  other,  and  thefe  parties  were  called  Pater  and  Materfamilias,  as  much  as  thofe 
that  though  they  had  not  yet  coupled,  yet  did  intend  a  Race  of  Natures  improvement 
from  them,    for  though  there  have  been  fome  who  debafe  Materfamilias  to  jufta  Pel. 
lex,  yet  Antiquity  in  the  ftream  of  it  did  not ;  tor  Sulpitius,  the  Ora- 
cle of  Lawyers,  makes  a  vaft  difference,  as  much  as  between  a  lawful! 
Wife  and  a  Miftris  of  pleafure  :  and  therefore  the  more  referved  Au- 
thours  called  thefe  by  the  grave  and  venerated  name  of  Matrons ,  and 
thus  Agellius  affirms  her  to  be  accounted  a  Matron,  who  was  folemn- 
ly  joined  in  Marriage  with  a  man,  in  his  hand  as  publickly  owning 
her,  and  one  that  with  him  continued,  although  yet  there  were  no 
iflue  between  them,  but  they  in  hope  and  in  perfuance  of  it  cohabi- 
ted and  communicated  each  with  other  :  and  Budtus  confirms  it, 
as  all  I  think  muft  do,  that  write  truth.    Hence  is  it  that  not  o-nely 
the  Church  has  this  definition  of  Marriage  in  her  forms  of  folemni- 
zation,  and  in  her  Canons  concerning  it  .•    but  the  Lawes  of  Nati- 
ons do  affirm  the  nature  of  it  to  a  Vnifonictj,  as  appears  in  the  (a) 
Digefl  j  and  as  they  had  their  (b)  Sponfiones,  ( it  being  a  cuftome  of 
old  to  promife  before  Marriage,  and  to  have  fome  intcrftitiary  time 
from  their  confent  to  their  Marriage,  which  we  at  this  day  call 
fair  I  j  promifedor  contrail  td  : )  fo  did  they  exprefs  every  thing  of  more  then  ordinary 
folemnity  by  fomething  nuptial  ;  the  Heathens  had  their  ritus  Matrimoniales.  which 
Mi*«»»Dfp.B'n  tneir  Pricfts performed ■,  they  had  their  dies  Nuptiates,  ©©oJa/*,  «Wm«i,  *W*Wf 
3}i7.*<p.;333t.  the  Eve  to,  the  day  of,  and  the  day  after  the  Marriage,  and  thefe  they  called  Dies 
Nuptiarum  legitimi ;  they  had  their  Ltcus  facer,  and  their  Afiantes  Tcftes,  their  Or- 
natus  Nuptialis,    their  Jnvocationes  &  Hjmnos  Nuptiales,  their  Mmera  &  Cent 
Nuptiales-%  all  things  in  the  Paradoe  of  our  times,  onely  Chriftianity  has  fanftified 
them  by  this  tranfplantation  of  them  into  a  more  facred  Soyle.    This  is  the  nature  of 
the  thing  fpoken  of  in  the  Text,  Marriage,  of  which  enough  •  becaufe  I  have  written 
of  it  in  the  Notes  on  the  2 1  Chapter.-    But  the  adjunct  to  it  is  that  which  makes  the 
ftir  here,  Clandeslinum  Matrimcnium,  ~\    fuch  as  we  call,   Sto!»e 
Marriages,  when  perfons  either  non  fui  juris  do  marry,  or  when 
they  that  arc  fui  juris  do  r.ot  cancnice  ttubere  •,    this  the  Canonifts  fay 
is  fundry  wayes  fo  made,   1.  When  it  is  done  without  WitnefTes. 
2.  When  without  all  folemnity,  hand  over  head,  as  we  fay.    3.  When 
no  publication  of  the  Banes  has  been,  and  when  parents  contents  lias 
not  been  had.   Thefe,  the  practices  of  lucimgous  perfons,  the  Lawes  of  all  Rcligicfn  and 
Society  declaim  againfl,not  as  it  is  an  Act  of  the  will  and  affection  for  ferruminacing  two 
hearts  into  one,and  making  up  fuch  a  confort  as  has  all  the  Notes  of  delight  and  concent 
init  •,  for  fo  no  doubt  'tis  confentaneous  to  nature,and  approved  by  the  God  of  nature, 
by  whofe  donation,  the  powers  of  their  compact  exprefs  themfelvcs :  but  as  the  Act 
has  an  appearance  of  evil  in  it,and  is  abufed  by  evil  perfons.who  by  it  live  infcandal  and 
Thdloff.  Sjrmag.  are  caufal  of  breach  of  charity  in  them  thatcenfure  them  as  finners  in  their  aflbciation, 
»."j."?i?ff?K.  which  in  it  felf  raty  be,  nay  is,  before  God,  lawful,  confent  ontlj  being  inforp  Da  of  the. 

form 


Sulpitius,  Earn  ejus  ui  mmum  convene 
rat,  in  minu  mancipioyue  martti  tffc  dixit, 
id,  eft.  juflam  effe  Matreoifamilias  ;  earn- 
ejue  Concnbinam,  eina  cum  virc  hujiu- 
taodi  Hxorii  confueviffet .  ;it,Um  pilluem 
efe.  Budius  in  PandcB.  prior,  p  27.  B. 
Edit.  Vafco1". 

Idonti  voeun  antiquarum  tnarratorei  tra- 
diderunt  Matronam  diSam  tjfe  proprie.  qua 
in  Matrimtnimm  cum  viro  conveniffet,  quod 
in  J,iatrimenie  maneret,  eliamfi  fit  hirer i 
nondum  nan  forent,  diilumqiie  ejfe  ita  a 
wAtrts  nomine  non  adepto  jam,  fed  cum 
fpe  &  omine  max  adififcendo.  A.  Gel li us 
lib.  12.   f.  6. 

(a)  Lib.  !.T(erHl.  Dijcft.  lib.  i.  Tit.   De 

ritu  Nuptial..  [.  noi 

(t>)  D:g:il.  lib.  25.   Tit.   I.  DC  SpOnfa- 

libus. 


De  die  &  in  facie  Eccltfit  celebrentur. 

Lindwood.  lib.*-,  DcSponfalibus/>.  147. 

&  f-  !«• 

Gratian.  Deem   part.i.  cauf.  30.  ei».  5. 

pet  torum/o/.  1573. 

Tholofl".  Syntag.  Juiis.  lib.  p.  e.  j.  ff.j. 


Lib.    De-  Scneft. 
*  Lib.  A. 


52  H.  i.e.  )t. 

Abbot  Strat. 

Maicell.   Cafe 
10.  Rep. 

Ridley,  Vita  of 
the  La-wes.  p. loo. 
101. 


A  Commentary  upon  Fo  rtescue.  4.15 

form  of  Marriage-,  thefe,   together  with  the  Marriages  of  Priefts,  who  moftly  were 
guilty  of  this  keeping  their  Marriages  clofc  to  avoid  lofs  of  preferment,  knowing  that, 
if  their  Marriages  could  be  proved  by  witneffes  or  instruments,  their  children  would 
be  legitimate,  caufed  the  Canons  of  the  Church  to  be  mod  planted  to  the  battery  of  Ridley,    rim 
this.  And  in  the  time  oi  Gregory  the  Ninth,   Canons  were  made  damnative  of  it  -,  for  •/  ""  C4mn  *ni 
fofaras  any  thing  is  clandeftine,  fo  far  has  it  been  thought  fufpicious  and  uningenu-  ['.I^comme*. 
ous :   fo  Cafar  accounts  Clandeftina  Concilia,    and  Tullj,  Clandeftinum  Colloquium 
cumhofte,  fo  Clandeftinum  fmdus  in*  Ltvy,  and  Metus  clandefiini  in  Lucretius.    Yea 
our  Law  does  not  allow  clandestine  Marriage,  but  difavows  the  pofterity  of  it  •   for 
that  Marriage  that  the  Law  of  England  allows,  is  open  and  authoritative  Marriage,  In 
the  face  of  the  Church,  by  a  lawfull  Minifter,  and  according  to  the  office  and  form 
for  it  appointed,  of  which  the  Bifhop  can  take  notice,  and  certifie  whether  lojal  ac- 
coufle  or  not,  and  in  which  cafe onely  the  iffue,  quoad  Legem  Terra,  will  be  lawful. 
To  this  Marriage  then,  as  Inheritance  to  the  iffue,  fo  dower  to  the  Wife  !6  allowed, 
and  all  other  Macrimonial  Priviledgcs,  which  are  denyed  in  clandefiini  Marriages,  be- 
caufe  the  Church  and  Magiitrate  judges  not  de  oc  cuius  fed  apertis  ;  for  ntn  obfervata  ^  ji";7  '''* 
forma  infertur  adnuflatio  alius,    as  the  rule  ( I  have  hcretolore  quoted  )  is,  which  I  *  cmttm  Angio- 
the  rather  note,  becaufe  fto'.nc  Matches  and  libidinous  Airings   under  the  Palliadoe  J"™  fcr„""J's£ 
and  Urnbrage  of  clandefline  Marriages,  has  been  charged  on  our  *  Nation  long  agoe,  uimando  &  iHX. 
(  but  I  hope  better  of  us  now. )     For  though  it  be  too  true  that  Marriage  was  never  ""and*  sodo- 
under  fo  little  practical  reverence  as  now  it  is  ( the  more  is  the  pity  and  the  fhame, ) 
it  being  fafhionable  to  defert  the  company  of  their  own  to  attend  (  as  Gallants  and 
Mifirtjfes  )  on  others  Husbands  and  Wives :  yet,  God  be  thanked,  Marriage  that  is 
honourable  amongfi  allmtn,  is  theSarftuary  to  wbichall  modefty  beneath  perfeft  Vir- 
ginity, betakes  it  felf -,  and  though  the  finfull  liberty  of  many  Gallants  may  break  in 
upon  the  feverity  of  his  bond,  yet  on  the  graveft  and  greateft  part 
of  the  Nation.that  of  St.  ^r«wr,charged  on  the  H  Scots 'js  not  charge- 
able.   Every  man  may,  and  many  men  do  drink  of  the  water  of 
their  own  Spring,   fo  far  is  the  Saxon  humour  yet  undecofted  in  us, 
that  we  are  for  Wives,  and  but  for  one  at  a  time  neither.  For  though 
the  Jems,  Chaldees,  Gretas,  Romans,  and  other  Nations  had  many, 
yea,though  wife  King  Solomon  was  fafcinated  by  this  curiofity,  which 
laid  load  on  bis  death- bed  repentance  j  yet  with  us  in  England  the 
Law  has  been  to  have  onely  one  wife  at  one  time,  though  the  Statute 
of.  1  fac.c.n.  firft  made  it  felony  without  Clergy.    And  this  refpeft  that  the  Law 
has  ever  bad  to  Marriage,  is  the  reafon  that  clandeftine  Marriage  has  been  decryed,  as 
that  which  evil  pcrfons  have  pretended  to  credit  leachery  •   andgood  perfons,  though 
they  did  it  upon  weighty  reafons  as  to  the  world,  and  warrantable  as  before  God,  yet 
did  not  avoid  that  cenfure,  which  no  humour  or  prudence,  as  they  account  this  aft  of 
theirs,  could  countervailc.     Better  a  thoufand  times  not  marry  at  all  then  privately, 
then  to  one  that  dares  not,  or  will  not  be  known  of  it.   'Fis  a  flavery  which  no  in^e- 
aiousminde  can  content  itfelfto  be  under,  becaufe  it  is  fubjeft  to  be  upbraided,  and 
dares  not  juftifie  its  loyalty.     Upon  all  which  confidered,  the  C-hancellour's  minde  is 
now  to  be  learned ,  and  that  is,  that'where  the  Law  judges  onely  by  witneffes,  that 
being  proved  which  is  lefs,  as  promife  of  Marriage  before  witnefs,  fhall  oblige  •  when 
the  greater  (  Marriage )  being  clandeftine  and  fecret;  though  lawfull  and  firm  before 
God,  maf  be  condemned,  and  one  and  the  fame  man,  by  one  and  the  fame  Judge, 
compelled  to  performance  with  the  one,  and 'fuffer  penance  for  per- 
formance with  the  other,  though  that  in  different  Tribunals,  called 
Fora  becaufe  the  Judges  fat  in  the  Market  places  which  were  the 
Bibft  confpicnous  and  tenacious  places,  and  becaufe  thither  people 
applied,  tlic  feats  of  Juftice  are  called  Fora.  for  as  penance  may  be 
enjoyned  in  if  Curia  Charitatis,    which  is  the  Forum  petnitentiale 
be  e,  for  paying  the  wife  ber  due  benevolence,  according  to  the 
ruleof  the  Apoftle  in  i  Corinth,  vii.?.  (the  that  is  clandeftinely 
married  ,  not  being  in  the  eye  of  the  Church  and  Law  the  wife 
but  a  woman  that  lives  pleafurably,  and  fo  finfully  with  him,  be- 
caufe not  fjlemniy  married  to  him)  fo  may  he  that  has  promifed 

sffi  be 


mitici  Geatis  fa- 
dam  duxtjfe  vi-  . 
turn,  Boniiacius 
Epifc.  Mentz  in 
E/n/t.  afud  An- 
tontnuio,  7Y/.14. 
<:.  2.  (T. 


%  Initio  uxorei  prtfriat  tun  habet,  lib.  I. 
Adv.  JofinUnum. 

Omnium  fere  qui    ad    Seftentrionem    &• 
crtum  habitant,    feli  muca  uxore  come,  ft 
initio    fane,     Sabcllicm     Ennead.    6. 
lib.  a. 


Zuinget's  T»:air.  vita',  human*, 
lib.  2.  p.  JJ17,  ad  jji6. 


VOl.  29, 


Eorum  afftllat  Quintilianus  in   quo  ju- 
dicia  publtca  exercebantur. 

Budxus  in  rV»ndelt.  in  f,  3$.  67>  »S». 

HGIanvil.  lib.  io.e.  12. 
£uia  Ecclefia  non  potejt  judicare  de  his  qua 
latent,  &  ideoji  de  clam  contracjil  nuftiil 
coram  judice  Etclefiaftict  agalur ,  cum 
dubiuxn  itti  Jit  non  tntemeniente  Eccle/iafti- 
ca  filenmiale  an  fueral  faSum  ttairime- 
nmm,  nin  fotejf  amftllere  fervare  Mud. 
ThololT.  Syntag./it.  i.e.  <.  De  PerlbnU 
&  ritu  Napiiaium. 


^\6  A  Commentary  upon  Fortes  cue. 

b"  enjoyned  to  make  good  his  promife  in  foro  contintiofe,  that  is,  I  y  jfticn  of  the  Cafe 
to  the  pcrfon  to  whom  he  is  affiduted  ,  r.oiwithftandmg  he  is  married  privately  to  the 
firft  becaufe  thefecond  promifcd  has  adaramagc  by  the  bruit  of  being  promi fed , 
and'loofch  her  opportunity  with  another,  and  the  Man  ihat  cot-pies  with  the  Wo- 
man he  is  clandelhnely  married  to,  (ball  be  enjoynid  penarcc  for  his  effeminacy 
with  her  ( who,  though  in  truth  his  own  wife)  yet  in  repute  is  but  his  woman. 

Which  confidered,  the  Chancellour  urges  this  effeft  of  witneffesupon  the  pofitivi- 
ty  of  their  Oathcs  (which  cannot  be  foftned  by  conliderauon  of  circumftarces  which 
in  cafe  of  a  Jury  woyld  be  probably  in  fome  fort  allowed)  to  be  very  hard,  O  quant 
horrendum  &  deuftabilc  difcrimn,  as  his  words  are,  which  sre  anemphatick  ejacula- 
tion, arguing  admiration  and  vehemence  ,  as  if  he  confdercd  a  man  thus  ftraightned, 
as  not  knowing  what  to  do,  which  way  to  take,  but  to  be  perj  lexed,  as  the  Leviathan 
is  described  in  fob,  fo  it  followes. 

Name  in  hoe  caftt  ut  in  Job  ferflexi  Jnnt  teftienli  Leviathan  •,  Pnh  pnder  vert 
ptrplexi  funt. 
Thispaffage  outof  fo^.isinChap.40.f.  17.  fpokenofthe  Behemothof  the  land, the 
Elephant  the  words  are,  He  moveth  his  taile  lilej  a  Cedar,  the  fintwes  ef  his  fiines  art 
wrapped  together  -  which  words,  thoughuhere  be  fome  that  apply  to  the  Leviathan  ,  or 
whale    yet  the  ftreamc  of  learned  men  underftand  the  Elephant,  Qtieis.,  the  Creature 
which  'cannot  be  chafed  without  danger  and  hazard  to  his  hunters.    Now  this  beaft  , 
though  the  largeft  and  moft  robuft  of  all  Creatures  ,  and  therefore 
(a)  fe  Hie  an  fayes ,  the  Ramification  of  histeftides  is  purpofelyex- 
preffed  to  fet  fort!?  his  invincible  ftrength  abeve  all  treat  ares  ;  5ir.ee 
the  nerves  fo  plafhed  andentenwined  each  in  other,  do  confirm  and 
fix  the  ftrength  of  the  part  in  which  they  are  thus  complicated ■,  this 
beaft,  1  fay ,  is  faid  to  be  perplexed,  the  word  T*3  f  gnilyirg  a  nerve, 
by  R.  David  en  48  EJaj  c, .  is  rer.di  td  by  virga  firrta  ,  becsufe  the 
nerves  are  in  Cervice, and  makes  the  body  like  a  pillar  of  iron  or  brafs, 
folid  and  durable,  efpccially  when  nerves  are  HHB  ^IM  Nerzi  tefti. 
cptlornni,the  nerves  of  thofe  parts  which  are  moft  guarded  by  us,  be- 
caufe moft  to  be  feared  in  their  hurt-taking-,  ar.d  therefore  W^iP?  ra- 
mificatedjhick>»ed  anl  (inngthntd  by  their  retienlatiort:Jh\s  then  I  con- 
ceive to  be  the  fenfe  of  the  words(though  God  had  made  the  Elephant 
of  fuch  ftrength  even  in  his  tendereft  parts,  yet  fuch  a  ftraight  is  he 
fometimes  upon  hunting,or other  exigent  brought  to,that  bis  ftrength  failes  him,and  he 
growes  cold  in  the  neft  of  his  heat,  and  weak  in  the  element  and  lphear  of  his  ftrength  -, 
which  applied  to  the  inftance  in  the  Text,  makes  good  the  purpofe  of  our  Chancellour, 
that  the  various  effects  of  aftions,as  they  .arc  proved  by  witnefs  or  not,may  difh  aft  men 
of  great  wit  and  courage,  fo  that  they  may  not  know  whiih  way  to  turn  rhemfelves •  but 
as  people  in  fcares  and  tranfports,  are  forely  angariated,  F'ropudor  vert  perplcxi,~)  as 
the  Texts  words  are:  For,  as  between  two  ftooles,  we  fay,  a  man  gets  a  fall,  fo  be- 
tween thefe  two  rivalls,  for  a  mans  company,  the  man  loofeth  himfelf,  tn  an  uncouth 
defpaire and disfatisfaftion,  which  of  the  wayes  to  take,  and  women  to  apply  to.    And 
this  the  Chancellour  charges  on  the  proceeding  by  witr.efs,  as  caufall 
of  the  confufion  and  uncertainty,  but  whether  fo  or  r.ot,  I  deter- 
mine not ,  •  fince  arguments  from  accidents  to  Subjefts  do  not  follow 
alwayes,    For  though  I  know  there  be  no  fuch  Magick  Girdle  in 
our  Law,  as  Boi{fard>ts  fayes  amongft  the  French  is  ufurall,  ar.d  ap- 
proved to  diffolve  Marriages,  by  incapacitating  the  parties  to  aft 
their  kindeneffes  each  to  other,  which  is  a  perplexity,  which  every 
unhappy  fufferer  cries  Pnh  pudor  upon  ;  yet,  in  as  much  as  poffible 
it  is,  that  witneffes  credited  over-much  by  Juries,  may  drive  a  mat- 
ter tothisfatall  iflue,  I  will  not  peremptorily  fay,  that  'cis  impoffible,  though  I  may 
iafely  fay,  'tis  improbable  any  fuch  thing  fhould,  and,  1  think,  without  prefidenr,  that 
Tale  malum  ant  difcrimtn  in  cafti  aliqno  (venire  pcfpt,  etiamfi  Leviathan  ipfe ea  generare 
«itatur,ns  the  words  of  the  Text  are  ;  And  fo  with  a  recollection  of  what  has  patted, 
and  an  application  of  the  reafonof  them  to  the  credit  of  the  Common  Law  in  this 

method 


Behemoth  F.lc- 
phaiuem    intM-     ■ 
turn  omnis  He- 
brai.  Groc.  in 
locum. 

«  )  iAd  invmcibilt  nbur  fra$and»m  fit- 
pra  omnia   Mtumdnit.t  rcliaua,  in  LOC 
Aldrotandus  di  Quadrup.  *  f- 44»-  *^  P- 
*5°- 

Tiliti  halt  mn  font  cmfpicuoi  fid  mtm 
circa  rtnn  condiioi,  Pliniui  dc  Elephan- 
10. 


(*)  *in5-  V'nre.  formtdart. 

Ttgfn  iniricari  funt,  nam  ntrvu  inlm  ab- 
fionditot  hain  .  Grot  in  Loc.  *x  Aiitt. 
lib.  12.  dt  Gen   Auimal. 
Aldtov.  ii  Quadruped,  p.  450.451. 


LiguU  mod  hi  magicut  frequent  *f>ud  G  Al- 
ios, quo  e>xelte*ti*  M ammonia  fhlvantur  , 
&  conimgalg  vinculum  a  deo  injiitutum  /*- 
befaSrntur  j  &  tajnen  hie  Agere  non  tantum 
jerdutrum  haminum  eftt  fed  virorum  tant- 
rum .y-  honefidrum  famtnarttm,  nee  futant 
hoc  t  Am  ejtoimi  facmore  dtum  ofjendi,  quod 
id  tmffune  futtrant  emnet  &■  dm  e ant. 
lioiP.arduSj  lib.  de  dtvintt. 


A  Commentary  upon  Fortescue.  4.17 

method  of  Juries,  he  concludes  the  Chapter,  gratulating  the  Lawes  as  victorious  after  ■ 
all  theedipfesandfc.utinies,  prejudice  in  fome,  -and  disaffe&ion  in  others  put  upon 
them  i  notwithftanding  all  which  they  do,  Tanto  mages  clarefcere,  quanto  eisdemtu 
amflius  relnilaris ,  as  his  conduiiv  e  wor  ds  are. 


CHAP.   XXXIII. 

Princeps.  Video,  inefuit,  &  eas  inter  totius  orbis  jura,  incafuquo  jam  fudafii  praful- 
gere  ,C9Hpdero  in  Ltgibus  fnis  m'mme  deleft  atos,  &c. 

THis  Chapter  is  purely  tranfitional,  and  framed,  by  the  liberty  of  Dialogue,  to  ac- 
commodate the  continuity  of  the  difcourfe ■,  and  to  introduce  the  Chancellour, 
not  fo  much  imperioufly  commanding  (for  that  had  not  well  become  him  though  the 
Nonages  of  Prir.ces  level  them  alfo  to  their  Tutour's  temporary  and  difciplinary  Sove- 
reignty) as  fweetly  following  the  prince  with  fuch  tuition  as  might  occafion  his  Que- 
ftions>,  and  fuch  folidity  as  by  anfwer  might  refolve  them.  Now,  as  in  Comparifons 
there  cannot  be  a  total  and  complcat  conefpondence,  but  in  fome  of  the  four  feet 
they  move  upon,  they  are  defective  and  untunable  ■,  fo  in  Difcourfes  Dialogique,  there 
is  not  a  dircft  and  drift  verity  of  Hiftory  and  Faft  in  every  part  of  the  queftionary 
and  to  be  refolved  part,  becaufe  that  ( like  CA.««-fr;-Bills)  being  formed  todifcover, 
is  compofed  of  fuch  generalls,  ss  in  the  anfwer  to  them,  will  comprehend  the  matter 
aimed  at  to  be  refolved.  lor,  as  Rivers  by  circumambiency  and  circularity  of  current 
ar.d  channel  bring  thcmfelves  to  their  Center,  and  the  Rider  on  them  to  his  Port ■,  fo 
do  Quefiions  vagcly,  if  with  ftrengh  of  artpropofed,  promifc  proper  refolution  to 
what  is  moft  material  and  of  confequence  in  them.  And  hereupon,  though  I  am  apt 
to  believe  the  Prince  might  anfwer  in  the  love  of  his  heart  and  fatisfaftion  ©f  his  judge- 
ment this  pcrfonation  here,  in  thofe  words,  Video,  &  eas  inter  totins  Orbis  Jura,  in 
cafu  quo  tu  fndhfli  prtfnlgcre -,  ~]  yet  do  I,  under  favour  of  our  Text-Mafter,  much 
doubt  bis  privity  to  the  next  daufe,  Confidero  turner.  Progenitorum  mcorum,  Sec,'} 
becaufe  ( as  Ifhall  in  the  next  Chapter  make  appear  )  I  know  not  whom  of  the  Kings 
of  Englandbe  could  intend  here  ■,  for  none  of  them  do  I  ever  remember,  fo  little 
concerned  in  their  own  ftability  as  to  part  with  the  Municipe  Common  Law,  the  firm- 
eft  Bond  of  Sovereignty  and  Subjeftion  next  Religion,  according  to  which  it  is  fra- 
med, and  which,  in  all  the  feventy  of  it,  it  affirms  ■,  nor  is  it  (  were  there  any  truth 
intheflory  of  fuch  miftakejufualfor,  or  commendable  in  Princes,  to  mention  their 
Prcdeccflours  with  dishonour,  as  truely  this  is,  not  to  be  delighted  in  their  own,  but 
enamoured  with  forein  Lawes.  This,  1  fay,  being  the  Subjeft  of  this  Chapter,  and 
fo  onely  the  Prince's,  as  by  it  he  is  pcrfonated  in  thq  order  of  the  Dialogue,  courts 
me  tonolongftay  on  the  confederation  of  it,  bnt  ferves  me  for  a  Pafs  to  the  following 
Chapter,  in  the  Notes  on  which  the  fuller  difplay  of  thefc  matters  will  appear. 

Satagentes  proimde  Ltges  Civiles  ad  Angliae  Regime*  indncerc,   &  Patrias  Leges 
repudiare  fuijje  conatos. 

Matter  Selden  on  thefe  words  confefTes,  He  underflands  not  the  Prince,  and  his 
reafon  is,  becaufcthe  Chancellour  here,  fpeakingin  the  pcrfon  of  the  Prince,  tells 
of  fome  of  his  Progenitors,  who,  admiring  the  Civil  Lawes,  endeavoured  extrufion 
of  the  Lawes  of  the  Land,  commonly  uled,  and alwayes  approved  beft  for  this  Na- 
tion.- andwhat  Kings  (huhbe)  of  Enghndtver  defiredthe  L*ws  of  Rome  ?  As  inti- 
mating, that  no  preiident  can  be  brought  for  this  averment.  But,  with  leave  of  that 
learned  Gentltman,  I  think,  if  due  confederation  be  had  to  the  form  of  fpeech,  'twill 
not  be  Grange,  that  he  (hould  put  a  queftion  at  large  to  receive  an  anfwer  in  point  .* 
for  the  Chancellour,  being  defirous  to  take  occafion  to  fpeak  of  both  Lawes,  and  of 
the  conveniercfes  and  inconveniencies  of  thofe  to  good  Government  and  Order,  and 
coveting  a  jo  ft  provocation  to  bring  them  in  view  with  reproach,  who  endeavoured 
to  remove  the  ancient  bounds,  and  to  takeoff  the  difhonour  from  Kings,  the  faults  of 

whofe 


4^8  A  Commentary  upon  Fortescue. 

whofe  Minifters  are  sccounred  to  them,  moftaner.d  to  their  difadvantage,  and  fome- 
tim«s  to  the  endangering  of  their  Governments,  brings  the  Prince  in,  layiDg  a  heavy 
charge  againfl  thofe  he  complains  of,  that  fo,  in  the  anfwer  the  truth  may  be  the 
more  tranfparcnt.  And  therefore  the  words  are  not  to  be  taken  de  facto,  as  if  any 
Kings  had  fo  done  ■,  but  de  more  Prudentis,  who,  defiring  to  make  way  for  this  defgn 
does  it  by  aflertions,  which  are  not  onely  poflulative  of,  but  important  to  be  anfwe- 
red.  For  Juggefiions,  that  fcem  in  their  firfl  appearance  wilde  ar.d  eccentrique  in 
their  jufl  txamen  caufe  notable  defences  and  difcovenes  of  matchlefs  advantage,  it  be- 
ing in  refolutions  depending  upon  Qucftion,  as  in  things  that  men  feek  for  and  would 
finde,  they  muft  feek  as  well  where  they  are  not  as  where  they  are  -t  fo  the  depth  of 
wifdora  is  often  arrived  to,  when  queftions  are  made  notfeemingly  conducing  to  it  .- 
and  we  often  finde  what  we  mofl  expect,  from  that  def:  gn  or  eflay  that  we  leaft  con-  . 
fide  in. 

As  for  any  that  endeavoured  to  undermine  the  good  Laws  of  England  by  Forein  and 

Imperial  I.awes,  they  were  hot  of  the  Race  of  Kings  ■,  ( for  they  are  as  much  honoured 

fecurediand  dignified  by  the  Laws  of  England, as  by  any  other  Law  :  and  Government 

is  as  much-carryed  on,  in  the  point  of  Juftice,  under  the  Englifb  Lawes  as  any,  infomuch 

that  King  James,  who  was  born  and  bred  under  the  diftribution  of  the  Civil  Law,  and 

was  of  great  years,experience,  and  learning  in  the  Laws  of  Nations>fayes>  as  heretofore 

I  have  quoted  him,  Notwithftanding  that  he  think/  he  liable  to  prove  it,  that  the  grounds 

fcS/ILiw.  :«o7.   rftht  Common  Law  of  England  are  the  btft  tf  any  Law  in , the  World  either  Civil or 

p.  $u.  of  his      Municipal,  and  the  fitteft  for  this  people,  thus  He  ;  Kings  and  Princes  of  wifdom  and 

Works.  moderation,  preferring  old  and  approved  Lawes  and  Cuftoms  beyond  new  conclufi- 

ons  and  models. )     But  thofe  that  were  for  novity,  and  either  appeared  vain  or  vile 

perfons,  fuch  as  had  new  projc&s  to  rule  towards,  or  thought  Lawes  but  like  Rattles  of 

no  folid  import  to  the  honour  of  a  Nation,  Non  tarn  cemites  Regni,  quam  hoftes  Pub- 

?wUfiSCuir'     l,ci>  as  Sarishurienfis  terms  fome  evil  Counfellours  in  his  time;    fuch  were  Ale. 

xander  A  rchbifhop  of  York.,   Robert  deVere  Deputy  of  Ireland,  Michael  de  U  Pool 

Earl  of  Suffolk^,  Robert  Trefiliatt  Chief  Juftice,    who,  in  the  Parliament  n  R.  2. 

were  by  the  King  and  Lords  in  Parliament  protcfted  againfl,  for  endeavouring  fuchai 

see  sued,  nob  fubveriion  of  the  Lawes  as  this  the  Chance|lour  treats  oi  ;  fee  the  judgement  thereon 

Pieface  to  the      in  Mr.  Stldcn  on  portefcuc,  c.  J  2.  p.  4 1 .  There  is  an  Account  in  Roger  Bacon,  that  King 

iif  7° "2  hC  ho  StcP^cn  ma^e  an  Edill  againfi  the  LaWes  of  Italy,  which  Sarisburienfts%  a  man  of 

Jjw"'m'"  great  place  and  authority  both  with  the  King  and  the  Pope,  fayes,  wasonely  to  indiS 

£dit.iS9t  Lug-  the  Canon  Law  ;  for  he  mentions  it  as  an  offence  to  the  Church,  his  words  are  thefe 

dun.  Bativoium.      ...        .......         _      .      ,  .      .  ,  .     ■  '  .  „      ' 

Altos  vtds  qut  hbros  Legis  deputant  ignt,  nee  (emdereverrntur,  [i  m  mantis  corum  Jura 

pervenircnt  aut  Canines  ;  and  he  goes  on,  Tempore  Regis  Stephanie  Regno  jujfa  funt 

Leges  Roman*,  anas  in  Britanhiam  domus  venerabilis  Patrit  Theobaldi  Bntanniarum 

Primatis  afciverat  -}    ne  quis  etiam  libros  retineret  ediSo  Regio  prohibitum  eft,  &  Vi- 

cario  tioftro  indicium  ftlentium,  fed~Dto  fatiente  eo  magis  virtus  Legis  invaluit,  quo  earn 

amplius  nitcbatur  impietas  infirmare,  fo  He. 

he*/.  ».p.  «•       Indeed,  faith  the  learned  Sdden,   in  A  rchbifhop  Theobald's  time  both  the  Canons 

and  Civil  Law  began  to  be  published;    and  its  like  enough,  that  going  from  Bee  in 

■     Normandy  (  where  he  was  Abbot )  10  Rome  for  his  Pall,  he  might  bring  thofe  Lawes 

home  with  him  •  and  it  fhould  feem  the  then  Pope  took  this  fo  heavily,  that  he  by  a 

Legate  feverely  increpated  him,  and  told  him,  as  1  have  it  from  rviHiam  Malmsburj, 

Nori  debere  ilium,  qui  ft  Chrifti  fidei  fubjettum  memipijjet,  indignari,  ft  4  miniftris 

Chrifti  ad  fatisf actionem  vocatns  e§et,  t/tnti  reatus  cenfeius,   quantum  nofira  SactiU 

in  Novella  ui>.  i.  nunqnamvidiffent,  and  he  adds,  that  he  feems  in  a  kinde  ungratefull  in  thus  doing,  Ex 

London £  "'       hbito  etiam  oportere  utEccleftt  faveret,  cujus  finu  except  us  non  manumilitum  in  Re- 

gnumpromotus  fuiffet.     But  Stephen,  for  all  their  bigg  words,  defpiftd  the  Canons, 

and  commanded  none  of  the  Clergy  to  ufe  them,  or  go  to  Rome  to  appeal,  £uia 

fi  quit  contra  voluntatem  fuam  &  Regni  dignitatem  ah  Anglia  quoquam  tret,  difficilis 

ei  fortafie  rcditns  effct,  they  were  the  words  of  Albcric  de  ftr*  the  Kings  Lawyer  or 

Juftice,  as  I  finde  them  before  quoted. 

Horum  revera  confilium  vehementer  admirer. ~]  And  well  he  may,  for  the  Lawes  of 

England  make  Bnglandnox  a  populzr  State, but  an  A/tgxfi  Monarchy  j-not  dependant 

•  on 


T*S-  l0*- 


A  Commentary  upon  Fortes  cue.  ^ip 

on  Pope.or  People,  bat  on  God :  not  eleftive,but  fuccelTive.and  by  conflant  recognition 
fettled  and  declared  it  fo-not  fubjeft  to  abforpnons,as  Am  [aliens  L*Vr  of  France,  which 
cuts  off  daughters  and  their  iiTue,  but  as  rightfully  fuccefsive  in  the  line  of  de'fcent , 
whether  Male  or  Female,  tmrried  or  fingle,  of  an  other  Nation  or  our  own  ;  right 
to  the  Crown  takes  away  all  imperfeftions :  no  King  is  an  alien,  a  minor,  an  ideot  •  he 
that  is  fuch  is  everyway  accomplifhed,  worthy  our  duty  and  prayers.  That  adage 
had  fignificancy ,  Quit  quid  coronation  videris,  etiamfi  bos  fit,  adorato ;  fo  that  all  things 
confidered ,  and  the  Common  and  Statute  Law  being  fo  fubfidiary  to  the  Crown,  and 
fubfifting  it  upon  fuch  a  bafis,  as  nothing  but  Treafon,  Treachery,  Per  jary,  and  Nati- 
Onall  defection  can  endanger  or  fubvert,  I  clearly  am  of  the  minde,  that  the  Counfell, 
that  (hall  difparage  the  Lawes  that  yeild  fuch  aide  to  the  being,  fubfiftence  and  glory  of 
Regality, (hou\A  be  attainted  ■  Tor  'tis  againft  reafon  that  fuch  a  Zimri Should  have  peace 
who  thus  endeavours  to  abufe  his  Matter, by  dishonouring  his  Matters  Miftrifs,f/b  LaVe. 
But  in  all  times  fome  fycophants  have  bepeftred  the  eares  of  greatnefs ,  and  fufur- 
rated  pernicious  Principles  into  it ,  which  has,  by  Gods  juft  vengeance ,  been  the 
ruine  of  the  givers  of  fuch  ill  advice  ■,  of  this  number  were  Empfou  and  Dudley,  who, 
contrary  to  the  ancient  way  of  trying  men  per  legem  terra,  upon  a  bare  information, 
without  Triall  by  twelve  men,  obtained  an  Aft  of  Parliament  of  1 1  H.  7.  c,  3.  to  be 
impowered  to  derermine  all  offences,  againft  the  Statutes  made,  and  not  repealed .- 
This  un juft  and  injurious  aft  ( they  are  Sir  Edward  Cockj  words,  not  mine)  by  the  for- 
ged, feigned,  and  crafty  informations  of  them,  brought  great  dammage  and  wrongfull  1  i»nit.  p.  jr. 
vexation  •  and  the  iM  fuccefs  hereof,  and  the  fearefull  ends  of  thafe  twoopprejjors  fbould 
itterr  others  from  committing  the  like,  and  (hould  admom/h  Parliaments,  that  in  fiead  of 
this  ordinary  and  precious  triall  Per  legem  terras  ,  they  bring  not  in  abfolute  and  partiall 
triaSs  by  difcretion,  fo  fayes  verbatim  Svc  Edward  Coo^.  For  'tis  fit  that  thofethat 
attempt  to  fubvert  and  enervate  the  Kings  Lawes,  (hould,  according  to  the  old  writ, 
Ai  capiendum  impvgnatercs  Juris  Regis,  be  carried  ad  Goalam  de  Newgate,  which  is  T^i/f.p. 
lex  terra,  by  procefs  of  Law,  in  this  cafe,  to  take  a  man  without  anfwer  or  fummons, 
and  the  reafon  is,  \Merito  beneficiutn  legis  amittit  qui  legem  ipfam  fubvertere  intendit  j 
and  1  wifh  all  that  will  not  take  warning  by  their  mifcarriage  may  fare  as  they  did: 
For,  as  the  Lawes  have  hitherto  feen  their  defire  upon  their  enemies,  and  by  their 
judgment  fent  them  to  their  Execution,  fo,  I  hope,  for  hereafter  they  (hall :  andfo 
the  Prince  ends  this  three  and  thirtieth  Chapter. 


Cooks  1  InJHi.f, 
jr. 


Sir  Ed.  Cook 
»  Inli't.f'  lit 


CHAP.     XXXIV. 

CanceSarins.  Non  admiraris  Princeps  ft  caufam  hujus  conaminis  mtnte  f elicit  a  per- 
traftares,  &c.  Audifti  namque  fuperius,  quomodo  inter  leges  civiles  pracipaa 
fententia  eft  maxima  ilia  qua  fie  canit,  quod  principi  placnit  legis  babel  vigo- 
rsm.  &c. 


■ 


rT^His  Chapter  openeth  the  caufe  why  the  Prince  expefted  to  be  anfwered  by  him , 
J_   according  to  his  fcruple  pre-recited  •  And  for  what  concerns  the  rule  of  the  Ci- 
vil! Law,   Quod  Principi  flacuit,8cc.  Lftull  referr  the  Reader  to  the  Notes  on  the 
ninth  Chapter,  where,  as  in  every  other  part  of  this  Book  1  have  endeavoured  (  by   The  Authoi5 
Gods  grace  conducting  me)to  demeane  my  felf  as  a  fober  Author,  a  fincere  Subjeft,an   defire  in  tbii' 
humble  Chriftian,  and  an  honeft  Englifi  Man  ought  to  do  (  of  that  then  I  have  nothing   *ook- 
to  add,  but  to  pray  in  David's  words,  Give  thy  fudgments,  O  Lord,  unto  the  King,  and 
thy  righteoufnefs  unto  the  Kings  fen  :  And  then,  when  the  King  by  this  Royall  Donati- 
on  is  redeemed  from  erroar  in  judgment,  there  will  be  no  terrour  in  the  rule,  Quod 
principi  placnit  legis  habct  vigorem  ;  For,  then  he  will  not  judge  upon  his  own  advice, 
but  with  advice  of  Counfellours ,  and  in  the  capacity  of  a  Regall  Encathedration,  at- 
tended with  fage  and  prudent  men  of  all  ranks  and  ages,  which  makes  it  placitnm  non 
mera  voluntatis  &  arbitrii,  fed  rationis,  ctnfilii,  jufiitia,  as  all  the  Doftors  agree  this 
claufeof  their  Law  to  import;  and  thus  fenfing-  it,  as  it  on  the  one  hand  waves  the 

nconfufion 


±10         A  Commentary  upon  Fortescue, 


In  m[u  fuit  reiptblica  offci* 
conjenfu  &  /'#■*£'«  ftf*b 
difpenfare,  &  hoc  elevattone 
tmrnuum  ;  unit  a  Graccis  yn- 
g/\o,<t\cn  vocantur  qui  in  re- 
fcriptis  imperatoris  Theodofii 
&  ValcntiniCreatores  appel- 
lants cum  vulgo  creditores  , 
Cu  jacius.  apttd  Petreium  in  no- 
tis  ad  Philonis  librnm  dt  offi- 
cio Judicis. 

(t)Legtt  ndmtjkt  lAnglntim  licit  mnfttiftu 
Itgti  appelUri  tan  vidcinr  abfurdum,  cum 
hoc  ipfuno  Itx  fit  auod  principi  fUctt  ir  It 
pi  halel  vigorem,  idufilictt  tjHAi  fnfer  <U- 
hii  in  confilu  defimendii  Preeemm  anidtm 
confilu,  &  frinafit  tcccdenle  tuhoruiue 
confitt  eft  promHlgeum.  Gliovil.  in  Pio- 
log.  ant.  Tiaftat.  dc  leg.  8c  Confuetud. 
A»gl. 


4  In  fit  t.I.f.J. 


confufionof  popular  fuffrages ,  ihc  candidates  to  which  do  cringe 
and  crouch  to  their  voters-,  and  being  their  creatures  are  apt  to 
tempt  them  to  partiality ,  to  gratifie  their  importunate  cravings , 
which  was  the  inconvenience  in  the  popular  Government  of  Rome,) 
fodoesic  alfo  relate  to  the  abfolute  and  unlimited  wills  of  Piinces, 
over  whom,  though  Authoritatively  and  with  Magiftery  none  have 
power  within  their  Dominions,  but  onely  God,  whofe  their  Life- 
Breath,  Thrones,  Power,  and  Soules  are,  and  who  with  them  can 
do  what  he  plcafe  •,  yet  in  thefe  the  voice  of  wifdom  advocating,  the 
love  of  benevolence  conjuring,  and  the  reafon  of  policy  advifing 
all  tranfa&ions  by  advice  and  ferious  confideration  (feparate  and 
abflraft  from  pafsion ,  and  the  bewitching  tranfports  of  it)  do  but 
declare  them  great  to  good  purpofes ,  and  not  advantage  princes 
beyond  what's  virtuous  and  iafe  for  them  to  affume,  and  for  their 
Sub  jefts  to  fubmit  to.  For  fo(«»)  Glanvi/l,  who  wrote  in  Henrj  the  fc- 
eond's  time,  (a  happy  Reign  under  a  moft  pious  Princc,uncler  whom 
Juftice  fo  flourifhed,  that  no  man  durft  be  unjuft,  or  conrumacious 
againft  the  Lawes  ■, )  I  fay,  this  King,  who  ruled  fo  potently,  becaufe 
he  feconded  his  power  with  virtue,  did  fbdemeane  himfelf  under 
the  liberty  of  this  Maxime  of  grandeur,  that  (a)  Glanvi/l,  one  of  his 
Judges,  allows  this,  guod  principi  placf.it,  &c.  not  to  be  contrary  to  the  Common 
Law  of  England,  when  affociated  with  the  Councill  of  his  wife  men,  His  Peers  and 
Commons  in  Parliament.     For,  as  in  the  fenfe  of  the  Kings  giving  life  to  the  prepara- 
tions and  advices  of  both  theHoufes,  itisfaid,  a  Parliament  can  do  everything,  ic 
being  the  ultimum  fapientii  ,oi  which  no  difhonourable  or  defeduous  thing  ought  to 
be  imagined  ■,  fointhe  fenfe  of  the  .two  Houfescounfel  ling  the  King  topafsaLaw 
and  he  accordingly  affenting,  f%uod  Principi  placuit  may  become  an  EngHJb  Law, 
without  any  entrenchment  on  lenity,  or  the  Subjects  liberty,  both  which  are  then  only 
endangered,  when  they  are  beleagured  with  Power  and  Paflfon,  in  the  High- noon  of 
which,reafon  is  as  at  Midnight  dark  and  inorient.So  long  then  as  God 
perfwades  the  Prince  to  moderation,  and  keeps  his  eyes  intent  on  his 
dependence  on.  him,whofe  vicarage  his  mortall  divinity  is,the  great- 
nefs  of  his  power  will  not  provoke  him  to  extend  it  beyond  the  line 
of  prudence  and  piety  ;but  fo  to  ufe  the  prerogative  and  participati- 
on with  fupernity  that  he  hath,that  it  may  appeare  he  onely  refolvcs 
it  into  the  glory  of  his  inftitutor,  and  end  of  his  inflitucion  •,  which 
is  not  onely  the  voice  of  Scripture  in  the  affertion  of  wifdom  ,    By 
me  Kings  Reign  ,  and  Princes  decree  Judgment:  but  alfo  of  thole 
Heathen  Oracles,  which  by  calling  Apodo,  Neptune ,  Priapus,  Jupi- 
ter, Kings ,  taught  King  to  adt  according  to  the  natare  of  God 
Suaviter  &  fcrtiter  •   Paternly,  with  bowells  of  good  will  to  their 
Weale,  and  feverely  to  the  prefervation  of  Authority  in  all  the 
juft  and  ufefull  appendencies  to  it.  And  fince  the  power  of  Icgiflati- 
ub.  i.  dc  jur.    on  is  eminently  in  the  Prince,  and  every  humane  Law  depends  fo  upon  the  will  of  Man 
Belli  &faa,.  p.   t^it  n  noc  onejy  is  tnere  in'oWg-*w* ,  but  in  duratione,  as  Grctius  his  words  arc ,  there 
is  good  reafon  to  pray  for  Princes  direction  in  well  doing,  that  they  may  both  further 
it  by  their  Lawes  and  in  their  lives ;  which  if  they  do  deiire  to  do,  this  Quod  Principi 
placuit  legis  habet  vigorem  will  not  be  too  great  a  prerogative  for  them.    For,  though 
they  will  eafilj  contemne  fuch  Jhadcwes  of  God,  who  reverence  tut  that  fupreme  and  adora- 
ble Majefly,  in  comparifon  of  whom  all  the  glorj  of  men  and  AngeHs  is  but  ebfeurity :  Tet 
hath  he  given  fuch  charaBers  of  divine  Authority  and  facred  power  upon  Kings,  as  none 
may  Without  fin  feek.  to  blot  them  out ;  nor  (had  their  blacky  veiles  be  able  to  hide  the  fl»-  , 
ning  of  my  face,  while  Godgives  me  a  heart  frequently  and  humbly  to  converfe  with  him% 
Eic»n  Bafilic.      from  whom  alone  are  ad  the  traditions  ef  true  Glory  and  Majeftj  •,  fo  faith  that  glorious 
1  Monarch,  our  Martyr'd  King  Charles. 


$ha  cjuidem  dt  «»y»Mofes  Tiegii  iftei  *c 
pnnapei  cpnaft  corporate!  cjuofdam  Decs  fuo 
ntminc 'ctnfiuiat  cjhi  ""  'Rtfregcvda  &  mode- ' 
md*  Vietnam  a  operam  praftant.  Hop- 
petus,  lib.de  lnfii..  Ftincipnm. 
Vcrum  *c  proprmm  boni  fnncipu  munut  eft 
in  inupnem  &  ftmlimdincmut litem, fit- 
num  tanmtdomm  ib/imt,  in  umui  ->\ii?nt- 
lic*  vrnm  tcfilidum  b»n»m  ccdat. Hopper 
loco  iodeMt 

H«]  Durum  omnium  commune  elogmm, 
fie  Apollo  i  Theocriio..  Nopiunus  *b 
Homero,  Tmput*b  Oipheo,  dirnxm  dii 
tmnei  *b  ommlm  tectu.  C"A*  >'^-  IO- 
Aneid. /■.♦»}. 


«.     !}• 


VT-R  «l» 


Qualiter 


A  Commentary  upon  Fortescue,  4.2,1 

Qualiter  non  fanciunt  Leges  Angliae,  dum  nedum  regalitcr,  fed  &  politics   Rex 
ejusdcm  dominatur,  &C 

Of  this  fee  the  Comment  on  the  ninth  Chapter,  where  the  Text  being  the  fame 
with  what  it  here  is,  the  difcourfe  thereon  is  proper  to  be  rccurr'dtO;,  Onely  let  me 
hint  aninftance  of  the  moderation  and  bounty  of  one  of  our  Kings,  who  commanded 
very  fovercignly,  yet  was  hirnfelf  commanded  to  part  with  his  own  advantage  for  their 
good.  '  Tis  of  Edward  Grandchilde  of  Edgar,  who  remitted  the 
Danereld  to  the  people,  which  he  looked  upon  as  the  Devils  heap, 

being  cxafted  from  the  poor  Subjeft  by  violence,  and  therefore     L^ft£f&i*5£ 
commanded  the  return  of  it  to  the  owners,  protefting,  Not  one  far-     s»veii./>.  Sio.  voiuminis. 
thing  of  it  ft  (injuflly  obtained  Jbould  ever  bide  with  him ;  which  I  in- 
troduce, not  as  the  onely  inftance  of  fuch  Monarchique  bounty  and     uGar.  i. 
benevolence  (for  later  examples  there  are  as  great  as  it,  The  Aft    Note  this O  England  and  be 
of  oblivion  or  free  and  general  pardon,  &c.  not  being  a  leflcrbuta     thankfull. 
tar  greater  indulgence,  thanks  be  to  God  for  giving  his  Majefty  a 
heart  to  do  it,  and  thanks  be  to  his  Majefty  for  being  fo  free  too,  and  fbconftan't  in 
that  magnificent  Action,  which  has,  to  ufe  the  Scripture  phrafe  though  in  another 
fenfe,  prepared  falvation  for  WaUs  and  Bnlwarkj  of  fafetj  in  the  loyalty  of  his  people  )  if*.n.  i." 
I  fay ,  I  quote  not  that  now,as  the  only  inftarcc  of  Regal  Heroicifm  ■,  but  to  minde  men, 
that  are  ft  rait- laced,  and  think  Monarchy  not  fo  free  a  Government  as  the  Republican 
way  is,  that  Greatnefs  of  minde  dire&s  Princes  to  bound  themfelves  where  no  bound  is 
befides  that  of  their  own  fixation  ;  and  that,  be  the  Regal  power  what  in  the  Ocean  and 
Altitude  of  it,  it  caR  in  a  mortal  man  and  managery  be,    yet  even  this  great  power 
when  it  is  difpenfed  with  an  eye  to  God  the  Judge,-  (to  whom  Princes  as  well  as  o- 
thers  are,  and  fhall  be  accountable,  and  in  confcience  to  juftice  which  Princes  are  to 
propagate  and  carry  on  )  cannot  be  but  beneficial  to  pious  and  peaceable  Subjcds  •,  and 
that  the  freeft  Regiments  men  fancy  to  live  under,  will  without  this  reftraint  either 
finde  occalions  by  arrogations  of  advantage  to  it  felf,  or  take  occafion  of  derogation 
from  others,  to  exercife  its  power  vexatioufly.     Enough  then  of  this  part  of  the 
Chapter,  I  proceed. 

Quod  Reges  attidcm  Angliae  tgrefertntes  ~\ 

Who  thefe  were  which  the  Chancellour  predicates  this  of,  I  do  not  well  know  • 
for  though  King  John,  Henrf  the  Third,  Edward  the  Second,  Richard  the  Third,  and 
Henry  the  Fourth  may  be  as  probable  to  be  intended  as  any ,  in  regard  that  the  Chan- 
cellour might  think,  that  the  rigour  of  fome  of  their  proceedings,  tranfeending  the 
moderate  tenour  of  the  Common  Lawes,  tended  unto  fome  what  incongruous  with  po- 
litick Dominion,  and  came  too  near  to  that  which  he  here  calls,  Liber e  dominariinfub- 
ditos,  utfaciunt  Reges  regalitir  tantum  principantes.  ~]  Yet  that  any  of  them  did  declare 
and  produce  fo  much  difpleafureagainft  the  Native  Lawes,  ( becaufe  they  were  fuch 
a  Sanftuary  to  liberty  and  fuch  a  Malt  to  the  contrary,  as  libert  dominari  in  our  Text's 
fenfe  would  be,  and  (hewed  fo  great  defire  of  other  Lawes  by  which  they  might  be  the 
more  lawlefs)  as  might  give  rife  to  this  aftertion  of  our  Text,  is  to  me  a  Riddle. 
Iconfeflecheconfeflionofmy  learned  yf  wrrc^or  on  this  fervice  tO  Fortefcne,  Mr.  Sel- 
den,  who  fayes,  here  I  underjland  him  not,  from  him  I  learn  that  there  was  a  protefta-  m"  "'#"?•»• 
tion  againft  forein  Lawes,  and  that  the  King  in  Parliament  declared,  and  that  with  a  '"4I* 
plenary  concurrence,  That  the  Realm  of  England,  ungues  ne  ferra  rule  ne gonerne  par  »»*•»• 
la  Ley  Civil,  which  (hews,  that  they  ever  accounted  the  patrial  Lawes  moft  fit  for 
England;  and  fatisfies  me,  that  there  was  no  fignal  endeavour  in  our  Princes  to  alter 
the  frame  of  our  Lawe=,  but  that  this,  which  the  Chancellour  here  infinuates,  has  an 
eye  more  to  fome  particular  adions  that  Ggnified,  in  the  externity  of  them,  fome  fuch 
tendency,  rather  then  any  ftudied  and  defigned  fcope  to  fuch  an  impoflible  Atchiev- 
ment.  And  therefore  that  H.  7.  thought  liber e  dwinari  (in  our  Text's  fenfe)  an 
unpnncely  R^giiftn  Principle,  is  plain  fcpm  this,  that  though  he  came  in  by  battel,  and 
recovered  his  Crown  by  a  hot  Military  difpute  :  yet,  pro  animi  fui  magnitudint  aleam  ca™cd  "<»  h°.V 

T  t  t  fiatim 


4-H  A  Commentary  upon  Fcrtescue. 

t'm  yctt ,  he  waved  all  Titles  of  Arms ,  and  betook  Iiimfelf  to  his  native  right,  and 
built  up  his  regality  by  thofe  durable  and  firm  foundations  of  Law  and  inheritance, 
which  he  would  fo  ufe,  as  a  King  by  juft  claime  and  right  of  defcent  ought  to  do.  And 
e  *4«w  Hift.    though  he  difcarded  not  other  pretenfes  as  fecond  to  this,  but  kept  them  to  obviate 
"■  7-  private  enmity  and  publick  contradiction  •,  yet  his  great  trull,  next  to  God,  was  in  the 

Law  which  devolving  the  Crown  on  him,  with  it  brought  all  perquifites  of  it ,  and 
laid  all  the  obligations  (  J  write  the  word  with  reverence)  on  him ,  to  rule  More  Majo- 
ram ,  that  is  by  the  Patriall  LaVfcs :  and  how  the  iffuant  fuccefsive  Monarchs  from 
him  have  ftrenuoufly  propagated  this  prefident  all  men  know,  that  know  any  thing , 
and  all  men  mud  confefs ,  that  will  owne  the  truth.  For  though  miftakes  and  preju- 
dices have  given  being  to  fomc  feemingly-unpleafing  aftions,yet  in  truth  there  has  been 
as  great  alienation  in  the  roindes  of  our  Monarchs,  from  introducing  Perfieam  fervi- 
tHtem,  (as  TuUy  calls  that  Government  which  is  Non  mode  Romano  homini  fed  net  Perf* 
in  »oti,Md  lib.  x.  ttti(jtl'Am  ttUrdile,  as  Lipfnu  quotes  him)  as  the  Parliaments  and  People  of  it  has  had 
fic""f.l,B'ne"     oppofition  and  regret  in  their  natures  againft  it  j  and  that  rot  oncly  becaufc  the 

Lawes  Municipe  are  the  fecrccy  of  their  own  eftablifhmcnc  ai 
well  as  of  their  Peoples  freedom,  but  alfobeeaufe  to  maintain  thofe 
Z,"Z^ZlrZZc'^t'H^ftna»,  Lawes  they  were  fworn  at  their  Coronation.  Which  truth  Ed- 
fmrM  »  crmaihnc  fat.  cmctiuuU  limn  ymrdthc  fecond  made  ufe  of,  in  Anfwer  to  the  Lords  and  others  in 
&£3Ct£S3S$  Arms  againft  him,  under  pretext  of  their  Liberty,  affuring  them, 
ftnmtaiuKim  &  Majtftttit  ^i*  uff  that  he  would  never  negleB  the  Afajefly  and  pet j  of  a  King,  fo  farr 
m.  Walfinahipa//.E.».p.»i.  MJ  t9  Jep4rt  fnm  his  Coronation  Oath  ;  and  that  ftnee  they  had  taken 

Arms  in  defiance  of  him  and  the  Laws,  they  Jbould  be  tried  by  God  and 
their  Cointrej  ,  whom  thej  had  difiurbed  thereby,  and  net  be  acquitted  by  his  favour,  to 
Vfhom  their  hofiility  was  as  much  as  in  them  lay  a  Dethronement,  or  At  leafi  without  mercy 
the  prologue  to  it.  And  therefore  as  I  in  this,  (tick  at  the  Quidam  Regum,!  &c.  not 
knowing  who  the  Chancellour  intends ;  fo  do  I  at  the  aft  here  charged  on  them,  Mo- 
liti  fimt  ipji  progenitor es  tui  hoc  jugum  politicum  abjicere,  ut  conpmiliter  &  ipfi  in  fnb- 
jtcltim  populism  regaliter  tantum  dominarint  -tfedpotitis  debacchari  aueant,  &c.]]  This  cer- 
tainly is  a  very  great  charge,yet  'tis  euphemiz'd  by  the  generality  of  the  exprcfsion,and 
the  namelefsnefs  of  the  perfons  it  refers  to.  Yet  perhaps  our  Chancellour  to'tlie  other 
before  mentioned, whom  he  conceived  to  rule  befides  the  Laws,and  were  thereby  cenfu- 
rable,  Moliri  jugum  politic um  abjicere~}he  might  mean  Edward  the  third  who  though(by 
roulton,  j.  140.  the  Stat.i  4  Regni,  it  was  ordained,7*/M*  the  Realm  »/England  and  the  People  thereof  JhaH 
not  be  fubjetl  to  the  King,  or  Kingdom  of  F ranee;  the  reafon  of  which  Aft  was,  becaufe 
the  Kings  of  England-  then  being  Kings  of  France  *\(o,  thefubjeftsof  England  might 
be  fubjeft  to  the  King  and  Kingdom  of  France^  and  fo  grow  into  a  Government  like 
that  of  FrAnce,  which  is  in  the  Texts  words,  In  fubjettum  populum  regaliter  tantum  do- 
minari.~]  To  prevent  which  ,  the  Peers  and  Commons  in  Parliament  requeued  the 
King  to  declare ,  That  the  Kingdom  of  England  never  was,  nor  ought  to  be  in  fubjeHi- 
en,  nor  in  the  ebtyfance  of  the  Kings  of  France  which  for  the  time  have  been,  nor  of  the 
Realm  of  France  :  and  a  little  after,  Our  faid  Realm  of  England,  nsr  the  peeple  of  the 
fame,  of  what  eftate  or  condition  they  be ,  Jltall  not  in  anytime  to  come  be  put  in  (ubje&it* 
nor  tbeyfanee  of  us,  nor  of  our  Heires  nor  Sweepers,  as  Kings  of  France,  as  afore  is  faid ; 
nor  be  fubjetl  nor  obedient,  but  fhallbe  free  of  all  manner  of ft.b)el~lion  and  obey f ante  afore- 
faid,as  they  were  wont  to  be  in  the  time  of  our  Progenitors,  Kirgs  of  England ;  fo  declares 
that  Statute .-  notwithstanding  which  Statute  his  fingers  (arc  thought  by  fonae)  to  itch 
1  tit.  ««J-  after  fomething  in  the  French  Government  here,  lor  though  in  the  fix  and  thirtieth 
of  his  Reign  he  paffed  an  Aft  at  the  inftance  of  his  Parliament,  that  Pleas  and  Records 
of  Law,  which  till  that  time  were  in  French,  fhould  henceforward  be 
vtfaMdutjku  txmtmn&Htnum  pleaded  in  the  Enolifl)  tongue,  and  enrolled  in  Latine :  yet  he  did  at 
V»  pofiim  ,xptnd.r.t,r  annum  cmum  ti  that  time,  as  jValfingham  writes  ( though  I  confefs  r.o  fuel)  printed  i 
bras-,  &  u  pubei  cpemu  &  tpiaUtwn    Aft  is  in  Anno  36.)  endeavour  reducemenx  of  the' Commons  A  Is 

;: Kri^iya  -** ***** »  *•  t ?m,  "*t rich  clAhh& b,m ht  that  ctM 

WalCnghaajm  E.j.p.i73.  Sdn.  Land,    fpend  loo.  I.  a  year  •,  snathe  husbandmen  and  day labourers  Jbould  not 

eat  nor  drink,  daintily  :  which  though  it  was  a  fruitle/s  conftjtution,  ic 
being  free  in  England  for  men  to  wear,  eat,  drink,  and  live  m  any  reafomtble  propor- 
tion, to  Gods  mercy,  in  the  blefsing  of  their  induftry ,  and  the  diicretion  men  fhew  in 

trip 


A  Commentary  upon  Fortes  cue.  413 

the  managing  of  ic )  yet  it  was  fufpefted  to  be  fome  little  experiment  towards  a 

more  plain  change :    but  whether  this  were  any  inducement  to  the  Chancellour 

thus  to  write  or  not ,  I  cannot  fay,   onely  fomewhat  hilloricaliy  true  there  was, 

which  occafioncd  this  aveiment  of  the  Chancellours,  who  by  this  Moliti  funt  Prc- 

renittres  tuiboc  jugum  politicttm  abjicere,  &  if  ft  in  fnbjcttttm  populietn  regaliter  tan- 

"um  dominari,  fed  f atins  debacchari  syaeant  3  did  not  intend  to  blemifh  the  Prcdecef- 

fors  of  his  Prince,  for  that  ought  not  to  be  fuffered,  as  King  fame  s  of  happy  Memory, 

the  once  Learned  deceafed  King  of  this  Land.counfels  not  to  permit,  Stffer  not  both  jour  .  fU      ~     ■< 

Princes  (faith  he)  andymr  Parents  to  be  difionoured  by  any ,   efpeciaUy  fth  the  example  ia,.i.p.xst,6- 

alfotouchcth  yonr  fc/fy  in  leaving  thereby  to  ynur  Succeffors  the  meafure  of  that  Which  i«s.W'»i*i  >'»/«/. 

thejJbaB  meet  oM  again  to  yon  in  jour  lilee  behalf,  thus  that  King.    No  fuch  intent,  I  /ay, 

had  oar  Tcxt-Mafter,  but  his  aim  being  to  prefs  on  the  Prince  the  love  of  the  Lawes, 

he  produce!  all  thofe  inftances  ofdifcouragement  to  the  contrary,  from  confideration 

of  the  naufrage  Princes  have  been  incommodated  by,  who  have  leaft  adhered  to  the 

National  Laws,  and  lain  in  their  affeftions  loofeft  from  them,  as  did 

Edward  the  Second,  whom  Peirs  Gavefton  fo  misled,  that,  though       *{?"""  "*f'lium-   """'«'  trnfinium, 

-  ,        .,  ,       n    a-  II...  <;.    /     '     j,i  *  multiline  filMium  curari   vidcbatur   mfi 

he  laved  gam  better  then  ftifiiee ,  and  his  «W»  profit  beyond  the  common     Pet[i  faliui%  ^  fecnmtm  fttim  qHtm 

profit  ef  the  Realm  •,  jit  wot  fo  favoured by  the  King  beyond meaf tare,     ^«««<»  ?'«  «#««.  mnara  p*m 

that  he  led  him  into  very  preterlegal 'courfes  j  fo  did  Ed-ngton,  Trea-     £gj  T^t'"'  M'alfin8hain  '•  7°' 

fnrer  to  E.  ? .   who  to  advantage  himfelf  did  not  care  to  embafe 

thcCoyn,  whereby  every  thing  growing  dearcaufed  much  mur-     Hypodeigm.  Neuttri*,  f.m. 

murcin  the  Nation-  for  that  it  not  onely  burthened  the  Subjcft, 

but  difbonoured  the  Crown,  in  that  which  is  one  of  the  Glories  of  it,  theCoyn. 

And  therefore  our  Chancellour,  writing  thus  to  the  Prince,  does  not  ■m.gy.^&tn,  cent.  2.  chiu. 
write  befide  his  Text,  as  thofe  Mufitians  do  err  in  their  art  that  do  rave  extra  Canti-  Mn.4'7. 
wHtm,  but  he  keeps  in  thefe  notes  of  good  counfdl  dofe  to  the  duty  of  a  grave  Coun- 
fellourandagooclfubjeft,  who,  intent  on  his  duty,  p'ropofesto  his  Prince  fuch  Au- 
dio and  wayes  of  politick  Government,  as  may  make  his  Government  paternal  in  his 
lenity,  and  loyal  in  his  Subje&s  obedience  ;  for  well  he  knew,  befides  the  provoca- 
tion of  God  and  the  hazard  of  the  Prince's  peace,  the  contrary  thereto  does  but  be- 
tray feduftion  and  tranfport,  which  is  the  greateft  abatement  to  the  glory  of  a  Mo- 
narch of  any  thing  poifible  to  diminiCh  him  :    and  when  he  has  done  all  he  can  to  make 
good  his  firft  departure  and  eccentricity,  his  conclufion  towards  ferenity  will  be  rc- 
traftation,  which  had  Ed~Veardthe  Fi'ft  forefeen,  he  would  not  have  broken  the  Aft 
of  Z5  of  his  Reign,  by  laying  unufual  Taxes  without  confent  of  Parliament  on  his  Sub- 
jefts,  which  occafioned  their  murmure  and  difquiet,  produced  his  parting  the  Aft  C"*Z"Z" 
Ve  TaBagio  non  conccdendo,  Anno  34  Reg.  which,  though  it  were  acceptable  to  the  imftit./>.  ju.' 
Subjeft,  yet  did  not  advance  him  fo  high  in  their  opinion,  as  forbearance  to  burthen 
them,  of  which  they  could  be  eafied  no  other  way  then  by  fuch  an  Aft,  would  have 
procured  him .-  wm$b  the  Chancellour,  (no  Ariflodemns  who  had  been  feven  years  'EVJetsw  Sv 
at  Athens  and  yet  was  altogether  an  infant  in  ftrength )  no  fuch  fraitlefs  Student  or  Mifac  %K  %. 
Traveller  but  a  man  of  great  fagenefs  and  confeience,  makes  forth  to  the  Prince  by  ,„„„  ^d  7. 
the  juft  meafure  of  Government,  according  to  the  Law  of  nature  and  the  Comments  Chil2.Cen. 
of  national  pradice  and  juft  conlhtution  upon  it,  inadifcourfe  which  hepurpofely  2 
penned  and  termed ;  which  though  I.  have  never  feen,  nor  could  I  hear  of  any  that  ever 
faw  it,  yet  was  in  being  long  after  his  time  :   and  for  which,  as  this, 

and  other  his  Works,  men  do  honour  Fortefcue  in  the  words  almoft    The  praife  of  Fortefcue 
that  the  0*/orJOratour  did  learned  Cambden,  Velata  Invent  "luri- 

•'.,,  ,  1  1.  ,        a  /?-.i.        Townlxi  Oral  in  mimmam  Gambden. 

mm  capita,  iHe^velum  detrahit,    occulta  ft upent  natttra  myjterta,  tile  ui+.  imp.  oxonix. 

aperit,   dignr.s  nnise  ejuiccelo  a  confiliii  adopt etur,  &  facer  fiet  furis-  Cui '«"  hdc  trMmi*  ejl  qmi  pi. 

jrudenua  arbiter,  yea,  as  the  mod  ingenuous  Defchartes  does  our  ^J^L^'lt*^ 

matchlcfs  Dr.  Harvey,   As  the  firft-  He  that  gave  rife  to  the  circu-  via  m *nm*mm  mtrmiuitow,  ftrquat 

.      latUn  of  politick  blond  in  the  body  ef  the  Englijh  Government  •,  none  /**" "  **""  * . c"4'  ""e'TJ"  "' 

lit  -i         s  1     r  1*  •    •  c      r  ii         1       »<•'»»  vtntrum  tnrrcditur,  Delcnittcs  in 

(I  think  without  partiality  )  ever  betore  him  giving  us  lo  full  and    at«w.  Differt./-.  <».  z>«  d.  hjivio. 
fuccinft  an  Hiftorical  and  rational  account  ot  the  Englijh  Lawes 
and  Government,  as  he  did,  who,  as  he  was  a  great  States-man  and  Lawyer,  whofe 
many  years,  gtnercos  cditaticn    and  experience,  had  inftruded  him  in  what  wa9 
knowable  to  a  marchlcfs  accomplifhment,    fo  was  he  a  very  juft  and  confeiencious 

T  t  t  2  Chriftian 


4.14.  A  Commentary  upon  Fortes  cue. 


Intervemente  erum 
ptfuli  vlmiKUi 
&  tjfenfu  crtfi.it 
rabur  &  fattmut 
regain  ir  majtr 
ifl  ifftrum  aaliit- 
ritat  &  falieieret 
frtgrejfm,  Co- 
minaus  Com. 
lib.  Sf.  deOeft. 
Ludov.u.p.179. 


Chriftian  and  Englijh  man,  whofe  influence  on  his  prince  fpenc  itfelf  in  nothing 
more  then  in  conhrming  him  in  the  reafon  and  love  of  the  Lawes  j  For,  as  wifdom. 
and  experience  enables  to  give  good  counfel.which  doth  not  only  make  Monarchs  pray- 
ed for,  and  praifcd  while  they  adhere  to  them,  but  conjure  Subjcds  to  obey,  in 
and  for  the  Lord,  their  Governours  fo  fet  over  and  lo  ruling  araidft  them  ,  This  is  the 
effeftof  that  part  of  the  Chapter  which  treats  of  thofc  things,  Politice  regere&  Re- 
galiter  dominari,  as  they  are  pourtrayed  out  in  the  Governments  of  the  Kings  ot  Eng- 
land and  France :  but  becaufe  concerning  this  I  have  written  in  the  Notes  upon  the 
fourteenth  Chapter ,  I  conclude  here ,  yet  frill  following  the  Chancellour  ,  who  to 
make  the  Government  of  England,  under  its  gentle  and  paternal  Monarchy,  appear 
glorious,  compares  it  with  the  Government  of  Franee,  which  he  accounts  more  defpo- 
tique,  and  fo  lefs  indulgent,  as  in  the  following  Chapter  is  fet  forth. 


Contxjn  fttitic. 
lib.  1.  c.  ji .p At. 


CHAP.  XXXV. 

Rtminifctre  (Princeps  divine)  tjualiter  villas  &  opfida  Regni  Francit  frngnm  opu- 
lentijfima,  dttm  ibidem  peregrinaris,  conffexifii. 

T  His  Chapter  treatesof  the  condition  of  the  French  Subjects  under  the  high  and 
mighty  Government  of  the  French  King,  who  governing  his  people  not  accor- 
ding to  the  ancient  confutation  oi France,  by  a  generall  Aflembly  of  the  three  Eftstu, 
the  Clergy,  Nobles,  and  People ,  by  whofe  fanflion  every  one  was  bound  ,  not  the 
King  excepted :  (I  fay,  after  Albergatus  no  mcane Authour)  this 
way  of  Government  being  after  a  long  continuance  changed ,  in 
Lewis  the  eleventh's  time  it  was  made  capitall  (not  onely  to  endea- 
vour, but  even  to  word  the  rellitution  thereof.  )  France  2nd  ;he 
People  thereof  become  ruled  by  Armies  and  Counfels  of  power, 
in  which  only  Royall  will  and  pleafure  did  prefide  ;  This  being  the 
condition  of  France  in  the  infelicity  of  her  Subjects  crufhed  and 
crumbled  into  nothing  by  the  hard  hand  of  power  unallayed ,  and 
unveluetly  lined  by  the  lenity  of  Politick  Government  mixed  with 
Regal.    The  Chancellour  (  who  was  ever  bred  up  under  our  pa- 
ternal and  divine  mixture,  which  he  treatsof  in  many  Chapters , 
as  the  Government  which  approximates  that  of  God,  and  of  Paradife,  if  man  had  con- 
tinued in  innocence)  mindes  the  Prince  of  what  fruit  he  ought  to  colled  from  tra- 
vel!, and  how  great  advantages  to  intclleftuall  accomplifhment  nis  pilgrimage  in  France 
give  him;  Cnce,  while  he  was  at  leifure  toobfervc  (  being  discharged  from  the  en- 
cumbrances of  bufinefe,  and  pomp  of  life )  he  might,  and  ougljt  to  lay  the  founda- 
tion of  after  wifdom  in  the  observation  of  prefent  occurrences,  which,  becaufe  thofc  of 
the  Government  and  People  of  France  (the  place  of  his  unpleaGng  prefent  abode.  (For, 
who  can  leave  England,  the  happieft  of  Iflands  and  Nations  if  it  had  one  publiejne 
fpirited  man  in  it,  as  the  wife  Abbot  of  Efcalia  adieuing  it,  faid,  without  grief  or  re- 
gret )  were  mod  contiguous  to  him  ?  he  humbly  addrefles  to  him  the  recollection  of 
bimfelfs  concerning  thofe  difcoveries  of  hisTravell',  which  may  facilitate  to  him  the 
truth  and  importance  of  his  Chancellours  arguments,  in  behalfe  of  Englands  conflitu- 
tion  and  Lawes,  here  in  compare  with  them.    Now,  though  I  well  know  comparifons 
in  Governments  as  well  as  in  perfons,  is  no  further  difcrcetly  practicable,  then  is  civill, 
feaibnable,  and  neceffary,  which  refiraints  and  modifications  1  am  refolved.Jhall  bound 
me ;  yet  muft  I  crave  leave  to  do  right  to  mine  own  Native  Countrey  ,  and  her  molt 
admired  Government,  Lawes  and  Monarchs,  which  according  to  all  Authors  and  Con- 
feflions  is  the  moft  free  and  fatherly,  and  to  difclaime  all  admiration,  or  ( as  to  my  pri- 
vate affection  and  fphere)  admilTion  of  anything  which  is  cnervativeof  it,  or  in 
any  degree  tends  to  the  eclipfe  of  the  glorious  Monarchy  herein  by  God  fixed,  which 
being  Thron'd  in  righteoufnefs,  is,  1  hope,  eftablifhed  in  the  blcfled  pofture  it  is  in,  for 
this  World's  Eternity,  as  I  may  fo  fay,  or  in  plainer  Englijh,  ever  to  lafi  in  the  line  of 
that  Majefiick_  Family,  that  new  (ble(fcdbcGod)  Rightfully  and  Royally  enjojes it,  tid 

Shiloh 


£uicquid  in  eo  amventu  dectrnebtttur  legit 
babebdt  iilgnem.  netjucuetdt  pefultl  tkliga- 
b*e  fed  iffum  regtm.  Sed  jiefltjuam  region 
virtu  i  defeat,  ir  caique  put  libidt  hnfra- 
iit ,  h*e  ctnfuetude  congreganderum  ji*- 
tuum  abclil*  eft ,  »t  ftuUtim  luc  jugum 
fummneretur.  Temftre  autem  Ludovici  an. 
decimi  [erduellionii  rent  h*beb*tar ,  auif. 
quit  dt  «  conjilio  reftttuendo  verbum  fecif- 
fet;fnlebatqae  1{ex  tile  ufHrfue.fi  ex  Ephe- 
tii  jam  txceftife,  neqUe  tttterii  fjtM.Albet- 
gatus  difcurf.  TtUtie.  p.  167. 


Cominiw  £•»». 
lib.  10  digefin 
Ludov.  II. 


A  Commentary  upon  Fortescue.  4.2,7 

Shikh  comes  the  fecond  and  lafi  timetofudgement.  This  ihen  prcmifed,  as  that  tender 
of  affection  which  kindled  in  me  from  my  Text-Maftcrs  fpirk  and  flame  in  this  Chap- 
ter, was  r.ot  to  be  furled  but  publickly  owned  as  a  fignaturcof  my  loyalty,  I  proceed 
to  follow  him  in  his  method,  taking  the  augmentation  of  England's  luftre  from  that 
comparifcn  ol  the  State  of  France,  which  our  Chancellour  here  reprefents. 

Regni  Francis  frugum  opulent ijfima  J  This  is  that  part  of  Gaul  which  is  thought  deno- 
minated from  Franeus,  Son  or  Nephew  to  Heflor,  who,  after  the  deftruftion  ol  Troy,  ciuverius  An- 
about  the  year  420.  is  ftoried  to  be  Chieftain  to  the  Franconians,  a  G^ra^-people,  tiq./it. u  e.ili 
who,  being  ftirred  up  by  the  narrownefs  of  their  own  border  and  the  defire  of  a  'more 
convenient  abode,  moved  armedly  into  Gaul,  and  being  profperous,  fat  down  in  that 
part  which  is  between  the  River  Scald  and  Sent,  and  thence  was 

called  France  or  Gallia  Comata,  from  ( I  fuppofc )  its  fertility  and  G*m*  c'ma"'  iu*  """fraaeiaSdM*, 
abundant  fucculency  of  foyle.  lor  though  I  know  Pliny  tells  us  ?0udlus '"  Pandcft-  *'  »«■  Edit  Vlf" 
all  Ganlv/as  called  (a)  Comata,  yet  this  particular  noble  lfland  of 

it  was  fpecially  fo  called,  becaufe  the  Eden  and  Flower  of  all  the    tL^tL^t^TiT'^  **  "' 
Land :  and  this  the  Text  complies  with,  in  that  it  terms  it  frugum 
otnlentiffima  1  Two  words  very  comprehenfive  and  purpofely  phra-  ,  „  .     .  „ 

/  rLij        r    i_       J  r-        ^  -i-  jl  Ceneralt  nomen  tfi,  ntn  modi  ad  /rB- 

five  of  the  latitude  ot  abundance.    For  F rugc s  J  is  a  word  that  con-     mm*,  ^MUr ;  fid  mam  **  emnts 

tains  every  efculenc  and  pabulary  thing  i  Varro  derives  fr amentum    fnSh"  "rr*  iH"  kirtnn^mvmimm, 

a  frtunde,  becaufe  by  food  men  enjoy  themfelves  in  a  plenitude  of    Va"0' ''  De  Lint' L"' 

health  and  ftrength,  (b)  others  determine  it,  d  frumine  eminentifnb     (V\  Fcftus,  semus,  &  Doaatui. 

mento  gutturis  fen  gnrgulionis  parte,  qua  cibus  in  alvum  mittitur,  a 

ferendo  cibi.m  appellari  ■,    whence  focver,  fure  I  am  *cis  nfed  in  Authours  to  denote 

plenty  and  abundance.     Opuleutijfimahcrc~}  fo  Lecuples  frugibus  annus  in  Horace,  'g^"1,1. 

Parens  frugum  tcllns,  gravida,  leta,  mat ura  fruges  in  Virgil,  Faeta  frugibus  terra,  iDeNatur.De- 

Ctrerem  fruges  appeSamus,  mum  ant  em  Liberum  in  ThUj  ;  all  which  applied  to  the  onxm- 

Text's  fenfe,  fets  forth  France  asi  noble  Country  t  and  indeed,  fuch  it  to  be,  I  my 

felfhavcaswellinagoodpartfcen,  as  more  fully  from  the  beft  Authours  read.  Pom- 

penius  Mela,  though  he  makes  it  no  India,  that  it  produces  Pifmires 

as  bigg  as  little  Doggs,  Honey  running  down  in  ftreams,  Woods        Tam  £***  dkM  *-.  "*>  f«*«i 

full  of  Wool,  Reeds  laden  with  Sugar,  and,  Vines  with  clufters  of    L«  fih**fir*m.  ace.  wTa.  Brtnl; 

Grapes  incredible  ■,  yet  he  terms  it,  (c)  Terra  frumenti  pracipui  &     °,bis- c-  7- 

pabuli  ftrax  :  which  is  the  reafon  that  though  France  be  but  a  part      e}  L'k' 3" Cx  *" 

of  Gaul,    yet  Tota  ilia  pars  Europt,  &c.  That  moft  noble  part  of       Tim  iiu  pan  Europe  prtiufrii  ti 

Europe,  heretofore  Gaul,  is  now  called  bj  the  name  of  a  little  [pot  in     l""""?  '""  "w^«-  <W*?  mifm 

.       _.r    '         /•    i.  ■    -,,     '      .  ajl'.-  l    >  Jl\     ■         F'-ancuc  mnun  twfivu.    Anna.  W.  J. 

tt,  Frar.ee,  fo  faith  Clttvtrius.     And  tneretore  thole  commendati-     «/..  2o. 

ons  that  the  Natives  give  it,  are  not befides the  truthaltogcther. 

Budans,  a  moft  grave  and  learned  Frenchman,  writes  of  it  elegantly-,  and  when  he 

has  alTcrted  it  of  a  clement  Air,  productive  of  things  good  and  plentiful!  in  their 

kinde,  concludes  thus,  In  ea  fummum  Liberi  Patris  cum  Cerere  cert  amen,  ut  vini  ..'i«*!DEdit.  ° 

nobilitatesmnpoffts  fine  Nomenclatoris  opera  numcr are.    Which  made  Maximilian  the  vafcaf. 

Emptrour  wickedly,  and  with  prophanenefs  too  great  for  a  Chriftian,  fay,  That  if  ™'*Jl™t™L 

Nature  could bring  about  his  defign  tobeaGod,  he  would  be  that  God  ;    and  then  by  his  Dtmpfime.  & 

Will,  hi  would  pafs  his  Divinity  to  his  eldeji  Son,  and  his  fecond  Son  he  would  make  King  "J'*[h{"™d"*. 

ef  France,  as  fuppofing  it  the  fecond  preferment  to  that  of  his  fancyed  Godhead.     Add  „l  LanfiuH! 

to  this  what  our  moft  accomplifhcd  Hiftorian,  and  late  deceafed  Country-man,  Dr.  confide  Emo- 

Hejlin  reports  in  thefe  words,  The  Soy  I  is  extraordinarily  fruit  full,  and  hath  three  Geography  />, 

lAadftor.es  to  draVr  riches  out  of  other  Countries,  Corn,  Wine,  Salt  ^  for  which  there  17s.'"  /»'• 

is  yearly  brought  into  France  20000CO.  /.   Sterling,  and  the  Country  fo  full  of  pleafant 

Fruits  and  Vines,  that  never  eye  beheld  a  fairer  objeSt,  fo  He.     1  fay,  add  this  to  all  pymand.  Mtt- 

tbereft,  and  to  that  of  Strabo  which  RofeSius  quotes,  and  there  was  good  reafon  to  J,"',",';,'*-5'1"' 

fay,  France  is  a  Country  Frugum  opulentiffima.  ] 


Dialog  .5.  f'ltf. 


Regis  terra  illius  hominibus  ad  arma,  &  eorum  equis  itdenufta,   utvix  in  eorstmali- 
quibus  quam-magnis  Oppidis  tu  hofpituri  valcbas. 

Tbisclaufefhcws  J>vrx«  had  need  to  be  fuch  as  it  is  defcribed,  becaufe  it  has  fuch 

Armies 


q.16  A  Commentary  upon  Fortes  cue. 


Ctimfton  Hilt 
Fiance,  p .  io. 


■Helatimc  de1(e 
X»t  Gallico,  p . 
Hi. 


I  Offic.  66. 


Armies  in  pay  in, and  moving  through  it-,  for  as  St.  Chwis  the  chief  founder  of  that  Go- 
vernment is  ltoried  by  the  Histories  of  France  to  atchievc  his  Greatnefs,  the  pedcftal  to 
this,  by  fuch  Artifices  and  practices  of  unchrilrian  Policy,  as  1  forbear  to  name ;  fohave 
many  after- GoverrTours  therecanied  on  their  Grandeurs  by  fiercenefs and  might  of- 
fury.  So  that  not  any  lenitive  dare  be  offered  to  foften  the  plcafurc  of  the  French  Kirg, 
but  his  Will  muft  be  the  Law,  which  Albcrgatus  confirms  me  in,  who  writes  after  the 
politick  opinion,  Ab  ejus  arbitrio  folo  emnis  &  belli  &  facts  deliberati*,  &c.    Tanauam 
virus  Montr cha  foists  omnium  Dcminus,  &c.  which  urxontroulednefs  of  power,  becaufe 
he  findes  men  at  Arms  propercil  to  advance  and  eftablifh,    to  thefe  does  he  give  the 
civil  fpoil  ©f  the  Land,  that  is,  power  to  propagate  his  pleafure  be  it  what  it  will,  and 
opportunity  under  the  pretext  of  that  to  do  what  they  will  with  the  poor  Pcafanr, 
and  drudging  Country-man,  who  by  thefe  Homines  ad  Arma  are  faid  to  bebur- 
thened.    Onu$~i*~\  not  fomewhat  charged,  as  by  pilfering  and  flragling  numbers  of 
loofc  people  any  place  through  which  they  parte,  will  be  ■,  but  Onufta  J  a  word  of  num- 
ber, weight,  and  meafure,  having  all  the  dimensions  of  grievance,  as  full  of  burthen, 
not  onely  as  we  proverbially  fay,    As  an  Egg  is  full  of  meat ;  but  as  a  Ship  is  when 
flowed  to  its  full  lading,  fo  Onufla  frumento  Navis  in  TnRy,  when  a  Mariner  knowing, 
Corn  to  bear  a  great  price  at  the  Port  he  intends  for,  crowds  ?.s  much  as  bis  Bulk  will 
Livys.  *vrb<.  t,ear.  onufius  prtsda,  when  a  Souldier  has  fo  much  fpoil  that  he  even  breaks  his  back 
Ttcims  nb  i.     wi^ tne  Porcage  °f lt  i  Tcrgttm  vulneribus  onufium,  the  defcription  of  a  fouldier  wbofe 
breast  was  not  onely  piereea  (landing,  but  his  back  all  wounds  when  flying;  Onufius 
cic.  i.  "Divinu.    tiy9  gf-  vim,  when  a  mans  ftomach  and  head  is  fo  overcharged,  that  he  is  fit  for  nothing 
but  a  bafon  and  a  bed :    thefe  are  the  Notions  of  the  Onufta  here,  which  points  out 
France  fo  charged  and  furcharged  with  thefe  Cavaliers,  that  there  was  r.o  room  for 
any  thing  but  thefe  Homines  ad  Arma,  ]  that  is,  Horfemen,  for  fo  our  Chancellour 
intends  to  exprefs  the  King  of  France  his  strength  by.     For  though 
we  read  of  Viri  ad  Arma  nati  in  Lipfius  and  others ;   yea,    though 
Men  at  Arms  in  the  Venetian  History  signified  fufely  All  Souldier st 
Shutep.14..  yet  in  our  ftotics  and  laws,  according  to  which,  to- 
gether with  the  common  Notion  of  them  in  France,  our  Chancel- 
lour went,    Viri  ad  Arma  are  onely  Horfe-mcn,  and  fo  befdes  this 
intheTcxc,  & e quis  ecrum,  ~}  other  (lories' understand  them-,  thus 
Thomas  Beauchamp  Earl'  of  Warmth^  is  by  Walfxngham  faid  to  en- 
counter Contra  ducentos  homines  de  Armis,    and  Homines  Armo~ 
rum  a  little  after -,  fo  the  fame  Authour,  writing  How  E.  J.  ovev 
threw  Philip  of  France,  adds,  With  many  Nobles  and  Barons,  with 
two  thonfand  men  called,  Men  at  Arms.     Thefe,  I  fay,  being  in  fo 
great  meafure  did  not  onely  terrifie  the  people,  but  make  the  receipt  of  strangers  in 
great  Towns  as  homely  and  fcarce,  as  the  fafcty  of  them  on  their  travels  questionable. 
Now  this  the  Chancellour  remembers  the  Prince  of,   to  raife  in  him  a  love  to  the  po- 
litick, and  yet  Imperial  Government  of  England,  which,  though  it  be  fecondedby 
force  to  fopprefs  Rebellion  and  refill  Invasion,  yet  is  founded  on  general  Confent, 
and  Parliamentary  recognition.    So  that  what  Seneca  writes  of  Auguftus  is  true  of 
our  Monarchs,    That  they  well deferve  the  Name  of  Parents,  Vtho  are 
fo  tender  and  benign,  that  their  Subject's  good  is  more  cared  for  by 
them  then  their  c\X>n  greatnefs-,  fa  thxt  if  their  poVeer  and  their  Sub- 
jects happinefs  (  which  is  ever  beft  in  their  refpeSive  conjunction  ) 
could  be  ft par ate,  which  is  not  poffible,  ■  their  lejndenefs  would  carry 
them  rather  to  wifb  their  people  happy  then  themfelves  great :   yeat 
fo  immortal  a  Garland  is  it  to  the  Heads  and  Hearfes  of  meritfull 
Princes,  that  it  will  bud  a  frefh  blojfom  of  glsry  to  their  memories  when  dead  in  per- 
fen,  though  it  deny  any  ornament  or  addition  to  living  lovelefs  ones.    Which  infta nee,  to 
wave  forein  presidents,  is  evident  in  the  Reigns  of  two  of  our  Monarchs,  Edward 
the  Firfi,  and  Queen  Elizabeth  :  the  former,  at  the  Parliament  of  the  feveflteenth 
of  his  Reign,  was  befought  by  the  Peers,    Prelates  and  Commons  fully  there  in  obe- 
dience to  him  convened,  to  renew  the  confirmation  of  the  great  Charter  andc har- 
tade  Forefia,  according  to  what  he  had  promifed  ,  but  he  Rood  off  a  longtime-,  at 
laft,  being  prcflcd  to  perform  his  Regall  promife  ,  he  did  it  with  a  Salvo  Jure  Coronas 

■  noftrti 


In  Comment.  ad  Tacili  /«'*•  De   Mo- 
lib.  German,  p.  4«». 

Nie  Faber.  in  T^tis  ad  lib.  i.  C'ntrtv. 
Senec.  lo.p.  in. 

Walfmgbam  in  Hypodeigm.  Neuftri*. 
p. lit,  119- 

Cum  multis  Dtminii  &  "£  ami  bus  &  dst- 
ebus  mtllibus  fert  htmmum  neminatomm 
de  ^Armis,  dt  Cmmumlus  vera  numerus 
i«noraiur.    Idem  hc»  ttdem. 


HoiMM  Trincipem  Auguftum,  rr  bent 
illi  ctnvmijft  t Mentis  nomen  fatcmnr,  tb 
nullum  aliam  caufata,  hdc  graturn  acfa- 
vtrabilcm  reddidit;  hdc  htdieque  praflat 
till  far/turn  ejua  vsx  vivis  "Principibus 
ftrvit.    Seaec.  lib.  De  Clem. 


A  Commentary  upon  Fortes  cue.  4.17 

nostra,  which  the  whole  Parliament  took  fo  heavily,  that  they  returned  home  unfatis-    St"1 ""»  "«*-  ■ 
fied:  And  the  latter,  0_ ElUdeth,  fo  tempered  her  fubjefts,  between  awe  of,  and    7fZ$™Z'*4 
love  to  her,  and  fo  dreaded  any  appearance  of  violence,  other  then  that  of  her  Impe-    f»fn«<6y«ji»<«* 
rial],  and  ncceffary  legall  influence  on  her  fubjefts,  that  fhe  is  in  no  ftory  charged  with    Walfin5',aiu  » 
any  Aft,  but  what  has  a  defence  of  Motherly  tendernefs,  as  well  as  Majeftick courage      '  P    • 
ia  it.     Though  then  fuch  like  powers  of  Homines  adarma  be  not  ufed  nor  approved  of 
in  England  ( except  upon  extraordinary  occsfions ,  when  difcontents  and  Parties,  that 
will  not  be  fairely  rcafoned,  and  gravely  Lawed  down,  muft  be  peffundated  by  the'  ter- 
rourofthemi  {this  kjnde  of  Devil  being  not  like  the  GofpellVevM,  eaft  out  byprayers  and    Matth.  17.  u. 
teares%  unlefs  the]  lire  afficiated  With  force  end  punifhmene )  yet  in  France  they  are , 
and  without  them  the  Plebs  would  be  but  rulelefs  •  and  therefore  neccfiity,  that  has  no 
law,calls  for  thefe  homines  ad  arma  there,  and  what  their  being  in  abundance  any  where 
can  occafion  better  then  rudenefs  and  licentious  outrage,  let  thc(*)  Authour  inform  us ,  {*)  DoAor  h<j. 
who  fayes  ,  the  Neapolitan*,  Mitanois  and  Sicilians,  who  have  had  triall  of  both  the 
Spaniards  and  French  for  their  Mafters,  chufe  rather  to  fubmit  themfelves  to  the  proud 
and  fevere  yoke  of  the  Spaniard,  then  to  the  lufts  and  infolence  of  the  French,  which 


tin. 


Ifal   41   S. 


fa)  «>«»  <mi  hee  prtdidi,  Irimepi  xtjtcr 
tamam  ftrmc  peamiun  tx  ditionc  Gallica 
fcrcifit,  Budacus,  lib.  },  it  AflTcf.  114.B. 

Sic  enim  fitnt  Galli  homines,  ut  front  quid- 
t}*t  Trineipi  am  collitmt  ant  collibuijfc  di- 
ihttiHr.  id  perinitt  jHsfaiquc  efje  eredatur i 
imnmm  hnr.ddnbit  mtrtalmm,  qui  tjuidtsn 
b*rbtrimn  fint.  maxime  nt  Grace  Oritur 
fytharchici  id  ift  prineipulibns  tdiSu  tquo 
4mijw tbfeqmntn.  Idem.  p.  us. 


X  Ctmmentmm  d<  rebus  geftii  Ludovit* 
11.  lib.  10.7.405.  Patif.  156$. 


Vhi  (.b  intolis  didicifii,  homines  illos,  licet  in  viUa  una  per  menfem  aut  duos  per  ben- 
dinaverint,  profuis  aut  equorum  fuortsm  expenfis  foluife  aut  felvere  vcHt. 

This  is  a  further  inftance,  not  of  the  miferies  of  a  Warr  ,  for,  if  an  enemy  had  done 
this,  the  People  of  France,  fuffercrs  under  it,  might  have  faid  in  the  Pfalmifis  words, 
If  tt  had  been  an  tnemj  that  had  dine  this  we  could  have  borne  it,  but  it  was  ye,  em-  Conn- 
trejmen,our  friends  andmr  acquaintance,^  this  is  that  which  renders  it  intolerably  if- 
fli&ive.  For  as  much  as  the  poor  Pcafant  has  nothing  to  live  upon  but 
his  labour,and  a  high  Rent,and  payes  Gontribution.to  the  Kings  Ar- 
my, and  that  in  fo  plentifull  a  meifure,  that  the  Revenues  of  the 
Crowo,  to  defray  the  charge  of  Government,  is  (a)  counted  as  vaft 
from  that  very  Kingdom,  as  the  Remans  before  the  Conqueft  of 
UMthrydatej,  and  the  third  expedition  of  Pempey  had  from  all  their 
Empire  -,  yea,  fo  abfolute  is  the  Sovereignty  of  their  King,  and  fo 
content  arc  they  to  be  what  be  pleafes,  that  he  impofes  nothing  but 
they  fubmit  to,  and  applaud  the  hand  that  puts  fo  fore  a  burthen  on 
them  ^which  Budaus  notes  as  a  virtue  in  them.fo  mcritfull  as  nothing 
can  be  more :  fo  doth  *  Cominaus,  adding,7"/wf  it  is  unjuft  andinhu- 
mant,that  a  Prince, having  fuch  obfequions  and  open  pur  (I  People  fhonld 
prefs  them  beyond  their  ability ;  it  being  much  more  faire  and  generous  to 
fmotth  them  into  a  wiHingncfs  by  gentle  invitation  and  reafen  of  love  -t  quam  imperiofa  agert 
profua  libidine  -,  that  is,  then  ttferew  and  force  by  power  andfeare  what  they  have,andhe 
pleafes  to  command  from  thcm,thus  he  ^  which  well  conf:dered,as  it  layes  load  of  infamy  on 
thole,  that  when  there  is  but  one  Harvcft  and  Crop  in  the  year,  from  which  profit  and 
fubfiftence  is  gained ,  exaft  unlawfull  and  unreafonable  Contributions  all  the  year  long, 
and  that  without  confideration  of  what  the  Payers  fuffer,and  the  Receiver  is  by  His  Of- 
ficers deceived  of  ■,  (of  which  Hybraas  the  Orator  told  Antony-,  Afta  hat  paid  thee,  Noble  Budaus.  lib.  i. 
Clxiftain,  two  hundred  thoufand  talent  s,luZii.  ti  u&  ix,  «Aiip*<,  &c.  This,if  thou  haft  not  re  *«f«p-«». 
ceived,call  thy  CoUettors  to  account, to  Vehom  we  have  paid  it,ani  if  thou  haft  kid  it  anfwered 
thtt,  ftnee  thin  canst  not  give  *s  tw>  Crops, aiid  two  returns,  exaft  not  two  Tributes,  each  of 
which  anfwers,  or  rather  exceeds  the  utmofi  we  can  render  thee.)  At,  1  fay,  it  accufes  the 
Impofcr*  of  much  mercilefsnefs,  fo  it  renders  the  Impofed  miferably 

poor  and  cowed  ;  For  our  Text  fayes,  they  do  not  onely  perhendi-     Hoc  eft  enim  perendi*  quod 
n.ire,  (a  wOid  Lawyers  and  Hifioriansufe  for  flay  .thence  perhaps  the    Grarci  imjJvwv  dicmt  quafi 
word  Er.n  or  Inn,  which  is  the  fhy  for  Travellers  for  a  night  or  two ;     poft  craftinum.  Budacus  in  Pan- 
fo  walftngbam   ufes    perhndinare  to  denote  a  flay.    Magnates     deft,  p.32.  .£«!»>  Vafcof. 
autemapud  Sanlium  Albanum  cum  fuis  armatis  exercitibtis  per  tri-     in  £.  %■  p.»i. 
dnum  perhendinantes  ;   fo  tha:  perhmdinare  here  is  not  oneiy  a 

chargeable 


*u8         A  Commentary  upon  Fortescue. 

chargeable,  but  a  long  flay,  per  men/em  aut  duos  menfes  •,  and  a  loofing  one  to  put  a 

further  greivaF.ce,  as  the  Text  fayes,  they  pay  nothing  at  their  departure,  neither  for 

manor  horfe,  which  is  not  onely  the  allegation  of  our  Text,  but  the 

$»*  tjmitm  nhtms  chccfnuMt  i.»c  tiiuc '  complaint  of  learned  Comintus  a  creditable  Knight.who  fayes  iamen  - 

tingly  ,  That  the  opprejpon  on  tbefoor  Countrej-man  is  very  great,  not 
onely  bj  the  Taxes  thrt  is  unreafonably  leavjed  upon  them  ;  but  ab  E- 
queftnbus  etiam  cohortibus,  &c.  but  from  the  charge  the  Cavahy, 
that  Ije  on  them,  occafton,  whcm.thsy  not  onely  cm  up,  but  abufe  licen- 
tiiujly ;  nor  are  th.j  contented  with  what  groynes  en  the  Farm  and  field, 
but  comf  til  them  to  travel  for  de Heater  djet  then  at  home  they  have  ; 
and  when  they  are  gene  to  get  them  dainties ,  endeavour  to  abufe  thctr 
wives  and  daughters  to  their  lufi%  thus  Comtntus  ;    which  is,  what  follows  in  our  Text. 


ftrftt** »  tr  tun  ftlum  vim*  f»mft» 
mfcrtrum,  fid  itiam  ftttitvi  tr  mftlin 
tit  m  m  mult*  factum ;  mc  tnum  cm- 
nnt>  fun!  iis  aut  fafsim  in  tgrit  tiftti- 
unt,  viriun  tniftns  itiam  ktmwbns  vim 
adfiimut,  toiani  f«JKi»  tomtits  abtn,  & 
aliunde  adftrrc  ob>M  dilicatitra.  mult 
auod  ttxorum  aiufi  &  filiarAm  fudialium 
ttntant,  Conimsmat.  lib.  10  DtCiflis. 
Ludov.  II.  f.  400 


*  Dt.  Ridley. 
cliff.  U. 


Xjavis  HOlot)  of 
ItlUridjf.  i». 


Heylin.  Gio^r, 


Seel  auod  pejus  eft,  arEiabunt  incolas  Villarum  &  Oppidorum  in  ana.  defcenderant,  fbi 
de  vinis,  carnibus  &  aliis  tjuibus  indigebant,  etiam  carioribus  ncceffariis  quam  ibi 
reperiebantur,  a  circumvicinis  Villatis,  fuis  propriis  fumptibus  provider e. 

This  not  to  be  contented  with  what  is  in  h»ufe  and  at  hand,  is  one  of  the  unwelcomeft 
qualities  in  a  Boarder,even  though  he  pay  well  as  to  the  value  and  time  ■,  but  when  one 
comes  on  free  quarter,  and  on  charity,  ( as  Government  ought  to  think  they  do  that 
come  upon  anothers  propriety,  and  yet  are  courtcoufly  treated  )  then  to  capitulate 
and  indent  what  they  will  and  will  not  have,  then  to  take  and  Icaue  what  they  lift,  and 
to  call  for  what  is  not  to  be  had  but  with  noublc  and  charge,  is  not  onely  uncivil  biJt 
unreafonable.  Yet  this  is  the  condition  of  the  f  rr»rJ>  fouldiery,  who  do  not  come,  as 
our  Country  men  have  in  many  places  (  even  during  this  Jate  unnatural  Commotion) 
done,  with  Caps  in  their  hands,  and  carriages  of  humanity  and  gentlenefs  ;  but  with 
ftern  looks,  drawn  fwords,  cock'd  piftols,  Damn  me,  and  all  horrid  oaths  of  Hell  in 
their  mouthes,  and  when  they  are  quartered,  fo  continue  their  imperiousnefs,  that 
'tis  hard  to  live  in  the  houfe  with  them  unftrapado«d,  if  not  murdered.    This  irregu- 
larity, which  often  frightens  inhabitants  from  their  houfes,  and  ever  makes  their  hotifes 
terrours  to  them,  is  the  effect  of  ill  difcipline  and  want  of  pay  :   for 
had  they  whereon  to  live  and  pay  currantly,  they  might  be  kept  to 
the  ftricter  conformity  •,  but  when  live  they  mart,  and  money  they 
have  not,  the  Officer  bears  with  them  for  his  own  peace,  which  to 
prevent,  as  the  Plague  that  infects  Countries  with  ill  will  to  fouldi- 
ers,  the  *  Romans  took  a  courle  to  provide  dyet  in  kinde  for  their 
fouldiers,  Summer  dyet  from  April.  1.  to  Siptem.  1.  and  the  Win- 
ter c  converfo,  which  dyet  was  two  dayes  BUket,  the  third  day  fof- 
ter  bread-,  one  day  wine,  another  day  Vinegar;  one  day  Bacon, 
and  two  dayes  Mutton,  and  by  this  kept  they  them  lufty  and  vigorous,  yet  temperate 
and  civil.     For  though  I  know  to  keep  up  the  fpirit  there  moft  be  good  dyet,    and  e* 
rough  of  it,  fuch  as  is  fltfti,  wine,  ftrongbear,  and  other  changeable  food  •   yet  that 
men  fhould  be  their  own  Carvers  at  anothers  coft  and  table,  and  make  the  giver  a 
Vallet  to  their  curiofity  and  intemperance,  is  that  which  France  onely  its  poor  Subjects 
are  abufed  by  :    we  of  England,  God  be  blcfled,  do  not  underftand  other  then  by 
hear-fay  and  reading.     For  though  in  Ireland  from  Edtoard  the  Second's  time,  when 
the  Earl  of  Defmond commanded  in  chief,  the  damnable  cuftome  of  Coign  and  Livorj. 
was  there  fet  afoot,  and  continued  to  H.  4.  his  time,  when,  by  the  Statute  of  12  H. 
4.C.6.  itwasdeftroyed,  for  that  by  pretext  of  it  the  Commanders  of  the  Army  ex- 
acted from  people  horfe-meat,  manVmcat,  and  money  at  plcafure  without  ticket  or 
fatisfaction  :   yet^imes  of  flagrant  warr  onely  excepted )  were  fuch  rigorous  courfes 
never  in  practice  with  us  here  5  nor  in  times  of  warr  were  they  jumfied  any  other,thcn 
by  neceflity  and  want  of  pay.    So  far  is  our  licentiousnefs  from  the  conftant  tem- 
per of  the  Fremh,thit  neceflity  onely  works  thatftldome  and  skulkingly  with  us,  which 
choice  and  no  temptation,  but  that  of  ill  humour  and  inclination  to  vice  and  rudeneft 
evidenceth  boldly  in  them.     And  fince  the  Government  of  France  is  fupporred  by  Ar- 
mies and  Garrifons,  and  thofe  fo  numerous,  that  Charles  the  Ninth  is  reported  to  have 
I500ohorfeindicoooofoot  of  his  own  Nation,  befdes  focoo  horfe  and  foot  of 

Swifics, 


Uuic  AUtim  tncommtdo  fdcili  pofsit  tc- 
ittrti,  ji  bimi^ri  auovis  deptndtrintut  lis 
ilifttidi*  ',  fie  mim  nullum  tfftnt  habituri 
cdufam  tflla  ft  [Utfartnt  di  uiJHriii  tllit 
audi  mftrunt,  necifuiaii  anadam  ut  ainnt, 
it  mod  iffis  ntn  fitftlvitnt.  Idem  lib.  to. 
f.400. 


Vine  Urns  Civil  and  £e- 


A  Commentary  upon  Fortescu£.  429 

Stoitfes,  Germans,  and  other  Nations ;  and  Lewis  the  Thirteenth  is  ftoryed  to  have 

at  once  five  Royal  Armies  on  foot,   keeping  120000  men  in  pay  many  years,  rig. 

ging  1000  ('tis  1 0000  in  Dr.  Hejim,   but  I  ghuefTe  it  the  errour  of  the Prefs )  c«Xr.  P.»3?. 

(hips  for  fayle  and  fervice :  yea,  forafmuch  as  the  Kings  of  France  (o  depend  on  the 

fidelity  of  the  fouldiers,  there  is  no  relief  for  the  poor  Pcafant  and  Country-dweller 

bopeable,  but  they  mud  have  what  they  will,  though  to  procure  it  they  do  arUare,  '] 

put  the  purfe  of  the  poor  provider  into  litrleeafe,  and  though  he  pawn  (  as  it  were) 

his  own  skin,  bone,  body  and  foul  almoft  to  purchafe  it  •,  for,  They  muft  needs  g»  that 

theft  Grants  tf  fury  drive,  whofe  violence  has  career  enough  to  precipitate  even  dul- 

nefe  it  felf,  and  to  make  it  fly  with  the  wings  of  fear  to  avoid  the  Talons  of  their  fury. 

Et  fi  qui  fie  facer e  renttebant,    concito  fnftibus  csfi ,   ha  agere   compellebantur.  ] 
This  (hews,  that  muft  is  in  />*»;•*  not  onely  for  the  King,  but  for  every  Horfe-man, 
who,  if  he  be  but  mounted  and  become  a  man  at  Arms,  thinks  himfelf  abfolute,  hold- 
ing his  office  by  the  Scepter  of  his  Batton,  which  is  fo  nimble,  that  'tis  no  foener  a 
word  but  a  bin*  ■,  and  that  upon  his  head  who  is  de  jure  head  of  him,  while  in  his  family 
and  mnder  his  roof.     Now  thefe  FuTits,  with  which  on  unwilling,  becaufe  (  God 
knows)  unable  Hods,  they  do  execution,  I  take  to  be  no  tefera  Hoffitales  ■,    nor  can 
the  Ruffian,  that  thus  vapours  and  fumes,  fay  with  him  in  Plautus,  Veum  hofpitalem  /»  rxnul. 
tfr  ttjferam  mecum  fero  :  nor  do  thefe  Hofpitiumrennntiare,  ne  hofpitii  jus  vielarent,  '£  Y"r'iaAJ*  '" 
as  TuSy  fayes  the  cuftome  was ;    for  this  in  them  had  been  a  grace  of  ingratiation,  dea*™*".  & 'm 
which  would  rather  have  been  thought  a  Prodigy  then  any  thing  ordinary,  and  fiftive  ™!'i •  P*  *»• B- 
rather  then  real.     I  fay,  I  take  this  Mall  of  their  uncivil  execution  to  be  no  earneft 
for  their  welcome,  but  an  intimation  of  that  Club-law  that  they  hold  their  intereft  in 
their  Quarters  by,  and  therefore  while  that  is  up,  the  Houfekeeper  is  bound  not  one- 
ly  to  the  peace  of  good  words,  but  even  of  willing  looks 5  for  if  he  (hew  any  difguft 
of  his  guefts  pleafures,  ftrait  to  the  lace  he  goes,  which  does  fo  terrify 
them,  that  they  are  fain  to  take  injuries  contentedly,  and  to  give        .         . 
thanks  for  being  eaten  up,  and  out  of  houfe  and  home ,  aswefay  ■  for    ^tLm^^utS^u, 
(b  are  thefe  Horfcmen  flufh'd  with  their  tyrannous  abfoluteriefs  in    •<»  »••  <•*  <»;<«•<«  &  »/./««  ntm*. 
their  Quarters,  that,  to  ufe  Cominam  his  words,  No  reafon  or  hu-     lZv.Tj*  """"'  *  "'  *'  *** 
inanity  tan  retrain  them  from  injury  and  violence* 

Ac  dcinde  confumptis  in  Villa  una  vittsulibus,  foealibus,  &  tquorum  prabendit  ad 
Villain  aliam  homines  illi  proper abant. 

This  continues  the  mifery,  'tis  general,  every  part  ma  ft  bear  its  proportion  j  thefe 
Curriers  do  circuit  it  to  obtain  the  fatteft  prey  and  the  ptentifulleft  provifion  •,  thefe 
Clyents  to  Venus  and  5f//o»x,thehotGoddefies,  are  all  for  dyet  and  drink,  that  in 
the  vigour  of  them  reach  the  utmoft  extents  of  their  flaming  constitutions,  which  vice 
rather  then  nature  hath  fo  accended,  that  nothing  but  cold  and  hanger  can  reduce. 
Rather  therefore  then  they  will  want  thefe  cherifhings  of  their  pleafure,  by  which  the 
Wolfoffeeblenefs  and  difpiriting  is  kept  from  the  door  of  their  moving  Tabernacles,  -'v*' 
they  will,  as  bite  clofe  while  any  thing  is  to  be  had,  fo  change  their  pafture  when  it 
begins  to  abare,  Vi&uals  of  all  forts  they  will  have  •,  for  though  the  Houfe- keeper, 
Sea-mew  like,  muft  live  upon  the  Spuma  Marina,  the.  Dew  ( as  it  were  )  or  nothing  : 
yet  thefe  B«f«>  muft  have  firfi  and  fecendcour/e,  all  forts  of  things  Villualia']  quia  ^"i.^Tf. 
vefcuntur  ab  hominibus,  they  muft  have  fpetdjy,  as  foon  as  they  call,  willingly  with- 
out regret,  plentifully  without  fcant,and  feafonably,  recording  as  the  nature  of  the  year 
ufhersm  variety  of  dyet.  And  as  food/o  fire  muft  they  hive, Focalia"}  a 

for  this,  as  it  is  as  denominative  of  an  houfe,  as  Ara  is  of  a  Temple,     ^»  J&322?n^j{S£ 
and  as  much  to  the  completion  of  entertainment  as  meat  is ,  ( fince  ,  ... 

without  fire  and  candle,  which  are  Focalia,  what  comfort  have  men     ^Tn^^'^^"'^*"-™-'*- 
in  enterrainment.  )    I  know  Focalia  has  other  fenfes  in  Authours, 

the  Operimentum  tolli <&■  faucium  is  focalled  by  guintilian  -,  but  the  Greeks  appJyed  La -««■'•». 
the  word  pugillaribus  &  luttatoribus,  which  Turnebus  notes  as  well  as  others .-  yet  J 
our  Chancellour  by  Focalia  intends  thofe  things  that  appertain  to  fire,  which  is  beff 
when  'tis  in  the  Chimney  ■,  and  thus  it  is  near  of  kin  to  the  Ancient's  F»caria,  Sier  to' 

H  u  u  the 


I.  10. 


4-5' 


Turneb.  *dverf. 
Iib.l.t  p. 


Tholofl*.  Syntag. 
Juris,  lib.  15.C 
H.  ff  «. 


Lib.  IJ.C.4. 


Hejflin,  Gngr. 
M74- 


J»  Vitellio.  c.  1. 


A  Commentary  ufon  Fo  r  t  e  s  c  ui. 

the  word  Fornicator,  who  was  Servant  to  the  Baths  and  Fornaces,he  that  heated  them, 
which  becaufe  he  ever  kept  hot.he  was  termed  Fornicator  ;  thence  an  old  Fornicator  we 
call  a  man  of  years  that  when  he  is  paft  aftion  of  folly,  yet  is  fpeculatively,  and  in 
word,  filthy  and  obfeene. 

Et  Eq*orum  prabtndis  ]  This  is  to  exprcfc  Horfe-meat,  not  onely  pafture  and 
berbags,  but  Provender,  Hay,  Straw,  which  are  all  Prabend*  •  becaufe  they  do  in 
frullibus  confrere:  and  fuch  graft,  hay,  and  grain  being,  they  are  termed  Eaimum 
frtb(nA*,  though  I  know  Frabtnia  in  the  Plural  number  in  the  Canon  Law  has  ano- 
ther fenfe,  according  to  what  the  Ancients  held  the  Refidentiaries  in  Religious  HoufeS 
and  Cathedral  Churches,  enjoyed  to  fupply  religious  Pilgrims  and  Strangers  that  came 
to  them  with  teftimonials,  and  AgeUius  extends  it  to  all  neceflaries  for  an  Army 
when  he  fayes,  Vcntidius  Baffus  bemg  ftraitned,  Magiftratibus  qui  fortiti  Prtvincias 
fuijfent,  prabenda  pnblice  condstxife,  thefe,  and  other  large  Notions  of  the  word  being 
not  to  the  Chancellour's  purpofe,  I  keep  my  felf  to  that  fenfe  of  prabenda  which  is  ob- 
vious, and  refpedt*  horfes  in  Armies,  whofe  Quarters  thefe  Blades  of  Buff  and  Fury 
do  change  as  they  do  their  own  when  they  impair,  according  to  the  old  Proverb,  Lovt 
me  and  love  my  htrfe,  which  love  to  their  horfes  they  beG  (hew  by  putting  them  into 
good  paftures 

Ad  Villain  aliam  homines  i&i  proper ab  ant,  earn  conpmiliter  dtvaftando.  ~]  Thefe  flying 
Tormenters,like  fleas,$kip  every  where,  biting clofe,  foon  in  and  out  of  places.as  they 
faid  of  Charles  the  Eighth's  expedition  in  and  out  of  Italy,  Try  they  will  before  they  buy -, 
yet  not  fo  happy  the  poor  Peafant.to  have  things  bought  of  and  paid  for  to  him.  Eat  and' 
^Irink  and  wench  and  rave  they  will,  but  a  penny  they  will  not  part  with  in  payment  for 
what  they  take,  2V*  denarinm  ttnumpro  neccjfariis,  fayes  the  Text.  And  this  ubiquity  of 
theirs,though  it  terrifies  all  the  Country  j  yet  it  mines  it  lefs,  and  impoverifheth  it,  as  ic 
were,  more  juftly,  every  part  alike.  No  Angle  of  the  Country  that's  good  for  any 
thing  but  is  a  Fr  abend  for  fouldiers  and  their  horfes  •  yea,  and  for  fomewhat  more  ra- 
pacious and  bloudy,  their  wenches,  called  ufually  Sticklers  and  Laun- 
drciTes,  which  the  Text  terms  Concubina,  a  word  more  prefi  then 
Meretrices  ;  for  thofc  are  common  to  the  feifcrs  be  they  what  they 
will,  firfi  come  firfi  ferved ,  when  thefe  are  a  fort  of  loofe  propri- 
eties, pretendcdly  loyal  to  their  own  Mates,  but  extremely  difor- 
derly  and  villanous.  Yet  thefe,  though  forbidden  by  the  ftrift 
rules  of  Warr ,  are  fuffered  to  attend  Armies,  and  are  fo  influential 
(being  the  Baggages  that  attend  the  luggage,  lumber,  and  heavy 
draught  of  the  Army  )  that  they  are  taken  care  of  by  the  Quarter-Mafters,  and  are  as 
curious  to  be  pleafed  as  any  :]  yea,  being  vitious  women  and  warped  from  modefty,  are 
the  moft  beaftly  and  peftilent  enemies  to  the  modefty  of  their  own  fex  that  can  be  ima- 
gined :  yet  even  thefe,  fo  fordid,  fo  nafty,  fo  troublefome,  do  they  conftrain  their 
Quarters  to  receive  in  magna  cepia,^  in  great  abundance;  yea,  for  thefe  as  well  as  for 
tbcmfelves  do  they  compcll  the  inhabitams  of  the  Vills  they  come  to  and  ftay  in,  to 
provide  all  neccflaries,  not  onely  food  and  fire,  but  Sorcularia~]  Gmns  calciamenti 
i  Saceo  deduct ttm,  aShooe  like  a  flipper  with  an  heel,  which  we  call  a  Sock^,  afrer 
the  likenefs  whereof  it  was  made  :  the  Comedian  tells  us  as  well  of  Rifns  Seed,  as  of 
Lucius  Cothurni ;    but /occults*  the  Diminutive,  Suetmins  writes  of. 


MttitnxdicilHr.au*  indijftmtir  ft  ex 
fomt  ommbui  ;  CancMlitiA  verc.  and  *»»' 
fill  ft  exhibit.  Eft  autem  Concubmatm 
finucaiio  quddara  continutUA  turn  faint* 
determine* ,  it*  M  fit  vclut  cthabitMio 
autdim  *c  fi  JiiMrimtmt  ijfet  cenjxtiR*, 
S»yeruJi'»  C/xviT^jjm  S*etrd.  lib.  I.  «. 
X.  num.  f. 


Plin  lib.  *.  c.  j  j. 
Venuluius  lib. 
Dt  Militjbttt. 

Suetoii  in  Caltg. 

c  j>. 

Plin.M,  7.  c.43, 


Caligis~\  This  is  the  Boot-hofe,  or  Iegg,  or  fhort  flocking  which  the  Souldier 
wears,  hence  called  Caligati  Milites  -,  and  though  Caliga  properly  fignifie  tegu- 
mentum  Tibiarum  militart,  the  cover  of  the  military  Pipe,  fuppofe  the  Coronet  or 
Fife ;  yet  it  being  of  likenefs  to  a  Hofe  fignifies  that.  This  Caliga,  or  military  Calcia- 
ment,  gave  the  name  to  Cajtts,  Son  to  Gerntanicus  the  Emperour,  who  was  called 
Caligula,  Jsluia  ManiptiUrio  habit it  inter  Milites  edncebatur. 

Vfque adminimam  earum  Ligttlam"}  Not  onely  food  and  fire,  waftiing  and  lodg- 
ing, fhoes  and  hofe,  but  Laces,  and  every  Utenfil  about  thefe  lire- brands,  muft  the 
poor  Pcafant  finde  ;  which  makes  me  believe,  that  either  France  is  all  gold,  or  the 

Peafanw 


A  Commentary  upon  Fortescue.  43 i 

Peafant  all  drofs ;  for,  unlefs  whatever  he  touches  be  Coyn,  he  cannot  but  be  as  bare 
as  a  loufe,  who  has  thus  many  Riflers  of  him  fucctffively  each  to  other  :     and  there- 
fore no  wonder  they  are  poor  fpinted  that  are  thus  harralTed  arid  outed  of  all  ability 
to  live  handfomely  or  lay  up  any  ihirg  for  their  Children.    Alas,  poor  fouls,  all  their 
thoughts  are  how  to  pleafe  and  progg  to  live,  the  gayety  of  life  they  neither  know  nor 
defire,  all  that  they  have  to  call  ihcir  own  is  an  houfe  of  children,  a  wife  horridly  na. 
fty,  an  houfe  flenderly  fumiflhed,  aback  barely  covered,  and  an  Army  ofVermine 
ever}' where  about  them,  and  this  is  the  condition  of  all  thofe  that  dwell  in  open  pla- 
ces, without  Garrifons  and  walled  Towns  ^  forof  them  there  is  not  one  expersdeea- 
lamitate  ifia "}  faith  our  Text.   I  or  though  Garrifons  and  walled  Towns,  Villa  &  Op- 
pida  murata'j  be  more  chargeable,  for  that  they  maintain  Garrifons  to  defend  them, 
and  difcipline  in  them  is  very  drift,  becaufe  it  is  in  view  of  all  the  Inhabitants,  whofe 
clamour  would  have  audience  if  it  were  deferved  ;    yet  is  that  charge  ten  thou  fand 
times  rccompenced  in  the  fecurity  they  have  that  dwell  in  them,  which  is  the  reafon 
that  in  all  places,  fee  England  afide,  no  fecurity  is  almoft  out.of  Cities  and  Towns, 
fellows  to  them,  there  being  not  onely  a  force  in  Walls  to  deny  accefs  to  Spoilers,    but 
a  kinde  of  charm,  which  languages  the  rude  approrchers  to  beware  of  Sacriledge  invi-  si    is  ^uuvtrii 
dating  them:    Inmunicipiis  MMros  effe  fanttos,  is  Aiarcianns'%  his  rule,  lib.q.  Re-  Mum,  «/>««  f»- 
gularhm ,  concerning  Mur'%  and  the  Notions  of  them,  confult  Turwbtis  his  excellent  "j't"*r'  l°*ll°n' 
learning,  which  I  quote  onely  to  avoid  prolixity,  though  the  ufe  of  Walls  is  from  the  u't.'    '%C  "'" 
very  inltancc  in  confidcration  very  important,  lince  thefe  Walls  do  not  onely  keep  off  ^dv"J~- ''*•  '»• 
the  trouble,  charge,  and  danger  of  J,ouldiers  Quarterings,  but  the  often  pafles  and  re-  li'^.c.u //,».* 
paflcsof  them  ;  for  fo  the  Text  fayes,  ££ts4  non  femel  ant  bis  in  anno  hue  nephand*  »*«■»•> 
preffnra  gravatur,  but  very  often  is  thus  vexed  and  impoveriflicd ;  fo  that  they  are 
not  plagues  for  a  day  and  away,  but  at  all  times,  fo  often  as  they  pleafe :   and  this  adds 
tothemifery.  ' 

Fraterea  non  patitur  Rex  cjuenefuam  Regnift.i  falefn  emere,  qucm  non  tmatab  ipfa 
Rfge,  pretio  ejusfolnm  •  rbitrio  affejfo. 

This  Royal  Monopoly  of  Salt  is  that  which  is  one  of  the  Mines  of  the  French  Crown's 
Revenue  j  and  though  our  Text  count  it  a  part  of  the  fmart  miferyof  the  there  peo- 
ple to  buy  fonecefTary  a  thing  as  fait  is,  which  they  cannot  be  without,  any  more  al- 
moft  then  they  can  without  water,  fire,  orair-    yet  truely  propriety  being  the  mea- 
fureofthe  value  of  things  (provided  the  price  aflefled,  though  it  be  propria  arbitrio, 
yet  if  it  bejn.  any  degree  moderate)'tis  damnum  fine  injuria  to  the  peopIe,(ince  the  King 
miy  as  well  make  the  moft  of  his  own  as  private  men  ;  though  1  think  feldom  Princes  fo 
do,  though  their  Farmers  and  thofe  that  officiate  for  them,  grinding  the  people  to 
enriih  tkmfelves,  draw  much  murmure  of  the  opprcfTcd  people  upon  their  Principals : 
for  fo  unhappy  are  Princes,  that  offend  who  will  under  pretext  of  their  authority,  and    , 
by  colour  of  their  fervice,  the.diftaftc  and  odinmoi  them  is  apportioned  to  Princes 
which  is  a  good  caution  to  Princes  not  to  crufh  their  fhoulders  and  crimple  the  fup- 
ports  of  their  uftfull  lives  withfuch  fuperadditions  ( to  the  unavoidable  care  of  their 
proper  offices )  as  arife  from  mal-adminiflration  of  men  in  place  under  them,  Let  every 
\at\bear  itso-^nburthin,  which  1  purpoftly  here  infert,  not  onely,    as  it  is  juft,  to 
vindicate-thc  right  of  Royal  Commodities,  as  Salt  in  France  is  ;  but  to  remember  the 
fatality  of  (his  Artifice  of  popular  tumult  upon  the  pretext  of  oppreflion  by  evil  Coun- 
felloursand  Inflruments,   towards  the  bed:  of  men  and  Kings  his  Contemporaries   St. 
.  Charles,  who  fo  heavily  complains  of  them,  that  his  words  are,  if  /  had  not  mine  own 
.  innoctnej  and  Cod's  protection,  it  were  hard  for  me  to  ft  and  out  a  gain fl  thofe  Stratagems  Eicon  **£iic- 
andCoxflitlr  of  malice,  tvhichbj  falfities  jecle^toopprefs  the  truth,  and  by  jca.'ouftes  to  C'5 
f/tf  Ij  the  deftH  of  real  caufes,  which  might  fe em  to  jnftifie  fnch  unjttft  engagements  a- 
gainft  me,  fo  He.    This  premifed,  I  proceed  to  difcourfe  of  this  the  French  King's  re- 
ftrairK  of  Salt  to  any  but  fuch  as  buy  it  of  him  ■  and  the  reafon  is,  becaufe  it  is  the 
King's' commodity.     Brechtns,  that  learned  French  man,  tells  us ,♦  that  it  has  been  the  ^""^^m 
perquilitc  of  Regality,  and  that  which  Magiflracy  has  taken  as  its  Revenue  in  ancient  mfHu«*m  f**,i» 
times,  among  the  Romi.ni  alwayes ;  and  thence  in  thofe  Countries  which  were  fra-  Ug  ,7-  fl'  Sa!j*   , 
ftionsofir,  and  took  pattern  according  to  the  proportion  of  their  parts  to  its  whole,  **%$£' 

U  u  u  i  to 


"f-7 


Ccellui  Rhodig.    Itcf.  ^ntitj.  tit.  7 
if.  x. 

rlin.  H*t.  Hif.Uk.it 
Biechxus  hct  fracitt*. 
(%)  Lit.  II.  c.  II. U,  at.  c.  7, 
(bJX.it.  !.  e.  HI. 
(t)Lii.  I.e.  7. 
Jofephus/j*.  1  ^Anti^. 

Burchaidus  i*  W</cry*.  T«rr« 
f«rt.  1.  t.  7. 


tic.  10. 


f**a*. 


Mtrc.p.  59. 

Farochi  eV  Xenoparochi  «*«»  /"if. 
mi  Tirtgrmii  SaUm  A-  Ugn*  prtktUnt. 
/i»4  immim  «wm»  htrum  ffteipnm  omm* 
\nffitikui  tuctftri*  %McU%ina.i ,  Budzus 
mtMnita.uhq.  p.»*».  £<!«.  Vafcof 


4.31  >f  Commentary «pon  Fo  R.T  es  cue. 

to  retain  their  oeceflary  ufages  amongft  them.    This  then  of  Salt,  one  of  the  great  ne- 
ceflaries  to  lite,  1  fnall  not  write  of  at  large,  but  referr  the  Reader 
to  the  Authoursin  theMargent  i  onely  let  me  rainde  the  Reader, 
rhat  this  Sal  here,  is  not  that  Sal  metallicum,  id  Wr,  foflitium,  which 
Strabo  lib.  5-  «"s  'A\'ofUK]ot,  and  (a)  Plinj,  (b)  Diofcorides,  and 
Cc;  Varrt  mention,  and  of  which  I  think  I  may  with  learned  men  con- 
clude, that  not  onely  Abfoltm's  Pillar  was  made  of,  but  alfo  Let's 
wives  figure,   as  the  folid  body  that  in  the  perennity  of  its  con- 
fidence would  eternize  the  memory  of  their  (ins  and  punifliments. 
No  fuch  Stilt  is  the  King  of  France's  commodity  here,  but  that  Silt 
x^hich  the  pyifeman  faith,  Salt  favour eth  every  thing;  that  which  not  onely  our  Lord 
hints  of  its  confervating  quality  in  that  allufion  to  difcretion,  the  fteerage  of  the  con- 
verfation  from  danger  and  difgrace,  Have  fait  in  your  ft  Ives  and  be  at  peace  tne  with 
another  •,  but  that  Salt  which  is  the  relifh  of  every  Palate,  and  makes  good  every  cru- 
dity, which  the  Ancients  apprehending  under  the  name  of  Salt  and 
W ood,  comprehended  all  neceflaries  to  a  charitable  entertainment : 
fo  that  though  many  things  to  the  celebrity  of  a  Court-feaft  may  be 
wanting,  yet  where  bread,  beere,fire,  inafalt  is,  there  is  no  lack  of 
theintegralls  of  Meals,and  thofe  not  ony  fubfidiary  to  life,  but  whol- 
fome  to  promote  the  comfort  of  it,being  in  fome  meafure  there.  And 
therefore  the  univerfal  requiry  ot  Salt  enhaunces  the  quantity  that  is  vented  and  the 
price  of  it,  efpecially  where  it  being  in  the  fale  no  general  commodity,  bypecafionof 
which,onc  underfelling  another,  the  buyer  has  the  more  choice  to  deal  with  men.either 
as  their  good  humour  and  neceflities  do  render  them  more  tra&able,or  to  forbear  them 
when  the  contrary ;  but  in  one  band,  who  either  muft  be  pleaftd  in  the  price,  or  the 
accommodation  cannot  be  had.This  being  the  Hate  of  Salt  in  France,  the  Text  complains 
of  it  as  a  fore  curb  to  the  Natives  ■,  for  it  is  prized  folo  Regit  arbitrio,  and  at  fuch 
Rates  (though  Merchants  may  chufe  to  buy  it  to  tranfport,  for  buy  it  they  will  noc 
but  at  fach  a  rate  as  they  can  get  by  exporting  it )  yet  the  eaters  and  ufers  on  the  terra 
firrr.it  muft-,  and  by  this  he  does  fo  Orbem  \CaHieum\  Salt  defricare,  as  the  fpcech 
in  Turnebus  is,  That  he  by  his  Salt  at  his  own  price  drejns  awajthe  bloud  of  their  fnrfesy 
and  fo  does  in  a  kinde,  as  of  old  was  wont  though  in  another  manner,  cenfecrate  by 
*  the  Salt  his  Table  of  Royal  plenty  and  riches,    which  he  fupports  his  Imperial 
Charges  in  a  good  part  with.    For  though  he  has  other  vaft  income*,  yet  this  of  Salt 
is  not  the  leaft  -,  and  therefore  in  that  he  has  it,   and  that  for  fo  mighty  a  people,  and 
that  in  fuch  a  me<fure  as  he  may  fet  his  own  rare,  it  is  a  very  great  Prerogative  } 
which,  fince  it  muft  be  in  one  hand,  is  fitteft  to  be  in  the  beft  and  moft  charitable  one, 
who  like  Meroveus,  the  quondam  Governour  of  France,  ruled  fo,  That   in  ten  year t 
he  emitted  not  one  hour  to  do  welt •,    for  Princes,  as  they  have  opportunities,  fo  have 
fpirits  finable  thereto,  and  though  private  men  may  be  narrow  and  make  the  utmoft 
they  can  of  what  they  have,  yet  they,  out  of  their  greatnefs  of  minde,  love  to  be  boun- 
tifull,  and  in  fo  doing  deferve  not  the  complaints  that  otherwife  would  arife upon 
enhauncing.    For  as  it  would  feem  too  hard  a  prcflure  on  Subje&s  to 
make  them  pay  a  rate  for  their  breath,  light  and  water,  fofome 
make  it  hard  to  put  fuch  a  gabell  upon  Salt ;   yet,  as  I  faid  before, 
it  has  been  very  anciently  laid  not  onely  on  the  Roman  and  other 
Government's  Subjects,  but  even  in  France.  And  though  this  Sa- 
liejue  LaW  has  excluded  the  Subjects  from  the  Merchandife  of  Salt 
any  otherwife  but  by  buying  it  of  the  King,   as  well  as  the  other  Sa' 
liejue  Law  has  Females  from  that  Crown  •  yet  there  being  a  vaft  Re- 
venue (reckoned  at  leaft  to  7ccoco  Crowns  a  year  coming  to  the 
Crown  by  it ,)  and  being  a  continuance  of  a  long  time  in  the  Crown, 
the  Nation  findes  no  burden  of  it,  but  grows  rich  notwithftandtng  it.    For  Princes  do 
let  and.  fell  good  pennyworths,  and  if  their  Subjects  are  pinched,  'tis  by  their  Minifters 
avarices  which  cannot  be  avoided,  not  their  defires  to  fell  to  the  utmoft  value-    for 
lbme  they  muft  truft,  and  if  they  chufe  the  wifelyeft  they  can,  yet  they  may  be  de- 
ceiysd,  Opportunity  often  making  the  thief,  and  then  their  being  deceived  is  more  their 
misfortune,  then  their  fin  or  mis-government.     And  therefore  the  Subjefts  of  France 

■     arc 


*Aiverf  lit.  14. 
«.  I».».  SIC' 
*  Turnebus  *i- 
verf.  lik.lo.  c.it. 

Lege  BuJxura 
lib.  4.  De  A  (To. 
/.  147.   Edit. 
Vifcaf. 


Giimfton's  IJi/l. 
fiance,  f.iu 


«/«< ,  Philo  lib.  De  Septtnario 
&  Fefiis,  p.  1280. 

Tholofl".  Syntag.  Juri«  univctfi.  /«*.  i. 
«.  ».  ff.  I.  &feq. 

Albergams  Oifi-  "*•&.  p. Ml. 

Heylin'j Gfi- 


Pett.  Martyr,  in 
1  Reg.  c  9- 


French  Hiftory, 
f.56. 


Tholoff.  Syntag. 

lib.  3.  c.  f. 


Lit.  4.  c.  t.  £>« 
G«jJ.  Frtnar. 

aH.j. 

t  Inllit.  ».  10. 
M.  China,  p.6i- 


A  Commentary  upon  Fortescue,  4.3} 

are  no  more  difpleafed  at  this,  then  the  Egyptians  were  with  fofeph's  ftore  of  Corn, 
which,  though  it  boughc  ouc  the  Land  to  King  I'haraeh,  yet  refcued  them  that  fold  it 
from  famine  and  perifhmg.     For  though  this  jWf  raifc  a  vaftfammofmOney,  yet  it 
thereby  defends  the  people  from  rebellion  and  invafion  ■,  becaufeit  maintains  an  Army 
that  fupprefles  the  one  and  advances  boldly  to  refufe  the  other/Tis  true,  I  confefs,there  Arre  kakS  gu- 
is  no  comfort  in  being  hanged  on  a  golden  Tree,  no  more  then  for  a  Virgin  to  be  flu-  A¥  K£v  J^i*. 
prated  by  a  beauteous  perfon.    If  ruined  a  Subject  mutt  be,  whether  it  be  by  Princes  g^',  chil.2. 
or  others,  men  account  it  mine  and  welcome  it  not  ■,  but  yet  in  things  beneath  ruine,  Cent.  z.  Ad. 
in  (hortnings  and  abbreviations  of  life,  for  particulars  to  fuffer  them  to  the  accommo-  8.  p.  459. 
Nation  of  the  gencraky,  is  very  endurable  i  for  time  and  ufe  wears  out  thofe  prints  of 
regret,  that  upon  the  firft  example  and  introduction  of  unwonted  things,  were  fixed 
in  the  mindesof  menagainft  them.     The  twelve  Peers  of  France  were  wondred  at, 
when  firlt  inftituted  by  Charlemaigne  to  mr.ke  his  voyage  in  the  Warrs  with  Spain  more 
honourable  in  fhew ;  yet  ever  fince  they  continuing,  are  counted  the  Nobilities  fta- 
biliment  and  the  allowed  heigth  of  their  honour.    This  impofition  on  Salt  grew  up 
firft  under  the  Warrs  between  pBilip  oiValois  King  of  France,  and  our  King  Edward  •, 
the  French  King  being  in  want  of  money  made  a  Decree,  That  no  man,  of  what  degree 
foever,  fheuld  fell  or  buy  Salt  but  from  his  Granaries,  which  he  fet  up  (  fcifing  all  Salt 
in  every  Proprietors  hand,  and  giving  them  a  reafonable  price  for  it )  which  done,  he 
fet  what  price  he  thought  good  upon  it,  and  made  every  one  at  his  ftated  price  buy  ac- 
cording to  the  proportion  of  his  family  ■,  and  from  that  time  ever  downward.  This  then 
taken  up  on  that  necellity,  has  been  kept  up,   Jngeniofum  prefelto  invention  ( faith 
Gaguin)  que  nemo  a  tributo  liber  effct,&  stnde  ingens  Rtgibus  petunia  quotannis  venit;  yet 
time  has  made  this  Gabell  natural  to  the  French  Subjects,  as  Tunnage  and  Poundage  is 
here.  For  though  faith  Sir  E.Coikj,  that  were  given  to  H.5-  but  during  his  life  in  refpect 
of  bis  recovery  of  his  right  in  J><e»«,and  there  was  a  Provifo  in  the  Act,  that  the  King 
(hould  not  make  a  Graunt  thereof  to  any  perfon,nor  that  it  fliould  be  any  President  for 
hereafter  :  yet  it  continued  all  the  Kings  times  after,  and  all  of  them  enjoyed  it,  which 
confirms,  That  time  makes  that  f  leafing  which  at  firft  Vvas  notfo.    And  fo,  though   for 
the  French  to  purchafe  Salt  at  the  King's  rate  were  at  the  firft  hard  and  difguftfull,  yet 
nfe  has  made  the  Nation  perfect  in  the  cuftome  and  way  of  fo  doing  •,  that  onely  which 
argues  the  rigour  of  it  is,  that  the  Subjects  muft  not  onely  pay  the  King's  rate  for  the 
Salt  they  buy , but  muft  buy  fuch  a  proportion  as  the  bodies  of  the  perfons  in  his  family, 
are  by  the  King's  Commiffioners  computed  to  fpend,  fo  fayes  eur  Text. 

Et  fi  infulfum  pauper  quivis  mavult  edere,  quam  fal  exceffivo  pretio  comparare,  mox 
compeHitur  iUe  tantum  defale  Regis  ad  ejus  pretinmemere,  quantum  congruct  tot 
perfonis,   quot  ipfeindomofuafovtt. 

Indeed  this  is  hard,  that  a  poor  foul,that  muft  (through  neceffity)  want  much  accom- 
modation, becaufe  money  that  fetches  it,  is  (hort  with  him,  that  yet  fuch  amifcrable 
wretch  (  rich  in  nothing  but  children,  wants,  and  vermine )  fhould  be  compelled  to  take 
Salt,  which  perhaps  he  would  (hift  without,  or  to  fuch  a  proportion  onely  as  his  money 
will  reach  to,  (other  things  being  considered  alfo,  which  are  as  much  or  morcconcerning 
to  him)  beyond  his  ability,is  very  irkfome  and  certainly  offenfive  to  God.becaufe  an  op- 
preffion  to  the  poor,  whom  God  leaves  in  the  world  as  objects  of  charity  and  excrciles 
of  our  gratitude  to  him,between  us  and  whom  he  onely  has  made  the  difference.  Yet  is 
not  this  fo  ftrict  as  true,  that  it  is  the  condition  of  all  parts i  of  France,  thepreffure 
whereof  none  feel  but  they  that  are  leaf!  pityed  by  greatnefs,  and  leaft  able  to  relieve 
themfelves  againft  the  burdens  of  it.     But  poor  Wretch  that  the  Pcafant  is,  he  has  no 
remedy,    but  to  commit  his  caufeta  Godtheonclj  helpfull  Patron  of  Aftrejjed  Subje&s, 
and  unlefs  he  turn  the  heart  of  a  Prince  and  make  his  bowells  jern  to  his  foor  Vaf- 
fals,  there  is  no  remed]  but  patience  ;   Better  fufer  an)  miferj  and  diminution  then  fits 
againflthe  Law  of  Dominion  and  the  fidelity  of  Subjettion.    this  is  the  fafeft  way   to  a 
good  life  and  death  •,  though  certainly  they  have  other  Principles  whofe  fpirits  rife  up 
againft  Governours,  whofe  accounts  being  onely  makcable  to  God,  are  not  to  be  que- 
stioned by  men  any  further  then  the  Lawes  of  Nations  allow,  and  the  limitations  of  The  Aft-   , 
Religion  expound  thofe  allowances  ■,  my  Prayer  being  ever,  That  G«d  Vnottld  feafon  thour  spray. 

all  er. 


MiftrrimuiB  trta 
fbtifacnlum  vidi- 
rt  mttltitHdinit  & 
popfli  truwm*', 
Comrnxus  C"». 
fti.io.  DtCj'fit 
Ludev.  ;•*<>»• 


A  good  Prin- 
ciple. 


^34-  ^  Commentary  upon  Fortes  cue. 

all  good  Subjctls  with  that  fittj  ofrefoluticn,  that  thcj  may  make  them  love  and  obey,  more 
th.nft.tr  and  be  in  atoe  of  their  Prince-,  for  love  makes  loya!,wben  hatred  and  dread  is  the 
preparation  to  treachery  and  revolt.  He  faid  well  that  avowed  his  own  experience  of 
God's  work  on  his  gracious  foul,  J  had  rather  prevent  my  peoples  mine  then  rule  over 
Eie«n.  Bafilie.  them,  nor  am  1  fo  ambitions  of  that  dominion,  which  is  but  tr.y  right,  at  of  their  happineft, 
c-  »»•  if  it  ctulde.vpiate  or  countenance  fuch  a  way  of  obtaining  it  by  the  highifi  injuries  of  Sub- 

jects committed  againfi  their  Sovereign  thus  the  Oracle  of  Engltjh  Mtnarchs. 

Infuper  omnes  Regni  iUins  inc»U,  dant  cmni  anno  Regi  fuo  quartam  partem  omnium 
vinorum  qut  (ibi  atcrefcunt. 

chit,  i .  cm.  t.        This  is  a  further  addition  to  the  Revenue  of  that  King,  which  though  fome  may  cen- 
****l.n-  fure  for  Mala  vicinia  to  the  precedent  falfuginofa  vicinia  ;   yet  truely  I  know  not 

how  to  think  other,  but  that  it  is  a  referve  of  the  Crown  on  all  the  Vineyards,  which 
were  originally  derived  from  it .-  and  then  'tis  no  rc/>realevy  on  his  Sub/efts,  then 
Rent  is  Tax  on  a  Tenant,  or  Tithes  on  the  Occupier  of  ground.   Yet  in  as  much  as  our 
Text-Mafier,  who  lived  long  there,  referrs  it  to  a  badge  of  fervitude  and  villenage  ac- 
cording to  the  old  rule,  ^uicquidacquiritur  fervo,  acquiritur  demino  ejusdem  fervi, 
feems  to  be  more  then  ordinarily  worthy  notice  ;  for  in  our  Chancellour's  time  this 
fourth  part  de  Claro,  of  the  growth  of  Vines,  was  in  efftft,  reckoning  the  charge  of 
Funcu«°i"«-    Tillage  aru*  gathering, the  third:   and  Caffantus  adding  another  impofition  of  the 
vTL'lm,' *<»Zi  eighth  part,  devinovenali,  then  the  fourth  part  of  the  growth  in  kir.de, and  the  eighth 
fifckttmr.ciC  part  of  the- value  in  price,  brings  the  beft  part  of  the  profit  of  Vineyards  unto  the 
'"  m«4," "p.     Crown  :   for  as  all  perfous  are  bound  to  yield  it  the  fourth  part  of  their  growth  with- 
ut.  out  diminution,  fo  are  they  every  where  to  give  it  withoutexception. 

Et  omn'ts  Caupo,  quartum  denarium  pretium  vinorum  qua  ipfe  vendidit. 

This  Caupo  the  Tranflator  terms  a  Vintner,  becaufc  fuch  are  with 

CdMfm*,  uHnijim  *Jve»*  &  adctmt-     us  the  great  fellers  of  wine  ^  andofthefc  is  there  a  wealthy  Corpo- 

jS^iSt&T*  ri£     ration  in  London.     Yet  Caupo  in  the  Law  fgnifies  fo  much  as  a- 

J**  </?  uau  ubi  cmeftM,*  vendnntur.    mounts  to  an  Ordinary,  where  men  cat,  drink,  and  lodge,  but  not 

&  c.m*d<nt.s  ri<.i>»»t»r  mnad  cuUn-     tflcir  h    f        wl]ich  ^ffers  crom  a  Tavern,  in  that  therein  men  eat 

i»m  vet  ad  canu  ftabulMdos,  ftd  cimeitn-  ■•.,'.  .  ■     j  •    i_    •  ~r-       i  L       r     r 

d»m  ««»»,  oigeft.  m.  zi-  '•'■ ».  Mirg.     and  drink  onely  and  not  lodge,  it  being  a  1  lpphng-nouie  for  a  pafs, 

d.  Tibetna.^.  u i s .  and  fo  the  lawiull  refidence  in  it  oncly  for  the  day  .•   though  *  Brc- 

„  ,   ,  v.**.  ,>,  .uAmrmm     chaus  takes  it  Oiherwife,  Caupo  mercedem  accipit    ut  Viatores  in 

fiimfif.  Cauponamanerepatiatur,  jfabulartus  ut  permittat  apudeum  jumen- 

ta  ftabnlari  ■,   yet  our  Text  reftrains  Caupo  to  an  houfe  of  enter- 
tainment, an  Hoftlery  as  in  France  they  call  them,  which  though  the  Statutes  of 
ij/t.  2.  c.  8.  4H.4.C  25.  21  H.  8,r.  ar.  fo  calling,  underftand  Inns  for  bcafls  re- 
ceipt as  well  as  mens :  yet  the  Text  primarily  refpefts  them  as  felling  wine  for  mens 
drinking.     But  I  take  Caupo  to  be  more  general,  and  to  extend  to  any  kinde  of  nego- 
tiatour,  as  cauponar'%  to  any  kinde  of  dealing  -,    for  it  being  Sicr  to  Cupedia,  which  re- 
ferrs  to  Uutiora  efcnlentavcnalia,  takes  in  all  kinde  of  dealing  for  things,  which  the 
Greekj  render  by  Ka^iArAW :    thus  Ennius  ufes  c/iuponari  beBum,  which  he  borrows 
L.b.i.Dtvit*     from  ts£fchilus,  'Ov  KctmhdJwr  j^a'x^  •,   and  Phihfiratus  thus  tells  us  Apollonius  Ty- 
Apoiionii  cio.  M£MS  wrote  an  Epiftle  2/7ix<tT8Ao/f,  to  the  Corn-Merchants ;  and  in  '  another  place, 
%  u .  ♦.  t.  to.     w|jen  ^  wr-tcs  Qt tj,e  t0yj  an(j  m0yj  0c  callings,  he  fayes,  There  is  no  greater  4  (la- 
very  in  the  world,  then  your  Merchants  by  fea  and  land  have,  who  do  not  onely  kttp 
Faires  in  all  weathers,  and  notWtithflandingaH  hazards ;  but  n&£ivtit  1^  wtiiM/t  *»«■ 
-  tux***™*  but  keep  fowith  comers  and  goers  in  thefe  public^  houfes,  that  they  are  ever 

j/faj?'*   '       bibbing,  and  buying  or  felling  in  them,   which  he  reckoned  defamatory.     FortheAn- 
Thoioff.  symag.  cients  made  Lawes  again  Tavern-  keepers,  as  perfons  infamous  and  not  admittable  to 
Jnru.  /*,  it.  i.j.  Magjftracy^    yea,  in  as  much  as  the  keepers  of  them  were  to  receive  all  comers  and 
minifter  to  all  their  wants  ( which  worthy  people  would  not  conforme  to  doe. )     Of 
old  thofe  that  kept  fuch  houfes  were  counted  E  face  plebis,    no  better,  as  we  fay,  them. 
they  fhould  be,  under  which  reproach  Rahab  went,  and  was  therefore  called  The  Har- 
j'jh.i.t.  lot^  an(j  onr  L0r<j  js  thought  to  be  difgraccfully  alluded  to  in  that  fcandalous  taupt  of 

s     the 


A  Commentary  upon  Fortescue,  43  £ 

the  pharifees,  A  Wine  bibber,  afriendof Publicans  and  firmer s.  This' then  is  the  large 
notion  of  Caupo,  which  the  Text  Mailer  reftrains  here,  not  to* limit  its  verbal  latitude, 
but  to  reach  the  fenfe  of  his  purpofe  in  the  Quotation \  That  every  publick  houfe  and 
mcrryment  in  it,  payes  a  duty  to  the  publick  charge,  and  that  being  the  fourth  part  of 
the  price,  comes  furely  to  a  vaft  Revenue. 

Et  ultra  htc,  cmnes  Villa  &  Burgi  folvunt  Regi  annstat'm  ingentes  fummas  fup:r 
eos  ajfejfas,   fro  jiipendiis  hominum  ad  arma. 

Concerning  Villi,  fee  the  Notes  on  the  i  oh.  Chapter.     That  which  their  mention 
here  intends,  istonotifie,  that  as  the  open  Country- dweller  payes  in  his  fpoyle  by 
the  Army,  lb  the  immured  ones  anfwer  in  taxes  ■,  and  thefe,  as  they  are  annual,  fo  are 
they  not  light  and  eafie,  but  heavy  and  hard.     Ingentes  fummas  2  not  onely  great  but 
wonderous  fumms,  fuch  as  exceed  almoft  numeration  •    for  Ingms  is  a  word  of  capa- 
city, and  has  a  kinde  of  latituduiary  vallnefs  in  it,   Ingens  Miles,  ingens  Exercitus, 
ingentes  Cole ffi,  and  Pcpuli  ingentes,  are  frequent  in  Au thou rs :  yea  every  thing  thac 
is  notorious  and  prodigioufly  wonderfull  is  termed  by  it.     Virgil  tells  us  of  ingenti  a-  l  Georg. 
more  ferculfus,  and  F  liny  of  ingens  animus,  fortis,   magnits  &  cvnftans,  and  Livy of  PUn.  r«»cyr. 
eur*  ingentes,  ingentes  gratus,  clamores,  bella,  and  ingentis  nominis  Rex  ;  thefe  things   'L°*;W4. 
fet  forth  the  concurrence  of  Authourswitk  our  Text  to  exprefs  extraordinary  Taxes  ub'.ie.-stin 
by  ingentes  fummas.      And  fure  fuch  they  muft  needs,  be,  for  France  is  a  Country  J Bs"'c^anu,  uu. 
that  has  23  vaft  Provinces,  and  every  Vill  and  Town  in  them  being  yearly  aflefled,  the  jlm^rmm  V 
fumme  total  of  fuch  Provents  mull  be  exarithmetique  •  yet  fo  infatiableis  themindc  GaUi*  WW'' 
offome  Princes  as  well  as  meaner  men,  that  they  think  they  never  have  enough, 
though  they  force  men  to  digg  upon  the  Rock,  as  he  told  Pjfipratus  the  Athenian  Ty- 
rant, where  nothing  but  toyl  and  grief  is  to  be  cxpe&ed,  and  yet  mull  it  be  done  to 
pay  his  Mafters  impofition  upon  him  ,    slihoogh  the  end  of  fuch  levyes  be  not  profe- 
cnted,  but  the  Subject  preyed  upon  by  the  Army  he  payes,  as  if  it  were  forces  of 
Enemies :  for  the  Text  fayes,  the  taxe|  are  levyed  Pro  jiipendiis  heminum  ad  Arma  ] 
but  in  truth  they  have  leaft  of  it,  which  caufes  the  following  words,  that  the  Armata 
Regis,  qua  quam  magna  fempcr  eft,  &c.  J  That  the  Royal  Army  Which  is  great  is  griev- 
ous alf»,  making  little  difference  between  taking  all  in  an  enemyes  Country,  and  leav- 
ing none  in  their  own  Country  :  and  this  makes  the  condition  of  France  fad,  that  men 
muft  pay  to  fupport  an  Army,  and  yet,  by  that  Army  they  contribute  to,  be  eaten 
up  and  totally  ruined.  Yet  this  is  the  mifery  of  Armies,  that  they  are  not  onely  charge- 
able but  infojent  and  cruel,  and  are  armed  fuch  to  be  and  not  to  be  refufed,  becaufe 
they  come  into  Countries  all  over  prepared  for  commands  and  terrour.     Armata  ]  ^"»"f4  *f***- 
(a)  Tullj  points  out  to  this  fenfe  of  armata  J  Armatos  fi  Latine  loqui  volumus,  cjuoi  'Zm^w  tlfim'i 
atfellare  vere  pofiumus,  tfitior  eos  qui  [cutis  telisque   farati  ornatique  funt,  and  in  an-   t>£*  not  inhume- 
other  place  he  fpeaks  of  one  incredibili  armatus  audacik,  and  SUius  mentions,  Armata  ^£ic«o»«ft* 
delis  mens,   and  armatum  fide  pcftus  :    fo  that  the  Army  of  the  King  being  potent  and  cecin.  44. 
poor,  and  being  not  paid  their  wages,  are  forced  to  either  fpoile  or  ftarve.     And  hun-  c,'c  fro  d'm°^* 
ger  breaking  through  ftone  Walls,  and  neceffity  forcing  to  what  ( but  for  it,  is  exe- 
crable and  not  ihe  choice  of  men  )  the  French  Sub  jed  is  hardly  dealt  with,  who  psyes 
money  for  Ins  fecurity,  yet  is  quartered  upon  by  the  Souldiers  .    yea  and  thac  in  Vill* 
and  Burroughs,  fuch  an  animolity  is  there  in  the  Noblefs  againft  Corporations,  and 
the  Inhabitants  of  them,  that  they  can  neither  bear  their  thrift,,  nor  forbear  borrow- 
ing of  them  when  thrifty  they  are  and  can  lend.     Yea  ;t  fometimes  happens  that  the 
buffs  of  grcatnefs  better  endure  detriment  to  Nations,  then  take  reparations  by  the 
help  of  Citizens  and  P>urgeflc;s  of  Vills  and  Cities.     There  is  a  famous  ftory  confirm- 
ing this  in  fVal/inghAm  :     In  thetimeof  Richard  the  Second  there  was  one  Mexer  a  /,R  »-M1"* 
Scotch  man  infefted  our  Coaft  fo  boldiy,  that  no  Ship  could  ftir  to  and  fro  but  it  was 
mapped-,  the  Admiral  of  England  that  then  was  tared  for  none  of  thefe  things,  fo  true 
a  Callio  he  was  in  neglcd  of  his  duty,  that  the  Subjects  were  afraid  to  trade,  and 
merchandifegrcwfca'-ce  and  dear  :    yea  the  Pirat  braved  fo  by  his  fuccefles,  that  he 
faid,  He  voud  fitrprife  England  ere  long.     When  no  fpiritin  the  Nation  rofe  to  the 
fupprefiionotthismifchief,  Sir  John  Philpot  a  Citizen  of  L-mdon,  and  a  man  of  great 
wit  and  wtalh,  pitying  his  native  Country(  fo  nofed  by  a  bold  enemy,  and  ncgle&ed 

by 


^6         if  Commentary  upon  Fortescue. 

bud,  L»nca(hi«  by  hccdlefs  Minifters  of  State)refolved  with  himfelf  to  dear  the  Seas  of  this  Cormorant' 
^■cturtrmmTx-  an£|  t0  fcturc  bis  Country-men  and  their  Veffels  from  his  rapacious  dutches,  There. 
"Tdulm  ffltZ  upon  de  propria  fee uma  conduxit  milte  armatcs,  &c.  he  raifed  athoufandmenat  his  twrt 
um,<fm'K;trmdi.  charge,  and  with  them  Jet  upon  the  Pint,  and  net  em ij  teclt^  his  prizes,  but  him  the  Arch- 
wZttjtd"™  P"*t  *lfo  •,  wbich  a&on,  though  it  had  the  acclamation  of  the  Commons,  yet  brought 
Waiiingham.  f.    him  no  favour  with  the  great  men  :    for  Sir  John  Philpot  wasfummoned  before  the 
hi. i'»  R.  :.        Lords,  and  told,  he  was  too  blame  fo  to  do,   Ac  fi  non  licuiffet  benefacere  Regi&  Regno 
ue$fr»cit*t>.       fine  confilio  Comitum  &  Baromm,   faith  the  Hiftcrian.     Patiently  he  bore  the  fevcral 
cenfures  of  his  Judges,   till  overcharged  with  the  tartnefs  of  the  Lord  Stafford,  who 
rating  him  more  then  he  thought  became  him,  was  by  Sir  John  ftoutly  replyed  upon  to 
this  purpofe,   That  he,  not  moved  with  pride  or  ambition,  but  with  pity  on  their  floth  and 
his  Nations  difhonour,  undertook  the  enter prife  ;    and  that  what  he  had  at  his  own  charge 
done,  Vtas  fo  farr  from  deferring  difpleafnre,  that  he  hoped  it  was  an  acceptable  wtrb 
to  Cod  and  his  Country-men  :  and  that  his  Lor djhip  ought  rather  to  commend  his  zeal  to 
vi  ctma  mn  h*    *"  Country,  then  blazon  it  as  a  demerit  of  it,  which.rcply  did  fo  daunt  that  Lord,  that 
tm>  iZjn,°tji»n.  he  had  not  a  word  to  fay,  thus  the  Story  •,    which  I  note,  becaufe  it  often  falls  out,  that 
itra.  Hen  mi.    Qrc at.  men  think  nothing  worthy  or  acceptable,  that  comes  from  a  hand  they  like  not  • 
'*"'  (as  feldom  do  the  haughty  of  the  Nobles  and  Gentry,  Cities  or  Citizens,  though  de- 

scended of  Noble  and  Knightly  Families ;  )  who,  though  they  will  feck  Portions  with 
Wives  in  Citizens  Daughters  (  and  were  it  not  for  London,  what  Mine  of  that  kinde 
would  they  finde  in  England,  as  meanly  as  they  think  of  it)  yet  are  too  often  detra- 
ders  from  them,  and  utter  phrafes  of  difparagement  to  it,  like  that  Marginal  Not* 
which  my  fValfingham  has  on  this  (lory  in  hand  of  Queen  Elizabeth's  time,  A  fawcj 
Knave,  Merchants  anfwer  to  a  Nobleman.  But  enough  of  this,  onely  'tis  pity  Cor- 
porations, that  are  Staples  of  Trade,  fhould  pay  to  avoid  Quarterings  on  them,  and 
yet  be  quart  red  upon  ;  but  this  being  the  pofture  of  things  in  our  Chanccliour's  time 
of  ftayin  France,  occafions  me  to  conclude,  That  all's  txfh  that  comes  into  the  Soul' 
p/w,  n4. 7.  *&*  Net-  Andfince  their  Net,  which  heretofore  caught  the  Nation,  is  broken  and  we 
il*}.  1. 16.  are  efcaped  ;  andour  Governours  are  as  at  the  firft,  and  oar  judges  as  at  the  beginning,  as 

the  forequoted  Scripture  exprefles  the  happineu  of  a  reftored  people ;  how  much  be- 
God  give  us  to  comcs  jt  uS  all  t0  facrifice  to  God  ( in  the  advancement  of  his  glory  and  the  gratitude 
feafonabiy.'  "     of  our  reformed  lives)  the  firft  and  fatlings  of  our  ferenity  and  order.    For  what 

Bocerns  writes  of  Armies  and  Souldiers  is  moft  true,  All  the  good 

?«u  <j««  helium  tuftn.  fum  Un  •*>■     they  doe  (  ntceffty  of  Rebellion  and  Jnvafion  excepted  )  is  toleratitn  of 

XZt^apttfiSi     <*  *%*'»  grojtif,  the  parties  fount  in  them,  diflurbance  of  fit. 

damn,  apnuitur*,   mrcttura.  n*v:g*-     led  order,  decreafe  of.  good  learning,  difpoffe/fien  of  Subjects  of  their 

ti,.  &c.   m,Mu,  em*  ,*?„  f,i»»m»r,     fatf.,    /„n^    vinejards,  and  accommodations ,   impediment  of  has- 

ftfe  run  ut  bmsm  tr  juftiutt  ctufum  it-  J.    »  -'  J.         .  .  „  ri     .,  i.  '  ,  \. 

fend**  .■  fedut  fF»n*f  &  txHtt  .*»hW     bdndrj,  traXe,  navigation,  dejtwttuuoj  buildings,  murthers of  men, 
ftrtunit  tiverfario,  dim™  itmum  red..     tndwa(le  of  cattel  and  wc*lth -,  for  the  fouldier  quifuch  docs  more   in- 

*nt,  tileis  inter  fe  numrmtt  dii'ttiiiint,  fc»-  i  l  •     /•     •  i  J  »         .1  •      +1  r  1  •  r 

ufmcMv,  mn  *L  f.d  b*fii,  metUmnr,     tend  his  ffotle  and  pay  then  examine  the  caufe  ;  and  caring  not  for  any 
Lii>.  d«  Bello  &  Duello,  c  i».  f.tijb       thing  beyond  returning  home  rich  when  he  JhaM  be  difcharged,  fiudies 

no  civility  to  the  Country  he  is  a  stranger  to  and  a  temporary  Con- 
ejuerour  of,  thus  Bocerns.  From  the  danger  of  this  then  (  God  be  thanked  )  England 
being  delivered,  we  have  a  mercy  beyond  the  Subjects  of  France  ;  wherein,  though 
there  is  no  enemy,  there  is  notwithftanding  an  Army,  which  does  quarter  on  the  peo- 
ple ftirewdly,  fo  it  follows. 

Et  ultra  hec,  tjualibet  Villa  femper  fuftinet  duos  fagit tar ios  ad  minus,  &  aliaud 
flares,  in  omniapparatu. 

Still  more  and  more  charge,  belike  France  is  all  Gold  and  Gold's  worth,  not  one- 
ly the  fourth  part  of  the  Grapes,  and  a  penny  on  the  Quart  for  wine  fold,  taxes  raifed 
yearly  on  Vills  and  Burroughs,  free-quartring  on  the  Peafants  who  live  in  the  open 
Countrey  •,  but  alfo  befides  all  thefe,  every  Town  and  Ville  is  bound  to  maintain  at 
their  own  charge  two  Archers  at  leaft,  and  fome  more,  every  way  compleat,  in  alt 
manner  and  equipage  of  Warr :  this  will  amount  to  a  mighty  Army.  Confider  then 
Meyiin.  0«jr.  jfwedoe,  Frame  to  be  in  length  660  Italian  Miles,  in  breadth  570,  in  circumference 
'•,7,#  2040,  its  2  j  great  Provinces,  that  contain  in  Parifh-Prielts  of  the  Clergy,  who  yet 

are  butafmallpartof  the  men,  yet  arc  in  number  faid  to  be  130000,  other  Mmr- 

fters 


A  Commentary  upon  Fortescue;  4.37 

Rers  iooooo,  3  Archbifhops,    1O4  Bifhops,    1450  Abbyes,    540  Arch-Priories^ 
i2?2o Priories,  567  Nunneries,  700  Convents  of  Fryers,  259  Commanderics  of  He;lms a"&r' 
KMalta,  27400  Parilh  Churches,  in  which  are  computed' 15  Millions  of  people.     I 
fay    France  fo  vaft  in  circuit  and  numerous  in  people,  having  perhaps  as  many  Vills  .  r     ,-, 
and  Burroughs  as  Egypt  had  Cities  in  Amafis  his  time,  which  Budaus  fay  es,   were  Affc/..  i>s. 
20000:   if  at  14  thoufand  of  them  2  comes  to  28000  Archers,  and  6000  at  3  a  Ville  EditBafl1. 
is  i8thoufand  more.     I  fay,  thefe  thus  computed  make  a  very  vaft  Army  of  Archers,  's's'•"'/''• 
and  thofe  are  no  mean  Artillery  but  of  great  terrour  and  execution.    Antiquity 
thought  fo  of  them,  for  befides  that  the  Afatique  Nations  and  the  Indians  to  this  day 
ufe  them,  the  Romans  and  Germans  had  much  efteem  of  them.    TuHj  numbers  Ar-,     .       . 
chers  among  the  Magna  tormentorum  copia,  multis  Sagittariis,  mnlto  tabore,  &c.  and  io».5"  * 
t  Tamtus  reports  the  Germans  to  Afperart  fagittas  tffibus,  and  Qumt'ilian  tells  us  of  '  -°*  Germinis. 
ArmatHs  fagittis  &  face  ■,  and  Ovid,  though  he  wantonly  ufes  the  phrafe  Nudis  ft-  ^j™"1"'*''" 
gittisutiadbella,  yet  alludes  to  the  cufloms  of  Warrs,  to  have  Arrows  in  a  readinefs, 
when  the  wolf  of  an  enemy  was  before  them,   this  dogg  of  Arrows  was  behinde  hang- 
ing at  their  backs,  ready  to  fix  them.     For  as  Arrows  are  an  Engine  of  Warr,  doing  Sigmt^Ur«\s 
execution  without  noife  and  at  diftance,  fo  are  they  very  fatal  in  their  galls  to  Horfes,  'ifJl^iitV!, 
and  their  injuries  to  foot-fouldiers,   which  made  Mefes,  who  was  mighty  in  word  and  ■««' $*«!  ngw  pi 
deed,  compofe  his  Army  much  of  Anhers  and  Darters,  if  Philo's  Authority  be  Ca-  '*"'  EtJmol°s- 
non  in  the  cafe  ■,  forhefayes,  he  had  'AxouTi&f  and  <rtpivJbAsa.< ,  which  are  often  as  po-  l.4.s«w«mo- 
tent  to  force  an  enemy  from  his  ftation,  as  that  Per  fan  money  named  Sagittarius,  was,  Jjj' ''  *£'■ 
to  force  Agcfilaxs  outof  A  (ia,  when  the  King  of  Perfia  by  Timocrates  gave  him  thirty  po-hegmM. 
thoufand  of  them  to  have  his  Room  rather  then  his  Company.    The  Archers  then  of 
our  Text  are  fuch  as  doe,  though  they  doe  not  Venenatas  emitter  e  fagittas  (as  fome  ^Tt^'sjj. 
barbarous  Nations  ufed,  to  cure  the  ill  confequence  of  which  Pliny  tells  us,  men  ftudied  &  w  10-  '•  *°- 
Remedies)  yet  doe  Vulnifer as  emittere  fagittas,  and  fuch  as  brings  men  in  potentia.  r**'  '''•*' e19' 
prtxima,  by  mayhem  to  death.     Thus  Saint  Bernard  tells  us  allufivcly,   that  God  has  Sti„uiMamifi 
three  great  forts  of  Arrows  to  wound  the  hairy-fcalp  of  wickednefs,  lofs  of  fortunes,  pam:pfh>c«. 
Corparal  difquiet,  and  Jnf email  ferments,  and  that  there  are  but  three  defences  againft  f"1."  ""[f^u 
them,  Calm  fear,  Devout  Itve,  and  Virtuous  wifdem ,  by  which  they  will  be  fruftrated.  ZtmZJ.li'st" 
And  certainly  as  heed  to,  and  provifion  for  the  evil  day  afore  it  comes,  is  the  way  to  Bernard  i»  Sm- 
conquer  the  terrour  and  defpoyl  the  triumph  of  it  when  it  comes  ■,  fo  to  be  unprepared  """"' 
for  and  negligent  of  it,  is  not  onely  to  yield  the  breaft  of  life  and  happinefs  to  .the 
fury  of  Arrows  of  enmity,  and  to  court  a  foe,  in  me  convertite  ferrum,  but  do'ggs 
the  difcoafolacy  and  (hame  of  fuch  advantage  and  infult,  with  reproach  of  afnery.  And 
therefore-our  Nation,  who  ever  found  great  advantage  by  Archers  and  Arrows,  Not  ^.  Hoiin  n>ed 
cnelj  by  many  notable  alls  and  difcemftures  tf  fVarr  againft  the  Infidels*  and  others,  vjt.Tmf.  nil". 
but  fubduedand  reduced  divers  and  many  Regions  and  Countries  to  their  due  obey fance, 
t»  the  great  honour,  fame,  and  furetyofthis  Realm  and  Subjects,  and  to  the  terrible 
dread  and  fear  of  all  (trange  Nations,  they  are  the  words  of  the  Statute.  33  H.  8.  c.9. 
enjoynes  Archery  to  be  maintained ;    fodidF>efore  5  H.  8.  3.  6  H.  t.c.i.  which, 
though  they  are  repealed  by  the  33  forementioned,  yet  ftand  good  as  to  the  approba- 
tion of  Archery  therein  directed.     And  this  the  Text  noting  as  a  piece  of  the  wifdom 
of  the  French  (who  has  often  been  defeated  and  galled  by  our  Archers  and  their  Vollies  Holifl  ^eA 
of  Arrows,    as  at  Hambentxn  Edward  the  Third's  time  under  the  Lord  Mannyes  con-  10. 171.  Mm 
duct,  after  at  Abvile  and  Saint  Reamer,  after  at  the  battells  of  poittitrs,  Aulroy,  A-  »»7-77°-77'- 
gincourt,  in  the  expedition  of  the  Lord  D.  Awbeny  and  Earl  Mar  ley  againft  the  French 
\n  Henry  the  Sevenths  time)  finding  the  ufe  arid  confequence  of  them,  array  their  Na- 
tion wi:h  them  -,  though  I  read  of  no  great  execution  that  they  have  done  by  them, 
but  yet  they  do  continue  the  exaction  of  Archers  from  every  Vill  and  Burrough, 
which  doth  finde  duos  ad  minus  fagittarios,  &  aliqui  plures. 

In  omni  apparatu  &  habilimentis  fuffcientibus  ad  fcrviendnm  Regi  in  guerris fuis . 

This  comes  in  to  fhew,  that  not  onely  the  bare  Archers  are  to  be  found  ,  but  them 
fet  forth  to,  and  furniflied  for  performance  in  the  warr  -,  For  omnis  apparatasGgnifies 
a  good  doathing  and  arraying,  as  an  Archer  fhould  be,  with  Bowes,  Arrowes  of  all 
forts,  Files,  Whetftonej,*  Gloves,  Bracers,  Bow-ftrings,   Sword,  and  all  things  elfe 

X  *  x  tbat< 


4.38  A  Commentary  upon  For  t  e  scu  e. 


,.  Aicjui  Ad  illtm 
tdm/smm  tftr*m 
tia»*me$t  imn- 
tjiummfi  of/MM- 
w>   <5"  mtditum 

A     .ill. 

I  DtUpi.  17. 
1  Dt  Invent.  74. 
Valla  ft*.  5.  - 


f(itl   tern   fans 
ptrrt.    Ttov. 
Gall.  Translated, 
He  that  hath 
Land,  is  fcldom 
out   of   Law. 
Hypodeijra. 
Neuftrix,  f.  17*. 


Hifi.  France. 
In  his  life. 

A  brave  K. 
and  a  true 
publick  Fa- 
ther. 


Cent.  «    Cbil.  I. 


"Hges  tnim  illi.fi- 
lumdici  merentur 
(fuft  &■  ah'!  »<>- 
tntnm  plenitndine 
regnnt.  Caftan. 
Catal.  qi.  M. 
f.  in- 
Gaguinus    m 
Cfer»n.  Franc. 
Caff.  Catat.  G(. 
Mundi,  p.  579. 
Hi/?  France  u* 
/>/<•/ Lewis  11. 
t  41  J. 


CalT.  Catal.   C/. 
Af»»W.  p.  570. 


that  to  Archery  appertained  .-  apparatus  Signifying  not  onely  the  furnifhing  it  felf 
but  the  preparation  to  ic.training  up  to  the  exercife,  and  this  added  to  the  former,  makes 
compleat  apparature :  Thus  TuUy  defines  apparatus  homo,  and  inftrnlla  &  appara- 
ta  domus  cmnibm  rebus,  as  much  as  omata,  fothat  every  thing  that  is  deficient  of  the 
perfection  ol  its  kinde,  being  faid  a  magnifieienti*  gtneris  recedere.  This  apparatus  be- 
ing the  triumph  over  that  mutilation,  is  that  which  is  underftood  the  compleatnefs  of 
it,  which  becaufe  in  matters  of  warrtohave  all  necefTaries  to  carry  on  our  underta- 
king to  its  full  execution,  do  become  a  Souldier.  Habiliments  of  all  forts  are  neceiTary, 
and  'tis  faid,  Cum  habilimetitisfuffcientibus,whercby  is  meant,  according  to  the  French 
Habiliments  notation,  aptly,  ftrongly,  cunningly,  and  with  good  decorum  ■  and  this 
to  be  enabled  by  good  fetting  forth  to  do,  is  cum  Habilimentis  fufficientibus ,  ("as  the 
Texts  words  are )  worthy  the  Kings  fervice  in  his  warrs. 

InGuerris  fuis."]  A  word  made  Latin  from  the  French  Guerre,  which  fignifies  pri- 
marily inteftine  diffention  and  conteft,  a  thing  frequent  in  France,  but  is  ufed  largely 
for  any  Military  encounter  -,  fo  jValfmgham  exprefles  it,  and  thence  the  word  Warr 
which  is  of  the  fame  latitude  :  For  wars  being  the  Kings  to  begin  and  end,  as  to  him  in 
his  Ma jeftick  consideration  feems  meet,  thole  that  are  to  affift  him  by  tenure  and  roll 
are  fo  to  do  in  France,  when  ever  his  Army  is  in  motion,  and  his  Royal  Orders  to  fum- 
mon  them  to  their  Quarters  ■,  which  Quotics  libit  eos  fummonere']  is  a  very  vaft  power 
in  that  King,  andthofe  People  willingeft  fubmit  to,  and  with  leaft  regret  bear,  who 
live  in  the  times  of  fuch  as  Lewis  the  twelfth  was,  whore  Hiftories  pnblijb  to  be  good  t» 
his  fub  jells ,  andalVeaj/es  fin  died  to  eafe  them  ;  for  he  raifed  man]  Armies  of  Horfe  and 
Foot  Without  the  opprejfion  of  his  People  bj  mw  imp options,  which  made  his  fubjtUs  often 
and  free  Ij  grant  him  increafe  of  Subsidies  to  fupplj  his  fore  in  and  dtmtjUcI^  affairs,  jet 
would  he  not  allow  ofthofe  impoftions,  de firing  rather  to  cut  off  the  expences  of  his  oVfn  Per- 
fon  and  Houjbold  to  fave  his  People  from  opprejfion  and  fpojle  :  Thus  noble  was  King 
Lewis,  who,  though  he  had  all  he  pleafed  of  his  fubjefts  in  vaffalage  to  him,  and  could 
mow  the  faire  Meadow  of  France  by  the  lithe  of  his  Power  as  often  as  he  pleafed,  and 
that  to  fuch  a  proportion  as  fhould  fhave,  rather  then  only  fheare  the  fleece  of  his  fub- 
je&s :  yet  amidft  all  thefe  temptations,  he  employed  not  his  Power  to  burthen  and  pinch 
them,  but  knowing  God  his  Chief,  knew  it)  -n  hJLxopxj  mpUm,  what  was  white  or 
blaek,  good  or  evil  in  him,  would  accordingly  reward  or  punifh  it.  1  lay,  under  fuch 
a  Prince  no  latitude  of  power  is  too  great,  becaufe  God  gives  him  power  over  his 
temptation,  and  thereby  fecures  them  that  otherwife  he  could  annoy  :  but  when  Prin- 
ces of  other  temper,  whofe  will  is  the  Law,  (  when  it  wills  nothing confenting  with  the 
Law  of  God,Nations,Reafon  and  ReIigion)are  in  power,  then  full  lad  is  the  cafe  of  Sub- 
jerfrs,&  full  difmall  the  accounts  thofe  Princes  have  to  make  to  God  for  terrifying  their 
quiet  and  patient  people,  and  burthening  their  contented  backs  beyond  meafore,  and 
the  proportion  of  neceffity  :  which  Lewis  the  eleventh  King  of  France  in  a  high  mca- 
fure  prafticing,  and  rejoycing  in  nothing  more  then  to  tyrannize,  did  feel  repaid  him 
inthedreadfullterroursof  his  fick  and  death  bei;  for  when  he  began  to  decline,  he 
was  a  terrour  tohimfelf,  hating  and  miftruRing  every  one,  (  not  his  own  fori  and  fon- 
in-law,  his  daughter,  Nobles,  Courtiers,  Commanders,  excepted)  but  profecuted 
them  all  with  jealoufies,  onely  fames  Ccttiera,  a  Burgundian  Phyfitian,  he  trufts,  and 
was  fo  defiroug  to  live,  that  to  draw  forth  Cot  tier  as  umoft.  skill  to  fave  him,  he  gave 
him  i ooro  Crowns  a  Month,  and  what  Lands  and  Offices  for  himfclf  and  his  friends 
he  would  demand,  his  Nephew  he  made  Bifhop  of  Amiens  ■,  In  fhort,  fo  he  would  but 
prolong  his  life,he  was  conteuted  he  fhould  command  his  Crown  and  Scepter :  after  this, 
being  fcarfull  of  death,  he  fends  for  Francis  the  pious  Hcrmite  of  Calabria,  falls  down 
upon  his  knees  before  him,  deliring  him  to  prolong  his  life  :  he  caufes  the  holy  Reliques 
to  be  brought  from  Rheimes,  Paris,  and  Rome,  and  by  them  ftanding  by  him,  hoped  to 
preferve  his  life  ■,  and  when  all  the  Divines  about  him,  told  him,  he  could  not  efcapc 
death,  bat  was  to  prepare  for  the  entertainment  of  it,  all  lie  fayesis,  I  had  hpe  that 
God  would  help  me,  but  God  knew  he  little  deferved  it  ^  for  though  be  took  the  poli- 
ticked courfe  he  could  to  have  his  cruelty  in  Government  concealed,  fetting  up  his 
Statue  in  his  life  time,  with  his  knees  bended,  and  his  hands  joyncd  together  and  lifted 
up  as  a  devotionary,  and  this  he  did  to  prevent  the  effigiation  of  himfelf  when  dead, 

as 


A  Commentary  upon  Fortes  cue.  439 

as  the  manner  is,  with  both  his  hands  downwards,  to  f  gnifie  thefe  that  did  in  utreqnc 
male  adminiftrare  •,    yet  by  this  d:d  he  not  avoid  the  fevere  CharafterofH.'/rcrM*/  ; 
for  miferable  Prince  as  he  was,  God  was  not  near  in  the  comforts  of  adverfity,  the  pro- 
fpenty  ©f  whom  was  not  only  an  eltrangement  from,  but  an  enmity  againft  God.  Much 
good  may  Honours  do  them  that  buy  them  fo  dear  as  fome  great  men,  whofe  will  is  the 
Law.ofttn  doc  :fo  did  the  Frtmh  Queen  Katharine, who  to  eftablifh  her  Regency  after 
Henry  the  Second,  found  no  better  means  then  to  abolifh  the  fundamentall  Lawes,  the, 
order  of  the  Realm,  the  priviledgeof  the  Princes  of  the  bloud,  the  authority  of  the  ge- 
neral Eftates.and  the  Prerogative  of  the  Parliaments.  O  furely  'tis  a  fhrewd  grief  to  un- 
dcrgoe  the  crofs  pu  i  pofes  Princes  affairs  arc  ruled  by.  Philip  the  Fair  would  needs  raife 
impositions  often  Deniers  on  every  livre  in  Merchandifes  and  Wares,  the  people  in  Mji.vnnci, 
Ficards,  Normandy,  Orleans.  Lyws,  and  other  places  flew 'into  fuch  fedition  that  P-'57- 
they  made  his  life  a  trouble  to  him.    And  in  Charles  the  Sixth's  time,  by  reafon  of  high 
Government,it  came  to  that  p.ifs,that  his  very  Servants  banded  againft  him,his  Counfcll 
plotted  his  ruine.and  the  chief  Controulers  of  his  aftions  were  the  Princes  of  the  bloud. 
Thefe,  Thefe,  are  the  miferies  of  Governments  depending  on  will,  which  is  fuch  a 
wilde  thing,  if  not  bounded  by  God  who  onely  can  keep  it  from  the  hour  of  tem- 
ptation and  mi  fcarriage,  that  there  is  nothing  more  fatall  (except  Hell)  then  it  is  j  nay,  unutm,T»tt*> 
it  is  that  which  makes  the  Hell  of  torment.     This  boundlcfs  Will  in  the  dangerous  ef-  x«wi*», 
fcftsofit,  is  thecaufcofthat  His  non  penderatis,  which  produces  Tallagia  alia,  Sic. 
to  the  ruin  and  grief  of  fubjc&s  -,   for  when  Greatnefs  is  fet  upon  the  carier,  and  will 
go  on  non  obfiante  Religion  and  Juftice :    O  then  'tis  nothing  but  God  can  remor*  it. 
Saint  Clevis,  the  Founder  of  the  GaUicjuc  Greatnefs,  is  ftoryed  to  commence  hisAt- 
thievements  after  a  method  very  drcadfull ;    He  flew  all  his  Kinfmen  that  their  Princi- 
palities might  come  to  him  and  his  Race,   he  fpoiled  men  prodigeoufly  of  their  goods, 
he  fcifed  and  flew  Chararie  and  his  fen,  condemning  them  (  as  they  were  polling  )  to 
be  put  into  a  Monaftery  ■  the  fon  feeing  the  father  weep  bitterly  faid,  Thefe  green 
brunches  will  grow  again,  for  the  Stocks  not  dead,  but  God^/iU  fuffer  him  toperijb  that 
can feth  them  to  be  cut  off-,  which  [peechclovis  hearing  of,  faid,  They  complain  for  the 
loft  of  their  h.iire,  let  their  heads  be  cut  of,  and  (lain  they  were.     Add  to  this  his  Con- 
fpiracy  with  the  fervants  efRaguachair,  and  when, they  had  brought  Fagnachair  bound 
into  his  prefence,  he  reviles  him  for  unworthy  the  bloud  of  Merovet  thus  to  fuffer 
himfelf  to  be  bourfd  ;   and  when  thofc  that  he  hired  to  binde  him  came  for  their  re-  _ 
ward,  he  reproached  them  with  Avaunt  Traytors,  Is' t  not  enough  that  I  fuffer  yotttt  f!n,i7.' 
live,  I  love  the  Treafon  but  I  hate  the  Trajtor  :  thefe  and  fundry  the  like  which  Gregory 
ef  Tours  charges  on  him,  make  him  a  moft  grievous  (inner  though  a  great  King,  and  the 
more  grievous  becaufc  fo  great  a  Perfonage.  All  thefe  confirm,  that  Oppreflion  proceeds 
from  unlimited  Wills.    When  Princes  give  way  to  vage  defire,  they  bound  no  where, 
but  think  what  they  have  coo  little,  when  what  they  would  have,  is  farr  further  too 
much.    Alas,  What  would  the  French  Monarch  have  more  then  he  has,  who  has  all  hig 
Subjects  have  ?  Enlarge  his  Revenues  he  would,  but  to  what  proportion  he  knows  noc 
himfelf,  nor  doe  his  Sub  jefts :    Lewis  the  Eleventh  advanced  the  Revenue  of  France 
one  Million  and  half  of  Crowns }    Francis  the  Fir  (I  doubled   that  Advance;   his  Suc- 
ceflbur  Henry  the  Second  doubled  the  firfl  double  }  Charles  the  Ninth  added  to  the  fix 
Milionsafcvcnth  ■,    Henry  the  Third  brought  the  feven  to  ten  Millions,  and  after  to 
fifteen  ;   in  Henry  the  Fourths  time  the  Treafurer  of  the  Duke  of  Mayenn  faid  that  his 
Maflcr  had  mqre  improved  the  Revenues  of  the  Crown  of  France  then  any  King  had 
done  before  him,  advancing  it  from  two  tofive  Millions  Sterling,   and  yet  not  a  tenth  Heyiin'«  c»rr. 
part  come  cltarly  to  the  King's  Revenue,  the  Crown  having  30000  Officers  to  gather  p.  mi. 
its  Revenue.     1  hefe  and  the  like  unhappinefles  of  our  natures  in  heigthof  fortune 
argue  Princes  as  men  in  danger ;   and  Subjefts  under  the  ill  Afpects  of  that  Greatnefs, 
not  happy,    but  as  the  Text's  words  are,    Lace  fit  a  Flebs  ealamitatibtts  in  miferia 


wn  minima  vivcrc. 


His  &  a  iis  calamitatibus  Pltbs  ilia  laceffta  in  miferia  mn  minima  vivit. 

Thefe  forementioned  and  others  equivalent  Oppreffions,  he  calls  Calamitates,  to  fet     * "f*1    ~ 
forth  the  inevitable  and  fatal  nature  of  them  :   for  Calamitas  is  properly  the  violent  &  ™  **  " 

X  x  x  a  beating  *("*' 


44< 


A  Commentary  upon  Fortes  cue. 


*  Eccles.  j.  7 
Livius. 


Mortem  Uctfsit 
rMlerrjUt  vivendo  v*l< 
Turncb.  tdvcrf  lib. 

5  Dituc  frivitu.  ., 
ftrthilt  fine  tubilei  Mditci  tun  Uctftndn 
In  EdW.  I. p.  ii. 

T{t<  jlicii  p*fc»*  tfe  Militum.    Mititct 
p*ftn*    tfft  Vmbolimm.    Diftum  Ludo- 

1K.ll. 


beating  down  of  Corn  or  other  vegetables  by  Winde,  Hail,  Rain,  or  other  Tcmpeft. 

ThcopbrAftus  to  ftiew  the  demolishing  nature  of  it,  renders  it  by  xx*'n<,  that  which  • 

caufes  piin  in  the  fradure  of  a  bone.  1  rom  this  C*i*ntitas  comej  clAdes,vih\c,h  originally 

it  Surcxlorum  contritio,  and  fo  Calamitas ealamorumis  taken  for  Strages  firgtarum 

arborum  ;  here  it  imports  fuch  sffli&ion  and  forrow  ot  ftreight  as  men  in  love  have,  and 

as  thofe  that  we  fay  art  at  their  Witts  end,  that  know  not  whit  h  way  to  beftirr  thtmfelves. 

Laceffita  Injur  its  j  Made  mad  by  oppreffon,  *  as  the  phrafe  is ;   thus  Lacefftre  stlitjntm 

'  adpugnam&  bellum  is  To  provoke  to  battel,  and  Servients  laciffere  To  provoke  t a  11^\ 

and  when  Silins  fayes  the  Bull  does  rupes  lacijferc,  he  relates  to  the  Bulls  madnefs, 

which  will  butt  his  rage  Egainlt  the  hard  Rock  -,  and  Turmbus  when 

pi  luxtrUfe  inttmfe-     nc  reproaches  intemperate  men,  fayes,  they  do  Mortem  lacej} ere  •, 

'"[?.?"?  Iffil™'''  -and  I  remember  1  fVAlfingham  writing  of  Pierce  Cavern  fayes,  he 

did  Lascfterc  infclentiis  Regni  Ncbiles,  &c.   He  provoked  by  his  info- 

1  D.mc  privwiiph:  d.c*it  fa*  mi-     /,„f,-fi  ty  Noyies  0f  England,  titi,  thej  took  his  head  iff  and  therein 

taught  hint  mere  wit  then  to  prevekj  honour  And  valour .     By  then  this 
claufe,  LAceffitaplebs  inmiferia  non  minima  vivit~\  the  Chancellour 
docs  not  onelymean  they  are  kept  (hort,  as  thofe  paflures  are  that 
are  overlaid,  bat  fo  affliSed  as  thofe  are  that  have  craving  bellies, 
and  no  food  or  money  to  buy  it.     This  Ccminaus  in  other  words 
fets  out  to  the  life,   Francehe  tells  us  was  beforeand  in  Charles  the  Sevenths  time 
twenty  years  affli&ed  with  grievous  exactions,  which  Lewis  his  fon  encreafed  upon 
them  (as  if  he  had  fullfilled  that  commination  that  God  threatnedin  thatfeourgeof 
his,   That  fl>ould  cat  the  fruit  tf  the  cattel  And  the  fruit  ef  the  land  until  the  people  be  de. 
fireyed,  who  alfo  JhaH  not  leave  Corn,   Wine,  4>r  Oil,  or  the  encrcAfe  of  the  Kine ,  cr  flick/ 
of  the  Sheep,  untiU  they  have  drfiroyed  them  •, )  for  fo  immane  was  he,  that  my  *  Au- 
thour  fayes,  It  was  a  mi ferable  thing  to  on fider  the  extremities  his  cruelty  forced  people 
to  :    which  makes  me  often  to  minde  my  felf  and  all  my  Countrymen  to  be  thankfull 
to  God  for  his  mercy  in  our  good  Prjnces  and  good  Lawes,  which  do  not  onely  give 
us  freedom  and  fecurity  with  full  confent,  but  deny  the  contrary  upon  pious  ?.nd  poli- 
tick grounds.     For  as  England  has  ever  had  more  Parkesand  Chafes  in  it  then  any 
part  of  the  world  no  larger  then  it,  ever  bad  or  has  ■,   fo  lias  it  h?d  more  in  number 
and  virtue  Pious  and  Mtrcifull  Princes  then  any  Nation  of  the  Chriflian  World  ever 
has  bad  -,    which  is  the  realon  the  Lawes  and  they,  have  fo  well  agreed  to  blefs  their 
people  with  riches,  freedom,  and  co-operation  in  Government  under  them,  that  I 
may  (under  favour  of  the  great  and  noble  State-Oracle,  the  now  Lord  Chancellour 
of  England)  ufe  his  words  very  feafonably  here,  when  fpeaking  of  our  molt  dear  and 
beloved  Sovereign  he  fayes,    He  hath  nit  yet  given  us,  or  have  we  felt  Anj  other  in- 
Chancellors   ftancc  ef  his  Qreatnefs  and  Power  And  Superiority  and  Dominion  over  us,  nifiautleva- 
Sfeechatthe  cione  pericuhaut  accefiione  dignitatis,   by  ghing  us  peare,  honour,  and  fecurity,  Vphick 
optungojthe  ^e  C0UU  „st  l}'ave  without  him,  by  de  firing  nothing  for  himfelf butwhAt  is  as  good  for 
us  as  for  himfelf ,  thus  that  Reverend  and  Honourable  Sage-,  which  makes  me  re- 
aflume  my  former  Magnification  of  the  Government  of  England,  in  which  there  is  no 
flave,  no  Sub  jedfo  vile  and  vulgar  who  can  fay  he  is  Ueffitm,  or  does  live  inmi- 
fery  through  the  oppreffionot  his  Prince  and  the  Lawes ;    but  according  to  the  thrift 
heexpreffes,  andthebleflingofGodor.it,  hvesin  the  enjoyment  of  what  they  ac- 
quire to  him.   Which  not  being  the  happinefs  of  the  people  of  France,  thty  are  fsid  in 
our  Text  to  live  In  non  minima  miferia  ;    becaufe,  though  they  are  in  continual!  facti- 
ons, according  to  that  which  Cafar  wrote  long  finceoi  them,  and  Sudtus  does  not 
deny,  In  GaUIa,  nonfolum  in  omnibus  Civitatibus,  Atque  in  omnibus  pagis,  partibusquc  ; 
fedptne  etiamin  ftngulis  domibus  fatciones  funt,  which  is  enough  to /keep  them  mifer?.- 
blc  ■,  yet  have  endugh  whereon  to  fupport  their  lives  and  relations  comfortably  .  yet  is 
that  they  have.fo  charged,  that  the  exhauOion  from  it  leaves  nothing  theirs,  but  renders 
them  fo  poor,  That  they  doe  hardly  kfep  life  And  foul  tegether,  for  the  Text  Liyes  Aejuam 
tjuotidic  bibit~\  As  in  the  foregoing  indances,  the  fortunes  and  ePates  of  the  Peafants 
were  charged,  fo  as  tber.ce  to  render  them  poor  in  cftare  ;  fo  here  is  a  particularizatiori 
of  that  which  is  in  a  fort  afflictive  of  their  bodies,  while,  though  they  have  wine 
and  appetites  to  drink  it,  their  ex pences  befo  enlarged  by  their  taxes,  that  they  are 
fain  to  fparc  every  luxuriancy  to  anfwer  them:    and  for  that  csufe,   while  they  fell 

their 


"Dnu.iX.ii. 

*  Cominiuj 
X>4  Geftii 
I.udov.  lib.  10. 
f  4°J. 

Note  this. 


Cambden  in  hit 

Hi  mams. 


The  Lord 


Parliament 
in    May. 
1661. 


Budauti'i  T«i 
dcU.  p.  193. 
Comment,  lib.6 
it  belli  G*ltm. 


A  Commentary  upon  Fortescue,  4.4.1 

their  wine  they  drinks  water,   and  that  not  onely  fometimes  for  pleafure  or  medicine, 

baz  qmtidie,  as  often  as  they  cat  their  bread,  day  by  day.      Now  this.  water-drinking 

the  Text  makes  a  part  of  their  mifery,  not  as  water  is  the  Mother  of 

liquors,  and  in  fome  Countries,  Seafons,   and  Cafes  excellently        'n<n  ™  «xJ  luw    %#  ^ 

wholefome,  being  the  natural  drink  of  man  and  beaft,  and  fo  a     KaSa^y  £  yww      Diofco- 

bleffing and  no  injury  ;  butas  it  is  that,  which  in  common  account     rides  lib.  5.  cap.  10.   lib.  6. 

being  cheap  and  chill,  is  impfoduftive  of  fuch  generous  Spirits  as    cap.  $3. 

loftier  liquors  generate  ■,  and  as  it  is  that  which  has  fuch  a  mortifying        Lege  Comment  ar.  in  lib.  5. 

operation  upon  nature,  that  it  leaves  the  drinker  dejefted  and  fad,     e.io.p.  623, 

and  denies  Nature  all  the  merry  notes  of  her  Mufickand  pranknefs. 

For  thus  water  underftood  amongfl:  all  Nations  partes  for  a  drink  of  meannefs  and 

want :    hence  that  paffige  in  the  Prophet,  wherein  God  alluding  to  the  cuftome  of 

Power  to  afflift  pervcrfe  and  facinorous  Delinquents  with  a  dungeon,  and  onely  bread 

and  water  therein,   fayes,  Though  the  Lord  give  yon  the  bread  «f  adverfity  and  water  7y-4  ,0  10 

c/  affliction,  jet  it  JhaUbe  well,  intimating,  that  onely  bread  and  water  are  the  fup. 

port  of  narure  under  adver/ity  and  ajfli&ien  :    fo  God's  menacing  fernfalem't  redu- 

ftion  to  fhort  commons  for  abufe  of  her  plenty,  fayes,  J  will  break]  the  Baff  sf  bread 

in  JerufaUm,  andthij  Jhall  tat  bread  bj  weight,  andwith  care  ;  and  they  JhaH  drinck^  £*,*/,.  4.16, 

water  bj  meafure  and  Vvith  aftonijhment.    So  that  to  drink  water  dayly,  and  that  to 

fave  charges,  and  to  be  able  by  fuch  denyal  of  themfelves  to  gratifie  the  great  levyes 

upon  them,   which  they  fhould  be  unable  to  difarrear  if  they  did  notfo,  is  that  which 

confirms  their  mifery  according  to  the  allegation  of  the  Text,    Nee  alium  plebeii  gu- 

ftant  liqxorem  nift  in  folennibns  fettis  ]   Though  water  be  moft  wholefome  and  the 

drir.k  of  epidcmicalncfs,  and  though  it  does  many  good  offices  to  nature,  feeding  it 

to  no  excefs,  engaging  the  intrals  to  no  inflamation,  though  it  impede  corrofion 

and  putrefaction,   moft  of  which  injuries  to  nature  are  promoted  by  fophifticated  ^'"dffinZZ 

wines,  and  other  ill-componnded  liquors,  as  well  as  by  fait,  crude,  and  indigefted  **  t*v«>id»m,  a 


dyet ;   yet  when  water  is  become  ( in  Niis  fenfe  )  of  a  fcrvant  a  Mafter,  when  it,  from  f"v  "£%&"; 

crudos  carnis  cog 

with  men,  and  that  to  be  the  onely  drink  they  muft  takedown,  then  'tis  hard/  Wa-  "*»«»**»*** 


being  ferviceable  to  cleanlynefs  and  to  cookery  of  meat,  advances  to  concorporatc  cmdn 


col- 


ter is  thought  cold  comfort,   welcome  it  is  to  Armies  on  their  march,  and  toShep-  ^J,,&"m''in 
herds  for  their  flocks,  and  to  Travellers  on  their  plod,  and  to  Garrifons  in  a  fiege,  fmI*>  ffirinuin. 
and  toPrifoners  in  their  Dungeons  ■,  but  to  men  that  labour  hard  and  have  Wines  ^^Berna'cd! 
growing,  yet  muft  fell  their  wines  to  pay  impofitions  and  finde  Souldi'ers  dainties,   s>rm,  «.  «» 
while  they  themfelves  are  forced  to  drink  water,  this  is  irkfome.   Yet  the  condition  of  £d'"-  c*""e- 
Trance  is  fuch,  that  the  poor  Peafant  is  kept  fofhort,   that  eat  and  dt  ink  courfely  he 
muft  ■,  which  though  fome  do  in  England,  'tis  becaufe  of  other  accidents,  not  their  im- 
pofitions.   But  in  France  the  Pltbs  drink  water  except  onely  D'ubus  Fejiis~\   Thefe 
Diet  ftjlior  Holy  dayes  1  have  written  of  in  the  Notes  on  the  24  Chapter,  that  which 
I  add  here,  is  to  notifie  the  praftice  of  Antiquity  to  indulge  to  thefe  great  dayes,  and 
the  folemnkies  of  them,    extraordinaries  of  all  forts,    not  onely 

cloaths  and  entertainments,  butevery  other  thing,  the  beft  where,.  Lib.  n*f  1  iocmv,  p.  1174. 
of  then  appeared ;  fo  Philo  tells  us  the  Jew<  did,  and  Tnrnebus  with  N,n  P,l*m  **m  v"",'>  d,'bi"  fif"  & 
frJam,  out  of  the  Roman  Authours  confirm.  For  though  1  know  ^t^lZTPZt^fl 
they  had  their  (a)  Dies  Afagni,  b:fides  thefe  Fefia  ;  yet  did  they  in  "u  *  «'v"»  /««  t°fi«  «"»»  firm  um~ 
thefe  Feftivals  abound argento,  vefte,  emni apparatn,  ornitmrue,  as  ****«?«  *****  *  •"*<"  *""■• 
(b)  Budaas  teltihes .-  which  entertainment  01  teliivals,  as  theChru  runwrbus  Advo.f.  m.  n.  *.+.  e-*1*- 
(HanChurch  has  ever  retained,  as  is  evident  in  the  Councils,  and     *■''*•»'  •'•7-'-"sl-  Edit 

as  PoljJor  Virgil  has  made  good  :  fo  alfo  the  cuftomeof  France  is,    Vafeaf.     """    *"  ' 
that  though  the  Plebs  drink  water  ordinarily,  yet  on  Holj'dayes       <%) /» 'VmitS.  r^.  p.  n». imp.  u 
they  feed  and  drink  better  ■,  their  comporations  are  then,  as  larger     /^tj^i.  tutmm,  c.i. 
and  freer,  fo  more  cheary  and  fpiritfull  :  then  they  tipple  wine  Cum 
Privdtgio. 

Froccit  five  Colhb.tis  de  can.ibo  ad  modum  janni  faccorum  teguntur. 

As  theirdrink  is  water,  fo  their  garments  mean,  Frockj  o{ Canvas  mz&c  of  Hemp. 
This  Jrw^ anciently  was  the  habiliment  oi  Monkj;    fo  Matthew  Paris  tells  us  in  the 

life 


4-4-1  d  Commentary  upon  Fortescue, 


ftrmem  ChiuIU  &  Fruii  .jutm  ctlt- 
rim  trtnfmmttvit  Tnmitivnm.  In  *i>4 
Wolaothi.  M  Faitc  fit. 

Intuit  •wiii  *nnt  mum  eenvenium  cum 
fiHt  [u*  de  tnnicii,  tmni  titer*  <■»»>>  dt 
C'uihIIii,  tr  tmni  ttrtit  tnnt  dt  Frtccit, 
logulph.  Hijt.  Ctoyt. 


life  ol~  tyohcth,  and  fo  Ingulphus ;    not  that  I  would  have  it  miflaken 

as  if  thefc  Fruits  were  that  Veil  we  call  the  Candida  Veftis  or  the 

Surpliffe,  but  that  Monaflique  Garment,  which  of  brown  and  courfe 

linncn,  or  woollen  hung  down  from  the  neck  to  the  knees,  and  which 

now  Porters  in  London  wear  and  Horfc- keepers  .•  yea  becaufe  they 

are  worne  alfo  by  Country  Jcbfons  at  this  day,  and  denote  fervility, 

we  have  a  phrafe  when  we  would  exprefs  our  anger  to  one  under 

our  power,    I'll  canvas  his  "j tcktt,  or  I'll  canvas  bis  Coat  for  him. 

This  then  of  Canvas  hangs  over  their  dofe  garments,  which  is  in  colour  and  nature 

much  like  our  Barge-cloaths,  either  brown  er  of  an  hair-colour,  good  for  weather  and 

coyle  j  and  this  1  my  felf  have  feen  the  Peafants  of  France  in,  God  knows,  with  wooden 

fhoes  and  pitifull  other  accoutrements. 

Ad  modumpanni  faccuhrum  teguntur  3  P annus  is  the  general  name  for  all  that  which 
is  J'JB  m-mAt  <otf|u*,    not  onely  honey,  oyl,  balfam,  which  keep  the  inward  parts 
from  wafte  and  injury  •,  but  that  hemp,  flax,  and  cotton,  which  rifing  from  the  ground, 
clotb,  though  courfe  yet  warm  for  out-fide  covering,  is  made  of.    The  Gretas  call 
Fannns  by  'Pawj,  to  T^t&miav  ly  t»  <a&n>Tmv,  on  %itxn  xa.TiiwK.ii.-rv,  faith  Suidas.    In- 
deed F 'annus  is  taken  for  cloathing  ol  meannefs,  and  things  of  meannefs ;  fo  Paraccl- 
fus  calls  a  blemifh  born  with  one,  P annus  -t  I'linj  (tiles  the  tumour  or  fwelling  in  the 
groyne  by  P annus,  and  Turncbus  tells  us  of  pannaria  mala  •,  and  Pannicularia  in  the 
1  D*£efi  fignifi«  rayment  and  things  of  fmall  value,  not  above  five  Crowns,  which  a 
man  carries  with  him  into  pnfon  or  the  place  of  his  death,  fo  VI- 
fian  ufes  pannicnlaria  •,  and  he  that  is  rude  and  beggarly  in  habit,  a 
ragfhame  or  rakejhame  is  termed  pannofus  :  fo  (a)  Juftine  tells  us  of  a 
Military  Feat  that  was  done  under  diiguife,  Permutato  Regis  habitu 
pannofus  farmenta  cello  germs,  cafira  heft  turn  ingreditur  -,    and  Saint 
(b)  Bernard  makes  it  A  fantlifcaticn  of  paver tj  that  our  Ltrd  hum- 
bled himfe  If  to  be  Pannis  involutns  -,    thus  for  Panni.  But  the  fpecirT- 
cation  is  Saccorum  1  Saccus  is  one  of  the  original  words,  that  hold 
their  own  almoft  in  all  languages,  in  the  Heb.-  p©  or  pi?©,  whence  the  Greek  o**.xl- 
£«r,  which  is,  to  {train  wine  fo  exaftly  as  we  would  count  it  worthy  pur  drinking,  and 
keep  it  choicely  as  men  do  Cordials  ■,   hence  the  beft  wine  is  called  by  fulius  PoUnx 
hf&  2***J«t<,  indTheophraftus  mentions  2*x*/^6^©-,  which  wine,  called  Sack.,  holds 
its  own  ( as  we  fay  )  for  eftecm  even  with  us.     From  this  cuftome  of  ftreining  wine 
through  thefe  Sackj  or  fackjng,  which  were  called  (cj  Sacei  Vinarii,  we  ufe  to  call 
(OPiin.  «*•»♦.  every  thing  of  linen  «rhair,  that  carries  any  value  in  it  A  Sack*  A  Sack,  of  Corn, 
:*..&$.  j  Sack,  of  money  (  for  money-baggs  are  little  Sacks.)   Hence  Religious  men  becaufe 

their  penitent  fouls  are  precious,  and  their  natural  fins  by  their  forrow  is  dreined  from 
them,  were  prefcribed  to  put  on  Sackchath:  from  whence  its  grown  the  Livery  of 
thofe  Superftitionifts,  who,  under  the  pretext  of  Sackclot h,  carry  on  fubtle  projects. 
So  then  when  Sackcloth  is  applyed  to  the  poor  French,  'tis  to  fhew  their  poverty,  which 
cannot  exceed  the  meanelt  cloathing  for  their  bravery. 

Panno  de  Una  praterijuam  de  viliffima,  &  hoc  folum  in  tunicis  fubter  Freccas 
Mat  non  utuntur.~\ 

Cloth  of  hair  they  wear,  but  cloth  of  wool  they  wear  not,  or  if  they  do,  but  that 
fort  of  it  which  is  next  door  to  hair,  that  is  Veggshair,  as  we  farcaftically  cail  courfe 
cloth.  For  fince  the  nature  of  the  French  is  confident  and  violent,  ntceflity  is  on  the 
King  to  humble  them,  if  he  Will  keep  his  high  Government ;  and  if  humble  them  he 
will,  it  mnfl:  be  in  all  things,  aswellincloaths,  as  meat,  drink,  and  money.  And  this 
the  Text  afferts  he  does  in  that  they  are  allowed  no  fine  cloth  to  wear,  for  that  is  for 
fine  fellows,  Matters  of  Peafants  •,  the  rough  and  courfe  remains  of  refufe  Wools  are 
for  their  Vefts,  and  yet  thofe  not  in  view  portending  any  value,  nor  in  Garments 
of  any  capacity  •,  but  in  their  fhort  Coats  like  Caffccks,  In  Tunicis  fsiis  fubter 
Froccat. 


In  verba 

'PajUf. 

Lib.  If. C.  If. 
Adreif.  lib.  H. 
t.  u.p.  ioSo. 


U»l  Divus  i>t  bonis  dtmntiomm. 

Ttnrufiu  qm  Jtrdida  vefle,  trtffli  f  tn- 
nt Wi««  tpertui  cs},  nee  htc  nifi  de  put- 
pert  dicilur. , 
(*)  Juftinus  lib.  t. 

(b)  Ptnnii  inim'.mm  ftsrtm  in  ctrpere 
fat  dedtcavit  pauptnatem.  Setm.  ♦.  De 
Tgjtiv.  Dim. 


StKct  Yinmn  Vt 
r*w.Turneb. 
Advcrf.  lib.  i  j.  ' 
e.  14. 


Tunic* 


A  Commentary  upon  Fortes  cue, 

7Wf<Omoft  Autbonrs  agree  in  to  be  the  Caffock  or  Pelentan  Coats,  a  Garment  T"nica  v'fi"  4 
clofe  and  warm,  which  though  the  Greeks,  and  we  after  them  (for  England  was  ever  £'ri»i*  buSus 
more  like  the  grave  then  light  Nations  in  habit  and  religion)  ufedlong  ;  yet  the  i»iw«ff.p.s+. 
French  Peafants  cut  off,  wearing  it  in  the  place  of  a  doublet,  it  being  loofe  and  warm,  Ed"' yiCcai' 
plyant  to  the  body  in  the  labour  and  activity  of  it.     Some  derive  Tunica,  k  corpore  in- 
duendo,  ethers  ab  indue endo  •    becaufe  it  is  a  garment  drawn  over  not  onely  the  body 
but  alfo  fome  0:her  coverings  of  the  body.     Critique  Authours  dif- 
courfe  much  of  this  Garment :  in  Turnebus  we  read  of  Tunica  Ni-       Adverf  *  f°-  '•  ">•  ''*•  '"•  *•  '»• 

,     .  _i_       .  j      ■  -^         -IT  ■.*  I  rr       ■  "'.II.   c.  u.  Illi.  i.  c.  1.  lib.   It.  .'.  I». 

letts,    Tumcx color ta,  Demt[ja  tunia,  Mtmleata  tunna,  Tuns*     /,(..  }0    c,  tl- 

Rujfa  :    and  it  fhould  feem  that  the  Laticlavian  Robe,  which  Sena- 

tours  had,  was  a  Tunka ,    which,  though  not  fo  long  as  womens     J^^Z  ™l£  ft 

trains,  yet  longer  then  the  Military  Coats,  and  was  as  the  bow    pauiam  ptferurHia  *d  »«<»;  />»/>/«« 

Gowns  Aldermen  ufe,  drawn  Over  their  other  cloaths .-    fo  that     «/?«'/-'-•<"«"«;  ««•  »fi* ">**<'*>* ■'#■ 

Tunica underftood  tor  thee xtenour and  vitible  Garment,  was  ap-     p. $+.  u>i.  vafcof. 

plied  to  the  externity  of  other  things.     The  fhell  of  a  nut,  Tunica 

nutlet  j  the  skin  or  coat  that  covers  the  eye,  which  Anatomifts  make       *.ofim»  Amiq.  R»m.  fl».  $.  «.  ir* 

Cornea,  uvea,  vitrea,  crjfia/Hna,  this  they  called  Oculorum  tunica: 

that  fatal  Coat  which  Malefaftors  hadofPi:ch  about  them,  when 

they  went  to  be  burned,  was  called  Tunica  molefka.    In  fhort,  what  the  Text  intends 

by  Tunica  is  fhortly  uttered  in  that  which  is  the  Country-mans  garbe  with  vn,Tbejbori 

Coat,  which,thoagh  our  Yeomen  and  Farmers  wear,as  Gentlemen  do  under  a  wide  and 

longer  veft ;  yet  the  Peafants  in  France  wear  under  their  Frocks  of  Canvas  or  Sacking. 

And  this  is  their  abatement  and  the  badge  of  their  fervitude  being  the  Vefts  of  Porters. 

NetjHC  caltgis  *»'/?  ad  genua  difce-operto  refidus  tibiarum.  ~} 

This  further  argues  their  fuppreffion  and  vility,  that  they  go  bare-fbot,  having 
neither  hofe  nor  fhoes,  but  thofe  of  wood,  ©r  old  ones,  the  refuie  of  our  Nation  tran- 
fported  thither.     Now,  as  to  be  well  fhod  as  well  as  well  clad  was  among  the  Romans 
and  is  amongft  all  Nations  a  fign  of  freedom  and  profperity,  fo  to  be  the  contrary  *qf  Rome's; 
a  a  fign  of  extreme  poverty.     And  therefore  the  French  Peafants  are  kept  fopoor  «.  jt./.iij. 
that  they  cannot  afford  to  buy  hofen  to  fhelter  their  fhin-bone  ( the  Tibia  here,  ^"f"'  "Z"^' 
which  not  onely  gives  ftrength  but  beauty  to  that  flefli,  which  environing  it,  adorns  c5ru»w.i.r*'i. 
and  fymmetnzeth  the  legg)   but  are  fain  to  goe  bare  from  the  gartring,  to  which  their 
breeches  reach  5  and  are  fo  farr  from  great  breeches  ( which  are  femi-peticoats,  and 
the  invents  of  effeminate  wantons,  who  by  affedation  of  them  proclaim  their  lubricity, 
and  what  it  is  they  are  enamoured  with)  that  they  are  glad  they  can purchafe  any 
thing  that  will  tolerably  cover  their  body,  and  defend  the  knee, 

where  the  motive  vigour  is,  from  cold  and  injury  j  which  breeches  ~tm*f&m  ™«  mmw«r  Tibi- 
fo  girt  under  the  knee,  may  well  be  called  Tibialia  :  as  thofe  other  ""^L  l*^  CKm  fingni  „iM  tmiti,; 
things  were,  which  the  Romans  wore  on  that  part  armed  with  it,  of  & /Mhc»i*  far**  Uh«  &  fmurdfos 
which  Suetonius  writes,  and  of  which  to  write  more  would  be  ufelcfe.     &  ■*-lta  ****-**  A»i-  «•  »»• 

Mulieres  etiam  nudipedes  funt,  txciftis  diebns  fffiis~2    This  is  a  further  degree  of 
tbe  poor  Peafants  mifery,  that  not  onely  he  himfclf  muft  endure  hardfhip,  but  even 
his  wife  and  Daughter  ;    women  in  fex  muft  do  it  alfo,  and  in  that,  in  this  particular 
of  going  barefoot,  the  badge  of  very  beggary.     Now,  though  true  it  be,  that  God 
made  man,  ©n=  nature,  in  twofexes;   in  which  regard  Phtlo  ele- 
gantly calls  man,  The  male-woman,  and  woman,  The  female-man,         '  KA»  «J^  yjrcuu  Ittya-m  £ 
purs  them  into  conditions  of  compaffiency  :    (  and  the  ftate  of  Mar-    l}'$Uu  a.»$?u7n>  3*\«*.  «t  iks 
riage  is  under  the  indifpenfible  condition  of  For  better  forworfe,     £b%  ^f^m  wo/An*  ofuxU* ,  Philo 
fir  richer  for  poorer,  in  ficknefs  and  in  health.     And  ufual  it  is,   and     lib.  De  Cherubim,  p.   115. 
otherwayes  it  can  not  be,  but  that  poor  mens  wives  muft  be  Refe- 
rable with  their  poor  Husbands  (I  mean,  in  that  fcantnefs  of  outward  accommodation 
which  men  call  a  worldly  mifery : )  yet,  for  women  fo  to  be  objected  to  hardfhip  is  •%*'""  ^ 
very  irkfome  to  any  man  to  behold,  and  unpleafing  for  me  to  write  of.     Tears  here 
arc  the  propereft  encounters  of  thefe  Narratives,  and  'tis  pity  a  pen  fhould  any  fur- 
ther eternize  fuch  Barbarifm,  then  to  be  the  remembrancer  of  that  abhorrence,  which 
men  in  all  fuccefiions  ought  to  have  of  it,  for  womens  fakes  who  fuffer  by  it.     But  fo  it 

is' 


444.         A  Commentary  upon  Fortescu*. 

is  in  France,  the  poor  women  arc  fain,  to  fave  hofe  and  fhoes,  to  go  bare- foot  and 

bare-Iegg'd,  as  beggars  do,  fulfilling  that  of  PhiU,  though  inan- 

Tvt eu*£r  if>*r  i*  *3»<n  *«»*•     Olher  fenfe  then  he  meant  it,  That  thej  are  jubjtU  to  vulgar  cm- 

St,  lib.    De  Temulentia,  p. '  fioms ;  onely  herein  they  exceed  perfed  beggars,  that  tlicy  have 

hofe  and  fhoes  for  Holy-dayes,  to  Maffe  and  to  Recreation, 
where  they  fee  and  are  feen,  they  will  go  trimm  -,  otherwife,  nafty 
and  pitifull  perfons  they  about  their  houfhold  affairs  are.  And  this 
our  Chancellourufes  as  an  Argument  of  the  French  Country-  wo- 
men* hard  lives  -t  though  truely  the  Wives  Of  their  Noblefs  and 
Villagers  or  Citizens,  are  plentifully  accommodated  with  all  neceffa- 
ries;  yea,  fo  glorious  and  gay  are  they,  and  fo  have  they  by  their 
fafhions  new-fangled  our  Nation,  that  though  I  do  not  wifh  a  revi- 
val of  fomewhat  like  that  Senatus  Muliebris  in  Heliogabalus  his 
time,  which  fcoffing  and  deriding  their  vanities,  brought  an  Odium 
on,  and  diminution  of  women,  the  wearers  of  them.  This,  I  fay,  [ 
wifh  not,  leaft  it  too  much  leffen  them  ( whom  we  men  ought  to 
have  high  value  of,  and  great  loves  for  -,  becaufe  they  are  not  onely 
unfpeakable  bleffings  of  life,  when  they  are  worthy  their  names 
women,  butalfo  the  means  of  the  continuance  of  the  Race  of  man- 
kind and  fo  our  temporal  eternizers  .- )  but  that  which  I  do  wifh  is 
without  prejudice  I  am  fure,  and  without  all  difpleafurel  hope  to 
the  truely  worthy  of  that  Sex  i  that  as  (a)  Budaus  wifhed  for  P a~ 
ris;  io  \  Jot  London  indi  the  Suburbs,  mightfeefuchaconftitution, 
Vt  de  noftratibus  Mttronis  ftatuerct,  qutcuiquc  ccderc,  qua  cm  que  Dux  ant  Cemes  ejfe 
deberet,  quid  geftare,  quid  indui,  quid  amiciri,  quidve  cingi  unamquamque  deceret  ; 
but  enough  of  this.  Onely,  fince  the  poor  mens  wives  of  France  are  bare-footed  all 
dayes  but  Holy-dayes,  and  then  put  on  hofe  and  fhoes  in  reverence  to  thofe  dayes, 
I  cannot  but  wonder  whence  that  injunction  of  Simon  Iflip  Arch- 
Bifhop  of  Canterbury  in  Ed.  $.  time  fhould  proceed,  when  Holy- 
dayes  being  in  the  greateft  efteem  and  credit,  becaufe  Canonically 
according  to  ftridnefs  obferved,  were  to  be  dayes  of  recreation  and 
devotion  (which  is  the  re?fon  that  the  Hiftorian  makes  Saint  Lewis 
the  French  King's  penance  on  Holy-dayes  to  be  meritorious )  and 
no  Arts- man  to  work  upon  them  j  yet  then  the  Arch  bifhop  by  his 
Letter  Patents  to  all  his  Clergy,  inhibited  upon  pain  of  ^commu- 
nication, from  abftaining  on  fome  Saints  dayes  from  their  Callings 
of  labour,  and  permitted  them  to  work  thereon  as  upon  common 
dayes.  But  I  return  to  our  Text. 


247- 

Cum  *utem  tffit  iiu  futSui  Tnti- 
ttfiti.fuppliruvtrunt  Ctunonenfei.ol  p  n- 
fin  iiim  finCtmm  liiffcrretui  Fugna  uf- 
que  in  craftiRUU)  (alien).  Rigordus 
De  Medio'.ancnfibus  m  Gtflit  Fhilipp. 
T^jju  Fianc.  p.  in. 

Vttit  &  in  "lit  ^Jrin*li  Stutculum. 
id  tft,  Mulitrum  Stnutum,  m  <J*«  —*» 
fittrtt  Ctmtntus  M*tnnatu  filtnnibut 
dunuxut  dirt  us.  fait*  &  Stn*tmtenf*lt* 
ndi.nl*  dt  Itgibm  M*tnn*iilati  .  *M* 
qut  viftitu  imtdtrtmt  ,  qu*  cm  ttdtrtl, 
qu*  *4  cujui  ofculum  vtnirtt,  qu*  p'- 
Itntt,  tft*  taut  f*gm*m.  qu*  *fino  vt- 
htrtlur,  *MS  curptntt  mnl*ri.  qu*  b»- 
um,  qu*  fill*  vtlitrttuT.  «fc.  Lampri- 
dius  ■  Heliogab.  p.  iy».  T«».  t.  Hifi. 
Auguft.  Script.  Lit. 

Vopiic.  in  Aurcl. 

fa)  /«P«rf«S.p.«.  tdit.  Vafcof. 


Gulielm.  it  Nangis,  DtCtftis  Indo- 
vici  Hj£'».  p.  4»»-  Scutt.  Gull. 

l.ittns  fuii  puttntibus  fub  pan*  txcim- 
mumii  Ifiiwir  pr*cipmu  umvtrfii  fctltfi*- 
rum  Uttrtrikui  &  Vicuriu  [»*  Prtvin- 
a»,  &  illtrum  futiittts.  ttt  iectttnmn 
*bttint*M  in  fijtis  qaorundam  Sunttorum, 
*h  tptriiui  maimithlmi  fr  ftrvilibm.  <}«* 
prim  in  ttlitm  ftflii  peri  tun  iictbtt.  W»l- 
lingham/'.  17a. 


Horat.  1.  Ep.  i». 
Jm  ptrctntm.pul- 
ItrttTn*  pifctHm,  &• 
jut  fulmemorum, 
Largifwtuti    tpn- 
Lis.  Aputciui. 
Fulntxlumpri- 
dtm  ti  ertpuit. 
Accius  plautus 
in  Aulul.  ».  17. 


Ctrncs  non  comedunt  ibidem  Mares  &  Fcemimt,  prater  lardum  Baconis,  quo  impin- 
guant  fulmeniitria  fua  in  minima  qaantitate. 

This  Lent  all  the  year  with  the  poor  Drudges  of  France,  our  Text  produces  as  a 
further  argument  of  the  tenuity  of  their  condition,  and  their  Taxes  exhauftion  from 
them.  For  that  they  eat  no  flefh,  is  not  ( 1  conceive  )  from  any  religious  obfervation, 
or  any  State- injunftion,  but  purely  for  cheapnefs  fake^  and  by  their  hard  dyet  to 
enable  them  to  keep  fomewhat  about  them  to  entertain  their  Maflers  with,  when  they 
come  abroad:  and  without  which  to  treat  and  appeafe  them,  they  would  be  cruelly 
tyrannous.  For  flefh  they  breed  up  and  have,  and  fiomachs  they  have  to  eat  it,  and 
a  fnapMoVr  and  then  they  get  of  it ;  but  they  dyet  on  roots,  grains,  and  fruits,  which 
they  make  into  pottages .-  this  the  Text  calls  Pulmentaria  3  the  fame  in  effed  with  Pul- 
mtnta,  that  we  call,  water.grcwel,  pulfe,  or  thin  pottage,  the  dyet  of  poor  people: 
to  which  Horace  alludes,  Canes  ut  parittr  pulmenta  labtrtbus  empta  -,  and  that  which 
Apuleius^  Flautus,  and  others  mention  as  thin  dyet :  this  the  Text  fayes  they  do 
make  hearty  and  ftrong  with  a  fmall  piece  of  lard  of  bacon,  or,  as  I  rather  believe,  by 
the  lard  of  bacon  in  the  broth,  they  fo  quat  their  fiomachs  that  they  make  it  go  fur- 
ther by  it ;  to  this  ufe  of  it  Plautus  alludes  when  he  fayes,  Ipft  ego  pulmenta  utor  un- 
tHufcHh ;    and  for  this  ufe  lard  of  bacon  is  fitly  called  Lard  from  arduo,  quia,  ardor 

firmttm 


A  Commentary  upon  Fortes  cue.  447 

frmKtn  &  arduum  fatit  •  and  thus  bacon  by  being  falted  and  hung  in  the  fmosk,  and 

over  the  fire,    has  much  of  the  fucculency  and  moitture  exhaufled  ;  which  being  the  s*ecU>*  mta 

matter  of  tendernefs  and  putrefaction,  renders  it  ( in  the  abfence  of  them )  more  com-  cMtmumm.  ^> 

pad:,  firm,  and  durable.     Now  this  Bacon  or  Lard,  becoming  a  difh  that  will  dure,  l^'JZ^fu. 

is  ready  ever  upon^the  fudden,  which  is  the  reafon  that  fome  of  the*  Ancients  have  t»*pnnpmm$b' 

called  it,  Snccidiam,  becaufe  they  do  dayly  cut  fuch  portions  off  as  they  ufe  •  and  Tully  "^'J"""'^^' 

fayes  Cato  was  wont  to  call  his  garden  hence  Snccidiam,  ejuiainde  fjttotidie  aliqttod  re-  bt.ii.fii. 

fecari  peffit,  '  This  then  fo  cheap  to  the  Peafants,  who  bring  up  the  fwine  of  which  it 

is  made,  and  fo  ready  at  hand,  and  fatiating  the  grofs  labourer's  ftomach,    i$  the 

flefh,  that  onely  thofe  poor  fouls  are  able  to  provide,  which  though  they  can  do  but 

in  minim*  quantitate,  yet  better  a  little  then  none  at  all. 

Carnes  afatas  coUasve  alias  iffi  non  gttftant,  pratcrejteam  inter  Mm  de  inteflihis  cJ?" 
ctpitibus  animilinm  pro  ntbilibtis  &  mtrcatoribas  occiforitm. 

This  fhews,  th  it  the  beft  of  what  they  breed  and  kill,  they  fell  to  make  Rent  and 
pay  Taxes  and  Qjiartrings;    and  that  which  they  keep  is  the  courfe  parts,  which  are 
not  moneys- worth  :  and  therefore  they  themfelvcs  fometimes  feaft  with  it,  but  Car- 
nes  ajfatas  ccllasve,   Kofi  and  bo-j led  meats,  which  are  the  Staples  of  dyet  with  us,  they 
attain  not  to.     Carnes  affatat  3  This  word  afatas  Etymologifts  derive  from   ardet ; 
andin  the  bed  Roman  Authours<^f.«rf  and<ejf«*wis  as  much  as  tncrum  fi/um  :    by  way  vt>  an^Utmit 
of  Metafhor  it  fignifies  the  effect  of  fire  on  any  thing  that  extracts  by  its  heat  themoi-  fJ'^Zlti  /."- 
fturcolit,   and  thence  obdurates  it,   leaving  nothing  almoft  but  ficcity  in  it,  Or  at  i'L  "u'^i'c 
leaft  nothing  fo  much  as  ficcity-,  this  our  language  calls  Through  ro$td.     From  this  ""*  f  *"*'■"* 
prevalencyof  fire,  which  by  extra&ionofthe  humid  parts,  leaves  ficcity  to  predomi-  ,*p«'».. ecmi*' 
nate  in  rotted  flefh,  Critiques  term  every  thing  of  folitary  import  by  a(fare,  and  the 
words  derivative  from  it,   Vox  *(fa,  A  voice  without  Muful^,  Tibie  ajf*,  Mnficle^ 
withiM  voice  •   Affa,  The  place  in  the  baths  where  they  do  cnelj  Jvreat  and  not  jvafb,  we 
call  it  a  Stov e  ;   A$a,  Nnrfes  that  are,  fo  intent  on  the  Babes  the]  fttckje,  that  thry  for-   ^/f,firice,  ■»««• 
get  themfdves  and  their  relations,  to  tend  them',    fo  Affam  pro  mere  folo  fine  aejaa  &  t**t»r.  pUtfa- 
bstmiditatc.    And  when  the  Poets  were  faid  to  devote  a  Poem  to  any  particular  perfon,  ^\oz*'  E? 
tbey  were  faid  ajfare  ■  and  their  Poems  were  called  AJfamenta.    This  is  the  Notion  of 
the  word,  and  the  Ordeal  by  fire  in  which  the  flefh  ot  beafts  is  purged  and  made  inno- 
cent to  the  ftomach  of  man  •    as  alfo  it  is  by  the  Ordeal  of  water  ( Co&asve )  which  is 
the  effect  offire  working  by  water  on  flefh  ;  not  by  parching  up,  but  by  foaking  out 
the  moifiure  and  humid  parts  of  flefh,  which  it  allures  to  its  felf,  and  by  which  theli- 
quour  of  its  purgation  is  heigthned  and  fpirituated.  This,  though  ithatlyiot  the  prehe- 
minence  of  the  former,  but  follows  it  lin  the  account  of  dookery,  we  faying,  rofi  and 
bojled,  yet  is  very  wholefome  dyet-,  and  for  weak  and  declining  bodics<  thought  moll 
nutritive.     It  is  with  us  here  the  dyet  moftly  of  the  meaner  fort,  beqiufe  it  requires 
leaft  charge  tnd  attendance  to  its  cooking-,  but  in  France  ihey  ufe  it  much,  becaufe 
they  delight  in  pottage,  which  is  Ger'd  from  it.     Yet  the  Text  fayes,  the  Country 
people  have  neither  one  or  other ;   all  they  ot  flefh  attain  t*  is  the  oflalls,  the  nobler 
parts  are  for  the  freemen,  and  thofe  that  are  moneyed  and  can  fare  and  live  high, 
which  oar  Text  fayes  are  the  Nebiles  &  M<ratores.     The  former  for  their  bloud  and 
Commands  fake,  the  greatnefs  and  dread  of  which  will  fetch  from  the  poor  Commons 
whatever  it  defires;    The  later,  the  Merchant  or  Citizen  for  his  money  fake,  which 
does  not  or.ely  purchafe  him  efteem  in  all  places,  as  Caflantus  fets 

forth  notably,  but  alfo  procure  him  all  conveniences  to  life  and       Catalog  gi.  Mundr.  f.w. 
wflre.     For  though  in  France,  Prerogatives  and  Scats  of  Honour       MmM,n,  <pU*  ptpm*m  np<b*h& 
and  Military  Tenure  be  not  purchafeable  by  Merchants  and  men  of    ttttfirAHi.fMrikimgtMUvdm;  vtmn 
.  Trade,  yet  are  fuch  owned  for  very  rich  in  money  and  money's    ?&£?%&%£££%  %2 
worth.     And  I  think  the  (a)  JuLan  Law,    that  prohibited  a  Sena-     >u>  m*c*iat.    Albums  m  ty.  ^j. 
tor's  Son  or  Daughter  to  marry  any  one  •  whole  Father  or  Mo-     Gallic •'■ ll5, 
(her  did  Art  em  ludi.  ram  exercere,    will  not  in  the  expofuionV       f4 1  oigdt  ft».  xi.  «>>.  t.*t.44, 
ven  of  Fr.ir.  e,  which  ftand.moft  upon  Pundilio's,   extend  to  men  ,     ,.,         ;:        T  ,.  L 

„r  T.    I  I         m  U  r  -T-      J         e   w       L      ir  Jaulusb*.  r.    ^id  Ujem  Juliam  a- 

Oi  Trade,    the  Mercatores  here;    ieeing  Trade  of  Merchandife,     rapiam,  ?.ms 
baying  and  felling  Itaple  and  ufefull  commodities,  is  not  Ars  vilis 

Y  y  y  hut 


\Ami,  {.It 

Ztph.t.  17 


4.4. 6  d  Commentary  upon  Fortescue. 

but  nobilis,  (  as  noble  as  the  Advocate,  who  fells  his  breath  to  the  Clyents  fee,  or  the 
Souldier  his  life  to  bis  Generals  pay,  or  any  other  profeflion  which  men  practice  for 
11 1  reward )  and  fo  the  Holy  Story  accounts  it,  when  it  terms  the  Merchants  of  Tjre,  Tht 

honourable  of  tht  earth. 

Std  Geutet  ad  Arm  a  comtdurt  Aliment*  fna,  it*  ut  vix  ova  terum  ipfis  rtlinquantur 
fro  fummis  vtfeenda  deliciit> 

Before  it  was  Homines  ad  Arm*,  by  which  the  Cavalry  were  underftood-,  now'ti* 
Gentes  ad  Arm*,  AH  tht  Souldiery.  Provifion  the  Peafants  breed  up.and  perhaps  fome- 
times  and  in  fome  mcafure  fell  to  raife  their  Rent*,  and  other  charges,  but  the  molt  of 
what  they  get  about  them,  by  hard  toyl  and  parfimony,  is  but  to  fatiate  the  Souldier, 
not  to  recreate  themfelves ;   which  makes  me  think  thefe  poor  wretches  with  others 
in  the  A ftan  Governments  to  be  very  miferable  •,  and  thofe,  that  fo  belabour  them 
with  affliction  and  preflure,  to  juftly  fear  the  return  of  that  commination  in  Ames 
Forafmuch  therefore  at  pur  treading  is  up <on  the  poor,  and  ye  take  from  him  burdens  of 
reheat,  je  have  built  houfet  of  hewn  Hone,  but  ye  JbaU  not  dwell  in  them  ;  je  have  planted 
Vnf.it.''         pleafant  Vineyards,    but  je  fhall  not  drink.  Vfine  cf  them;  for  I  kniVp  your  manifold 
t  Dnt.u.ii.    tranfgrtjfions  and  your  mighty  fins,  &c.    or  that  in   ,  Deuteronomy,     lor  truely  if  Po- 
verty, which  is  God's  affliction,  be  Great  mens  marks  to  level  their  power  at,   anda- 
gainft  it  pitilefsly  to  difcharge  it  ielf  ■,  if  they  that  could  eat  flelh  which  they  breed  up,  if 
they  had  it,  arenot  permitted  an  egg  the  flighted  dyet,   Princes  that  have  Subjects 
thus  harraffed  and  (hortned,  have  great  caufe  to  hare  long  ears  and  quick  eyes  ■,   yea 
foft  hearts,  to  hear  their  Subjects  groans,  pity  their  griefs,  and  remove  their  affliders ; 
and  that  not  fo  much  upon  politick  and  plaufible  grounds,  as  upon  Principles  of  con- 
ference to  avoid  the  terrours  of  death. beds,   and  the  wrath  of  their  eternal  and  fuper- 
cminent  Sovereign,  under  whofe  power  they  themfelves  are  as  well  as  the  meaneft 
of  their  people ;  10  Lewes  the  Pious  told  the  world  when  he  was  in 
$ud  mim  enfervndh  %ifa«  fir-     affliction,  That  nothing  freferved  Kings  fo  fafe  as  piety  to  God,  clc- 
"uirfvZm  ViZlT^iZ^iZ     ^tncy,  meeltnefs,   and  V  ft  ice  to  men      And  Philip  the  Fair,  when  he 
tff,  f,t,fi.  caguinus  M.  4.  /•'.  ».  £■    was  to  dye,  calling  for  h.s  Son  Lewis  that  was  to  fucceed  him,  faid  to 
*•  v"er'  him  thus,  Lewis,  hitherto  of  my  life  I  have  reigned  as  a  Monarch, 

Ludoyice,  mfut,  T<tgii*vi  half  mm.     vexing  my  people  with  unreafonable ,  and  to  thtm  ruining  taxes  and 
fimrimi,  rnKfUbiu  &  tr.imth  mam ,p-     tnbutes.  debating  ml  ccyn,  by  making  that  go  for  a  value  which  »'»- 

tulntn  vtxans.    site  rnshs   fans   curt  fust.  si-  I  i      it  •  r  I  •/    1      I      t  i     r 

mottttam  cuitre,  »ua  Ugstsm,  fmdtris  if.     Ate  A  it  was  not  worth ,   by  this  means  I have  ratfed  the  hatred  of  mj 
/a  -,  tam  ,i  nm  mss'tmm  ,dt  a  in  mt     Subjects  Againfl  me :    O  Lewis,  be  hold  th»u  art  to  reign  after  me,  have 

ismgifiafunt.  ipft  tmmdis.  ldtm  M.  7,     amend  what  has  been  faulty  in  my  Government,  thus  He.      And  thus 
t'T*'  have  our  piows  Englifts  Monarchs  breathed  out  their  Imperial  fouls 

5    in  benedictions  to  the  people,  and  valedictions  to  the  wojld,  (hewing 

that'they  dyed  iritbe  love  of  God  as  wejasof  men  :    Hear  the  Soul  that  was  All,  (as  it 

sum  tafii.  e.17.  wcrc  Heaven  on  Earth)  The  true  Glory  of  Princes  con  ft  ft  s  in  advancing  God's  Glory, 

o°waVs.  now     *"  the  maintenance  of  true  Religicnandthe  Churches  good;    alfo  in  the  d'fpenfation  tf 

out  etacious      Civil  Power  with  fufiiee,    and  Honour  to  the  public  k,  peace :    And  in  another  place, 

reign.**"1  S°Te    SiMe  tf}e  ?t*blic\  Inter  eft  con  ft  ft  s  in  the  mutual  and  common  Good  both  of  Prince  and 

People-,    nothing  can  be  mere  happy  for  all,  then  in  fafe,  grave,  and  honour  ablt  wayes  to 

contribute  their  counfels,  in  common  enabling  all  things  by  public  k\  confent,  without  Tyranny 

or  Tumults,   &c.    And  how  well  this  counfel  in  the  name  of  God  and  by  Paternal 

Authority  given,  isobedientially  followed  by  our  molt  excellent  Lord  and  Maficr, 

Hear  himfelf  to  his  Parliament  exprefling  ,    In  God's  name  pro- 

A  word  in  feafon  is  like     vide  fuU  Remedies  for   any  future  mifchiifi  -,    Be  at  fevere  as  you 

Apples  of  gold  in  pictures  of    wiM  againft  new  Offenders  ,     efpeciallj  if  they  be  fo  upen  old  Prin- 

filver.  ciples,  and  pull  up  thefe  Principles  by  the  roots:    but  I  ft:  all  never 

v    The  Happy  Act  of  In-     think,  him  a  Vcife  man,  who  would  endeavour  to  undermine  or  ftjak.t 

dempnity  and  Oblivion.  that  *  Foundation  of  our  pMick.  peace,  by  infringing  that  AH  in 

A  divine  fentence  is  in  the     the   leaft    degree  ;    or  that  he    cen  be  my  friend,  or  wifh  me  well, 

lips  of  the  K.  his  mouth  tranf-     \oho  Veould  perfwade  me  ever  to  confent  to  the  breach  of  a  promile 

gtefleth   not  in    Judgement.     1    fo  ftltwnly  made  when  1  was  abroad,  and  performed  with  that fo- 

Prtv.  16.  10.  lemnitjK 


A  Commentary  upon  Fortes  cue.  4,4.7 


lemnitj;    becaufet  andafttrlpromifedit,  I  cannot  expect  any  attempts  of that  fade,  fa 
any  men  tf  merit  and  virtue  :  thus  divinely,  and  like  himfelf  fpeaks  our  good  King. 

Thisdigreflion  I  havs  thought  fie  to  make  in  relation  to  that  fenfiblenefs  which  good 
princes  have  of  their  poor  Subjects  conditions,  which  furely  they  muft  needs  relent  at 
who  have  Subjt&s  dutifull  to  them,  yet  fo  miferable,  that  though  they  breed  up  flefh 
and  dainties,  hardly  can  keep  on  egg,  the  moft  trite  thing  about  a  Country,  dwelling, 
for  their  own  dainties,  but  arc  fam  to  crouch  to  the  Souldiers  that  quarter  with  them 
to  their  undoing,  fo  fayes  the  Text,  the  mifery  of  the  poor  Peafant u,  Vix  ova  eorum 
if  fit  relinqur.ntur  profummisvefcenda  deliciist 

1 
Et  fi  quid  in  Ofibus  its  alicjuando  accreverit,  am  lecuples  eerum  aliquis  reputetur, 
concittiffe  ad  Regis  fubftdium  pins  Vicinisfuis  ceteris  cneretnr  ;  quo,  ex  tune  cow 
vicinis  eatcris  ipje  equabitur  paupertate. 

This  is  a  farther  degree  of  mifery,  that  a  Governour's  eye  fhould  be  evil  becaufe 
God's  is  good ;   or,  that  the  thrift  of  a  fubjeft,  not  by  vice  or  villany ,  but  by  labour 
and  frugality,  fhould  be  the  occafion  of  his  fcrutiny  in  order  to  his  diminution.     This 
though  it  be  here  faid  to  be  the  condition  of  the  Peafant,  yet  is  not 
hisaffli&ion  from  his  Prince  or  Parliament-  but  from  thofe  Soul- 
diers in  command  near  him,  who  can  fo  pcfter  him  with  inroads, 
and  charge  him  with  levyes,  that  thofe  lunches  out  of  him  fhall  leave 
him  as  bare  as  his  Neighbours  :    A  cruelty  that  furely  the  Judge  of 
quick  and  dead  will  feverely  punifh,  andfuch  as  the  Prince,  whofe 
Agents  thefe  are,  fhould  endeavour  to  underftand,  and  undemand- 
ing to  punifh  and  rcdrefs-,    which  Fercatulus,  that  learned  French 
Lawyer,  fayes,  was  the  excellency  of  Meroveus,  the  Founder  and 
Amplier  of  the  French  Government,  w ho  thought  it  his  duty  to  over- 
come bis  enemies  fa  valour,  and  oblige  his  f  Arty  by  ieindenefs,  and  not  U 
permit  his  power  to  be  abufed  to  the  injury  *fanj,  not  tofujfer  his  Army 
to  be  licentious,  but  to  refirain  them  Vthere  fuch  they  were  ;    account- 
ing it  an  encouragement  to  violence-,  net  to  prevent  it  bjftritt  Man- 
dates, and  to  puniJJj  it  when,  notwithstanding  them,  per f et  rated :    by 
which  means  he  appeared  not  to  them  a  rigid  Lord,  but  a  calm  Fa- 
ther, and  fo  inferted  himfelf  into  the  love  of  the  people,  that  to 
mi  nde  his  Succeffours  of  what  the  people  delighted,  they  fhould  after 
hi<  example  exprefs  towards  them,  they  called  them  Miroveus's. 
And  forely  if  this  example  had  been  followed  in  France  in  our  Chan- 
cellour's-.time,  he  would  not  have  had  fo  juft  occafion  to  have  bemoaned  the  miferiesof 
the  poor  Peafants,  as  in  other,  fo  in  this  refpedt.    For  as  enjoyments  of  mens  acquifiti- 
ons  is  a  great  encouragement  to  them  to  mduftrioufly  endeavour,  and  ingenuoafly 
defign  their  plenty  and  locapletation  :  fo  to  be  deprived  of  thofe  coropenfations,  and 
to  become  the  fpoyl  of  others,  who  by  their  power  worry  their  plenty  and  rape  ic 
from  them,  is  a  difheartning  of  him  to  any  thing  above  idlenefi ; 
or  at  beft  to  make  him  but  flow  and  improlifick  in  exprefilon  of  him- 
felf.  For  fince  the  French  Nation,  according  to  their  old  Druid  deli- 
rancy,  derive  their  Origin  from  Bis  the  God  of  riches,  that  fo  many 
poor  wretches  fhould  be  in  the  Nation,who  have  not  prodigally  wa- 
fted their  patrimonies,  if  (any  they  can  be  thought  to  have  from  that 
Tradition,  muft  proceed  from  the  violence  of  fome  over  others, 
and  the  fuccefs  they  have  bad  therein  againft  them  •,  which  has  made 
the  Noblefs  abfolutely  great  and  rich,  and  the  Peafants  abfolutely 
poor  and  miferable:     And  for  which  no  better  Apology  can  be 
made,  then  what  I  have  heard,  and  is  generally  the  character  of 
the  common  Frcn  h  people.    Keep  them  poor  and  fervile,  and  they 
will  be  gentle  and  tajaH;   but  let  them  proffer  and  be  flxjh,   and  the 
waves  of  the  Sea  are  not  more  infolent,  proud,  and  bsijlerous  then 
they  are. 


In  his  fpeeehat 
the  opening  of 
the  Parliament. 
1661. 


'  Si  vii  tribunal  tjft.imrmjlvis  vivir*. 
mtnm  militum  contim  Nimt  pullum  4- 
linum  rtpiu.  ntm  nimt  tontingit,  uvun 
nutlm  an/irat,  figttem  nemo  dcttrnt,  •- 
Itum,  f*l,  lignum  nam  txtgat  :  anmmfua 
iinttntus  fit  it  pneda  htftil .  run  de 
Ucrjmit  Tnvincialium  kairar.  Flavius 
■yopifc.  de  Aiueliano  in  Efifitl.  Mi- 
limri.  p.  17}. 

E{»  keni  dud,  fitnffui  fum  «//>«'»,  qui 
diMUrt  hoftci  didici ,  fr  facia,  btnori. 
ficc  trtlfare,  nrwnqut  ulcifci  injurUi ; 
didicertt  mum  tpttme  Mtlimm  li.tnti- 
*m  nintre,  intjuint.  Princifem  irrittrt 
JUilitit  autx  mm  ca/lig*t.  Forcamlus 
De  Gallor.  Imp.  &  Philofoph.  lib.  f. 
p  310.  B. 
Imp.  Paris  157*. 

lienjue  tmnibui  populariur  charm  M- 
a*t  it*  vmtrandus .  ut  *k  ipft  pofferi 
"ftgu  Merovingi  in  furtcii  appcllari  c*. 
pirmt .  mdnio  manifest  tarn  virturitl 
Idem  eodem  loco. 


Czfar  /.*.  t.  Dc  Bell.  Gall. 
Cic.  /it.  z.  DeNac  Deorum. 


Galli  natura  ftri  funt  atqui  fuptrbi, 
fy  in  rebut  ttntandu  animofi,  in  profpe-_ 
rit  inttterandi ,  in  fuit  cammodii  attgen- 
dii  tfsidm,  in  tlicnu  ncgligtntci,  fr  tn 
ri  btttica  fdpe  promiff*  ftlltxtis.  2l**n- 
dotjmdem  hmc  ttpud  lliat  t/iguit  opinio,  uLi 
tommedum  ■idtft,  ibi  qno<jm  "dejfe  hont- 
fttttm  &  Mtjefiattm,  filamt  provcrbi, 
ufurpari  kabiai  Galliam  tunitum.  jtdvi- 
cmum  ncjHajHim.  Albcigatus  in  jjif. 
cuifu  Politic.  (    lio. 


Yjyz 


tiai 


4.4.8  A  Commentary  upon  Fortes  cue. 

Haeni  fallor  forma  efi  flatus  gentis  plebana  Regionis  illius^\  This  concludes  the 
narrative  of  the  common  mans  condition  in  France  }  which,  though  it  be  full  of  tii- 
fticity,  and  in  the'feveralitiesof  it  very  unwifhable,  becaufe  beneath  the  delight  or 
endurance  of  a  free  fpirit ■,  yet  mufl  be  borne  by  thofe  whofc  fubjec'tions  to  their 
Prince  calls  them  to  this  fervitude  t  which  though  the  Chancellour  has  given  me  from 
this  Text  occafion  to  illuftratc  and  civilly  to  aggravate,  with  all  thole  Hiflorique  cir- 
cumftances,  that  carry  it  to  a  plenarty  of  difcovery,  and  thcrtby  render  it  unamiable ; 
yet  as  the  Chancellour's  fcope  then,  fo  mine  now,  is  not  to  provoke  thofe  Subjects  to 
impatience,  or  to  arraign  the  Polity  of  that  great  and  Majeftique  Nation  •,  but,  by  the 
detection  of  that  ( fo  indulgent  to  Military  men  and  their  accommodation,  and  fo  tin- 
benign  to  men  in  courfes  of  civil  life,  fuch  as  is  Husbandry,  Arts,  Merchandife,)  to  raife 
a  juft  value  and  religious  gratulation  to  God,  and  the  Kir.gs  and  Parliaments  of  our  own 
Nation,  by  whofe  favours  and  mediations  there  is  therein  impartiality  of  freedom  to  all, 
Every  man  here  fttting  under  his  own  Vine  and  under  his  turn  Fig-tret ;  (and  the  Laws  be- 
ing equally  the  benefit  and  terrour  of  poor  and  rich,noble  and  common  Subjects  as  they 
are  goodo,  bad.)We,that  are  fo  priviledgcd  by  and  happy  under  this  Paradis'd  Govern- 
ment, ought  to  exprefs  all  loyalty  and  readmefs  to  obferve  the  Lawes,  and  venerate 
the  Law- makers,  who  certainly  have  been  ever  as  true  nurfing  fathers  to  this  Nation, 
as  love,  cohabiting  with  humane  infirmity,  would  permit  them:  r.or  have  for  the 
moft  part  more  concerned  themfclves  to  promote  their  own  private  intercft  then 
confifted  with  the  refpeftive  intercft  of  their  Subjects,  according  to  the  meafure  of 
the  known  Lawes;  fo  declares  gocd  King  Charles  the  Bit fed,  lean  be  contented  tt 
recede  mueh  from  mine  own  inter  eft  sand  perfenal  rights  of which  I  conceive  mj  f elf  to  be 
Eicon  Baa  Mafter ,  but  in  What  concerns  Truth,  JufHcc^  the  Rights  of  the  Church,  and  my  Crown, 
"*'  '  -     together  with  the  general gotd  of  mj  Kingdoms  (  all  Rehich  I  am  bound  to  freftrve  as  much 

as  morai'j/  lyes  in  me)  here  I am  and  ever  Jball  bt  fixed  and  refolute,  fo  He.  And  fo 
fhould  every  fubject  teftifiehis  loyalty  to  be  fixed  and  refolute  for  the  King,  bis  Laws, 
and  his  peoples  rights,  againfl  all  infolence  and  innovation  that  rifes  up  againft  them  j 
Note  this.  for  the  Law  being  the  fureft  foundation,  all  appearance  according  to  it,  andinoppo- 
fition  to  whatever  is  frowardly  contradictory  and  adverfe  thereto,  is  very  worthy 
good  Subjects  .-  And  I  pray  God  give  us  all  of  this  Nation  the  grace,  To  fear  God  and 
honour  the  King,  and  not  to  hearken  tt  them  that  are  given  to  change.  Thus  much  con- 
cerning the  French  Plebs,  and  the  reftraint  of  them. 

Nobiles tamen mn  fie  exaflionibus  opprimuxtur.  1    This  fliews  the  partiality  thati* 

in  France,  in  that  the  poor  go  to  pot,   while  the  rich  go  it  not  fcot-free,  yetareno.c 

exacted  upon  •    for  France  being  a  Military  Government,  and  the 

?^»  uMrUmmjtd  niuttu  viiiia     Noblefs  attending  the  King  in  his  Warrs  and  Armies,  excufe  them- 

juuX4%£?'tfiu,  /£^%&L«.  fcIvcs  and  thcir  crtatc$  from  a"  forrage  and  charge.putting  the  whole 
anitu.  i  sMuhu  &  t,nm  s*c«f.-     burthen  on  the  poor  Tradefmen,Vine-dreffers  &  Husbandmen :  and 

JXJfjff  ASTZ  «.  Th6'0ir'     thi*  thc  Noblefs  do  by  a  kindc  of  Aboriginal  right,  as  the  inflance  of 

their  freedom  And  not  to  fuffcr  them  to  be  thus  priviledged,wcre  to 
G»UormTwm«  0ftim*us  new  mon,     enrjpe  tilera  to  thofe  diforders  that  their  quick  fpirits  are  naturally 

in  in  Francos    Mnfltiiii  eft,     ctpiriem      .  o  1  1         1         i_  rn    ■ 

infirm  ir  «f »f*m  M<,,tr  tfatawruot,  inclined  to,  and  their  enraged  ar.ger  would  rruike  them  perhtt  in. 
«  f.ruft  ubtntw  <ju,d  ( ut  jam*,*! )  Therefore  as  the  great  men  of  France  have  ever  gloryed in  great 
««""  'Fofca^ui.  "/$'.'  rjTGailTm^  heads  of  hair  unpolled,  as  a  token  of  their  being  free-men  •  fo  have 
£«  rh\io  p.  }oo.  b.  Edit.  pans.  157*.       they  preferved  to  themfelvcs  the  liberty  not  to  be  polled  of  their 

fortunes  by  exactions.  For  by  this  means  tht  King  does  not  onely 
keep  up  his  Horfemen  to  keep  under  the  rude  common  people,  and  reprefs  the  info- 
lencies  of  their  difcontents  •,  but  prevents  the  dangerous  effe&s  of  difpleafed  and  unob- 
liged  Greatnefs :  which  has  been  fuch  a  peft  to  France,  that  it  has  not  orely  raifed 
great  Armies  in  it,  but  kept  them  fo  raifed  up  to  thewafte  and  fpoyle  of  men  and  , 
treasure.  For  great  fpirits  are  impatient  of  diminution,  and  when  they  are  that  way 
as  they  think  undervalued,  meditate  Returns,  edged  from  the  irritation  of  rage  and 
grief,  which  ever  make  a  defoerate  medley,  as  in  Contarino'saffuvkof  Forfeari  Duke 
shut'  hh  t  °^  Venice  appeared  •,  for  that  onely  proceeded  from  the  opinion  Contari'no  had  that 
Venice.  Forfeari  was  the  obltacle  to  his  Admiralfhipof  the  Adriatiqne  Seas.     And  fo  in  other 

cafes  abundantly  might  be  inftanced,  the  avoidance  whereof  is  that  which  dictates  to  a 

Non- 


A  Commentary  upon  Foriescue.  44$ 

Nen-  provocation  of  great  perfons  and  parties ;    which  is  the  reafon  the  Text  fayes, 
Nob  1  les  non  fie  exaUionibsts  epprimnntnr. 

Std  fi  ilhrum  aliqnis  calnmniatus  fuerit  de  cr'mint,  licet  per  immicos  fuos,  non  fern-     .         i . 
per  coram  Jud'ice  Ordinario  ipfe  cenvtcari  folet  ;   fedquamfape  in  Regis  Camera 
&■  alibi  in  private  loco. 

This  Claufe  prefents  the  Noblefs  not  foraetimes  very  happy  :   for  fir.ee  Greatnefs  is 
fobjett  to  temptation  and  Envy,  both  which  are  proda&ive  of  Enemies,  and  Enemies 
contrivers  of  Accufations,  and  Accufations  too  often  believed,  and  proceeded  upon 
before  the  truth  of  things  be  throughly  examined  ,     greatnefs  is  even  in  France  a 
thing  of  danger  :  for,  who  can  be  fecure  there,  where  his  enemy  may  accufe,  and  he  not 
be  capable  to  defend  himfdf  juridickly ;  nay,  how  can  innocence  ftand  in  judgement 
if  it  may  not  be  tryed  per  Pares,  Perfons  of  Honour,  as  the  Peers  of  a  Nation  cannot 
but  beprefumed  to  be.     Yet  the  Text  fay es  this  is  the  condition   of  the  Nobility  in 
France,  who,  though  they  are  priviledged,  that  in  criminal  Cafes  they  ufually  may 
anfwer  and  defend  by  their  Procter,  that  they  contribute  not  towards  payments  to  thoioff.  syntag, 
the  King,.  (  Talia  namquc  mnntra  plebeiis  imponnntttr  prt  modo  fuarumfacultatstm,  as  M**™"1\ 
flay  *  Authours  words  are •")  though  I  fay,  Non  fie  exaUionibus  opprimnntnr  ~\  yet  their  10- 
perfons  are  in  danger  and  their  fortunes  too,  by  being  accufed  and  condemned  clan-  vfc^f°  Pa?- 
deftinely  as  it  were.     Nonfemper  coram  J u.dice  Ordinario^  in  common  apprehenfion 
is  before  the  Judges  that  judge  according  to  the  Lawes  of  Nations,  and  the  Cuftoms 
of  the  Country,  and  are  men  of  Law,  and  Graduates  in  that  facul- 
ty.    But  the  Notion  of  Ordinaries  Judex  in  France,  as  I  have  it 
from  Caffanans  a  French-man  born,  and  a  Lawyer  bred,  is  this, 
When  a  man  is  to  judge  a  caufe  who  has  no  Law  in  him,  but  goes 
(as it  were)  according  to  the  private  inftrudtions  he  has  from  his 
Superiour,  or  according  to  the  fwing  of  his  own  will,  having  no 
rule  to  go  by.     Now,  though  true  it  be  that  thefe  Judges  purpofely 
delegated,  and  termed  Ordinary,  (  becaufe  they  have  but  the  learn- 
ing of  ordinary  men  in  them,  that  it,  they  know  no  more  of  the 
Law  then  is  the  Law  of  reafon )  ought  to  be  ruled  by  the  judgement 
of  the  Lawyer,  or  Lawyer's  afliltant  to,  and  affociated  with  them  in  the  Commiffion, 
and  fo  moftly  are  and  proceed  according  to  the  courfe  oftheLawesinthofe  Cafes. 
Yet  fo  fad  is  the  cafe  of  the  Noblefs  there,  thatalwayes  they  are  not  fummoned  to  a 
juridical  anfwer  ;    but  foraetimes,  yea,  qmmfape,  that  is,  fapijfimc ,  are  fummoned 
into  the  Camera  Regis  to  hear  their  dooms  according  to  their  Princes  Royal  Vei/is  and 
fltafures  :  now,  this  Camera  Regis  is  not  Paris  the  Royal  City,  as  London  alfo  here  is, 
and  thence  in  the  Statute  of  3  &  4  F.  6.  c.  z  \ .  is  termed  the  King's  Chamber,  nor  the 
Bed-Chamber  or  Chamber  of  Prefence,  which  the  Greelej  called  K^gjt,    becaufe 
it  was  arched  on  the  top  and  had  a  convex  figure,  which  they  render  by  Fornex, 
the  Archnefs  of  its  figure  being  the  fame  in  building  that  the  Pfalloides  is  in  the  body' 
argues  fiate  and  united  ftrength.     Hence  Camera  fignifies  any  thing 
that  has  an  Arch-figure,  Camera  Naves  funt  archx  &  exiles,  like 
dofe  Liters,  or  Arks  rather,  which  (a)  Philo  calls,  The  f acred  re- 
pertory of  the  Law,  and  the  Vetfel  fitted  fur  their  retention .   it  being 
thecuftomeof  Antiquity  to  make  their  Chefts  for  any  facred  pur- 
pofe  Arch- figured,  as  we  fee  at  this  day  in  many  old  Churches  in 
the  Chancells  of  them:  and  thefe  Chefis  were  the  Came  rt  of  the 
Church  utenfils,  Plate,  Regifters,  Copes,  Veftments,  &c.  where- 
in thofe  times  deemed  the  external  Ma jelty  of  Religion  to  confift. 
This  is  fome  notion  of  Camera,  which.as  to  the  Text's  fenfe,  may  (as 
7  conceive)  be  the  Chamber  of  tbe  King,where  he  lyes  down  to  re(l; 
for  in  Military  times  Princes  had  their  Pavilions  in  the  fields  With 
their  Armies,  over  which  they  had  Arches  not  onelyto  prevent 
weather  and  winde,  but  duft  and  filths  accefiion  to  them  ^  and  thefe 
were  called  Anita,   like  the  Canopyes  of  State ,    Monarchs  to 
this  day  ufc  to  dine  and  deep  under ;    fome  call  them  Tentt* 


Ordinarii  Judices  voeantur  in  Gallia 
qui  indicant,  cum  ipfi  non  Jnnt  firm,  id 
eft,  nen  funi  graduati  in  Jure  ;  ounis 
itnim  graduatui  prafumitur  effe  feritm. 
Et  idee  his  Juduihm  apptndumur  ^f- 
frffires,  qui  homines  funt  peritt,  &  qui 
tiles  judices  informant  in  jure  in  omni- 
bus Caftbus.  Catalog.  Gloria!  Mwidi, 
p.  l»l,294. 

Ordinaria  &  delegates  fttiut  cepulanlHr,' 
P.  »SI. 


ItoGn'ui  Antiq.  Rom.  ''*.  to.  e.  jo."  ] 
(a)  Na  '.cfuMtKjJk  Uf«.t  wj8»7irV 
lib.  Be  Nominum  Mutatione, 
p.  1050. 

'Ayyeitr?  ,'ofxav.  lib.  3.  De 

vit.  Mof.  p.  668. 

Camera,  id  ejl,  ex  area  Dentin!.  Tho- 
lofT.  Synta».  Jari,  tib,6.c  3.  fl'.  I. 

Camera  ]  tela  adexcipiendumfulverem, 
MfupSr  men/as  fgargeretur '  at  que  dafti  fi. 
mul  conffurcaret  ^lt  Horatio  <Aulaavt- 
catur,  quern  merem  hudie  Trincipes  rjr  Mo- 
narchal fervtre  ctmeertum  eft,  apud  anas 
menfki  fub  qutltusdam  veluti  Tentorut 
fine tn  parari  (ape  videtius.  Rolinus 
Antiq.  Rom.  lib,  $.  c.  ij.p.  ill. 


rU 


4-5' 


A  Commentary  upon  Fortiscub. 


Qm  fru/t  tuli. 
cmt  Ctmtr*  T^j- 
ffM.  Caflan  Ca- 
(al.  Gl.  Muni,. 
p,i«l. 

Serrei  Hifi.  •/ 
France,  /.  $$» 


Modeftinus<t4£ 
ricidiit. 


f  ompeiam  &»  Ta- 


Schotius  in  t^oiii  ad  Cintr.  17 

;.i.  i- 1- 141, 


Scnec. 


Uimmi  Mdftrti  mftri  Inginitm '  fum- 
vtruntlHm.  <f*i  *d  "V dtrttun  dcltnitm  &• 
Tdreutes  &•  Likeroi  wterficindts  imerit. 
Pomponius  D'geft.  Ui.  n. 


IA.  De  Septena- 
iio  &  Feflis,  p. 
J. 14. 


r»4  /rrtfM  :  to  tlicfe  in  our  fetled  times,  wherein  Princes  have  fixed  Courts,  thefe 
Camera  do  fucceed ;  and  the  officer  of  State,  that  has  the  charge  of  them,  is  called 
Camer aritis  Rtgis  :,  in  Frar.ce    Lt  granAChambellan.     None  of  thefe  Chambers  does 
the  Text  chiefly  intend,  but  the  fenfe  of  onr  Text-Mafter  in  allcdging  this,  is  to  tell 
us,  that  when  Great  men  are  in  France  under  difplcafure,  they  arefummoned  to  the 
King's  Chamber  (  not  his  Chambre  its  Comptes ,  ©r  Chambre  An  Aomaine,  or  Chambrt 
Ah  CnnfeU,  or  Chambre  Atree ,    but  his  Chambre  Royal  purpofely  erected  as  a  Court 
of  cenfure  and  doom  :  for  when  any,  that  were  of  dangerous  confequence,  appeared, 
London  'imfrtfi.  triCy  Were  called  to  die  King's  Chamber  j  fo  were  the  Lutherans  in  Henry  the  SecenA's 
time,  ■  and  others  down  all  along  fince  )  to  hear  their  doom.     Ft  alibi  in  frivato  loco,  Sec, 
Up  hegoe,  and  his  doom  is  privately  adjudged  him,  without  judgement  of  his  Peers,  or 
defence  of  hi  mfelf,   M«x  ut  crimiuofum  turn  Principis  eonfeitntia  relatu  aliorum  judi- 
taverit  f  very  hard  to  be  condemned  unheard,    yet  it  muft  be  undergone,  In  S ace 
pofitus  abfqut  figura  fudicii  per  propo fits  MarifcaHtrum  Miniftres  no&anter  in  fiumine 
prtjetlus  fubmtrgitur  ~]  furely  a  Judgement  full  of  terrible  cruelty, 
The  judgement  en  ParriciAe  ;    for  of  old,  Parricides  were  fcourged 
with  bloudy  Rods,  then  put  into  a  Sack  with  a  dog,  acock,  a  viper, 
and  an  ape,  all  alive  fewed  up  with  them,  and  they  all  ca.ft  with  the 
Sack  into  the  Sea.     And  though  I  confefs  no  Judgement  can  be  too 
fevere  for  fuch  a  Villany  as  it  is  to  kill  the  Pater  PatrU  •  yet 
this  of  giving  an  offender  a  cruel  death,   Absque  forma  fudicii, 
is  much  more  rigid  then  ( I  doubt )  to  God  can  well  be  anfwered ; 
for  he  being  the  father  of  Mercies  and  the  fountain  of  Juftice,    de- 
lights not  to  fee  Princes,  in  power  under  him,  to  be  inclement  and  truculent,  'flf  w  fxo- 
m  c*  t  in*?,  as  Philo's  words  are,   As  net  onely  the  puni/bers  of  them  of  ending  in  making 
their  lives  a  torture  to  them,  but  after  Aepriving  them  of  an  eajie  difpach ;    for  this  he  ac- 
counts the  errour  of  his  cntruft,  and  too  near  a  compartizationwiththofequadrupe- 
dial  furies  which  he  hath  inferiorated  to  man  in  reafon,  and  thence  made  the  Sub  jefts  of 
his  Empire:     but  that  which  he  loves  and  commends  in  thofe  earthly  Gods,  whofe 
luftres  both  of  power  and  life  are  determinable,  is,  That  they  fiould 
imitate  him  in  beneficence,  in  fufcripg  the   Sun  of  their  favour  and 
the  Rain  of  their  cart  to  impenA  all  their  Subjetls';    and  though  they 
correit  their  enormities,  yet  they  then  JhoulA  pity  their  infirmities,  and 
beftow  their  Companions  on  them  a*  men  in  nature  with  them/elves  i 
¥Mq  in  lib.  guiA'dei  pot  io-     and  if  this  they  would  do,  considering  themfelves  re  &icnji(  <A,- 

juKf  y»f**,  &c.  The  divine  Artifitc,  whereby  it  hath  exemplified  its 
tranfeehdency  to  the  utmofl  capacity  Mortality  can  attain  to  ■,  their 
wills  would  be  the  Law  by  the  viftory  their  goodnefi  gets  over  the 
loves  of  men,  rather  then  their  perfons  and  power  be  terrible  to 
them.-    then  would  not  that  complaint  of  our  Text  be  fo  true  as  it  is, 
jQualiter  &  mari  audivifti  majorem  multo  numerum  htminnm  etuam  aui  legitime  proceflu 
Juris  extiteruHt  ]  For  however  fome  Princes  in  the  ak/xm  and  luftinefs  of  their  power 
may  pifh  at  calm  and  paternal  exhibitions  of  themfelves  to  their  politique  Children } 
yet,  when  Experience  the  beft  Mafier  has  ingenerated  the  calrrmefs  of  wifjom  in  them, 
they  will  account  it  the  onely  rife  to  continuation  and  ferenky  :    nor  can  any  Prince 
be  thought,  as  Lewis  the  Twelfth  was,  A  Father  to  his  people,  but  he  that  by  Juftice 
governs,  by  Prowefs  defends,  by  Parfimony  enriches,  and  by  clemency  obliges  his 
Subjects  ;  for  fury  and  feverity  unallayed  by  that  Regal  Grandeur  which  ufes  them  ■ 
onely  as  Phyfick,  is  not  the  endowment  of  Kings,  but  the  intemperance  of  finfull  na- 
ture, which,  though  it  torments  others  for  a  while,  yet  ends  in  the  reproach  and 
dishonour  of  its  Pra&icers.     And  therefore  let  flattery  proftitute  truth  never  fo  much 
to  the  temporary  fatisfadtion  of  licencious  Greatnefs,  yet  all  things 
done  beyond  the  rules  of  Religion,  Morality,  and  National  J.awes, 
are  Enormia  •,  for  fince  thefe  are  the  fquares  and  proportions  ac- 
cording to  which  Imperial  Architects  fhould  raife  and  carry  on  their 
politique  fabrique,  whatever  in  any  dimenfion  tranfgreffes  this,  is 
enormous ;  and  though  men  mince  it,  and  write  not  fo  openly  and 
with  vehemence  as  our  Chanccllour  does  of  the  abfolutenefstriatij 

taken 


*07»    ■x*ta.ir\'w*v  s<fiv    *v- 

(jtyot  71J1  clv  m  KpttTJiv  iya-Siv. 

philo lib.  de Judice,  p.jtf- 


rt,  p.  170. 


OVK      tf]OJ    fMmV    aM*    Xj   7H 

n  *by*  x^y**^1!"  JAcm  lib. 
de  Mundi  Opific.  p.  1 9. 


A  good  Mo- 
nition   to 
Greatnefs. 


Mtgnum  yT«»  mtnfnra,  iitHur  tntrmi. 
Tan.  X/i.ioj. 

Linjttuimcs  *d  regnUm  4f  lineam,  «/- 
litndmts  ddperj>cidni>lf.m,  dnffiti  *i  Mr- 
»4!»  rtffcndeniei  txigtntHr.  V  itruyius  III). 
7.  Di  Opirt  Ttffim. 


A  Commentary  upon  Fortes  cue. 


4*1 


Lift  CafTanacum 
fart.  {•  Gata'» 
Gt.  Mundi.  f. 


taken  from  colour  of  chat  Maxim  of  Law,  J$upd  Principi  placuit,    which  means  no- 
thing lefs  then  is  impofed  upon  it  to  be  its  fenfe  •,    yet  do  they  in  their  hearts  conclude, 
that  Inch  things  are  drtcfiabilitcr,  damnabiliteri\ue  perpctrata,  that  is,  tljat  they  are 
f.ns  committed  by  them  againft  the  Laws  of  their  Government,  and  therefore  in  their 
nature  deteftablc,    sndagninft  the  Lawes  of  Religion  and  therefore  damnable:  which 
Doct.ine  certainly,  as  true  as  truth  it  felf,  if  it  had  been  canonized  at  Rome,  would 
have  undermined  that  horrid  Artifice  of  fccular  policy  which  is  conclav'd  there  •  and 
which  wrought  puiffantly,  and  to  a  notorious  degree  of  wickednefs  in  the  cafe  of  R«~  Fuller's  aft.  »/ 
bert  Somcrcet  our  Country-man,  whom  I  read  floryed  for  one  of  the  forcmoft  of  the  '""  w"'hi"  •/ 
three  2«/f£jforthe  Popedom  after  ihe  death  of  Pope  Gregory  :    the  Cardials  being  eoinftite!p.Vj"'. 
fet  to  have  an  Italian  and  not  an  Englijh  man  ( and  Caleftine  as  after  he  was  called 
and  not  Somercet  )  made  Somerset  away  by  poyfon  to  prevent  hit  obtainment  of  the 
Chaire,which  they  feared  otherwife  he  would  have  had ;  but  enough  of  this.  For  as  our 
Chancellour  here  took  leave  of  the  memory  of  thefc  practicks  to  excufe  his  Dialogue 
from  any  fuller  Regifter  of  them,  and  to  prevent  the  exafperation  of  his  pen,  which 
might  elfe  be  keener  then  otherwife  would  be  convenient  ■,  fo  (hall  I,  after  his  judi- 
cious example.dcfift  the  further  Commenton  this  Chapter,  the  refiduary  parts  where- 
of arc  onely  cnur.ciative  of  the  defign  of  this  his  exageration  in  what  paflages  has  con- 
cerning the  people  of  France  occurred,  and  concerning  the  Subjects  of  England  are  fur- 
ther to  be  produced.     And  as  on  the  Text  that  concerned  the  people  of  France  I  have 
difcourfed  with  all  the  veracity  and  modefly  I  could,  acknowledging  the  French  Nation 
very  wife,  warlike,  and  profperous,  and  their  Government  beft  fitted  for  their  Cly- 
mate  and  People  •,    fo  (hall  I,  in  what  follows  concerning  the  juft  equity  and  excellen- 
cy of  the  Englijh  Lawes,  and  the  condition  \  of  England's  men  under  England's  Mo- 
narchs,  write  the  truth  and  nothing  but  the  truth,  according  to  the  modefty  and  hum- 
ble (ubmiflednefs  I  have  herein  endeavoured  to  exprefs,  and  hope  I  (hall  be  by  my 
betters  allowed  to  have  accordingly  acted  j  hoping,  that  God  will  give  us  of  this  Na- 
tiongrace,  upon  fight  of  the  mercy  we  enjoy  beyond  others,  to  value  our  Govcr- 
nours  and  Government  above  others,  jnd  to  pray  for,  and  give  obedience  to  the  King, 
his  Parliament,  and  his  Lawes,  now  happily  flourifhing  amongft  us. 
For  furcly  if  there  be  any  National  Government  that  has  a  fymme- 

trioufnefs  to  the  Government  of  Heaven,  'tis  this  of  our  native    vice  to  hit  Country-men, 
Country  -,  wherein,  as  our  Sovereign  refcmbles  (  with  reverence  to 
God  the  incomparable  King  of  Kings  and  Lord  ot  Lords  I  write  it  ) 
the  fupreme  Wifdom  and  Goodnefs,  being  by  the  Law  faid  to  be 
tinder  no  defect,  and  not  poffible  ( as  King  )  to  do  wrong  •,   fo  bis 
Peers  and  Commons  in  Parliament  do(in  their  proportion)affimilate 
Angels  and  Saints  ;  and  his  Lawes,  that  divine  charity  which  directs 
all  the  Subjects  to  fear  and  love  him,  and  to  be  at  peace  one  with 
another.    The  confederation  of  which  in  this  bleffed  Ternary,  might 
perhaps  occafion  that  old  faying,  which  thus  is  in  a  good  meafure 
made  plain  by  it,    Regnum  Anglia  Regnum  Dei,  which  though  I 
know  to  be  commonly  underftood  of  God's*  particular  Patronage  of 
England;  yet  may  as  well  be  intended  of  the  form  of  our  Govern- 
ment after  the  Model  of  the  Heavenly  Empire:  which  premifed,   I 
humbly  conclude  this  and  enter  on  the  following  Chapter. 


\Acl»    txitriir* 
inciuant    \nttnor* 
Jttreta.  Reg.  Ju- 
ris Gook  I  ■Jty>. 


The  Anthour't  hearty  Ad- 


"Kfx  htc  filiim  tun  fttif  fttere  tpiad 
imfmft  injujlc  d$trc.  Reg.  Juris  Cook. 
"*?•/•  7*.  7+- 


sAttnkuu  1>tx  Legi  tjuod  Lex  ultri- 
tiat  a,  videlicet,  Dtminatitnem  &  1m- 
fmum.  Non  efi  turn  fex  nit  damn*- 
mr   Vtltmat     &    mm  Ltx.     Brafton. 

M.  4. 


Afc.  in  Fafcieul. 
Lit   R. 


riorum    Juris  ia 


CHAP.   XXX VI. 
In  Rrgno  Angliac  naUtts  perhendinat  in  alterius  domo,  invito  Domino. 

AS  in  the  fore-going  Chapter  he  (hewed  the  mifery  of  the  open  Country  of 
France.,  where  the  Souldier  commands  all,  and  makes  the  poor  Husbandman  a- 
fraid  to  own  bimfelf  Mafter  ofthehoufehelivesin,  and  labours  hard  to  pay  his  Rent 
for;  fo  in  this  he  paral  els  the  condition  of  the  £>«£/»/&-husbandman  with  it:  and  he 
begins  firft  with  that  which  is  the  life  of  all  fecurity,  theHoufe,  which  he  fayes  the 

Common 


^52,  A  Commentary  upon  Fortescue. 

Common  Law  does  fo  prefcrvc  to  the  owners  Propriety,  that  no  man  can  come  upori 
his  ground  againft  his  will  but  is  aTrefpaffer-  no  man  lodge  in  his  houfe  without 
his  confent  and  againlt  his  declared  mindc  but  is  punifhable,  and,  as  the  cafe  may  be, 
a  felon  for 4b  doing.  Now  this  the  Chancellour  does  to  fhew  the  jutt  Imperiality  of 
*«h.  i.  (.  i.  tne  Crown  of  England,  which,  as  it  depends  on  none  but  God,  to  whom  onely  eur 
•  Eiiz  <■.  i.       Kings  are  ( as  to  their  Superiour  )  accountable,  (the  tofts  of  Rome  being  but  *  Ufurpers 

linOi!  J'a74.    in  "lc'lr  claim>  am*  God  jc*'OU9  °f  *n£l  difpleafedat  their  infolent  rivalry  with  him, 
»  1 1  tiii.'r1.  •_.'.    caufing  a  fire  at  Ljtm  that  burned  the  Pope's  Wardrobe  there,  in  which  was  that  de- 
is  m.  i.  t.  ii.     tcftab|e  Charter  which  weak  King  fth»  made  to  the  Pope  to  bring  the  Crown  of  En- 
gland into  fervage  to  the  Sea  ot   Rome ,  evidenced  his  difpleafure  that  any  tetti- 
mony  fhouldbe  extant  of  this  Nations  flavery. )  I  fay,  as  the  Charcellour  by  this 
inftance  of  the  Text  clears  the  freedom  of  the  Kingdom  of  England,  fo  does  he  a- 
vonch  the  exemption  of  every  Subject  in  it  from  Vaflallage  •,  for  as  he  aflcrts  that 
the  will  of  the  Houfekeeper  is  warrant  enough  for  a  mans  abidance  in  it,   though  he 
be  not  ordinarily  of  the  family  -%    fo  doth  he  affure,  that  the  will  of  the  Matter  nor, 
a>mm,n  right  in  had,  no  man  can  long,  if  at  all,  lawfully  abide  therein:  the  reafon  whereof  is  fiomthac 
%J"\Z*"aT"  common  right  which  the  Common  Law  does  every  rightfull  Claimant  to  it  for  aid, 
Tia&iuf*^1'  Sub  cljpeo  Legit  nemo  decipitnr  is  the  rule,  and  this  the  juftice  of  E  ngland  don  10 
withftand  intrufion  upon  men  by  bold  braving  perfons,  who  elfe  would  take  up 
their  Quarters,  prefumingon  the  courtefie  they  never  deferved  nor  are  everrefolved 
to  requite.     For  though  the  civility  of  the  Nation  gives  welcome,  and  did  infinitely 
s>t  ti„  Ttya  n  more  in  old  times  then  now,  to  any  man  of  creditable  appearance,  that  came  for  a  day 
»b#js  ch*f.        „nl  away,  to  any  houfe  of  credit-,   yet  perhendinart  (  which  imports  three  dayei  ftay, 
l&rdaur,  and  under  colour  of  that,  differre  in  longam,  de  die  in  diem)   it  denies 
to  any  without  invitation,  which  Invitation  has  a  more  amicable  fenfc  then  the  Invito 
Domixo  3  here,  for  that  is  an  aft  of  the  will,  choice,  and  allowance,  which  the  Greebt 
render  by  s^xaAfyou,  a  calling  of  one  to  him  by  his  word,  letter,  or  fervant,   ac- 
quainting him  when  and  what  he  is  then  and  there  to  doe  ■,  but  this  Invito  Domino  is  as 
much  as  the  Matter  unconfulted  with,  and  in  defiance  of,   and  fo  not  onely  without  his 

Srivity,  but  againft  his  publication  to  the  contrary.  When  any  man  ttayes  in  an 
oufe  when  the  Matter  bids  him  be  gone,  he  is  a  trefpafler ,  and  may  be  a  felon,  becaufe 
«nCali«^K«  he  doc$  Prrhendinarc  in  alter  tut  done*  invito  domino~\  for  the  Law  looks  at  the  com- 
"d'dlm'nm'r'J/.  mencement  of  every  aftion,  and  Judges  the  effeft  according  to  it.  And  therefore  if  a 
»i,  tamafi  >»wi  man  come  forcibly  into  my  houfe,and  after  he  has  fo  done  I  fhew  not  my  diftaflc  becaufe 
"tiZ^'ZT,.  T  fcar;  yet  the  Law  I  fuppofe  will  judge  the  force  ofTcred,  and  not  qualifie  it  by  my 
mm  an  fttttu:  after-filence,  Quia  quod  ab  initio  nan  valet ,progrejfit  temporis  not  convalefcit :  nor  will 
r"n!'?ffi' d*Vn  tric  Law  believe  any  man-has  a  good  intention  to  be  harmlefly  in  the  houfe  when  he 
Uipiln.  *£d  enters  into  it  uninvited,  and  ttayes  in  it  againft  the  pleafnre  of  the  Matter  of  it,  whofe 
Digtft  fit.  ii.     the  houfe  is,  and  to  whom  the  Lawcs  and  charges  of  hofpitality  in  it  are  accountable. 

Tit.  i.f,  I9<<.  '  J 

Si  non  in  Hofpitiu  publicist  Thefe are publickhoufes called  Inns,  and  being  pur- 
pofely  appointed  for  receipt  of  ftrangers,  if  they  carry  themfelves  civilly  and  keep  law- 
full  hours,  they  may  prefume  the  Mailers  good  will  as  long  as  they  ftay  and  fpend  their 
money  ia  it ;  though  I  make  no  queftton  but  if  any  man  or  men  come  to  an  Inn,  and 
ftay  there  above  three  dayes  and  nights  ( not  having  bufincfs,  or  being  impeded  travel 
by  the  aft  of  God,  or  other  unthought  of  accident)  he  or  they  maybe  fufpefted  and 
drawn  to  give  account  of  their  ftay  even  in  thefe  houfes .-   for  the  Law  raiting  them 
forltrangers  and  travellers   accommodation,  intends  they  (hall  in  the  ufe  of  them  be 
Sanftuaries  of  refuge  againft  the  incommodations  of  Journeyes,  and  not  Lodges  of 
Htnu'UThcMs    diforder  and  harbours  of  vice.     The  word  Hofpet,  whence  hofpitia  comes,  the  Law  de- 
er'Jln  nofwa-    fines  to  import  a  forcin  dweller  which  has  an  houfe,  and  becaufe  this  honfe  that  is  the 
tHrh,mi<«,  unfit  receipt  of  thofe  unknown  perfons  that  come  to  it,  docs  empty  the  purfeof  their  guetts 
Zt!mxii'u.         DV  heigths  of  charges  for  ncceflaries  had  in  them,  it  makes  the  word  i<mn  to  be  %m,  the 
Digeft ./.t.n.     wordufed  of  old  for  a  ftranger  which  we  ufe  for  an  enemy,  which  ifanHoft  be.heis 
T^fyi»m.  ""' $  urJwortriy  his  place,  for  that  is  to  be  frierdly  and  true  to  ftrangers.     And  of  old  before 
Inns  and  Hofts  in  them  were  in  ufe,  there  were  places  of  kindenefs  ftt  apart  to  receive 
Bud«ui  in  tm-   ftrangers,  which  places  were  called  Hefpitthaox  Pros  enia  -,    hence  foppuer  Xtnitti  was 
£*».V afcofi     calledthc  Hofpital  God,  and  concerning  affairs  of  thefe  places  they  invocated  him  :  and 


as 


A  Commentary  upon  Fo  rtekoe,  4.53 

as  thcfc  were  Refidenciesof  amicablenefs,  and  the  elder  Ages  ufcd  them  to  maintain 
charity ;    fo  were  thefe  certain  Emblems  of  kindenefs  intercurrent ,   which   being 
brought  with  the  repairers  to  them,  give  them  the  aflurance  to  receive  welcome;   as 
being  not  a  cheat,  but  one  really  in  amity  with  them.    Thefe  were,  as  heretofore  1 
have  mentioned,  called  Tefftra  Hofpitales,  which  might  be  as  our  Tallyes  cleft  in  the  inTMitg,  rtti_ 
middle,  one  part  with  the  comer,  ano.her  refiding  with  the  Hofpitallers,  and  without  * »«.  p.  in. 
this  brought  and  corresponding  with  the  other  part,  they  that  came  with  them  were 
fufpefted  and  not  welcome  •  which  probably  gave  rife  to  the  Pioverb  with  us,  An  *»- 
bid  gneft  mn(l  bring  his  ftool  along  with  him.     At  firft  the  entertainment  in  thefe  was 
plain  andhomeiy,   probably  they  lay  in  ftraw,  and  had  viands  much  like  that  in  7.»<fc«  v.  »s.j 
the  Holy- Text,  where 'tis  (aid,    fael  fet  butter  and  milkt  before  Siferain  a  Lordly 
difb  •,    but  when  the  Greikj  grewrfortunate  and  effeminate,  then  their  luftry  fpread 
its  felf over  all  their  civility  •,    and  by  them  was  brought  in  great  Entertainments,  not 
onely  lodging  of  them  in  gorgeous  Chambers  and  rich'Beds,  but  alfo  the  firft  night 
entertaining  them  at  a  publickfupper,   and  next  day  fending  them  pullen,   eggs,  ap- 
ples, herbs,  and  all  other  Country  things :    in  reference  to  which  perhaps  the  cuftome  Note  this. 
of  our  Nation  for  the  Sheriffs  to  entertain  and  prefent  the  Judges  in  their  Circuits, 
was  a  long  time  continued  with  us.     To  thefe  Sanftuaries,  for  fuch  they  were  while 
the  ftrangers  in  amity  with  them  were  entertained,  ( which  was  for  three  dayes  and 
yet  is  kept  up  in  fundry  places,  where  the  Chxrtree  Alcnkj  have  Convent)  during 
which  time  they  are  faraftuarized,   and  have  fecurity  from  the  im- 
munity of  their  refidence,  not  to  be  in  jured,  fo  faith  (a)  Acttrfins  ■        ('I  ^f'1""  !<"»'  "M  "*'  njM*»: 
and  Baldut,  as  he  is  quoted  in  the  Margcnt  of  the  (b)  Vigeft,  adds,    ,„„  H°#iui,a  &  „nf,mUia.  aba  ra 
Nota  argnmentnm  ex  hue  Glejfa  quod  MalefaUor  non  foffit  extrahi     'f  f""  &  film'  *»«*  'ft  traHus,  ^ma 
de  Hofrtali  ftcut  net  de  Ecclef.a  }    concerning  thefe  (c)TboU{fan»s     ZS**^*"  "*  *"'  "  ""H" 
has  fully  written,  that  which  I  (hall  add,  is,  that  Antiquity  giving  fo       (*)  Giofs.  ad  Digeft.  a.  u.  r,t.  i. 
great  honour  and  priviledge  to  thefe,  they  in  time  became  abufed,    '•  '♦'*•  f *  *f*' '"?  *J'*  F-  -«&*""■ 

i  ut  -JI/-J-  t  u  f'jSjnragm.  Juris,  lib.  15.  c.  u. 

not  onely  to  harbour  ldlcnefs  and  enormity,   but  to  charge  the 

Country  in  which  they  were  with  bucdens  in  provifion  for  them  ■,  to       obfirvart  «,,»»  tnnnfnicm  tenet, 
remedy  which  there  were  Lawes  made  to  cafe  and   relieve  the    "jj" '  H,4 "'"  >"»»*'  °»««  t«wh 
people  againft  the  exa&ions  of  there.     And  though  Sanctuaries    mo^JiaZ"'^^.^^"^. 
(fuch  kinde  of  Hofpitals)  are  taken  away  with  us  by  the  Statute    D<  •#<.  tw.«/w„. 
of  21  Jtcii.  c.  28.    yet  Inns  and  receipts  for  travellers,  the  Ho-    j^i<Digeft.r*.i!.».ii4. 
fpitia  pub. team  the  Text,  remain:    and  the  Law  takes  great)  care 
that  fuch  there  fhould  be  in  all  convenient  places,    and  thofe  in 
them  f»>  honeft  and  foable  to  furnifh  them,  that  no  necefTary  for  horfe  and  roan 
(hall  be  wanting,  nor  any  rates  put  upon  them  but  fuch  as  are  reafonable ;  by  the  1 3 
R.z.c.  8.  the  gains  of  Victuallers  and  Hoftlers  is  afcertained,  and  what  they  (hall  take 
for  hay  and  oates  over  and  above  the  Market  -,   and  though  the  ftri&nefs  of  the  later  su  j»  h.  i.c.az 
claufein  that  Statute  be,  by  thcStat.  21.  fad  i,&«8.  repealed,  yet  the  main  fcope  »•«.«.«.««• 
of  good  ufing  guefts  is  retained  :  Inn- keepers  muft  take  reafonable  prices,  and  make 
good  horfe. bread  and  full  weight  under  the  penalty  even  of  that  Statute  of  21  factb. 
21.  This  exa<fti»n  of  Inns  is  punifliable  by  the  Common  Law  in  Lcets,  as  being  Contra 
piiblicam  pacem  &  fidem  Regni,  and  an  enormity  which  difhonoureth  the  Govern- 
ment, and  impofeth  upon  Strangers  and  men  in  need,  who  being  unknown  and  far. 
from  home  are  unable  to  right  themfelves  againft  it:    And  hereupon  as  the  Text  fayes 
the  Law  provides  that  Inns  (hall  have  prefent  pay,  and  men  not  run  in  arrears  or  take 
frorrfthem  on  Ticket,  Vbi  tunc  fro  omnibus  cjua.ibidcm  exfendit,  ipfe  flenarie Jhlvet 
ante  ejus  abinde  recejfum  ,~\  fo  doth  it  caution  that  the  prices  fo  paid  be  no  more  then 
they  nave  is  worth,  confederation  being  had  of  the  charges  an  Inn-keeper  is  at  to  fie 
himfelf  with  all  things  neceffary  to  entertainment ,  for  houfe-rent,  fervants,  dyet, 
wages,    fpoile  of  goods,  candle,  and  all  other  things  of  houfe- keeping  confidered, 
together  with  the  uncertainty  of  guefts,  and  the  cafualty  of  fire  confidered,  either  they 
muft  take  great  gains,  or  live  they  cannot  without  becoming,  beggars ;    which  the  Law 
confidcring,  allows  them  a  convenient  latitude,  which,  thofe  that  will  encourage  guefts 
to  come  to  their  houfes  as-they  travel  by  them,  do  not  abufe. 

£  z  2  Nti 


4-54-  A  Commentary  upon  Fortbscui. 

Nee  impune  qtttique  bon*  alter ius  capit  fine  volant  Ate  Proprietarii  cor  unfit  m  .  ^ 

This, though  it  be  the  Common  Law,yet  is  confirmed  to  the  Proprietor  pg^inft  his  dif- 
feifor  by  feveral  Statutes-,  for,becaufe  Power  would  often  make  bold  with  what  was  an- 
other*, and  Greatnefs  fometimes  thought  it  durft  not  be  refufed.becaufe  it  was  under  its 
opportunity  to  ruin  what  did  not  crouch  to  it,Lords  and  Great  mens  fervants  feifing  for 
their  Mailers  ufes  what  they  pleated  without  and  againft  the  owner's  will,  &  under  fuch 
a  price  as  they  could  not  afford  it,  the  Kings  of  Engl,  confented  to  Laws  of  rcftn&ion, 
not  only  to  themfelves^s  in  the  Statutes  ota8  E.  i.e.  i.  $6  E-  i.e. 6.  23  H.  6.  t.  14. 
Dr>it  n,  fit  fd>    j  £  2  e  g,  making  it  penalty  felonious  to  take  from  any  man  what  he  is  lawfully  poflef- 
tieion'i.R/«  iVn"  fcd  of  without  his  confeut,  although  it  be  for  the  King's  or  Queen's  own  uf«,  fo  are  the 
ftitf.i7»-  S  atutesof28  E.  i.e.  2.  ic *o  R.  2.e.  5.  For  though  fit  it  be  that  the  King,  being  the 

Head  of  his  Subjeds,  and  the  Ntble  He  that  impregnates  this  whole  politick  Body  with 
life  and  lultre,  ftiould  be  fupplyed  from  this  body  with  all  things  neceflary  to  his  fub- 
fiftar.ee  for  to  beneficent  purpofes :  yet  does  the  King  think  fit,  out  of  grace  to  his  peo- 
ple, not  to  make  his  Prerogative  their  punifhment,  but  to  live  and  let  live,  that  is,  to 
chcrifh  their  induftry  and  good-will,  by  cafe  of,  and  jnftice  to  them,  as  in  greater,  fo 
■  in  leflcr  things.    And  thus  our  facred  Kings  have  in  all  Ages  done  to  prevent  the  info- 
lence  and  deceit  of  their  Purveyors ,  who,  to  enrich  themfclves,  haveabufed  the  King's 
power  to  the  peoples  impoverifhingji  that  at  none  can  purvey  but  for  the  King  or 
Queen,  or  the  Royal  Iflue  •,  fo  none  can  for  them,but  by  their  fpecial  warrant  with  the 
owners  confent,  at  a  reafonable  value  by  the  Conftables  of  the  Town  affefled,  if  the 
buyer  and  feller  cannot  agree  to  pay  ready  money  or  at  a  certain  prefixed  day,  fo  is 
sir  a  cook.    the  21  Chapter  of  ^4|»4CWm,  \E.  i.e.  31.  4.  E.  3.  e.  3.  %S.  J.  c.t.   10  E. 
tiaftit.j.jj.      3.f,  |.   14.E.3.  e.  19    25  E.  3.  fit.  I  R.  2.  e.  3.  2  H.  4.  c.  14.   1  H.  J.  c.  10. 
11  H.  6.  c.%.  ioH.6.e.  8.  28  H.  6.c.  1.  zE.  6.'c.  3.  All  which  and  fundry  o- 
thers  fince  made,  being  in  affirmance  of  propriety,  and  that  by  the  King  himfelf  and 
his  Great-men,  for  the  common  good  declare  their  joynt  and  feveral  zeals  for  propri- 
*  inftit.f. !«.      ety  j   Fir  the  Common  L*r»  ( faith  Sir  Ed.  CoibJ)  has  fo  admeafured  the  Prerogative  of 
the  King,  at  he  cannot  tanner  prejudice  fhe  inheritance  of  any  -,    I'll  add,    Nor  can  or 
ought  the  Subject  to  intrench  upon  his  Prerogative,  but  to  hold  himfelf  bound  to  give 
unto  Cafar  the  things  that  are  C 'afar s  ,  for  the  Law  alfo  is  fo,  and 
uf>'    '"''"""'  '    '*'  Be'Tr'Pr"-    fo  is  and  ought  to  be  owned  ;  which  I  the  rather  note,  becaufePro- 
Digeft  0.  $.  tit.  1.  De  Judiciis.  /^     te&ion  and  Propriety,  that  is,  Poffeflion,  is  no  further,  or  otherwife 
cook.tutiifo'n  M4«."  bT"  '"'■  '***      due  to  any  S^b)'eft  by the  Uw>  thcn  according  to  his  duty  by  the 
Note  this  well.  * aw  he  gives-  fobjeftion  and  aid  to  the  King  ,   Defender  or  the 

Law  •,  and  if  he  juftifies  the  pofleffion  of  Subjects  in  their  propriety, 
there  is  reafon  his  Subjects  fhould  juftifie  him  in  the  propriety  and  poffeflion  of  his 
power.  Which  fince  they  mainly  do  by  owning  according  to  the  Law  his  juft  Preroga- 
tive, it  becomes  them  to  confider  their  duty  in  the  point  of  religious  and  legal  obe- 
dience ;  for  by  the  favour  of  King's  have  good  Lawes  been  mude,  and  thefe  in  parti- 
cular which  conferve  Property  according  to  the  Notion  of  our  Text. 

Ncejuc  in  Regnoillo  prapeditur  alicjuis  de  Sale,  nut  tjuibusdam  mercimoniis  alii s  ad 
proprium  arbitriuna,  &  de  ejuoennque  venditoreprovidere. 

This  (hews  the  liberty  of  Englijk  ingenuity,  that  it  may  work  upon  any  trtingit 
judges  a  profitable  imployment  for  it.  For  as  the  enhanling  of  any  commodity  by 
one  perfon  or  more,  with  exclufion  of  others,  is  accounted  a  Monopoly,  and  fo 
againft  the  Common  Law,  and  againft  the  Statute  of  21  Jac.  c.  3.  fo,  ro  deny  any 
Subject  to  deal  in  what  he  fees  moft  convenient  and  gainfull  for  him  (  the  Commo- 
dity not  being  forbidden,  or  dangerous  to  the  Publick,  but  fuch  as  confifts  with 
honefty  and  ufefulnefs )  I  humbly  conceive  to  hinder  him  of  this  (  where  no  to- 
pique  Priviledge  according  to  Law  is  co-operating  with  fuch  impedement)  is  toa- 
bridge  him  of  his  Right  ^     for  the  Text  fayes  ,    Neque  in  illo    Regno  pfapeditur 

Altqnis.~\ 

•All 


A  Commentary  upon  Fortbscue,  q.$$ 

All  fortofviduals  men  may  eat,  and  all  forts  of  ordinary  cloaths  men,  thatcanpny 
for  them,  may  wear  and  in  any  Merchandife  men  in  open  places  by  buying  and  felling 
may  trade,  and  with  whom  they  will  buy  and  fell  or  not  they  may  pleafe  -,   the  Land 
is  open  for  all  induftry ,  and  trade  both  home  and  forein  not  embargued  .-    for  though 
the  Corporations  for  Trade,  fuch  as  are  the  Merchants- Adventurers,  and  thofe  that 
trade  to  Turfy,  Mufcovia,  Eaflland,  the  Corporation  of  the  Merchants  of  Excettr,  «h.  y.c.c. 
and  the  Ea^- India's,  were  firft  ereded  and  fince  continued  to  regulate  trade,  and  to 
prevent,  by  the  prudence  of  their  own  experience  the  overdogging  of  Markets,which  is  Sie  }hr  PrtdmU, 
apt  to  be  when  every  perfon  that  will,"  may  trade,and  for  what  proportion  he  pleafes,  to  »  *»  •?'«*« «/ 
the  ruin  of  the  commodity^  while  neceffitous  men,that  muft  fell,fell  at  the  rates  foreiners  *  Jac- c  '■ 
will  buy, and  fo  the  purfes  of  the  Subjects  of England  are  emptyed  to  fill  thofe  foreiners, 
to  whofe  Markets  fuch  Merchandifes  are  fo  unproportionably  carried.  I  fay,  though  on 
thefe  and  other  grounds,  Corporations  reftrained  fuch  from  trade  to  thofe  places  who 
were  not  Members  and  fubmitted  to  the  Government  of  them  •    yet  in  all  other  cafes 
Trade  was  ever  free,noc  onely  to  Aliens,  who  by  the  Stat,  of  9  IT.  j.  e.  1.  27  E.  i.e.  2. 
11  R.2.  c.j.  1  H.  4.  c.i  7.  14  H.  6.  c.6.  and  many  others  by  which  they  were  permitted 
to  fell  the  commodities  they  brought  in  grofs.or  in  retail, f  notwithftanding  any  Charter 
to  the  contrary )  but  alfo  to  native  Subjeds,  who,  during  the  time  of their  Princes 
Warrs,  being  charged,  ought  indifferently  to  enjoy  all  the  benefits  of  their  moji  happy  peace 
fo  fayes  the  3  'Jacob.  6.     which  there  fort  gives  liberty,  notwithftanding  all  former  Char- 
ters to  the  contrary,  to  all  his  Mayflies  Subjects,  from   henceforth  at  all  times  to  have 
free  liberty  to  trade  into,  and  from  the  Dominions  of  Spain,  Portugal,  and  France,  &c. 
fo  the  King  be  paid  his  cuftoms,  and  the  freedoms  of  Corporations,  Cities,  and  Towns 
not  infringed ;  fo  that  the  like  reftraint  on  Salt  in  France,\s  here  on  no  Merchandifable 
Commodity  whatever,  other  then  fuch  as  is  charged  by  Ad  of  Parliament,  or  Royal  cook.  4  iaftu. 
Mines,  which  are  Mtra  Regalia,  as  the  Tynin  Devonfhire  and  CornwaS  is,  which  IYm^cZ  °f 
being  the  King's  in  the  right  of  his  Seigniory  in  the  Vutchy  of  Cornwall,  is  his  commo-  Z  *B' " 

modity,  and  from  his  Farmers  to  be  bought  •,   but  once  of  them  bought  is  freely  to 
be  traded  in. 

Re x  tamen  neaffaria  dtmus  fua,  &c.  ~\    Concerning  this,  fee  the  foregoing  Notes 
on  this  Chapter,  and  the  fevcral  Statutes  therein  quoted,  which  do  confirm  the  Text  . 

in  the  feveralities  of  the  Chanccllout'saffertion. 

Necjue  Rex  ipfe  per  fe  aut  Minifiros  fuss  Tallagia,  Subftdit,  ant  <jtt£vis  d- 
lia  onera,  &c. 

Concerning  this,  fee  the  Notes  on  the  ninth  Chapter,  which  do  confirm  what  here 
is  in  our  Text.    Bleffed  be  God  and  our  Kings,  the  cafe  of  England  is  not  like  that  of  'ft  p««*'nun>" 
Rome,  wherein,  every  man  of  power  thought  him f elf  but  pitifully  accommodated,   if  he  {KitlUm  fr'<Lw 
did  not  fit  his  foot  upon  the  neck,  of  the  Common  Wealth,  and  trample  down  the  Majefly  (""»"•  &  **»'- 
•/  that  to  fet  up  his  own  Greatnefs :    Bit  fuch  as  makes  the  generality  of  the  Subjects  '"  t'^tJ' 
rishand  happy,  and  the  Prince  happy  in  governing  fuch  wealthy  and  weM-irdered  people.  J>»r<ft<u.  «*. 
And  by  realbn'of  this  freedom  is  it  that  the  Text  fayes,  that  the  pooreft  man  in  En-  I**' '  ^JfiL 
gland ufes  fr:  tins  quos  fibi parit  terra fna~}  that  is,  eats, drinks,  fells,  wears  whatever  tiu^c^iZnu* 
hehasgrowirg  ■,  yea  candifpofeofany  emolument  that  he  gets  propria,  vel  aliena  Exmi""  *&•* 
indnflria,  that  i9,  by  his  labour  or  others  kindejiefs  to  him,  ad  libitum arbitriumvt~\  "^nani* '«»- 
as  he  pleafes,  without  asking  any  leave  to  fpend  or  give  it ;   for  though  a  man  may  not  c"  «£senec  at. $.'. 
bnmhistioufe,  becaufe  that  is  deftrudion  and  may  tend  to  the  ruine  ofother  men,  DeBenefic- *■•'*• 
whofe  houfes  by  contadion  or  Neighbourhood  may  be  burned  alfo-,    yet  any  man 
may  fell  his  freeho'd  or  pull  it  down  (  no  cuftom  being  in  the  Mannour  to  the  contrary ) 
and  ufe  his  Land  to  what  kinde  of  purpofe,  not  forbidden  by  Law,  he  pleafes :  fo  much 
does  the  Law  of  England  favour  propriety,  that  it  fubmits  every  thing  to  it  that  may 
confiftwiih  the  publick  and  other  private  interefts  intermixed  with  it. 

Vnde  inhabitants  terram  UUm  locuplites  funt,  abundantes  auro,    &  argento,  & 
cur.His  ntieffuriis  vitt. 

This  Vnde  relates  as  well  to  the  freedom  of  Trade,  as  to  the  Subjeds  exemption 

Z  z  z  2 


^)6  A  Commentary  upon  Fortescue. 

from  unreafonable  arbitrary  and  un-Parliamentary  Taxes  •,    for  Trade  being  the  way 
to  get  eftates  and  freedom  from  vaft  contribution  to  the  publick  ( except  in  extraordi- 
nary occafions,  when  all  lying  at  the  ftake,  all  is  due  to  the  Common-  wealths  fcrvicc 
and  fupport )  being  the  means  10  preferve  an  eftate  fo  gotten  ;  the  locupletation  and  en- 
riching of  the  Nation  may  be  reafonably  afcribed  to  both,  and  they  both  be  allowed  the 
Vnde  here.     In  that  then  the  Subjects  of  England  are  faid  to  be  Lo- 
iiSHSaS;    «¥*»',  th«  is    Af,dut    for  fo  the  Law  of  the  twelve  Tables  de- 
Mm,   Budxus  mTtuiita.  p.  iii.b.     fines  it,  abaflibus,  id  efi,  tABre  dando,    when  men  are  fuch  as  an- 
Eiit  v»fcof.  faers  every  thing  that  is  required  of  them,  thisisonefenfeof  (a) 

(a)  lACHflti ptrrt   et  am  falls  if  tit-  .  't  ?     t  ■  .       r  l  re  /»-     ' 

*« ■haittfr.  m^nit udiniret  <,H*mcr,4,w  Locufles,  though  the  genuine,  one  be  from  the  great  poflcffions 

tun.  Thoioin  syntagm.  w.»*  r.i.ffti.  mcB  have,  for  which  they  are  termed  Locufletes r    Locufles  a  lata. 

(bjw.j."'"".!!.      'M'       '  hume,  hoc  eft  locorum plexus,  qui  pier aquekca,  id  eft,  qui  multat 

(c)Ub.  DeJeneftut.si.  poffcjfioncs  habet,  faith  Feftttj ;   and  with  him  accords  (b)  jgttiuti' 

J^ff^AVSS^     liAHl    ™d(fiT»ll7>    whcn  hc writes JV^r  enim Jen, I  affldmqut 
in.io.es,  Domini,  refertacellavinaria,  elearia  &  feuaria,  villaquc  tota  locu- 

fles  eft,  abundat  pone ,  hado,  agno,  gallina,  lafte,  cafeo,  meffe,  Sic.  intends  a  man 
rich  in  real  eftate,  Lands  of  great  revenue,  Rents  of  liberal  income,  futh  as  our  Law 
calls  men  of  great  Demeafnes  and  Freeholds  of  Inheritance  •,  for  though  in  the  large- 
nefsoftheword,  and  the  acceptation  of  Authours,  any  perfon  of  note  and  thing  of 
iVm.it.  value  is  termed  Locufles,  as  Annus  locttplts  frugibus  by.  Horace  ;  Locuples  at  reftrta 
W^jT«!i4.  Provineia,  Locttfles  eofiis  civit  at ,  Copitfa  plane  &  locttflts  mulier  by  TuUj  •,  Locu- 
ples &  fptcitfacloqucntia  by  guintilian  ;  and  Plato  with  Pythagoras  are  by  the  Ora- 
t  Be  i>ivm*t.  t0ur  termed  Locuflenjfimi  Author es  :  yet  the  more  proper  notion  of  Locuples  is  from 
fixed  eftates  in  Land.  And  thus  the  Chancellour  fayes  the  Sub jeds  are  Locupletes,  force 
of  them  rich  in  real  eftate,  others  in  perfonal,  Abxndantes  dure. 


»7»- 


Ctn.  xtii 
Cm.  xxiv.  j  $ 


Abundant  es  anro  &  argento  &  cunQls  ncceffariis  vita~]  This  is  meant  of  perfonal  eftate, 
which  confifts  of  Movables,  Money,  Plate,  Leafes,  Merchandifes,  Houfhold-ftuff,  Corn, 
Cattel,  and  other  things  money- worth  ;   which  are  called  neceffaria  -vita,   becaufe 
without  them  there  is  no  living  .-  for  money  being  the  nerves  of  all  commerce,  and  thac 
which  anfwers  every  thing  in  its  exchange  for  it.  !n  the  terms  Auro  &  Argtnte~\  are  the 
general  notations  of  riches  and  plenty  ■,    fo  Abraham  is  faid  to  be  very  rich  in  Cattel, 
q"n:l\i"t!'      in  filver  and  in  gold;  fo  in  fofeph's  brethrens  facks,  there  was  filver  and  gold  •,  fo  Sa- 
laant  j'oyns  filver  and  gold  together,  Numb.  xxii.  18.  &  xxiv.  13.  and  the  Gods  of 
the  Nation  arc  faid  to  be  of  filver  and  gold,  Pfal.  cxv.  4.  Dan.  v.  4.  and  foinfundry 
other  places  ••  by  which  it  appears,  that  our  Chancellour  fpeaks  according  to  the  ac- 
count of  portable  wealth,  which  is  reckoned  by  money  and  plate,  filver  and  gold  -,  and 
in  this  he  fayes  the  Sub  jefts  of  England  do  abound.    For  though  England  has  no 
w.  i.  x>t  Gai-    Mines  of  gold  or  filver,  as  Diodortts  fayes  France  of  old  had,  which  Forcatulus,  in  love 
l»°fc".™iJjir'p*  t0  h's  Country  perhaps,  is  ready  to  believe,  and  make  publick  for  Franc's  glory  • 
4«.  b.  yet  England  has  fuch  Staples  of  Cloth,  Wool,  Tyn,  Lead,  and  other  fuch  like  ufeful 

trafficks,  that  will  tranfmute  themfelvcs  into  gold  and  filver ,and  by  turning  and  binding 
the  ptny  in  trade  will  advance  the  Rent  of  Land,  the  Revenues  of  Cuftome,  the  Hire  of 
Workmen,,  and  the  plenty  of  living  •,  which  is  equal  to  the  having  gold  and  filver  in 
kinde,  fince  it  not  oncly  is  equivalent  to,  but  in  fome  degree  better  thus  then  it,  efpe- 
cial  ly  when  by  this  means  there  are  Catera  vita  neceffaria  purchafed,  which  is  Houfe- 
bold  furniture  of  all  forts ;  fo  that  the  Subject  is  not  oncly  rich,  but  accommodated 
neatly  and  correfpondently  to  his  condition,  having  bis  houfe  and  its  appurtenances 
compleat,  as  well  as  his  purfe  full. 

Aquam  ipfi  non  bibunt,  nift  quando  cb  dtvotiouis  &  fcenitentia  Ktlum  aliquanio  ab  a- 
liis  potibus  fc  abftinent. 

This  is  purpofcly  inferted  to  (hew,  that  necefllty  and  choice  are  two  different  im- 
pulfions  to  the  drinking  of  water.  In  France  the  Peafant  drinks  it  to  fave  charges ; 
nere,  when  it  is  drunken,  'tis  upon  religious  accounts,  for  penance,  and  humbling  of 
the  flefh  j  which  is  well  added  by  our  Text  to  bring  the  poor's  draught  into  the  pofii- 
bility  of  a  Prophet's  reward,  and  of  a  prophet's  praftice,  felf-  abatement,  which  is  the 

fenfe 


A  Commentary  upon  For  tes  cue. 

fenfe  of  thofe  three  words,  Devotion,  Penance,  and  Zeal,  or  ra:her  the  Zeal  of  devo- 
tion or  penance,  which  is  that  which  alo'ne  is  in  them  commendable  ^  for  there  is  no 
devout  foul,  tha;  i<  penitent  for  fin,  and  carts  himfeif  down  before  God  in  confcllion 
andcontrition  for  fin,  but  is  willing  to  deny  himfeif  any  thing  that  is  feweltothe  fire 
ofbis  ca  nal  lonibuluon .-  which  becaufe  liquor  of  mettle  is,  he  drinks  water.  Now 
this  she  <3.;nceilourfayes  the  Englijh  do  thus  drink  but  not  for  poverty-  for  fo  the 
Peafanc  does  not  aquam  bibere,  but  drinks  beere  and  wine,  the  former  commonly,  the 
other  upon  fealt-occaf.Ons,  when  alfo  They  eat  all  forts  ef  dyet  that  the  Seafcnand 
Cexntry  yields,  and  their  purfes  and  Jlomachs  wiH reach  too,  whether  fijh  or  fiejh, 

PannU.de  lank  bonis  ipji  induuntur  in  omnibus  operimeetis  [uU~\  As  all  Merchan- 
difes,  furniture,  meat,  ar.d  drinks  are  free,  fo  all  Apparel.  It's  true  indeed  here  have 
been  fump-uary  (4)  Lawes  to  reftrain  fuch  and  fuch  things  to  particular  degrees  •  but 
thofe  have  been  but  temporary  and  fhort- lived.  For  though  Inordinate  and  excejftve 
Apparel,  as  the  words  of  the  btat  3  E.^.c  5.  are,  is  ?  great  waiter,  cfpecially  when 
it  is  fuch  as  Nero's  was,  who  never  wore  a  fute  of  cloaths  twice ,  or  Heliogabaliu,  who 
did  not  onely  make  luxnriant  garments  for  himfeif,  but  Leonibus  &  Bcfiits  nobiliffimat 
farabatvtftes  ;  and  fo  Lollia  Paulina,  whofe  garments  were  all  trimmed  with  Pearl ; 
or  as  A 'gnppina,  Aurclian,  and  others,  who  all  were  very  extravagant  in  them, 
thefe  indeed 'tis  fit  fhould  be  reflrained  and  denyed,  *  If  men  witi  not  deny  themfelves 
the  having  them.  But  for  any  other  cloaths  to  be  denyed,  though  it  has  been,  yet 
at  thisday  itisnot;  the  Nation  being  fo  full  of  Gentry  mall  places^  that  the  younger 
brothers,  no  lefs  Gentlemen  then  their  elder,  think  themfelves  concerned  tooppofe 
it,  being  loth  to  fee  their  induftry,  fecundated  by  God,  to  be  eclipfed  by  Lawes  in  dif- 
favour  of  them. 

Etiam  abundant  in  leMfttrnit*  &  quolibet  fupelleclili,  cut  land  cong'nit,  inomnibut 
domibus  fuis,  nee  nenopulentiip/i  funt  h:.(tilimentu  domus,  ntceftariis  culturt, 
&  omnibus  qua  adfaliccm  vitam  exigantur  fecundum  flatus  fuos. 


457 


{*   37  E.  J.  c.  J. 
j  E.4.  c.$.  11  E. 
4. c  1.  1  H.  I.e. 
14.6H.I,  c.i. 
7H.  t.  c.  7    I 
Phil.  &  M.  c.  i. 
rhavorinus^nrf. 
10.  De  liominis 
Excellent!*,  c.i  j. 

*Siehisgrd- 
cious  Afaje- 
fties  Speech 
at  the  Proro- 
gation of  this 
Pari.  1661. 


Akiat.  in  Leg.  45.  p.  1 17,  it  vtrforttm 
Jigrtijic, 

(a)  2>ucd  faenrum  gru's*  ItSfi  in  Tern- 
plii  fternetHtntur,  *d  diJlmmUndstm  in  #- 
f  »/»  putlieo. 


,  I.  Di 


This  further  fets  forth  the  riches  of  the  Houfe- keepers  of  England'm  the  furniture 
of  their  Chambers  and  Rooms  for  their  Recreations  and  Callings, 
(a)  Abundant  LeBifterniu  fayes  the  Text  3  Th«fe  we  call  Bed-fteeds 
at  this  day  ■,  but  of  old  they  were  the  Beds  that  they  eat  uponin 
their  Solemnities  and  Feafts  devoted  to  their  Gods.     Hence  proper- 
ly Ltti'flermum  ( kom  Ulcus  &  fierno)  implyed  the  Preparations 
in  the  Capitol  for  Jupiter,   Juno,  and  Minerva  -,  concerning  thefe 
Livj   and  Valerius  Maximus  write :    hence  Plautus  terms  i  him 
that  doth  Ltttum  fternere,  (  as  W£  fay  )  cover  the  Bed  or  Table,  Le- 
Hi/lcrniator.     With  us  one  of  the«chief  furnitures  of  houfes  are  tbefe 
Lrtliflernia,  not  onely  Couches  but  Beds  well  furnifhed  with  Cur- 
tains, Vallens,  Counterpanes,  Hangings,  Blankets,  Pillows,  Tables, 
&c .  which  the  Text  terms  SupeHctlUid  J  thefe  the  (.b)  Civil  Law  ac- 
counts as  aforefaid,  and  (c)  Pliny  too  in  thefe  words,  Totam  fupeL 
leililem  ligneam ;  every  thing  alfo  that  was  ufefull  and  graceful!  in 
tny  condition  or  cotirfc   of  life  was  hence  called  Srpe/lex,  (d)Tur- 
nebus  ufes  rhlhfe;-hi*  fupeUex,  and  Servt  fpttletlicarii  for  the  War- 
dioper,  aYid  (e)  Tufty  has Oratorum  fupe/lex,  and  Vita  fupellex,  and 
Cogitatio    fnpel leiliiis  ad  delicias  ,    Lauta  &   magnified  fuptlltx. 
So  much  is  SupeHtx  changed  in  its  ienfe  from  what  it  firft  imported,  namely,  the  Tents      '' 
or  Receipts  of  Ambaffadours  when  they  went  their  journeys,  which  btino  covered 
with  Leather,  as  our  Sumpter-horfes  lading,    and  our  Portmanteaus  at  this  day  are,  s«ptitt£tiii>  orig,. 
(which  carryes  the  Jouiney-provifion,  and  thence  were  called  Supelletlilia  ,)  that  j^fT*"  ft 
now  every  implement  nOt  onely  ot  the  houfe  is  couched  under  SupeUetlile,  but  every  'i'Zm  ^c'jL- 
furniture  of  what  nature  foever.     Here  in  our  Texc  SupeUetlile  cut  Una  ccngruii]  figni-  rmm'  l"*"f.u. 
fies  the  furniture  of  Beds,  ftich  as  I  pre-defenbed ;   which,  though  they  are  now  made  "„"' ' ujlVtln't 
of  filks  in  great  abundance,  yet  in  Henry  the  Sixth's  time  were  of  home-bred,  and  Porntrioimitf 
home.fpnn  making      T>e  L«na  J  For  our  Anccfiours  in  the  Golden  Age  of  thrift,  kept  "Xfoifc'.  " 

their 


Lib  j.  *b  Vrbe. 

Valerius  Maximus  lib.  1. 
Nxpiiis . 

Th  tUt  LiSijiimiatir.  Tu  trgtntnm  t- 
Imtt.  Plautus. 

(b  Snp'Uix  ]  dimiflicnm  injlntmttttum 
TatriifAm'tlUt.  qttoit  netjue  Auro,  argento. 
tjut  fitff*,  vet  vtjti  odnumtrttur,  id  tf, 
res  mobiles  cujks  numero  fnnt  menfx  Trtpt- 
ZtCphiri,  Letts  snargerttxti,  Su>ontinus. 

(c)Lib.  5.  c.  I. 

(i)  tib.t.  c.  s.tib,  ij  e.  4. 

(e)  Lib  i.De  Orat.  »•■ 
Li1-.  De  Amicii. 
LH.  1.  Fhilio. ' 


X>» 


T  f. .  X1XX. 


4.58  A  Commentary upon  Fortes  cue. 

their  families  un-idle,  and  not  onely  killed  the  provifions  they  bred,  but  alio  made 
the  Hnnen  and  woollen  ihey  wore  ;  which  profitable  practice  being  brought  to  ma- 
turity in  the  houfe,  JheyVomam  Kingdom,  our  Law  terms  them  Sfinftirs  from  that 
property  of  a  virtuous  woman,  that  fo  to  do  Solomon  defenbes,  who  certainly  wrote 
what  in  that  cafe  was  The  tonclufien  ofvifdom :  for  the  houfe  being  the  place  of  rcfidence 
andfecurity,  does  then  beft  pleafc  a  noble  Matter  and  Miftris,  when 'tis  well  arrayed 
and  furnifhed  for  all  purpofes  of  entertainment  and  convenience ;  which  becaufe  the 
Houfe-keepersof£»£/««»^have  to  a  greater  proportion  then  is  ufual  any  where  elfe, 
yea,  to  fo  compleat  a  degree,  as  no  addition  is  almoft  poffible  to  be  made  thereto] 
the  Text  fay es,  they  are  Opulent  i  in  cmnibut  necejfariis  ad  quiet  am  &  felicem  vitam, 
[eenndum  ftattm  fuum,  . 

Nee  in  plaiitum  if  ft  ducuntur  nifi  coram  fudicibuj  Ordinariis  1.  See  the  Notes  on  the 
26.  and  27.  Chapters,  wherein,  what  concerns  the  refidue  of  our  Text  in  this  Chap- 
ter, is  written  upon-,  which  being  well-weighed,  and  the  differences  of  Defpotique 
and  Paternal  Governments  considered  by  the  good  and  evil  effed  of  them,  his  conclu- 
fion  commended  to  the  Prince,  is,  That  the  Lawes  of  England  are 
the  beft  rules  of  governing  England  \>y  •,  and  that  thofe  Princes, 
( Progeniteres  tui  as  his  words  are )  who  declined  the  obfervance 
of  them,  were  led  there,  from  by  the  Prepotency  of  paffion  and  the 
neglect,  of  juftice,  which  they,  as  Princes,  fhould  ever  have  prized 
above  all,  which  is  modefily  the  fubftance  of  that  which  heexpreffes 
in  thofe  words,   Et  nenne  ambitio,  lux  us,  &  libido  tjr.es  fradiSi  Pro- 
genitor es  tui  Regni  bono  praferebant,  eos  ad  hoc  coptmcrcium  cote  it  a- 
bat,  ]  which  he  requefts  the  Prince  to  confider  as  the  monition  of 
his  loyal  Servant,  for  his  Royal  peace  and  fame,  which  are  beft  pro- 
pagated and  advanced  thereby,    And  fo  he  concludes  this  Chapter. 


rb-rt.  *,  i»f  /«»*<•  Plato  lib.  1. 
De  Republ.f.  576. 


KICL,    K>     TV     (*    OttlCtt    Tttt     TK\H( 

j£  T  «M*  irttvm,  i»  5  tr-mK- 
hvh  ^  etrdTfijrti.  Plato  in  Mi- 
noe,».  56+.  inducit  Socracem 
fie  loauentem. 


CHAP.     XXXVII. 

SanBus  Thomas  in  libro  quern  RegiCy^ti  de  regimine  Principumfcripfit,  dicit,  Quod 
Rex  datur  propter  Regnum,  &  ntn  Regnum  prcfter  Regem. 


THIS  Chapter  commences  with  a  quotation  from  Saint  Tho- 
mas, and  from  that  little  Traft  of  his,  which  in  very  great 
duty  and  devotion  to  the  dignity  and  piety  of  Kings,  he  wrote  to 
the  then  King  oiCjprm  ■,  it  is  in  [he  order  of  his  works  placed  in  the 
feventeenth  Tome  amongft  his  Of  ufcula  :  and  though  it  beamongft 
his  Breviaries,  yet  it  has  many  vacations  with  me  from  feveral  ad- 
juncts of  confpicuity ,  which  juftly  may  be  attributed  to  it.  The  firft 
whereof  is  from  the  Authour  Thomas  Aquino*, whom  the  Text  terms 
rw  h,mna  papa  4  c»fM  EaUfi*.  irU  ^  Santttu  Thomai,  which  title  our  Chancellour  not  onely  gives  him  as 
£1^«E^^*    ^  was  fanned  by  divine  grace.and  a  Member  of  that  myftical  body 

ofChrift,  but  as  alfo  this  holy  man  was  canonized  by  Pope  John  the 
22.  about  the  year  13*3.  and  that  not  fo  much  for  the  piety  of  his 
life,  as  for  that  miracle  which  by  invocation  on  him  is  pretended  to 
be  wrought  on  his  decayed  Niece.     Now  though  this  Canonization 
(to  write  gently  of  his  Holinefs  and  his  Saiutings)  have  fome  tliirgs  in 
it,  which  in  the  defign  of  them  prefumc  thofe  that  by  it  are  ( as  far  as  it  can )  honoured  ; 
yet  the  many  natural,  religious,  learned  accomplifhments  he  above  the  reft  of  his  Con- 
temporaries had,  render  him  femi. divine  with  me,  though  he  were  abftrafted  from  his 
Rcgiftry  in  their  Calendar  5  and  thefe  (amongft  many  others)  are,  lirft.  His  Origin  was 
noble,  Aquino  in  Camfanj,  and  from  Parents  in  it,  as  fome  write,  defcended  from  the 
Earl  of  Apulia  and  the  Kings  of  Sicily  ;  or  as  others  from  the  Lowbard-Rzcc,  and  that 
Earl  of  Aquine  who  lived  in  Charles  the  Great's  time  about  the  year  800,  which  honour 
ofhisbloud  and  birth  no  doubt  kindled  him  to  great  endeavours.and  to  fuch  expreffjons 

of 


Ctgifnts  mini  quid  ssjferrem  VgU  eel- 
fitstdmi  digxum  mittfu  prefe/sitni  cmgrse- 
«wn  &  officio,  id  ncmrrit  poiifiime  tferen- 
d»m  nt  Tlegs  Ttg'i  dt  ts\egni  conferskerem. 
In  Trea&io  ad  tibrum. 

Tap*  pcttfl  i*mmi?*re  aliqium  appro- 
bando  cr  manifest  and*  ulicftjus  hominn  fan- 
Ihtaltn  £r  mi  Ecdcfit  pnponerc,  &■  «• 
rnm  vtneratientm  mandate  ;    nam  inter  pH- 


talis  ejus  adept*  a  ptsputt  vneratio,    J    F» 
iei  titiHs  Ecclefia    benefuia    slims  SanSi 
(ofitntu    uufirmano.     Baptifla    Rubius 
i«  T{*tionili  Dsviamtm.  Ofjic.  lib.  I.e. $1, 
p  lOJ.  lmprefs.  V«net. 


.lutar-vil*    Stu- 
ffs Aquinatit. 


A  Commentary  upon  Fortes  cue.  4.70 

of  an  holy  Magnanimity,   as  feldom  appears  in  the  brats  of  Plebeity.     Secondly,  The 
prediction  ot  his  after-proof  by  an  holy  man,  who,  when  his  Mother  was  with  childe 
with  him,   told  her,  She  was  with- childe  with  one  that  would  be  moft  famous,  adding 
his  name,  proiffion,  addiction,  and  acceptation  with  God  and  the  world,  Nee  resfan- 
ttijftmi  viri  mwtem  fefellit,  faith  his  Biographer.     Thirdly,  His  early  entry  upon  fe- 
riousfludy-,  for  coming  very  young  to  Naples,  he  quickly  mallered  Logick  and  na- 
tural Philofophy,  difputing  £o  notably  in  them,  that  every  one  that  heard  him  admi- 
red, and  expected  a  futable  progrefs.     Fourthly,  Hisdcclenfion  of  applaufe  and  pub- 
lick  fuffrage,  doiffringup  himfelf  in  a  Convent,  notwithftanding  the  many  temptati- 
ons and  civil  violences  he  had  exprcfled  to  further  his  confpicuity.    Fifthly,  His  obedi- 
ential obftinacy  in  embracing  this  order  of  religion  againft  the  commands  of  Theodora 
bis  Mother,  and  continuing  in  the  love  and  labour  of  it,  maugre  his  Mothers  Arti- 
fices to  remove  him,  and  his  brothers  vehemence  in  rending,  tearing,  and  abufing 
bis  Prieftly  habits.     Sixthly,  His  famous  Matters,  John  St.  Geminian  and  Albert™ 
Magnus,  who  were  fo  proud  of  him,  that  they  would  not  fuffer  him  to  lye  hid,  butfo 
proclaimed  him  to  the  World,  Vtea  Iptcema  non  jam  fub  tmdit  fed  de  candelabra  emi- 
saret.    Seventhly,  His  conftancy  and  abnegation  of  himfelf  for  Chrifi'j  fake,  refilling 
a  large  Patrimony  with  his  brethren,  and  after,    the  Great  Archbiftioprick  of  Naples, 
when  Clement  the  Fourth  prcfented  him  to  it.     Eigthly,  His  capacious  memory  which 
held  whatever  was  repofed  in  it.     Ninthly,  His  gen  eral  admiration  and  acceptation 
with  all  degrees,  Bifhops.Archbifhops.Cardinals  who  frequented  his  readings,and  grew 
famous  by  them.     Tenthly,  His  choice* friends  Clement  the  Fourth,  Vrban  the  Fourth, 
Gregory  the  Tenth,  Lewis  the  Holy  of  France,  Cardinal  Bonaventure,  Ptelomeus  Lu- 
cenfis,  and  Reginaldus  Privernas,  Birds  of  a  feather  flj  together-,  1  omit  the  miracles 
afenbed  to  him,  as  that  of  the  Woman  of  St.  Sabins  Mon&Hcry,  Rejnald,  &c,  becaufe 
I  think  them  queftionable :  but  thefe  prementioned  excellencies  concentred  in  him, 
rrude  him  a  Veifel  of  much  grace,  fit  to  glohfie  God  here  on  earth,  and  fitted  for  God's 
glory  of  him  in  Heaven.    This,  This,  is  the  Saint  Thomtu,  the  Authour  of  the  book 
quoted  by  our  Text-  Mailer.         ^ 

The  Book  this  roatchlefs  Authour  wrote,  was  of  the  Government  ef  Princes,  a  very 
high  fubjeft  worthy  his  incomparable  Genius,  which  made  its  neft 

with  the  ftars,  and  thought  thter  Texts  were  beneath  the  Majcfty       Liir<  v«  **  ^spW»«  pn«i>«w  u 
of  its  endowment  j  that  it  was  His,  is  praife  enough  to  it,  and  that    ^^IT^Zm'^mumU^'''  «■ 
he  wrote  to  a  Prince  of  Princely  qualities  and  offices,  commends  his    mtiimt  mmmu  t***r«mn,  »W«»- 
prudence  in  fo  proportionate  a  choice  ,  for  furely  he  muft  have  fome    $S*££i  ^£±£ 
rayes  of  a  Princely  minde  in  himfelf,  who  has  the  confidence  to  write     >«*.  en.  mji  <pud  cnaUtrim  /«4r»w  *«•- 
to  Princes  of  matters  purely  Princely,  and  to  treat  aptly  and  with     *mmJ*-?'  «""""  """&  '"""""' 
.  counfel  of  thole  fecrets  which  are  lock  d  up  irvthe  Cabinets  of  Gran-     iu,p    ^„t,rVit*tjm. 
deur,  and  to  which  none  can  unfacrilegioufly  approach,  but  thofe 
that  are  pious,  modeft,  loyal,  and  prudent  -,  and  fuch  in  every  degree  Saint  Thomat 
therein  approving  himfelf,  directed  his  thoughts  to  the  then  King  of  Cyprus.     Thefe 
thinqs  premifed  as  emphatique  in  that  our  Chanccllour  here  quotes  out  of  him,  we 
will  "humbly  and  in  God's  fear  confiderthe  particulars  as  they  are  pertinent  to  the 
order  of  our  Commentary.     . 

#  • 

Rex  datnr  propter  Regnum  &  non  Regnum  propter  Regem  ]  This  is  a  truth  no  wife 
man  can,  and  no  juft  Prince  will  deny  •,   for  God  inflituting  Government  in  nature, 
which  requires  fomttbing  regitive  in  every  multitude,  and  having  in  that  inftitution 
a  regard  to  the  generality  of  his  creatures  and  the  propagation  of  it,  though  he  place  oprut  ep  «m» 
the  power  of  order  and  jurifdi&ion  in  one  or  a  few,yet  does  he  it  in  order  to  thofe  many  "^'"ittZf1" 
whofe  good  he  therein  chiefly  eyes.   For  in  that  God  gives  one  the  Prerogative  and  a.\.t.  t.  oe 
Jurifdi&ion  over  multitudes  of  others,    'tis  not  as  that  one  is  fuch  numerally,  but  as  Reg'™'Be  Ptin- 
that  One  in  number,  is  Many  and  AM  indignity,  as  having  a  divine  Vicarage  in  hin"i,  c'F"m' 
in  the  worth  whereof  he's  worth  tooooo'f  them,  the  Sun,  Shield,  Father,  Oracle,  the 
Allofthem.     Andhence,  though  true  it  be  that  the  -Philanthropy  of  God  difplays  it 
felf  in  putti.ig  the  Many  of  his  creatures  under  One  for  their  good  and  profit,  which 
is  Rex  datnr  propter  Regnxm  ;  3  yet  true  alfo  it  is,  that  though  multitudes  are  not  made 
for  Holocaults  to  the  rage  of  Princes,  which  is  Non  Regnum  propter  R'egim  ~]  yet  com- 
fort' 


Atfo  A  Commentary  upon  Fo'rtescu*. 

fort,  obfervances,  ar.d  fupports  of  Prir.cesthcy.are  appointed  to  be,  and  Princes  that 

love,  govern,  and  difcipline  ihcm  deleive,  ex  epcre  operate,  they  fhould  be  fuch  to 

them  ■   and  therefore  God  has  endowed  Princes  not  onc;y  with  fuch  qualities  as  are  at- 

,,    ,  tractive  of  Subjc&sloves,  and  have  cogency  on  thewife  and  worhy  of  ihem,  Jufiice 

v£.*"  ,v<  andGenerousnefs,  whereby  their  hearts  arc  pleafingly  and  to  their  profit  flolnefrcm 

,  **   Bj*'J!  themfclves  and  fet  on  their  Princes  with  refolutions  of  loyalty  and  reverence  towards 

*?*  **  ?»i  them-,   but  alfo  with  fuch  ad  juments  of  extern  terrour,  as  fhall  make  the  good  fafc  in 

*'*"**  Jf*.       their  fidelity,  and  the  refraftory  punifhed  for  their  mutiny  and  diforder.     Now  this 

*  VZ  '*"  Doftrmeoi  the  Text  quoted  out  of  Aquinas,  all  good  Princes  have  in  the  fenfe  of  sr. 

rh'     n       Thomas,  and  all  good  Authours  owned,  cfpecially  our  own-     fo  is  the  fenfe  of  the 

lib.  i.  L>e      preambl'c  t0  tile  ,  £.6.e.  i:.  (hewing,  that  Princes  as  Fathers  are  to  make  L  awes 

Kep.  p.  570.  j^  futing  t0  thc  tempers  of  their  people  ar.d  to  the  time  of  their  Reigns :  foKing 

k.  j*m„  inhis  fames  of  bit  {fed  ik  emery  acknowledged  the  duty  of  Kings  in  thofe  words,    As  a  living 

^.f^M,'  father  and  carefuUvatch-man,  caring  for  them  more  then  for  himfelf,  knowing  himfelf 

,wr"  »..  p"  15,'j.   to  be  ordained  for  them,  and  they  not  for  hint;    and  therefore  countable  to  thdt  great  God 

of  his  woiki  in  ^0  iiMt£  him  as  his  Litvtenunt  over  them,  upon  the  peril  of  his  foul,  to  procure  theweale 

f°1'0-  of  bah  fouls  and  bodies,  as  far  at  in  him  Ijeth  of  all  them  that  dre  committed  to  his 

charge,  &c.    not  to  encourage  their  Subjects  petulancy  and  peremptorinefs,  (  For 

though  Princes  art  fo  generous  that  their  Subjeils  cannot  ask.  more  then  thtj  can  give, 

jet  Princes  may  referve  to  themfelvestheincommunieable  JeVrel  of  their  cenfeience,  and 

p.1*.  Eia  oftw.  not  be  force  d  to  part  with  that  rrhofe  lofs  nothing  can  repair  or  requite-,  )   but  to  minde 

themfclves  of  their  account  to  God,  which  as  Fathers  they  are  to 
o»4#rn4f.r«  4  »*vtm  ctntr*  rMrh     make,  and  to  their  Subjects,  as  to  their  Children,  toexprefs     and 

jWtfrt^/STSS  bV  which  thcy  irYfinlce|y  dc[crve  morc  'ovc  and  fopporctben  ever 

mniutudini:  <t  «* am  nmui  con/trvinr.  they  have  from  them,  be  they  never  .10  dutiful  and  open-hearted 

^^....rfw,  ,««™m,  /.<«t,  »«  to  them.     And  therefore  Kings  being  as  Angels,  Vati  d  divina  b»- 

fin  iffi  nmji  Lib.  i.  z>«  1&.  lynw*  mtatt  propter  homtnet,  non  felnm  Chrijtianos,  fed  &  Gentiles,  & 

fnm.  c.  ».  f  .217-  cuiuscunque  generis  at  que  conditionis,  as  *  Phavorinus  fayes  of  them  • 

c  »  U!\v  Ex""""i""m"'i!-  f'"-  '•  whatever  can  be  attributed  to  them  without  fin  and  flattery  is  very 

*  ta. ft.  Fumble  ..  ,hc B«t. ,  fa*     h*hlY  duc  *  'hem  \  and  bAut  **  bare  d"Y  and  ™c  frperero- 

gation  of  Subjects  to  them.  And  therefore  this  pofition  is  true  in 
its  juft  and  prudent  fenfe,  in  which  oncly  our  Text-  Mafter  quotes 
it,  and  I  after  him  difcourfe  on  it ;  for  in  the  Anabaptiftique  and  fefuitique  fenfe  of  ju- 
dicial power  in  multitudes  over  their  fupreme  Vagifttates,  'tis  treafonous,  execrable, 
irreligious,  anti-fcriptural ;  'tis  all  that  is  peftilcnt  to  Monarchies,  difhonourab!e  to 
.Religion,  and  every  way  unfafe  for  the  facred  perfons  of  Princes.  Concerning  thefe 
things  then,  I  having  written  in  my  Notes  on  the  13, 14,  and  15.  Chapters  of  this 
Book,  I  fhall  purfue  it  here  no  further,  onelypray,  That  Princes  and  People  may  ever 
keep  clofe  to  the  LaVets  of  their  Sovereignty  and  Subietlicn  ;  for  otherwife,  Nulla  eft  fecu- 

un.  1.  1  1.   .uc        .  f  ,  r    .     .J  a  17  )•/•      i-  r  ■  1         ■« 

Regim.  Fiinci-     ritat,  Jed  omnia  Junt  tncerta  cum  a  jure  dijctdttur,    nee  conprman  qutcquam  pcteft  quod 
pum.  pofitnm  eft  in  alterins  voluntate,  ne  dicam  libidine,  as  Aquinas  his  words  arc. 

Q**re  Rex  qui  hec  per agertnc quit,  impotent  eft  necefariojttdicandus.     Sed  ft  ipfe 

paffonibus  propriis  ant  pennriaitkopprtffus  eft,  quod  manns  fuas  cohibere  nequit 

k  depilatiine  fubditorum  fuorum,  quoipfemet  ees  depauperat,  nee  vivere  fmit  & 

fuftentari  propriis  fubfidntiii  fuis  :   quanto  tunc  impottntior  Hit  judicandus  eft, 

quam  fi  eos  defendere  ipfe  non  fufficeret  erga  aliorum  injur i.u  ? 

Here  the  Chancellour  fhews,  that  as  theMaftcry  men  act  over  themfclves,  is  more 
noble  then  that  they  can  over  others-,  fo  the  weaknefs  men.  expreffe  in  being  con- 
quered by  their  lawlefs  wills  and  reafonlefs  paffions,  is  more  notorious  and  defamatory 
then  to  be  viftor'd  by  an  Adverfary  ■'  and  this  he  applies  in  the  reafonofit  to  Prin- 
ces in  order  to  themfclves  and  their  Sub  jefts-,  for  God  having  endowed  them  with  di- 
vine fouls,  and  with  Authority  over  their  Subje&s,  men  in  common  nature  with  them, 
and  to  whom  they  as  Fathers,  shepherds,  and  Guardians  ought  to  evidence  them- 
felves^  for  fuch  to  fauciate  and  exhatlft  them,  and  by  a  leontine  voracity  to  confume 
them  and  theirs,  and  all  to  bring  their  Wills  to  be  the  Law,  and  their  plcafures  the 
Iron- Saw  by  which  they  hackle  the  perfons,  fortunes,-  and  freedoms  of  their  poor  Val- 

fals, 


c.  it. 


Lib.  I.  «.  I.    De 


A  Commentary  upon  Fortbscue,  4<5i 


(lis,  is  an  aft  of  truculency,  fo  altogether  unmanly  and  rvregal,  that 
Polybitu  fayes,  Nothing  is  more  execrable  tkn  the  injury  and  avarice 
of  Goverttours  ■,  yea,  lb  to  doe  is  not  onely  to  be  an  enemy  buc 
worfe  then  an  enemy,  a  worrier  of  the  flock  he  by  office  is,  and 
by  affcftion  pretends  to  love  and  keep .  .  Yet  this  is  the  unhappinefs 
ofabfoiUteGreatnefs,  that  while  it  mufters  and  marfhals  forces  to 

eviftfortin  affault  and  iubjtfts  fedition,  it  felf  is  found  guilty  of   f  latum;  ejusmedi  fr<?»f  Reges 
violence  and  depredation  upon  the  lives,  eftates,  andferenitiesof    Prinapes    Romani,  Ulpiani 
its  Subjefts,  to  whom  becaufe  it  does  by  a  pravity  of  will  and  a  vi- 
cious affeftation,  which  it  may  if  it  willrehft,  do  that  which  is  un- 
juft,  therefore  is  Impotentior  |  lefsvirtuoufly  juft  and  abundant  in 
true  fortitude  then  that  Prince  is,  who,  though  he  has  force,  yet 
dare  not  fight,  becaufe  his  number  is  not  fuch  as  he  promifes  him- 
felf viftory  by  ^  and  fo  by  tear  fuffershis  Subjects  tobefpoiled, 
whom,  by  a  manly  venture  and  a  mafculine  performance,  he  might 
havefeenred.     Now  this  impuiflance  our  Chancellour  layes  down 
as  God's  punifhment  of  vice,  which  fo  allaycs  the  foul,  that  by  un- 
innocencing  ir,  leaves  onely  in  it  a  pnvidnefs  and  irrefolution  to  any 
aft  of  Heioickr.efs,    that  look  asan  unchafte  wife  cannot  comfort 
bcr  felf  ag  unit  all  the  infirmities  of  life  and  crofTes  of  her  Marriage      dafus  dc  Reg.  Gallia.  Annor 
flate,  That  fhe  has  a  good  confeience  to  God  and  her  Husband,     in  Pandetl.  p.  49.  Edit,  Vai 
whom  by  difloyalty  fhc  has  noc  abufed;    fo  a  Prince  that  is  never 
pleafcd  better  then  when  he  by  negligence  reduces  himfelf  to  Araks, 
and  then  mercilefly   relieves  them  upon  his  Subjefts ,   Dtpilati- 
one  fubditornm  j  frequently  ■,  not  once  and  away,  but  to  fuch  a  pro- 
portion as  it  may  be  faid    Dcpanperat  fubditos  :  J  and  to  fuffer  his 
Subjefts  fo  to  be  made  mifcrable  by  it,  as  Nee  fmet  vivert,  &  fuf- 
tmtart  proprm  fubftantiis .  ]  Surely  thus  to  put  the  Yoke  of  fervitudc 
on  >ubjcfts,to  gratifie  the  licentious  Infubjeftion  oi  the  Prince's  Soul 
to  Rcalon  and  Religion, feems  to  bo'de  ill  to  any  prince  that  is  guilty 
of  it.  And  iherefore"/,r^v<*//>c/,C«*£7/«  his  favourite  did  friendlyly 
by  his  Mafler,  whom,  when  he  faw  Perfianlj  luxurious  and  rubi- 
fied by  an  high  and  ranting  compotation,  he  with  civil  affeftion  and 
ma  jefty  of  prudence,  admonifhed  him  from  reiterating  fuch  a  King- 
let jovial. y',   telling  him,  That  Kings,  who  are  the  Chiefs  of  Na- 
tions, en  whom  all  their  ejes  are,  and  after  whofe  examples  they  all  do, 
tught  to  be  Vcarj  what  thej  it,  leaft  bj  an  ill  Prefident  the  J  undoe  thou- 
fands  of  their  Sub,tSts  ■,  for  one  ill  example  (hall  more  pervert  then 
many  good  Lawes  can  reftifie.      And  therefore  one  of  the  moft 
Kingly  qualities,  that  mortality  is  capable  of,  is  Self-Mafiery  -,    becaufe  where  that 
is  endeavoured  by  us,  and  from  God  confolidated  to  us,  we  are  able  to  keep  our  pro- 
fpeft  into  things  clear,  and  not  judge  by  thefalfe  Glafles  of  extremes,  which  magni- 
fie  or  dirmnifh,  multiply  or  leffen,  as  ouraddiftions  tothofc  vices  are  more  or  lefle 
prevalent  or  intenfe;     for  ftill  judgement  being  obfufcated,  our 
power  is  transferred  to  that  we  are  enjoyed  by,  which  is  the  viftor- 
Iuft     Therefore  where  ever  wifdom  refides  in  Princes,  I  mean  not 
onely  ca.hedrally  but  perfonally,  there  is  in  thofe  Princes  a  con- 
ftant  ftudy  to  keep  free  from  all  PrcoccupatioRs  j    and  fo  to  afcribe 
to  others,  as  not  to  exclude  themfelves  the  liberty  to  confider  and 
judge  what  they  themfelves  are  to  doe.     And  this  trucly  I  think  we 
of  this  Nation  have  very  really  and  to  a  miracle  of  Regal  Constancy, 
feen  in  that  once  Father  of  us  all,  whom  I  take  leave  frequently  to  quote  as  my  Oracle, 
King  C»*rl"  the  Firfi,   whom  no  adverfity,  no  edipfe,  not  even  that  of  death,  Kingly  Con' 
could  make  recede-  from  his  refolution  of  Patronage  to  the  Church,  the  Law,  the  flancy. 
Crown,  the  ubjeft , '  to  all  thefe  he  being  firm,  gave  not  way  for  fear  or  hope,  but 
quitted  himfelf  as  a  Chrifhan,  whofe  graces  had  mattered  his  infirmities.     And  the 
fecond  to  him  is  his  Son,  our  now  Gracious  Sovereign,  who  by  that  fixed  irnmovable- 
nefs  that  he,  notwithstanding  all  temptations  to  the  contrary,  retained,  and  in  the 

A  a  a  a  Aft" 


ovity.;i.   l'o. yb.  lib.  1.   p  b*. 

n«fXiS*(i7AH* ,  ejuafi  dicas, 
Regnum  omnibus  numeris  ab- 


tempore,  nihil  jam  prifca,  ei- 
vilitatis  retinentes,  omnia  ar- 
bitrio  fuo  Siatnentes  ,  ut  & 
nunc  Reges  noftri  font,  cjui 
omnia  in  pstejlate  h.ibent,  qui- 
que  ut  Homericus  ille  Jupiter, 
quequo  fe  verterint,  omnia  cir- 
sumagunt ,  nutu  qftiam  foli 
omnia  quatientes:  deniaue  Hu- 
mani  Joves,  fedqui  tamen  ho- 
minvm  more  emoriantur.    Bu- 


cof. 

Mud  natura  Men  patitur  tit 
aliertim  fpoliis  nofiras  faculta- 
tes,  copins,  opes  augeamus,  hoc 
enim  expeclant  leges,  hoc  enim 
incolumem  effe  Ctvium  con~ 
juncl'ionem,  qttam  qui  dirt- 
munt,  eos  morte,  exilio,  vinctt- 
lis,  damns  coercnt.  Jacob. 
Tapia.  lib.  2.  De  triplici  bono 
f>   vera   hominis  Nobilitate. 

P  M5- 

Turpem  dicms  ebrietatem 
in-Rege  quern  otuli  omnium  au- 
resque  fequerentur,  Seneca 
lift.  $Dt  Ira. 

«  Herodotus//*.  3.  fflfi. 


futtns  ttitm  nn  folum  .1  fiffatn  vtrU, 
virum  ilium  «  potiir  dtdxu.ur.  Tutneb. 
lit,  if.  c.  24. 

Non  tnim  me  cui^uam  mindpavi.  naU 
tim  mmtnfero.  mmltornmmagnorHmvir9^ 
rum  indicia  creit,  MiqHid  ir  ""'   »'»'#'■•.' 
8:nec.  £/>.  ^'j. 


4-tfl  d  Commentary  upoti  Fortescue. 

speech  at  ti«  o.  ^ft  of  Oblivion  and  Indempnity  exprefled,  which  He  calls,  The  principal Comtr- 
pariiament!' C  ft*"*,  *hick  fupports  the  excellent  building  cf  this  Government.  Dtclared  fuch  a  piect 
u6i.  of  father Ij  tendermfs  and  pietj,  us  could  proceed  from  no  heart  but  fuch  an  cne,  in  whi.  h 

L  Cth?hel'Tnd  ^**  ^4/*  treafurtd  up  a  fto.  k.  cf  mercj,  and  juftue,  andwifdem  to  redeem  a  Nation^ 
fhereun^an-"  they  arc  the  words  ot  His  Ma  jetties  gtcac  Chanctllonr  .  and  of  them  I  may  fay  in  Bn~ 
neKtd.  dtus  the  Parifian  Chancellour's  words,  Mercurialis  hie fermo,mentium  fi'.bimiumin- 

uri^m  ««'  m-   tfpres  eft,  mirificorhtKejHC  fenfuum  enarrator  difertus  &  cofiofus.     But  1  return  to  the 
pirn**.  p.to.  b.  occafion  of  our  initancc,  which  is,  The  neceility  of  Power  in  Princes  to  refufe  paffions 
e<Li.  v»ic»i.       y/hen  they  are  not  co-incident  with  reafon,  which  power  unlcfs  they  have.be  they  never 
fo  great,  they  are  ImpetentU  nexubus  vinculati,  J  and  with  King  fobn  will  put  their 
Crowns  under  fervage  rather  then  not  be  revenged  of  their  oppoiites :    which  ill  ha- 
bit and  dtltemper  of  foul  is  that  remain  of  fin  unmortified,  which  thief-like  having 
.    '        once  crept  into  the  houfe,  opens  the  doors  and  lets  all  its  Comarado's  in  to  him  ;  and 
«T»™««  "•»"   ib  this,  being  the  effect  of  incontinence,  not  keeping  dedres  within  their  prifon,  car- 
Hpw"  **""  riesthemto  all  theexpreffions  of  vageiiefs  and  immorality,  fothat,  no  bounds  being 
!I7iI^w!  io"1*'  obferved,  they  lye  open  to  all  kindes  and  all  degrees  of  tranfport.    *fwas  a  rare 
«.«.'  charge  Athdftane  gave  the  Fathers  and  others  in  the  Council  of  Gratelean,  J  would 

^  ,«'™»'r"£   ^*ve  ;«*,   f*»th  he,  doe  bj  me  as  our  Lord  Jefus  commanded  Vec  all  Jhould  doe  ;    Doe  as 
quii.^m  vthi  f*-  we  would  be  done  by  :    Give  me  therefore  onelj  what  is  mj  right  as  jour  King,  and  keep 
rmra,  tfftnfuium  wij4t  -u  q0£s  rjghi  tt  \jti  Hjgt  And  what  is  jours  to  jour  [elves,  that  none  of  jou  or  jour 
mjtra*  comitau.  creatures  may  bj  wrong-doing  dtferve  and  have  the  dtfvlcafure  of  God  andofme,  1  hus  this 
>pe!manin  c«»-  King,  whole  potency  over  his  will  and  paftion  rendred  him  more  like  God  then  his 
chtifo'is''^"    throne  did,  without  which  he  had  been  but  Polyphcmized,  goodly  ftatured,  yet  de- 
fective in  the  main  inftance  of  and  ingredient  in  his  admirablenefs.     By  this  then  it  ap- 
pears that  our  Law  confidering,  and  our  Princes  willing  themfelves  to  be  confidered 
politick  Monarchs,  whofe  Soveraigntyes  admit  mixtures  of  paternity  to  them,  did 
onely  intend  fuch  practice  of  power  over  their  fub  jetfts  as  fhould  render  them  able  to 
fupport  themfelves  by  their  fubjects,  and  willing  (their  fubjects  in  fuch  fubje'ri- 
On  to  them )  to  preferve  in  the  free  ufe  of  what  God,  Nature  and  Induftry  had 
made  theirs.    This  is  the  fenfc  of  all  that  the  Chancellour  doth  or  can  write  on  this 
argument,  for  the  glory  of  a  King  is  to  be  Liber  in  his  Prerogative,  and  Fttens  in  hi* 
Subjects-,    fo  is  the  King  by  his,  How?  His'  virtue-regal  fecureshimftlf  and  his  Sub- 
jects Erga  propriam  paflicnem  &  rapinam,  and  fo  declares  him  and  them  Libert.  ] 
And  then  that  he  is  able  to  defend  them,  Eerum  tsuoquc  bona  &  facultates~\  and  theirs 
from  affanlts  of  enemies,  thieves,  robbers,  andfeditions  by  Sea  and  Land-   this  de- 
clares him  fotensby  them,  and  they  potent  under  him.     For  of  all  things  in  the  world 
themoft  fovereignexpreflionofwifdomis,  2«f«p  t»  <ra.7fix  ¥3w,  &c.  To  keepclofe  to 
ill.  %.t  oMtiV.       f^e  £aVrts  °f  °»r  Countrj  and  the  civil  cufiomes  of  our  fore- fathers,  and  to  live  by  the 
*'Ek  [Aav     Written  LaVves,  and  bj  them  to  judge  of  all  men  and  things,  which  happy  compact  ac- 
•\-vyIw  «  ot-   comphfhes  that  felicity  which  *  Foljbitss  fayes  Licurgus  brought  to  his  Country, 
Ki¥    avJ^ha*.  when,  by  the  right  fettlement  of  equality  between  men,  He  did  fo  cement  them,  that 
iLmipfcmiHK.    they  did  jtjn  together  into  one  common  Soul  axd  City  of  civility  andwifdom.     For  though 
Potyb.  lib.  s.      wife  Alphonfus  of  Arragon,  whom  Panormitan  ihles  Rigum  gloria  &  fapitr.tii  tx- 
Lil'i  D,Gtnn    emP'4r*  thought  it  folscifmous  Rrges  ab  aliis  regi,   &  Duces  ab  aliis  duci,  calling 
Aiphonf.  thofe  that  would  do  nothing  without  their  Councils  concurrence  ,   Confiliariorum 

Mancipi*  ■,  yet  that  Vaxime  of  fo  doing  will  remain  the  eternal  ho- 
'Er«  A  <f  <ti)xi<t(  7»  7m&.-     nour  and  fecurity  of  Kings :    For,  [wee  the  Lawes  of  Nature  and 
$<uy»*  w    wireta    iOa,    £  -j£     Nations  prefcribe  it,    to  do  otherwifets  to  be  injurious  to  their  durable 
t'oixifvt,    Philo.  lib.  de  virtu-     and  wife  enallicr.s,  which  the  pnftinc  Kings,  poljbius  gravely  tells  us, 
tibus  &  vitiis.  p.  295.  did  fo  devoutly  abhorr,  that  as  they  were  chofen  for  their  abilities 

K*t«"  TiJ*  f  yvZpn  ^  to  of  intellect  and  refolution-,  fo  did  they  not  fo  much  as  think  of 
teyoy.'S  Jia<fo&f.  Polyb.  lib.  6.  bringing,  tIw  Bauk***  «<  tj£ *n  i^*,  &c  their  Government  under  the 
p.  4 J  5.  vafjallage  of  thiir  luwiefs  and  corrupt  wills,  «A\a  7m&.T&.nr.ov  X^p  7hu 

ftiolelcLr  -milt  ccMc/v-,   but  invigilated  their  charges  and  were  net  haughty 

'Oxsif  irivnt  TtuiTa  tjwrc^'jiK     and  rigid  but  calm  and  familiar  with  them  ;  and  by  this  preference  tf 

i  v?«,  irri/j.yja.  mip&ovrv  iy  A-     juftice,  lenity ,  and  temperance  to  fierce nefs,  Wrath,  and  luxury,  which 

Kaionm  ifinfirn.  Plato/i*^.  I.     F/*r»  prefenbes as  the  very  neceifary  project  of  Princes,  and  which 

deLtg.p.  774.  renders  them  truely  worthy  -,»andth:refore  the  delight  and  blefiin^ 

of 


.   A  Commentary  upon  Fortescue.  463 

of  their  Sabjefts.     This  then  to  be  able  to  doe,  notwithstanding  the  temprations  of 
felt-accommodation  to  the  contrary,  is  to  be  potentior,  liberiorve  ~\  then  any  King  can  be  • 

who  can  deny  him  nothing,  will  and  power  can  accumulate  to  him ;    tor  this  winch    • 
fufficit  feipfurndtbellare,  as  the  Text's  words  are,   isonely  the  felicity  of  thofe  mode- 
rate and  virtuous  Kings,  who,  becaufe  they  know  they  are  delegated  by  God  to  rule 
according  to  his  method,  exalt  righteousnefs;  and  are  themfelves  thereby  exalted : 
Jguod  pctefi  &  femper  fait  Rex  pditicc  regent  popnlum  /mm 

£»are  experientia  effetlu  tibi  confiat  Princeps ,  Progenilores  tms  qui  fcpoliticum 
-     regimen  abjicere  fatagerunt,   &c. 

This  claufe  the  Chanecllour  adds,  to  fhew  the  ill  fuccefs  Princes  have  in  England 
had,  who  have  ruled  prater  morem  Majorum ;    for  though  we  have  here  been  blcfled      , 
(  as  I  faid  before )  with  many  moft  pious  and  juft  Princes,  who  have 

fo  ruled,  as  became  England,  wherein,  to  tife  Plato's  words  of        aS  jS  ivrhu,    i**e  ^  «^i- 
Greece,  Af en  ought  to  be  virtuous  and  free,  and  lovingly  to  live  to-     Sol  tj  £  «,««*?!  tiro/]*.    Plato 
gether,  and  are  onelj  to  be  kept  fuch  by  the  Lawes,  their  delight  and     lib.%.  l)e  Rep.  p.  663. 
buckler  :   yet  fome  we  have  had,  who,  though  I  fay  not  they  en-       H"  «"-  **•««»  «*  *>•;«>%»>'*» 

^-  S  #  ■  •  ~1  L  k  i       JTIUMHr  m  TlifitU.    Htc  fundMn.nl :im 

deavomtd  Politicum  Rrgtmen  abjtcere  J  yet  by  governing  otner-     utmuu,  t«/«»  imj»««u.  cic.  orat. 
wife  then  according  to  the  ftricl:  Lawes,  brought  infelicity  upon    r"  ciuem.o. 
themfelves  and  their  people.    For  this  Nation  confifts  of  men  born 
and  bred  up  to  freedom,  and  if  they  fee  their  Prince  as  milde  and  vigilant,  fo  juft 
and  valiant,  they  will  admire,  sffirr,  f.nd  obey  him,  ill  7&5  puis faUr  £  ^i>.a.j^a-  l°^M  hb' *'. 
v'hu,  &c.  as  convinced  of  his  kindeneis  and  good  offices  to  them  ;    as  they  did  in  the 
general  excellent  temper  of  the  time  of  Queen  Elizabeth,  which  is  obferved  by  the 
great  Minifter  of  otirj-tate,  To  be  full  cf  bleffcdcondefcenfioM  and  reftgnation  of  the  people  speech  at  the' 
then  to  the  Crown,  and  the  awf^S  reverence  then  they  had  to  the  Government,  and  to  the   Probation  of 
Govemours  both  in  Church  and  State :  fo,  if  they  perceive  thetontrary  in  the  effefts  of  '^f*^"'J  "' 
unwarranted  actuations  of  power,*  they  grow  fowre  and  difpleafed,  fctting  themfelves 
to  difappoint  his  deviation,  and  to  own  the  law  and  cufloms  of  ruling,  in  which  are 
depofited  the  Sub jeds  fecurity  and  the  Majefty  of  the  Prince,  which  amounts  to  that 
of  the  Text,  Non  folum  inhocnon  potuifie  nwcifci  potcntiam  quam  optabant ,  videlicet, 
ampliorcm,  fedcr  fui  benum,  Jimilitir  C  benum  regni  fui,  per  hoc  ip/i  diferimini  ex- 
pfuifent  &  periculo  grandiori^  For  ft: ch  Princes,  not  confidering  what  the  adverfity  "ec^S*  xiAo- 
of  popular  troubles  produces,  and  what  amidft  them  to  do,  being  deceived  by  theme-  m~.K^    nn. 
retririoBs  fuggeftions  of  Parafites,  who  bewitch  them  with  their  delulions,  do  draw  on     ~     ^ufa. 
themfelves  and  their  Confidents  thofe  difficulties  that  ever  end  in  difquiet  and  fome-  ^1^  ^ 
times  in  worfe-  fobefc!litto£</.2.  probably  one  of  the  Princes  intended  by  our  Text-  ^%±,v  &c 
Matter,  for  he  being  feduced  by  giddy  Gavefton  a  foreiner,   who  laboured  to  bring  in  p0iYb.  'lib.' 
fuch  abfolutenefs  as  the  Lawes  of  our  Kings  do  not  approve  of;    and  that  not  for  the   1}  p  '<52/ 
King's  profit,  but  that  this  favourite  and  perverter,  who  ruled  him,  might  thereby 
rule  all,  fo  far  inflamed  the  difcontcr.t  an  A  jealoufies  of  the  Peers  and  Commons,  that 
this  Butter flie,  that  was  fo  gay  in  the  Summer  of  the  King's  favour,  mufl  beaccufed 
and  apprehended,  to  the  performance  of  which  they  fo  ftrenuoufly  and  with  incef- 
fancy  applyrd  themfelves,  that  they  put  him  to  death,  *As  a  fubverter  of  the  Laves  J^Xr^&S"pub- 
and  a  public k,  Trajtor  to  the  Kingdom,  and  when  he  was  difpatched,  not  without  the  /i«»  T&m' />«*■- 
Kings  great,  affliftion,  the  Defpencers  father  and  fon  fucceeding  to  the  King's  favour,  '."•  WaiUngham 
mis;  (leered  him  lifcewife,    So  that  the  King  led  wholly  by  them,  and  all  things  following  'J^/Jk  7*'*»- 
the  counfel and  appointment  of  thofe  Gratiofo's,  neither  Earl,  Baron,  Bi)%op,  or  other  could  "iiU-  rlrfi""£'- 
doany  thing  with  the  King  bnt  by  their  favour  <,ni mediation,  they  became  fo  execrable   ^j'r'^«w"X«- 
thatthey  were  forced  to  fly  -,  and  the  King  himfrlf  that  had  loft  his  Subjects  hearts  to  ?™  /»<  «.- 
for  their  unhappy  fakes,  becomes  a  Prifoncr  at  Kenwlworth  Cafile,  and  was  ever  after  (*'*£  *^' «" 
unhappy.-   which  I  obferve  not  as  a  virtue,  but  the  fin  of  the  Nation  (fo;  bonum  emit.  *tcn*r,; 
bene)  good  Lawes  maybe  evilly  flood  for  ■,  and  evil  men  removed  by  evil  means  be-  ""  Ef*"J"  I™; 
come  the  fin  of  a  Land)  but  to  clear  the  truth  of  the  Text,  and  to  applaud  the  pru-  2"™i»  c»r/-.  yr« 
dence  as  well  as  piety  of  our  well-advifed  Princes,  who  do  nothing  of  importance  h'"tm  "»f'!"  v 
without  their  Councils  advice,  and  declare  no  binding  pleafurc  but  either  by  matter  of  %££),<.,■ 
Record  (  Lex  prtcipit  cf  Rex  pracipit  being  convertible )  or  by  fome  Declaration  in 

A  a  a  a  2  affirmance 


^6$.  A  Commentary  upon  Fortejcui. 

affirmance  of  known  and  undoubted  Lawcs,  which  confidered,  the  Subjects  of  this 
Land  haveecchocd  back  the  filial  duty  that  this  paternal  obligation  merits  of  thtm,  As 
sir  Ei.*Tnrn,r  ynawing  (  to  ufc  the.  words  of  a  moft  noble  and  eminently  accomphflied  Gende- 
como^Ha'f.  man,  who  now  is  defervedly  honoured  publiikly  by  this  Nation;  that  the  fir engeft 
in  parliament,^  building  mufi  fall,  if  the  coupling  ftnns  be  fulled  out ;  and  therefore  our  care  (  faith  fie  ) 
MaiX^Vthe5  ha*  been  to  prepare  fuch  cenfiitutions,  that  the  Prerogative  of  the  Crown  and  the  Propriety 
r  rotation  of  of  the  People  may,  like  ftjuared  (tones  in  a  well-built  Arch,  each  fupport  the  other,  and 
the  parliament     ^royp  ty  citj-(r  4„dfironger  for  an)  -weight  or  force  that  fball  be  laid  upon  thtm. 

Tamen  hac  qua  jam  de  experitntu  efefitt  prailicata,  fotentiam  Regis  rcgalitcr  tan- 
tum  Praftdentis  exfrobrarevtdentur,  non  ex  Legis  {u*  defettuprocejferunt,  fed  ex 
incuria,  negligent iaa.Mt  taliter  principalis.  • 

This  is  added  to  (hew  that  the  abfolute  power  of  Kings,  if  juft,  is  much  more  tole- 
rable and  to  be  admired,  then  that,  which  under  the  pretext  of  it,  is  practiced  by 
fome  that  rule  by  it ;    for  if  there  were  a  confideration  of  Subjects  as  the  Mines  and 
Quarries  dut  of  which  the  gold  and  filver  of  Princes  incomes  muft  be  fetched,  and  they 
were  by  Princes  ftudied  and  fecured,  that  fo  they  might  the  more  lafely  bring  their  rich 
ladings  to  the  Port  of  their  Princes  Exchequer,    and  having  paid  their  duty  there, 
make  the  moft  (  with  their  Prince's  bleffine  and  good  will)  of  what  is  theirs  neat  and 
clear,  as  by  the  rules  of  Juflice  Wider  the  abfoluteft  Monarch  in  the  world  they  ought, 
then  would  they  have  encouragement  to  bleffe  God  and  their  Prince  for  the  mercy  of 
s  Governmeat,  which  did  thus  permit  them  to  be  happy  under  the  Allegiance  and  Ju- 
Qiceofit.     For  it  is  not  the  ftriftnefs  of  Government  aflbciated  with  Juftice,   that 
makes  Subjects  grieved  and  difcontented,   ( no  more  then  the  vigilant  eye  of  a  prudent 
husband  over  his  beloved  wife  makes  her  difcompofed,  for  this  being  an  argument  of 
a  wife  minde  to  keep  her  to  hirofelf,  and  to  prevent  all  bold  attempts  upon  her  ( in  the 
negation  of  which  chiefly,  lyes  that  fexes  fecurity  )  is  the  great  argument  of  her  virtu- 
ous gratitude  and  refolved  loyalty  to  him )  but  that  which  offends  Subje&s,  and  makes 
them  entertainers  of  fears  and  crofs  humours,  is  not  e  x  Legis  defeUu  3  want  of  aright 
rule  to  walk  by,  ( for  that  the  Law  of  Nature  and  Nations  prefcribes  to  every  man 
who  more  or  lefs  has  the  Principles  of  it  legible  in  his  minde )  but  the 
vk  la*/***  in*rt£uu,  *u  quid  fit    grievance  is,  in  the  diftorted  will  and  the  loofe  affe&ions  of  the  Go- 
ffiL^aSMASt    vernour>  wh0'  regards  of  the  main  ends  of  Government,  Jufticc, 
r>Mi  iituur.  uititx  emms  Ma dtfcrtHmr,    and  National  Profperity,  launches  out  into  the  Ocean  of  pleafure 
*  «.  c,r  k.mini,  am  opMHrjHftwtM:        d  ■     fe  cn<jearing8  of  them  (  not  onely  drenched  but  drowned  . 
tr*mfert»r.  fi«t  >m»L<,  amuh  tx  an-    loofes  all  thoughts  of  that  drrtributive  Regality,  which  from  thein- 
„»/..  sanftus  Auguftin.  lit.  14.  -d«  a-    tentnefs  of  a  real  greatnefsand  virtuous  care  of  and  confeience  to 
vusi,  d„.  c.  i$.  Subjects,  ought  to  be  manifefted  ;  which  Sentca  found  true  in  Nero, 

aed  thence  was  bold  to  tell  the  World,   That  Tyrants  and  Kings 

*£^i"Z2rr£g'2     *fer  *°<  fi  ™h  *"  their  c»t™rd  *PP«">""°f  State,   asm  their 
tf.  mfi  cfud  Tjrmni  v'ufwt  ftvmnt.     dircttion  of  their  PeVeer  to  a  proper  end,    Tyrants  being  truculent  as 

«*.,  ...  njfi  «  «./*  +  mcfiita,,.      delighting  fnch  to  be,  but  Kings  as  being  forced  to  the  feveritj  thei 
lit.  1.  DeClementia,  p.fe*.  A        6  J  '  *  i>  J  J  'J     "J 

practice  by  necefjity,  and  as  that  remedy  which  they  unple  a fmgly  apply. 

For  fince  Kings  are  the  Minifters  of  God,  and  have  credited  to  them 

KofeWui  in  Py-  the  confervation  of  jnftice  and"  virtue,  which  they  are  to  propagate  by  rewards  and 

"i'°?cT"«.!ffi.  punifhments,    and  inthediftributionofthem,  not  to  err  into  any  arbitrary  by-path, 

9.;.  it*,  w.i.  but  to  follow  the  Commune  Prxcepttim,  wiiich  Vemefihenes calls,  "Evpn^a,  >y  JW'pov  &iuv, 

AdftogitoTpi-  an<>  oQ  tnat  ground,  llirmt  £v$peix*t  <oef<»*i,  hefayes,  It  bindes  all  men-,  to  be  re- 

g«ft.  lit.  u  tit.  1.  mils  and  cold  in  propagating  that  their  divine  intereft,  and  to  permit  fovereign  balm 

/.  tj«  and  prudent  medicinality  to  run  at  wafte,  and  to  effeft  no  purpofe  of  its  defignmenr, 

.  but  the  contrary  rather,  is  furcly  that  which  provokes  God  to  give  people  up  to  their 

own  frowardneffes,  and  to  make  them  inundate  the  Mounds  and  Walls  of  Religion, 

Loyalty,  and  civil  love  •,    and  not  to  fear  the  power  of  him,  whom  they  fee  weak  by 

theabfence  of  felf-denyal,  and  by  the  facility  of  being  viftor'd  by  delightfull  folly , which 

captivity  being  very  often  ( through  the  deceit  of  mans  heart  and  the  temptations  of 

Satan)  the  misfortune  of  mighty  Potentates,   who  ftand  on  tiptoe  of  their  unlimited 

Greatncls,  the  Chancellour  (hews  that  by  reafon  thereof  the  condition  of  politick 

Princes 


A  Commentary  upon  Fortejcue. 


4-<*5 


Nw  confiUbimttr  tarn  tr'fte  trgttjlrium, 
ntn  adhortabimin  fcrre  imseriA  Carmfcum, 
eftendtmus  in  ttmni  ffvitute    apertam  IU 
beruti  vmm.     Seneca  lib    3,    Dt  Ira, 
P-  5*1- 

Preamble  te  the  8  £'i>   c  i». 
Preamble  to  the  13  £''>•  fi  U 


Princes  is  much  more  fecure,  and  in  the  iffue  and  laft  refute  of  it, 
notinferiour  to  it  in  the  point  of  abfolutenefs,  fince  by  the  bonds 
of  love  and  the  convictions  of  the  paternal  merit,  it  challenges  as  .of 
right,  and  receives  with  all  readinefs  of  good  will,  the  firm  and 
flourifhing  fidelity  and"  benevolence  of  Subjctfts,  By  which  great 
feal  and  affeclicn  which  the]  bear  to  them,  as  the  words  of  the  Statute 
are,  the  Subjects  do  fo  meditate  on  and  provide  for  their  Princes 
fecurity,   In  whom  cenfifteth  all  the  hapfinefs  and  comfort  ofthewhsle 
State  and  Steels  of  the  Realm,  that  they  are  fofar  from  difputing, 
that  they  freely  concurr  with  them  in  all  their  juft  and  regal  poftulations,  and  fet  them- 
Mveswitb  all  carefuU  find]  and  zeal,  toctnjider,  forefee,  and  provide  for  them,  as  pro- 
filing,  B]  the  neglecting  and  faffing  aver  whereof  With  winking  ejes,  there  might  happen 
to  grow  the  fubverfion  and  r  nine  of  the  quiet  and  moil  happy  State  and  prefent  Govern- 
ment cf  this  Realm,  which  God  dif end,  fo  are  the  words  of  the  Statute  albrefaid,  which  3t>*  """--  »*- 
I  thus  mention  to  fortifie  the  Chancel  lout's  pofition,  that  Politick  Princes  become  Tju,  &"%/"*« 
more  abfolute  in  conquering  their  .people  by  kindenefs,  and  convincing  them  of  the  <*»»>■>»■  « pnfini 
benefit  their  care  and  vigilancv  over  them  returns  upon  them,  then  any  fevere  and  ri.  $'&'•.  "'•'".'"'' 
gid  admimftrations  in  the  behalt  of  abfolutely  Regal  Potentates  arrives  at,  which  is  the  mmiju  rr»nni. 
iumm  of  what  Saint  Thomas  in  his  book  of  the  Government  of  princes  wrote,  and  i^"%'  ^' 
what  our  Text  from  it  collects,  and  what  in  the  Notes  on.  the  14  and  15.  Chapters  I  Zjjf^'o. 
have  endeavoured  to  illuftrate,  and  which  here  1  have  been  no  more  copious  in  then  I 
hope  will  be  profitable  to  the  Reader,  whom  it  may  direct  to  praife 
God  for  the  bleffings  we  in  this  Nation  enjoy,  while  we  are  go- 
verned by  Lawes,  jult,  holy,  ufcfull,  and  proper  to  us,  and  by  a 
Prince  the  Guardian  of  them,  whofe  adminiftration  is  not  regulated 
by  wrath,  and  written  in  the  terrour  of  Subje&s,  but  who  admo- 
nifhing  his  Subjects  to  beware  the*penahies  and  dangers  of  his  Lawes, 
covets  rather  their  amendment  b] gentle  and  mercifnll  means,  then  with 
fevere  execution  ef  his  Lawes  to-  be  enriched  b]  their  evil  deeds  and 
offences,  they  are  the  words  of  the  Preamble  to  the  Statute,  8  Eliz. 
e.  19    The  confederation  whereof  fhould  be  Monitory  to  us  to  be 
dutifull,  and  to  account  nothing  fo  much  our  honour,  as  to  value  the  mercy  we  above 
others  are  made  happy  by,  and  to  beleaguer  God  with  earneft  prayers,  that  he  would 
ever  preferve  amongit  us,  The  unit] of  the  fpirit  in  the  bond  of  peace,  without  which 
neither  Sovereign  nor  Subject  can  be  folidly  happy  -,  concerning  which  *  Jacobus  Ta-  tripUci  b»n,  &  v>- 
fia  has  excellently  difcourfed,  and  in  all  reafon  and  experience  it  is  fo  found  to  be  true.  '*„'""*"" 
And  hereupon,  as  the  Chancel  lour  concludes  this  Chapter  with  St.Thmas  whom  he 
began  with,  wifhing  that  Omnia  Rr?na  politice  regerentnr,  ~\  fo  fhall  I  end  my  Com-  „.       „  ... 

.  ,      p        ■   .         c        *       ".       »        4    .  »  r*  1  *J  ttcon  Bafilie. 

ments  on  it,  wuh  the  advice  of  an  Oracle  among  Kings  and  men,  our  late  Gracious  p.iAx.Eiu  Ur£. 
King  Charles  the  father,  Nothing  can  be  more  happy  for  aU  (both  King  and  People)  oa"v- 
then  in  fair,  grave,  andhonturable  Wayis  to  contribute  their  tounfels  in  common  enabling  ^■Art  C0MMf" 
all  things  by  publicity  con fent  withut  Tyranny  or  Tumult  1,  which  is,    Politice  regere  &  wart  hy  a  good 
regi'mSt.  Thomas  his  words,  and  to  whicfi  as  oracular,  and  that  which  is  the  prayer  K*"£- 
ofevery  good  Englifhman,  ought  to  be  (in  our  Holy  Mother,  the  Church  of  En- 
gland's words )  fubjoyncd,  yyt  befeech  thee  to  hear  ut  good  Lord.  *?  t£e  S 

of  £»j/W. 


Remember  this. 

Ttritrtnt  trnnia  ubi  quantum  fuadet 
ira.  fortun*  ptrmmil,  nic  dm  pott/l  ;  tfud 
nmllammmalt  exercttur,  pttcntta  ftarc  : 
perklimnlur  mm,  ubi  tat,  qui  Jiptrttim  gt- 
munt,  communis  meiui  juuxit.  Seneca  /ffr.I* 
T>e  It*    p.  in. 


See  the    Preamble 


to    the   7  Eli^. 


*  Lib.  i.e.  9.  Dt 


CHAP.   XXXVIII. 


Tunc  Princeps.    Parce  obfecro  Canccflaric,5ic. 

I^His  Chapter  is  as  other  formerly  have  been,  but  accommodative  to  the  perfonati- 
.  on  of  the  Prince,  and  his  proportionable  demeanour  in  the  dialogue.  AH  that 
the  Chapter  affords  is  but  doctrinal  to  tender  and  infant-greatnefs  to  be  fequacious  of 
grave  and  learned  age,  which  this  our  Chancellour  having  in  that  fenfe  that  age  is 
nulieft  honourable  in,  attained  to,  and  (o  abundantly  and  with  rnatchlefs fincerity  evi- 
dencing to  him  as  that  flourlfking  branch,  which  though  rebelled  andforfakjn  of  men,  and 

thereby 


\ 


^66  A  Commentary  upon  Fortes  cue. 

thereby made  a  man  of  forrovs  and  acquainted  With  grief -,  jet  in  the  breathings  and  leng- 
ingi  of  his  lojaltj ,  He,  He  (our  Chancellour  Who  loved  much,  and  therefore  ought  to  have 
much  forgiven  him)  hoped  and  expected  (though  God  knowes  it  was  otherwife) 
would  come  to  pafs.  I  fay  the  Chancellour  in  all  his  poortfaying  a  mod  intenfe  lQyalty 
to  his  Prince,  whofe  Intcrcft  (as  he  conceived  it)  he  was  a  fuffererfor,  and  after  was 
with  it  civilly  interred  )  I  fay  this  long  robed  Heroickthus  approving  himfelf,  isde- 
fervedly  courted  with  a  Farce  obfecro  Cancellarie~\  andintreated  to  a  further  Infor- 
mation to  his  profit,  which  he  profeffing  the  particulars  of  it  were,  as  in  thefe  words, 
mthi  namque  perutiliafmt']   the  Chancellour  is  engaged  to  perfue  his  own  promife  in 
the  method  of  the  perfonated  Princes  recitall,  primo  ut  aliqms  alios  cafus,  Sec  ]  in  pro- 
ducing fome  fuch  Cafes  as  the  two  Lawes  do  difagree  in,  that  in  confederation  of  them 
he  may  the  clearer  judge  which  of  the  two  he  does  moft  incline  to  ftudy  and  approve  as 
belt  for  the  Government  of  the  Kingdom  and  people  of  England :  This  is  the  fum  of 
this  Chapter. 


5f  J«  Clufttrixl, 
aa.aj.  14«  Ji- 
ll. J»- 


CHAP.    XXXIX. 

CanccUarius.    £j>uofdam  cafus  alios  in  quibus  diffentimt  leges  prcdifta,  ut  fetis  Prin- 
cefs,  detegere  conabor. 

HEre  the  Chancellour  anfwers  the  perfonated  Prince  his  expectation,  which  being 
tobe  from  him  facisHed  wherein  the  Lawes  agree  and  difagree,  and  the  reafon  of 
both  will  better  clear  up  to  his  underftanding  the  way  of  his  choice!  This  then  being 
the  fcopeof  this  Chapter,  as  it  is  appendicious  to  thofe  other  foregoing  inftances  *  of 
their  difibnancy  •,  though  the  Chancellour  writes  with  much  judgment,  yet  preffes  he 
not  his  authority  further  then  the  reafon  of  his  arguments  feizing  on  his  judgment, 
fwayes  his  affection  and  practice  ^  For  fo  the  modeft  words  of  our 'Text  are,  Sed 
tamen  qua  legnm  tarum  frafiantior  fit  in  judiciis  fuis3  non  meo,  fed  arbitratui  tuo  reliw 
quam.  ~]  This  for  the  Introduction. 

The  words  of  the  Chapter  moft  material  follow.  Prolem  ante  matrimenium  natam, 
ita  ut  fofi  Ugitimam,  lex  chilis  &  fuccedere  facit  in  hareditate  parentum,  fed  prolem 
quam  matrimenium  nonparit  fuccedere  non  finit  lex  Anglerum7\ 

Prolem."}  This  is  a  word  of  largenefs,  importing  the  iffue  of  any  creature  or  thing 
ufed  by  Orators  and  Poets  for  that  which  the  Greeks  call  Mriyorn,  thus  Ovid  menti- 
on%,volncrum  preles,$nd  Virgil, Oliva  prgles,falix  urbs  prole  virttm,proles  ignara  parcn- 
tum,Tullj  has  alfo  perrea  proles,  and  *  Columella  writing  of  the  Goat,calls~his  young 
Generefa  proles ;  in  this  diminutive  fenfe  of  proles,  Budaus  ufes  proletarius  fermo  for 
plebeius,  fuch  as  is  nulla  a'nimi  dole ;  and  the  poor  in  Rome  were  from  this  called  Pro- 
'fp»™f*  r°l"  letarii,  whence  perhaps  our  word  to  prole  up  and  down,  as  much  as  to  Jbarl^,  the  AEl 
mnZuM^'tri-  *f*'ceflitj.  To  thofe  that  are  the  refufe  and  ignobleft  of  Families,  the  Law  (hews  no 
rtmm,  in.  7.  countenance,  in  honour  to  marriage  Gods  Inftitution,  and  that  which  he  has  inlay'd 
Tl^oir.  r^n"/jt  with  honour  amongft  all  Nations,  fo  faith  St.  Paul,  and  to  confirm  this  which  is  fo 
».°.«.  /.  1.        clear,  were  to  queftion  the  univerfal  embracemenc  of  it  -,  now  Matrimony  being  the 

chaft  limitation  of  the  loves  of  one  man  and  one  woman  each  too- 
ther at  onetime,  theChancelloursphrafeof/w/rr,  and  not nataj, 
nor  filius  quod  omnium  confiantijfimni  ft  amor  parentum  in  filios,  faith 
Sipontinus ,  nor  Libert  which  extended  not  onely  to  the  legitimate 
children  of  the  body,  but  to  the  mpotes  &  pronefttes ,  to  which 
*  G I  anvil  afTents,  when  he  calls  thefe  Haredes ;  I  fay  the  Test 
naming  thofe  he  writes  of.not  by  thefe  names  of  crcdit,but  by  that  of 
Proles  which  is  a  common  title  of  the  proceed  of  any  creature,  docs 
thence  infinuatc  that  illegitimate  children  are  as  no  children,  being 
abfeinded  from  the  difcents  of  the  Families  of  thofe  that  got  them, 
and  that  becaufe  they  are  ante  matrimonium  n/it*.~]  For  though- in 
the  Court  of  Heaven  they  may  be  legitimate,  their  parents  confent- 

ing 


1.    Faftoium. 

frrrt*  t*m   vert. 
frtla   txnt*    ri- 
fmle  elt.    W.  a. 
de  Nat.  eotum. 
3f  t'feit  dHttm  fi 


Vxtrim  duxi,  tialHm  fuftuli,  filium  iducd- 
1/1.   Quintil.M.4.  c.  t. 

CbtritM  m*  'ft  «W  nttei  &  firntts  di- 
riminifi  dtli/tdlili  /celtrt  nm  ftlefi.  CiC. 
lit.  deAmictt. 

»   JJi.j.c  3- 
Tho'off.  Hi-  10.  c.  ». 

Ctnfinfin  fr*fttidtr*t  tmcubuui    Tholofl". 

M.  9-  c.  a    jf.  » 

Cnfttifni  filui  fttit    nnjM^mm.  Ragul. 

JulJS. 


A  Commentary  upon 


Fo 


R  T  E  S  CUE. 


\61 


Promifiio  de  future  filjlrimenio,  fettuen- 
U  copula,  faat  MatriM-onmm  prafum. 
plum,  contra  iiuod  non  habct  locum  proba- 
nd. Regul.  Juris  apud  Tholofl".  lib.  10. 
.   4.  (T  3. 

Difcttrf  de  Matrimonii,  part  2.  c  S. 
£T-Z.    op.  244.  'dp .  «4»- 

In  Eptfi.  ad  txonienf.  Epifcopum  Conn!, 
Tom  y.  part.  2.  p.  -jit 


ing  conjugally  each  to  o  her  before  they  coupled,  and  continuing 

loyal  each  to  other  after ,    yet  *'*  foro  jeculi  the  Proles  ante  M*- 

trimonium  natx,  are  Proles  ignara  Parentum,  incerta,  and  fo  have  no 

right  jure  divino  ant  natuali,  as   Covarrnvias  notab  y  determines 

notwithstanding  the  Declaration  of  Pope  Alexander,   wh.cb  fayes, 

Tanta  efl  cnim  vis  Sacramenti,  Ht  ejui  antea  ftsnt  geniti  ptsfl  contra- 

ilum  Matrimcnv.tm  habeanr.r  legitimi.     Now  Proles  ante  Matri- 

monium  nuts,  they  are,  who  are  born  before  the  Parents  of  them  arc 

lawfully  married,  that  is  not  married  as  the  Pope  by  his  Canons 

and  Difpenfations  indulges,  for  that  fometimes  has  made  that  lawfull  which  God's  Law 

has  made  unlawful!,  and  on  the  contrary,  as  the  Statute  of  3  2  H.  8.  e.  3  8,  declares;  lil]U  ( 

but  according  to  the  appointment  of  the  Law  of  England,  Solcmnix-cd  in  the  face  of  Giaavifc  tfi.  7 

the  Church,  and  by  Uvpfnll  Authority,  the  truth  and  loyalty  of  which  the  Bifhop  onely  c- lXm  &  "*• 

muft  certifie,  wlv.ch  thefc  Net*  ante  Matrimonium  proles  not  being  capable  to  be, 

they  by  our  Law  come  to  be  infamous,  Itaut  pofl  legitimam  Lex 

Civilis  &  fuccedtre  facit  in   hxreditate   Parentum.  J    Mr.  Selden 

quotes  fuftin'ian  for  this,  though  the  Canon  rather  then  the  Civil 

Law  makes  them  inheritable,if  their  Parents  marry  af;er,and  there  be 

no  other  iffue  born  after  Marringc,^  This,  (a)  Covarmvias  fayes,  is 

Favor    fure    I'ontifcio  Matrimonii  impenfus.     I  COnfefs  the  Civil 

Law  has,  a  way  of  legitimation  of  them,  as  our  Law  has  by  Ad  of 

Parliament. 


S'Utn'%  Mores  on  (his  39  Chap. 

Vli  mn  ejl  ctpia  alteram  .bene  affumttntur 
minus  legitime.  Gratiari.  Decree  part  1 
dif.  sj  /./  66. 

(*)  Loco  print  mo. 

Lex  cnim  hesce  jH/lis  Jiliis  atiuiparat.  mi- 
hilque  a  legitimis  legitimates  differre  jubel, 
nee  hi  invicem  dtfiimi.es  a  legtttmis  <jr  na- 
turalibus  cevfentur.  Aiciat.  lib.  j.  divert, 
flgmfic.  p.  366. 

TWioff.  111.  10.  £*,$,«.  ir  Hb.6.c. 
II,  12,  11. 


Std  Prolem,  tjuam  Matrimonium  non  parit,  fticcidert  non  fin*'  Lex  Anglorum. 


Matrimonii  hone/las  HatHralis  eTt.  Tho- 
lofl' lib.  I.e.  1.  1  j. 

De  Ttivilegiis  Matrimonii  lege  GafTanac- 
um  ad  confuetudinem  Burgundix  ad  tit. 
des  droit  appartenans  a  gens  marie?. 

x  lnftit./> .  »7.  on  c.  9.  of  the  Scat,  of 
Memn. 

Non  pete/l  de  fdcilt  prater  cenfenfum 
haredss  fui  fitit  /»«  poti-nato  de  haredi- 
late  fua  auamamlilct  partem  dtnare,  lib. 
7.  c.i. 


So  great  a  reverence  has  the  Common  and  Statute- Law  to  Mar- 
riage,   that  though  natus  intra  Matrimcnium  fhall  be  the  chi!de  of 
the  Marriage,  the  father  by  Marriage  being  prcfumed  apt  for  gene- 
ration, as  natus  ultra  mare  within  the  25  E.  h   &  42  £.3.  c.  10. 
fhall  be  the  Kings  Subject  though  it  be  born  extra  limites,  if  infra 
ligrantiam  Rtgis  Angliet,  yeinatus  extra,  that  is,  ante  Matrimoni- 
urn  fliall  be  a  Ballard ;    for  that  ihe  Law  repudiates  all  vage  lull, 
the  affront  of  Marriage,  and  difhonours  the  proceed  of  ir.     1  know 
Pope  Alex.  3 .  in  6  H.  2.  made  a  Decree  to  legitimate  anti-natc  Chil- 
dren upon  fubfequent  Marriage  between  their  Parents ;  but  this 
was  never  allowed  here  for  Law,  but  the  contrary  nffertcd,  fo  Glan- 
vil,  who  wrote  in  Henry  the  Second's  time,  fayes,   Orta  efl  qttsftio,  ft  (\nis,antet\ttam 
fatter  matrem  fttam  deffenfaverat,  fuerit  genitus  vel  n*ttts,  tttruw  filins  talis  Jit  legiti-   Glanvil.  Hi.  7. 
rnns  hetrescum  pcfiea  matrem  fttam  defptinfaverit.     Et  tjnidem  licet  feemdum  Canonts  '"' 
tfr  Leges  Romanas  talis  filitis  fit  Itgitimw  hares,  tatnen  feenndum  jus  &  confuetudinem   Htres  mtlm  /„,_ 
Regni,  nullomtdotanqftam  hares  in  htrcditate  fhftinetur,  vel  hareditatem  de  jure  Regni  nmm  tutitm  ~ia. 
fetere  poteil.     So  fuch,  BratlcnMo,  who  wrote  in  HmrytL  Third's  time,  fayes  are  f  ""'•"-  ""  a1': 
not  inheritable,  and  mxpercrnfuetudincm  Regm  ■,   for  though  he  would  write  favour-  m,  Matrimonii 
ably  of  the  Ecclefiaftical  Confiitution,  which  all  the  Bifhops  of  England  did  in  the  Par-  yn  ^•J",""'"" 
liamentofio  H  ?.  promote,  jet  all  the  Earls  and  Barons  with  cm  Voice  anftvered,That  c.VTfoU!.2 
they  would  net  change  the  Lawes  of  the  Realm  which  hitherto  have  been  nftd  and  approved ;  »°  H.  3.  '•  *. 
which  BraSon  I  fay  confidermg,  though  he  fayes  the  natural  fons 
of  men  ad  omnes  alius  legitimos  idonii  reputantur,  yet  reffrains  ir 
non  nifi  adea  tjxx  pertinent  ad  facerdotium  :  for  as  t6  fccular  things 
they  are  not  lawfull,  which  sir  Edward  Cooh^  takes  notice  of  in  the 
8  Report  in  Lechford's  Cafe  •,  and  00  Doctor  Zouch  fhews  this  to  be 
the  Cuftom  of  Normandy,   and  Tholoffanus  makes  the  Law  of  a!l 
France,  as  others  do  generally  of  all  the  world  ■,  for  even  amongft  the 
Athenians  if  a  man  had  a  bafc  fon  he  had  fome  portion  allowed  him, 
but  the  inheritance  went  unto  his  lawfull  daughter,  fo  fayes  (b)  Sui- 
dat :    and  fo  ftrictly  did  our  Law  ever  adhere  to  it,  that  in  times  of 
Pnpery,  when  the  Canons  of  the  Pope  were  mod  adhered  to,  yet  the  Biflops  in  cafe  of 
gcutral  Bflftardy,  when  the  King  wrote  f«  them  to  certifie  who  was  lawfull  Heir  to  any 

Lands 


l^ec  haredes  jiidual-unmr  ejnod  Taren- 
tibus  fuccedere  feflxnt,  propter  eonfutla- 
dtnem  rtgnt  qua  fe  hotel  in  ctntrartam 
tib.z.  r.  iy 

(a;  In  Defsript.  Juris  feudal,  p 
21 

Spurii  autem  men  fuicedunt  etiam  in 
Gallia  Vatribus  vel  ecrum  agnaus,.  & 
ita  conventual  omnes,  cftia  nen  habtm  jura 
fangntnss.   lib«45>C.  6. 

(b)  In  verba  crtiKKHtyt . 


4_68  A  Commentary  upon  Fort  escue. 

>  !nflit.j>.97-o«   Lands  or  ether  Inheritance,  ought  to  ctrtifie  according  to  the  Law  and  Cuftcme  cf  En- 
ch.  ».  Mmm.      «[iHA^An(i  not  according  to  the  Roman  Canons  and  Conjlituiiins,  which  were  ccntrarj  to  the 
Law  'and  Cuftome  of,England,  and  this  was  the  rcafon  they  loving  the  Canons  and  fear- 
ing the  Pope  who  laded  them  with  fuch  chain-fhot,  defired  in  the  Parliament  of  20  H. 
3.  to  be  relieved,  but  in  vain  alas  •,  for  the  Nation  would  r.ot  flirr  from  adhering  to 
Marnage.and  the  iflue  lawfull  ofit  -,and  that  Baflardy  is  an  exception 
Li*.  6.  c  it.  caput  it  muftMku  eon-    againft  inheriting,  p  /eta  not  onely  makes  good,  but  all  later  Autnori- 
f"  ft'Tn, '""""'  *"'■  F,"*'  He.r"     tics.  And  to  help  this  in  a  particular  cafe,  which  oiherwifc  would  have 

bctt.  Tult  Sajlardj  n.  ii.is.ij.lt,  .  *  ■       u      o  c        *,    ^  t 

jo.  it,  tt.  «nd  the  year  books  i  h.  «.  ended  in  difherilon,  was  the  Statute  of  9  H.  6.  c.  1 1.  made,  For 

f,i.\.  nRf  /VM*.  i»  E.  t-  /•'.  14.  gafiards  begotten  and  born  out  of   latofuH  Matrimony  {  an  offence 

***Dmm  lii*  cjugu  fimfn  fr.hiim-  againfi  God's  and  man's  laVo )  as  the  words  of  the  1 8  Eliz..  c.  j .  arc, 

iffi  &  imn^ntm  fiMniji,  &  frtnpni  has  ever  been  not  onely  disfavoured  by  the  Laity  in  Parliaments 

SmSISSUE  but  by,0Ur  ClergJy  ra  thcif,*  fontoationi ,  for  although  the  Pope 
&ri*  ixuTfth  EiUdi.  j^««.:io.  gave  liberty,  and  fome  of  the  Clergy  of  old  took  liberty  to  enjoy 
cw»  us.  sP5]™»n  »  c"uiL  t-  »7«-     Concubines,  yet  the  Church  in  her  Councils  decryed  and  execrated  it 

Re  i»  Cantnit.  /V&Edgato.  p  4*1.  ficm-  ,  11  j         j      i_     ,/r         r-  ■    l.      •      11      ..       ,     . 

Mr  ugt,  cm*.  ps5«-  501.  si«m.  as  abominablc.and  made  the  lflue  ot  it  un-  inheritable,  Non  leg  itmam 
7<7-»»«-  proclamans,  faith  our  Text. 

Civilift*  in  cafu  hoc  Legem  fuam  extol/unt,  qui  incitamentum  earn  effedicunt,  quo 
Matrimonii  Sacramento  ctfiet  peccatum. 

Here  the  Text  terms  thofe  learned  Gentlemen  of  the  Gown,  which  in  other  places 
it  names  J urifia,  Advocati,  furisperiti  by  Civilifia,  A  name  of  art  and  dignity  gi- 
ven to  thofe  that  are  Graduates  in  the  profound  ftudy  of  the  Lawes,  the  termination 
fla  referring  to  the  perfon,  as  i-us  does  to  the  office,  thus  Sacrijia,  Exorcifia,  La. 
ttifia,  furifta,  Canonifia,  all  appropriated  to  men  fo  and  fo  qualified  •,   for  thefe  are 
not  Oratouri  or  Hiltonans  words,  fo  much  as  terms  of  art  and  private  invention.  That 
which  the  Text  fay cs  of  thefe,  is,  that  they  dp  extoll  their  Law  for  this  indulgence, 
that  is,  they  being  ProtefTours  in  both  Lawes,  the  Canon  as  well  as  Civil,  do  as  much 
as  in  them  is,  keep  tip  the  credit  of  their  Lawes,  by  evidencing  the  reafon  or  equity 
of  them.    And  rhough  this  difpenfative  enaction  be  the  Popes,  and  fo  direftly  their 
Thoi»ff.  ta. ».      Canon- Lawes  rule,  yet  inafmuch  as  the  rule  is  with  them  In  \Matrimoniis  judicandis, 
&  in  his  qua  ad  ea  pertinent,  praponimus  Santliones  Pontificiat  Civilibus,  our  Chancel- 
lour  fayes  thefe  Civilians,  for  that  is  the  title  of  moft  eminency,  do  Legem  eorum  ex- 
Li*,  j.  -SM \u-  toRcrc,  that  is,  they  judge  it  prudent  and  juft,  and  fuch  publickly  and  with  confidence 
frktni.  !%o.  avow  it  j    thus  Extollere  armatum  in  fublime  is  by  Hertius  ufed,   Extollerc  caput  & 

£7u'CthlanC'°  fteriltrt>  irA  Ad  caelum  landibusaliejuem  extollere  by  Tully,   Extollere  verbis  pra- 
clara  ingenia  by  Salufi,  Extollere  indignatkntm  by  Pliny,  Extollere  in  majus  by  Livy  .- 
all  which  fhew,  that  our  Text  by  thefe  words  Legem  eorum  extol lh*f\  intends  a  Magni- 
i*7*r*d  1  .       fixation  of  their  Lawes,  whichiswhat  the  Oratour  intends  by  Extollere  fegloritndo& 
prtdicationc,  as  Tully's  words  are.  This  I  note,  becaufe  it  is  not  a  vain  jaftancy  thai  our 
Text  mentions  thefe  Civilians  guilty  of,for  that  had  been  not  worthy  them  but  to  be  paf- 
fed  over  by  his  ingenuity , no  fuch  extolling  is  tliis,but  it's  fuch  an  extolling  as  is  ground- 
ed upon  reafon  and  conscience,  Quia  incitamentum  earn  c§e  dicunt,.  quo  Matrimonii  Sa- 
cramento cejfet  peccatum']  That  is.fuppofing  the  firft  aft  be  fo  ftrorig  a  fetter  to  continued 
ytn  mm  ttini    lubricity,  which  is  tbefin  of  Incontinency, Marriage  limiting  &  legitimating  the  vagenefs 
^"sH^Zuiu   an<^  obliquity  thereof,  turns  the  finfull  paflion  into  a  finlefs  virtue,  fuch  fruitions  in  the 
Mjfta,..  Fomcr.     latitude  and  effefts  of  them  becoming,  by  a  not  to  be  blufhed  at  tranfmutanon,  noble 
*dL't  '»■  ff-',     and  creditable,  which  before  fuch  Marriages  were  culpable  and  infamous  •,    yea,  not- 
%*fc'.  •    withftanding  all  the  precedent  irreftitude,  charity  may  perfwade  to  interpret  a  difpo- 

fitive  Marriage  in  their  mindes,    who  (in  their  cenfured  familia- 

SutrttiinedtfrenUm  cncMkitH  &  mJ-     rity )  were  thus  cordial  each  to  other.-    yea  and  the  Marriage 

tZ^ii:Xt:^t  3S    in  being    bebut  dv idefign  their  loves  tended  to,  though  the  com- 

vtnfimiiis  fit.    A!ci»t.  ad  l%.  i7+.  p.     pletion  thereof  had  for  fome  time  and  reafons  interruption,    fo 

ns.i^dtvtrbfismfc.     ■  are  t(je  wor(Js    Prafumendum  queqae  dicunt  effr  tales  fuiffe  contru- 

i»)Fittdm  his  Appendix  10  the  inird  _  ,'  J         r     i  A  r  i  r  *•  -i 

book  of  the  chutch.  c  i5.  hentium  antmes,  quales  ejj-e  demonjtrat  jubjeqitns  Saeramentnm.\ 

utt  caffimdrum  i»  confuiut.  cap.  De     ^nc[  therefore  the  Church  of  Rome  counting  Marriage  a  (a)  Holy 

Romano  Pomifice.  t  ...  ^  (for  that's  as  much  as  ^rrrfw^/ ww  here  will  amount  to  )jnakes 

the 


A  Commentary  upon  Fortes  cue.  $69 

the  iflue  of  it  legitimate,  which  Aft  of  legitimation  is  hut  yet  the  favour  of  a  particu- 
lar Church,  which  though  fomc  Councils  hare  declared  to  be  Saerefanfla  &  Apeftolica  Tcm-  '•  c°""1- 
Eccle/ia  qua  nan  ab  Apoftelis  fed  ab  ipfo  Servatorc  Tfominoaue  noftro  primatum  obti-  -^L  Sa^tT' 
Huit,  yet  has  onely  power  over  its  Members  and  within  its  limits  to  eftablifli  what  it  p-*j-  &'■ 
pleafes  in  matters  of  ritual  and  circumftantial  nature  ■,  but  in  the Doftrinals  and  Mains  churchM.f^e 
of'Religion,  the  Scripture  not  men  ought  to  be  Judge  :  and  therefore  if  the  Church  cz.&t.ii.' 
be  taken  here  for  the  Roman  Church,  Pre  Prafidtntibus  Eccle/ia, 

pre  Eccleftafiicis  liris,  &  pro  auiloritate  Papa  virtual*  EccUfi*,     c/Iutr"renuu  Samm-  a'1-  D'  E" 
as  the  Romanics  generally  hold  •,  then  that  Church  Non  habtns  ma-     '  "^aboi  Fll!d<s  1t  Book  c  ,_  of  Ae 
culam  necftte   rugas  neaue  alajuid  hujusmedi,    as  (a)  Barenius  his     Church. 
words  are,  will  not  eftablifh  any  thing  which  is  not  according  to       $J*£££  IL  ^fa,,  ,„,„. 
Scripture  and  Morality,  and  fo  is  not  the  Ec clefia  here,  that  does     d*m.  *ut  dumdum  ejt.  mfi  ^a  [■»«»*. 
habere  nates  ex  fubfeauenti  Matrimonii  for  legitimate.     For  then  I     *-£•  *£££  ™ 
luppofe  the  Church,  which  they  fay,  as  headed  by  the  Pope,  cannot    g<ftr.;nmvtnv,,ifid,t*th,iie*6.i!i. 
err,  mufl  be  granted  to  err  •,    tnd  that  in  allowing  that  for  ends  of    mM'  E"''fi*  "»*•'•  ""'IT'  4  *  *»*■ 
Policy  and  gain,  which  has  an  apparenc  turpitude  in  it,  and  from     ^t^aT^mTu'ii.  r^"i".  on*. 
which  there  is  no  abfolution,  but  by  God's  mercy  by  an  humble  pe-     p.  n«. 
nitence,  which  fubfequent  Marriage  does  not  neceflarily  nor  always 
imply  -,    fo  that  the  Ecclefia  foetus  hujusmedi  habet  pre  legitimis  J  muft  onely  be  meant 
of  a  part  of  theChurch-Catholick,  that  is,  The  Roman  Church,  which  though  viti- 
ated in  many  things,  both  praftices  and  opinions,  yet  having  the  Integrals,  1  dare  not 
deny  a  Member  of  the  Cathelicb^Church :   and  I  underftand  the  Chancellour  onely  to 
intend  the  Reman  Church  here  as  it  does  feet m  hujuimodi  habere  pre  legitimis ;   for  the 
Catholicity  Church  does  not  fo  judge,  nor  as  I  think  has  ever  fo  declared. 

Ad  efua  fie  rtjpondent  Legis  Angliae  feriti.  Prima  dicunt,  quod  pi centum  frimi  con- 
cubitus  in  eafu  propefite,  non  purgatur  per  fubfequcut  Matrimnnium,  licet  ejus 
mcrito  delinauentium  esaedammodo  minuatur  poena. 

i  # 

This  has  feveral  parts ofitsanfwer  worthy  configuration,  Firfr, that  the primusctn- 
cnbitui  was  a  fin,  becaufe  a  violation  of  chaftity  and  an  aft  of  luft  and  irregular  concupi- 
fcence;  for  it  being  not  an  obfsrvance  of  tbeinftitution  of  God,  nor  to  the  end  of 
prolification,(wbich  though  it  happeneth  nnexpeftedly  to  be,yet  was  not  the  end  of  the 
coition,  but  meerly  the  effeft  of  brutifh  fenfuality,  which  titillated  the  concupiscence 
toaftsofinordinacy,  and  took  the  obj'eftit  flrftlufted  as  the  creature  of  its  pleafure, 
not  the  beloved  and  folitary  object  of  its  adhefion,)  there  being  no  end  of  God  in  the 
inftitutionof  Marriage  designedly  promoted  thereby,  no  blclling  of  God  on  fucb 
conjunction  can  be  expefted  there-  from,  though  the  patience  of  God  forbear  punish- 
ment offuch  a  fin  againft  his  Law,  the  breach  whereof  this  aft  was,  and  does  not  in 
the  very  aft  deftroy  the  finner  •,  yet  is  the  fin  entered  on  record  in  heaven  and  without 
repentance  is  damnable  .•  and  therefore  the  fubfetjttens  Matrimeniunt  does  not  purge 
that,  for  then  the  remedy  muft  antidate  it  felf  and  work  before  it  had  a  being,  then 
it  muft  be  either  in  its  own  nature,  or  in  God's  acceptance  of  equivalence  with  guilt- 
leffeneG,  for  elfe  how  can  it  purge  from  the  guilt  of  tin  committed,  not  that  then  can  it 
do,  but  all  that  it  can  do  is  to  mitigate  fcandal  and  to  give  reftitution  in  point  of  fame, 
as  thereby  it  imports  to  the  world,  that  there  was  an  inclination  and  addiftion  of  them 
to  a  Marriage  completion,  and  that  they  were  foularily  marryed.and  fo  the  fubfequcnt  ^*"*r*Jj**" 
Marriageway  be  purgatio,  that  is,  dcclaratio  intentionis  conjugality  and  this  may  pur-  mnuiumv!!iid\. 
gare  a  tante  though  not  a  toto,  or  as  the  Text  is,  Pcenam  deliili  minuere,  ]  though  t.  ,.  c°»cii. 
not  tellert,  which  is  all  one  with  that  of  our  Lord,  Net  beaten  with  man]  ftripes  but  with  ^  l^i,  47; 
few  flripcj,  by  which  appears  that  though  the  Church  of  God  and  the  Lawcsof  men 
may  allow  the  iflue  of  reputed  Marriage  to  be  lawfull,  though  there 

were  a  premarriage,  provided  that  the  party  that  was  free  when       BMfton.  in,,  i.  d$  aqUm*  nr»m 
married,  did  not  know  of  the  former  Marriage,  Quia  crimen  non      ™o'uViw»l£>£V'V"'  "*Htf  4  it. 
centrahitur  nift  voluntas  nocendiintercedit,   &  vcluutat  &  propoftum     •'•  c«/S»  di  NnmmdjiT. 
diftinguunt  malcficium,  as  the  rule  of  (b)  Law  is,  and  the  children       (i)  m(loa<  litt  §i  Ci  ,7<  Dt  ClrCHd: 
and  one  Parent  ought  not  to  fuffer  in  this  cafe  for  the  other  Parents    r  n«. 
fin.     Though  I  fay  there  be  favour  (hewed  the  iflues  of  thefe  Mar- 

B  b  b  b  riages 


4.70  A  Commentary  upon  Fortescui. 

riages,  yet  generally  the  Law.cs  of  God  and  roenabhorr  them,  and 

coneihor.  General.  allow  no  refpedt  unto  but  thunder  out  Comminations  againft  them, 

]^m.l.  r-  4/!''  "  a/idwhen  fatisfaftions  aregivenfor  the  very  fpecifick  fin.yet  the  (lain  ' 

t»"».7!..».  f  j»7-  of  it  remains,  and  the  trouble  of  it  in  the  confeienceof  thefinner 

t»<«  uk  ««*fM»u,..n.n  pi—    while  he  lives  to  remember  it.     And  therefore  though  our  Text 

,jm  Ec.ufi*  di<*ju>  Sdttrdmi  vti Mi-     laying,  Bcclefia  tales  babet  pro legttimts,  leems  to  favour  the  Church 

mjh4if»*mm4**ifim,fnf*rt*im+    0f  Rme's  primacy,  as  if  whatever  fhe,  for  politick  ends    pubhfhes 

t!»\.  £*  ft,??  "  ''     her  pieafurc  in,  muft  be  the  doftrine  and  judgement  of  the  Church  , 

yet  fo  long  as  the  Scriptures  give  no  allowance  thereto,  nor  the 
ofland.  in.  Dt  Catholick  Church,  (ofwhichthc  Jc«wrf»isbutapart,  and  God  knows  as  now 'tis  gal- 
°$at\  r"t™'-  Hmaufry  "d  and  made  a  Cabinet  of  Civil  Intereft  and  State-policy  as  well  as  of  Church- 
vmv<r/«/.I'  fr*-  dodrine  and  Church  difcipline,  but  an  infirm  and  vitiated  part)  the  noife  of  the 
«,»«  7»r«  «*»-  church  makes  no  great  Mufick  in  Catholick  ears  -,  for  all  the  Difpenfations  and  Al- 
/^"om.n.T  lowances  that  are  given  to  immoralities  and  turpitudes  do  but  proltitutc  the  credit  of 
i,k.  i.'iiftina .41.  thofethat  take  money  for  them,  and  render  them  defervedly  cenfured  for  pilati  ra- 
f^iv't'i.1!.'  thcrthen  Prtlati,  for  Carrificcs  not  Pontificej :  God  will  never  approve  in  Heaven 
z>i/.44.j»,j!  aftions  evilly  done  on  earth,  upon  the  fuggeftion  of  good  intents  and  great  good 
r-  4*7-  aimed  at.     I  like  not  the  allowance  of  ^tewes  to  keep  chafte  women  from  being  tempt- 

nl'pZt  dlmlti    ed,  nor  of  Concubines  to  help  on  the  finglenefs  of  PneSs,  nor  of  fubfequent  Marriage 
ja  mmfri .  »tc  t0  ifpitjtnate  iffue,  though  the  laft  be  moft  tolerable  of  the  three. 

fmitttrti  pi  txt-  «*  •  ■ 

tufrii.    ldimht.  t 

«.4iR.u.'ft,  i.        DicHHt  etiam  quod  peceati  Wins  confeii,  tanto  mintu  inde  punitcnt,    quo  Ltges  tranf- 
*n  »  p. »»».  grtftribus  Wis  f Avert  defiderant. 

This  is  a  fure  confequence,  as  impenitency  arifes  from  obcaccation  and  fin  not  dif- 
covered:  fo  impudence  and  confirmation  in  fin,  from  fin  by  Law  not  cenfured  ordif- 
al lowed  •  for  the  rale  being,  Quod  non  vetat  Lex,  id  mandat,  if  there  be  not  a  notori- 
ous mani'feft  of  the  Lawes  difpleafure,  the  corruption  of  mortal  nature  will  thence  de- 
rive an  encouragement  to  commit  and  jufjifie  it.  And  therefore  the  Lawes  of  our 
Nation  having  the  Lawes  of  Goa  for  their  Original  and  Exemplar,  do  according  to  it 
juftifie  themfelves  to  claim  obedience  from  men,  becaufe  they  enjoyn  thofe  moral  and 
juft  afts  that  the  Law  of  God  does,  which  is,-  That  every  man  fljaR  enjty  bit  own  wife 
,  c„  ..  and  tvtrj  woman  her  own  hmband,  becaufe  jvhere-mongers  and  Adulterers  God  will 

iw.11.4.         judge  i    And  that  whatfoever  is  befide  or  againft  the  honour  and  loyalcy  of  Marriage, 
is  a  breach  of  the  Divine  Law,  and  a  Trefpafs  upon  the  Civil  Magiftate  the  Keeper  of 
both  Tables,  by  which  thefe  Lawes  retain  their  Ma jefty  and  worth,  Cum  Lex  fit  fan- 
ilio  fanila,  jukens  hone  ft  a  &  prohibens  contraria,  ~\  as  the  Text  faith :  while  they  do  by 
no  connivance  at  the  fin  make  the  fin  either  little  or  none  at  all,   and  fo  tacitely  invite 
to  the  Commiffion  of  it.     And  this  our  Chancellour  gives  as  the  reafon  of  the  Law  a- 
phiiow.^Sft    gainft  Legitimation  upon  fubfequent  Marriage,  becaufe  if  this  fhould  be  allowed,  all 
■mUm  uyimi.     vjgenefs  of  fruition  would  be  pra&ifed,  and  unlefs  iffue  come  which  they  neither  ex- 
f'  7,°'  pe&nor  welcome  who  are  luftfully  afted,  never  fubfequent  Marriage  would  be.  There- 

fore the  Law  to  honour  and  eftablifh  Marriage,  neceffitaies  perfons  to  be  in  that  fiate, 
if  they  would  have  their  iffue  defcendable  to  eftate  or  bloud. 

Nee  vaUari  potefi  lex  ifta  per  he,  quod  Ecclefia  foetus  hujufmtdi  pro  legitimis  habet. 
Pia  namque  muter  ill*,  in  quamplurimis  difpenfat,  qua  fieri  ipfa  mm  concedit. 

Thefenfc  of  thisclaufc  is,  that  there  is  no  argument  from  the  difpenfation  and  per- 
u&iLThZI*'  miffion  of  a  thing  to  the  legitimation  of  it,  becaufe  many  things  are  fuffered  upon  rea- 
fr^tfujuhsn*-  fon  of  fiate,  &s.  togratifie  emergent  neceflity  which  are  not  otherwife  tolerable. 
TdfJ><i"mmc*"!r4  vW«r«  has  gave  the  Jews  for  the  hardnefs  of  their  hearts  a  bill  of  divorce,  which  from 
m  "uTp,n"^fi  the  beginning  was  not  fo.  Polygamy  was  not  reproached  in  the  Patriarchs,  becaufe 
nmhfittwnrum.  the  World  was  to  be  peopled  ■,  yet  God  made  One  man  for  one  woman,  and  why? 
'Tn/'sTan.  4.  Btcaufehe  fought  a  gtdlj  Seed.  This  therefore  being  our  Chancellor's  argumenr, 
m*i.  1.  is.  he  excludes  all  fubterfuge  under  the  Churches  introduction  of  allowance,  Nee  VaUari 
potefi  Lex  ifia  j  As  much  as  the  Law  has  no  trench  or  ftre'ngth  about  it  to  fhelter  the 
inference  from  the  Church's  permiffion  to  her  juftification,  (  for  fo  vallart  is  in  Aur 

thour»J 


A  Commentary  upon  Fortes  cue.  471 

thours  underftood,  fo  Pliny  mentions  Munire  &  vaUare  coxtftt  ferns,  and  Vallare  fe-  Ul- "°-  «■  »'•  7» 

fimetitois  vaTuBj,  Mmtis  vallare aliquem  in  Silitu,  and  thereupon  though  he  pro-  ^'af"fi^cl2Z 

ceedstoown  a  Power  and  Prerogative  in  Greatnefs  to  do  (in  things  not  mala  per  fe)  i'i*°viiub,t,d,p 

as  it  (hail  fee  fie  to  the  carrying  on  of  order  and  the  complyancc  with  the  neceffitv  of  (i"^/1?!^:viT 

humane  affairs,  which  otherwile  it  cannot  accommodate,  yet  does  he  deny  that  on  difaari».acx. 

this  ground  the  conclufion  of  the  Churches  approbation  of  Children  ex  Matrimonii*  delcs'1'- 

fubfeqxente  followeth.  '  f(]cce  -jg:^ 

Pia  nam  que  Mater  ~]  The  Church  he  calls  a  Mother,  becaufefhe  bears  Belie  vers 
in  her  womb,  unto  birth  ■,  and  being  born  nourifhes  and  fuckles  them  to  further  growth 
bj  the  ftucere  mi!k.cftbe  word  profeffed  and  teached  in  her,  in  which  relations  though  the 
Holy  Text  call  onely  ferufalem  above  (  the  Church  Triumphant )  The  Mother  tfm  till ;  <j»i-  i».  ««• 
yet  it  terms  the  Chuich  on  Earth  The  Bod]  of  Chrifi,  .and  TheSpoufeof  Chrifi,   and  i  &W  tvitia*. 
thefe  import  the  office  and  affe&ion  of  a  Mother  to  Believers  and  ProfefToarsthe  Sons  %cltV^  **" 
and  Children  of  Her,  which  fhe  doth  evidence  to  them  more  eminently  then  other  fut«&nt  fn'hjT* 
Mothers  can  do  ■,  for  though  they  being  feduced,  do  unnaturally  leave  their  children  ""a,T  fid<l:«>»- 
to  the  wide  World:  yet  the  Chuich  like  a  pious  Mother,  as  fhe  keeps  herfelf  dofe  to  ^.TSjl''*' 
truth,  fo  doth  fhe  keep  her  children  dofe  to  her  in  the  truth  declared  by  her  and  de-  <.<t<». 
fended  from  her,  for  their  fupport.     And  thus  fhe  fhews  her  felf  a  pious  Mother,  who 
more  regards  the  unity  and  edification  of  her  children,    then  her  own  lultrc  and  fatis- 
fa&ion,  which  is  the  caufe  that  fhe  as  pious  as  fhe  is,  does  that  fometimes  ex  plenitu- 
dine  efiMus,  which  fhe  approves  not  in  examine  firiifi  fudicii.     1  his  the  Text  caifs 
dtfyenf<tre~\  a  relaxation  and  exemption  from  the  ordinary  rule, 

which  though  the  Church  of  God  in  all  times  haih  in  things  indiffe-       N°n-  <*"»  «M  *f  d,jt,nf,m  ?»<» 
rentufed,  as  St.  Paul  bore  with  thofeef  the  Cinumclfnn.  even    &JZZ%^5*%^ 
while  he  preached  and  prefled  the  Circumcision,  not  of  the  fiejh  and    pevivw*  </<«>.«/?.   Aiciat.  /;*.».  4, 
the  letter ,  but  of  the  Sfirity  and  the  Church  has  fince  done  after  the    #$£  Zm™'*u!,£„  („  ,„ 
example  of  Chrifi,  who  though  he  were  the  end  of  the  Law,  yet    £<a>»  mm  «™»»«2.*"anauT  rhoni' 
was  prefent  at  and  affirmed  the  Pacdagogy  of  the  JeVrs  while  it  was    t"mf"»^ j«*fi.  »7. «".  <. 
the  way  of  the  National  worfhip  f  yet  in  things  of  an  abfolute  evil     J^tS^*.' £%£?J£ 
nature,  the  Church  never  arrogated  a  power  of  difpenfation  -,   for    cl,'f"-  f'-»»d  f<;*»i*.  9».  «.,«•/; ». 
the  Church  being  but  the  body  of  Chriit,  cannot  do  any  thing  valid    JSttTtJt&^rS  *,"*?  T" 

.     n  ,  P  11*  ^Ltt.         1  1  n  "  >"*  '*"*"'  *'f?'"f""i'  valeri  in  Fort 

againlt  her  Head,  as  the  legitimation  of  what  he  has  damned,  muft    *•"■  fi*><>»  >»Fm  ?m.  Beiiaimin.  r».;. 
and  will  be.     And  of  this  nature  I  apprehend  difpenfations  in  cafes     cffai't£fi1'1-'u- 
of  legitimation  of  Children  upon  fubfequent  Marriage  muft  be;  ''',!!' 

for  if  it  were  in  its  own  nature  a  fin  to  couple  with  a  woman,  which  is  not  ours  by  Mar- 
riage, then  to  marry  her  cannot  cxtinguifh  the  fin,  nor  admit  into  an  unflained  ftate  **  *'%'$■"'"'' 
the  proceed  of  it,    Vuodtnim  ab  initio  temporis  non  valet,  progrrtfu  temporis  non  etnva-   n»ful  c,""Jl,l" 
lefttt  -,  and  hence  fuppofing  the  Church  of  Rome  allowing  the  Popedifpenfative  power,  potf*" '"•"  >»"* 
not  onely  in  ordinary  things  (  his  Prerogative  herein  not  infringing  the  Prerogative  of  f«*^,{"X" 
(thrift,  who  onely  can  forgive  fins  )  but  in  higher  matters,  fuch  as  are  the  licencing  of  riioioir.  sym»g.' 
Marriage  within  prohibited  deg.ees,   taking  and  breaking  Oaths,  Pluralities  of  Bene-  '**'-,lff- 
fices,.  incontinence  of  living,  &c .    In  thefe  cafes,  if  the  Pope  fhall  honffte  accipere  t/uU  D«»tenm  u.  3. 
inhonejie  pttuntur,  give  way  to  fudi  things  to  advance  his  peace,  or  enrich  his  Coffers,  *>«■>«»/««•«.«. 
which  he  feems  to  make  by  arguments  of  fubtlety  to  be  proprie  &  quarto  modo  ( as  I  may  aefflrm.  w,  i\ 
fo  fay)  for  the  Church's  edification, lecaufe  to  maintain  his  fpIendonr,in  which  he  would  '■  "• Dl  '**$»$• 
make  the  World  believe  all  the  Church's  good  and  greatnefs  confifts.  r  fay,  if  the  Pope  '"'  c°mU,°""a- 
fhall  do  tms  as  thi  viruall  Church,yet  it  is  more  an  argurr  ent  ol  his  pride  to  ukirp  it  and  Tyw.  s^.  P.  :4s. 
of  his  Church's  cowardize  to  fuffer  it,  then  any  a  gumentthat  they  appo\edogmati-  j'1"' D""  f°"n 
callyof  it,   ^aia qHadamtoleranturqn£  non  approbantnr,  of  which  infinite  niiiances  clft'" JhiZfm'* 
might  be  produced, fo  fome  things  are  permitted  which  are  not  commanded  in  our  own  **""  Taf *■   ■ 
Laws.  Z)fnrj  the  Stat.  37  H  8.  c.g  calls,  A  thing  unlawfully  it  was  by  the  Saxon  Laws,  t£fft*£t& 
V  tier  If  prohibited  by  the  VtordtfGod  a*  a  vice  mofi  odious  and  dutiable, .  as  the  words  of  r««r  l.  s.  Ed* 
the  5  &  6  £.  6c.  20.  are,   though  the  13  EU*.  8.  repeal  the  c  8c  6  E.  6.  and  re-  "rdi  fi  v"'  * 

■  l  *  1  •  1        11  ^  %  •  n         -fir*  conviUtii. 

invigorate  the  37//.  8.  yet  does  it  onely  allow  V(ury  at  10.  /.  pfrCent.  asthen  fa-  cunni.  w.  s.' 
cob.  c.  17.  does  at  8.  /.  per  Cent,  for  a  year  to  be  unpenally  taken  -,  AH  V/nry  forbidden  '■  '*• 
by  the  Tvrrd  of  God  it  exprtflycalls  Sinand  dctefiable,  but  the  Z>furj  it  permits  and  dif- 
penfes  with  ( mt  allowing  the  pratticeif  Vfurj  in  the  point  of  Confeience  and  Religion, 

B  b  b  b  2  fo' 


t  Cor.  7. 


A,y%  A  Commentary  upon  Fortescue, 

foare  the  words  of  the  *i  facet,  c.  17.  confirmed  by  ;  Car.  4.  )  is  as  to  any  advan- 
tage the  Civil  Magiftratc  fhould  takeagainft  the  takers  of  it  -,  thefe  Statutes  taking 
si*i.Mtri,-.€  s.  away  the  old  V fury,  which  before  the  Statute  of  Merton  w.is  pra&iced  here  by  the 
iimiu.f.ij.  itwSit  an(J  afcer  till  tfenry  the  Seventh' stmt,  when  by  the  Statute  of  3  c.  5.  it  was 
declared,  Forafmuch  as  intertable  damages,  le/s,  and  impoverishing  of  this  Realm  a 
bad  by  damnable  Bargains  grounded  in  V[«rj,  coloured  bj  the  name  of  «w  Cheivance, 
contrary  to  the  X«w  4  Natural  fuftice,  t»  the  common  hurt  of  this  Land,  and  to  the  great 
dijpleafnre  of  God.  I  fay,  the  Law  though  (it  taking  away  thefe)  did  permit  moderate  in- 
tereft  to  be  taken  ■,  yet  did  but  what  the  Text  terms  diijenfare  wich  the  taking  it,  as 
not  looking  on  it  as  a  matter  of  confeience,  but  as  a  great  expedient  for  trade  and  cor- 
refpondence  between  man  and  man  .-  and  thus  Vfttrj  at  this  day  (landing,  the  Law 
may  be  faid  difpenfare  rather  then  conftitnere  Vfuram.  And  fo  in  other  cafes  inftanccs 
might  be  given,  which  confirms  the  Ghancellour's  pofuion,  that  the  Church  in  admit- 
ting the  lflue  ^ffuch  after- Marriages  for  lawfull,  does  not  fo  much  doftrinally  conlude, 
tt  pioufly  difpmfe  with  what  thus  happens  upon  prefumption  of  fubfequent  penance  in 
them,  and  future  fatisfaftion  to  be  made  by  them  for  former  fcandal,  Per  Matrimonium 
fubfeauens  docctur  Ecelefia  centrahentes  poemtere  de  praterito  &  de  future  per  Matrime- 
nittm  fe  velle  cehibere  ~\  And  then  as  the  Text  fayes,  if  Saint  Paul  did  Frana  virgini- 
tatts  laxare  auodconfulerc  noluit~\  Jf  he  that  preferred  virginity  above  Marriage,  yet 
did  indulge  Marriage  to  Chriftians  in  perfecution  rather  then  burning,  Abpt  ut  mater 
tanta  ?  ]  Our  Chanccllour  puts  a  God  forbid  upon  the  denyal  of  the  Church  to  (hew 
lenity  to  her  Children,  when  they,  fallen  into  fin  by  aforefaid  enjoyments,  defire  to 
return  from  their  wandrings  by  fubfequent  Marriage,  and  this  is  that  which  he  pro- 
duces in  favour  of  the  Church,  JQua  foetus  hstjusmodt  habet  pro  legitimu,  that  is,  if 
the  woman,  Mother  of  them,  be  before  in  cencubinatu,  infamilia  rettnta,  fo  that  there 
wrtii  cta"tet  be  an  undoubted  arTedion  as  in  a  wife,  (faith  the  learned  (a)  Bachelour,  who  makes 
»nd  wonis,  P  many  Dofiours  therein  to  agree  with  him  )  in  this  fenfe  the  Church  takes  Prolem  ante 
Matrimenitm  natam  prt  legitimis. 

Stdlongc  aliuminhoccafu  Lex  Angliae  effeSum  opcratur,  dum  ipfa  nan  cone  it  at  ad 
peccatum,  neque  peccant es  fovet:  fedterreteos,  &  ne  peccent,  minatur  punas. 

This  he  produces  to  purge  the  Law  of  England  from  cruelty  and  unmefcifulnefi  in 
this  exdufion  ^  for  Marriage  being  the  iuftitution  of  God,  and  Luft  a  ©ro/u*^'*,  noc 
oncly  a  pugnation  with  God  but  with  nature,  which  intentionally  by  it  in  her  nobleft 
operation  is  defeated ;  the  Law  of  England  to  prevent  or  correct  this  On  commit- 
ted, doth  incapacitate  the.  iffueof  it  inheriting,  and  puts  a  deferved  blemifh  upon 
them.  And  this  it  does  to  declare  its  abhorrence  of  vage  luft  and  inordinate  copula- 
tion, the  fin  much  of  the  Nation,  and  that  which  the,  Law  would  be  interpreted  in  not 
pumfhing  to  encourage,  and  in  not  abhorring  to  chefifh.  Therefore  is  the  Law  con- 
ftrained  minare  fcenas,  not  safi ration  and  exoculation,  which  are  fince  Chrift ianity  anti- 
quated, butillcgitimationoftheifiue,  and  adifherizing  of  them,  as  no  Cjons's  from 
the  root  and  growth  of  the  family;  and  if  children  be  gotten  between  two,  an  of- 
fence again  fi  God's  Law  and  man's  Lav,  the  words  of  the  Statute  of  18  Elit,.  c.  3. 
cnpun  *  ct„f»-  The)  Jhall  be  provided 'for  by  the  reputed  father  and  mother,  fo  is  the  Statutes  direction 


UkIh*  *»i*ft»-  L»w  does  to  fhew,  as  Braclon  iayes,  That  luxurious  and  incefinous  perfent  are  to  God 
Xuri.f,  irmcfim.fi  abominable  ■,  and  Phil*  gives  it  for  a  reafon  why  Baftards  are  not  to  come  into  the  Con- 
Ma'ttlaZn*'  Srcg*tion  °f  God,  "On  iwSttsnp  &i  5jb*x*,  &c.  Becaufe  thefe,  Archers  fljoetiug  at  Re- 
tt. 1.  At  dcaui-  vers  dintc  their  Arrows  ti  no  one  tnely  ebjell,  but  being  wilde  and  of  random  fancies ■ 
r.nd.r.rnmi.mi-  imagine  not  One ,  God  the  Creatonr  and  I'referver •  ef  all  things ,  but  many  caufes  and  prin- 
fiii.ct /..$.  .  cjpjej  ef  xh'iugs  and  creatures,  and  thence  are  execrable  to  God,  b/caufe  Autheurs  if  all 
LH.dtcnfi.fi.nt  monfirtus  and  prodigious  tenents  and  alliens,  the  tjfefts  of  thiirvaft  wit sand  limit lefs 
«•«••*".  R*w-  paffions,   ximsphilo. 

And  therefore  fince  Camis  illecebra  fementomn  egent  \~\  and  that  be  the  Lawes 
never  fo  ftrift  there  will  dayly  difhonour  accrcw  to  God  by  the  infirmity  of  our  nature, 

and 


A  Commentary  upon  Fortes  cui. 

and  the  advantages  Satan  takes  by  our  difcovery  of  our  felves  to  tempt  us,  as  die  .<>- 
rit  amenta  lafciva,  be  importunate  and  inftffint,  (never  expiring  menace  of  us  while  we 
are  in  the  body )  foareour  vigilanries  and  remedies  to  be  luted  thereto,  and  all  little 
enough  to  keep  under  the  body,  which  naturally  tends  to  expend  it  felf  in  generation 
rather  then  on  any  other  way  ■,  for  every  creature  naturally  defiring  being  and  per- 
petuation in  its  kinde,  embraces  that  which  thereto  tend?,  which  becaufe  to  generate 
it's  like  is  the  onely  means  to  effect  hisdefire,  his  actuation  will  thereto  drive  .-  and  fo 
man  having  the  common  notion  of  defire  with  the  creature,  intenfly  delignsthecon- 
dHcement  thereto,  and  is  kept  from  it  by  no  reftraint  but  that  *ErJhv  Ji*.*sne.iov,  Vir- 
tue divinely  restraining,  or  fear  of  pnnifkment  ftrvilely  deterring  him ,  which  the  wif- 
dom  of  God  well-knowing,  rivetted  in  humane  nature  fuch  prudence  and  confervative 
Principles,  as  do  anfwer  every  rcquiry  of  Nature's  infirmity,  and  adjuvatc  every  branch 
of  the  intereft  of  God  in  the  circumduction  of  things  to  the  full  point  and  confidence  of 
his  glory,  for  which  he  made  the  World  and  all  creatures  in  it. 

Et  homo  qttum  individm  perpetuari  nequit ,  perpetuari  naturaliter  appetii  in 
ffiecie  fua  ■,  quia  omne  quod  vivit,  affimilari  cupit  can  ft  prima,  qua  perpe- 
tna  eft  &  ttttrna. 


Ml 


NtcigdrMm  fuif 
Ad  quietam  &•  pa. 
cifcAm    haminum 
vitarn  AliaHAs  ab 
hommibui    Leges 
intpani.  quibut  he. 
mines  tmprebi  me- 
tu    pmn.%  4  vitiis 
egbilerentur     rjr 
virtutem  Affeqni 
fc/jin/.  S.  Thorn. 
(rim.  fecund.  «». 
»S  art.  I.  Cet- 
cluf. 


Job.  l.A. 


This  is  here  introduced  to  fhew  the  reafon  of  man's  dotage  on  generation-enjoy- 
ments, 'tis  becaufe  the  good  of  being  ever  he*  cannot  obtain,  (  his  body  being  ele- 
mentary, mixed,  and  fo  diiTolvable  )  his  great  drift  is  to  contribute  to  the  being  of  his 
kinde,  though  by  it  he  pay  the  death  and  deterfnination  of  his  perfon  ;    for  though  the 
life  of  man  be  dear  to  him,  ik>n.for  skin,  that  is,  one  part  of  his  fubflance  after  ano- 
ther 'till  all  be  exhauft,  will  a  man  give  for  hu  life  «   yet  to  be  a  benefactour  to  foc- 
ceflion  in  prolification  is  that  which  preponderates  life,  and  more  natural  and  noble 
is  it  for  man  to  carry  on  the  focceffion  of  man  by  generation,  then  to  enjoy  individual 
lifeifit  werrpoffible  to  a  perpetuation,  becaufe  the  one  is  but  a  folitary  good,    the 
other  a  diffufive  and  general  one  •,   which  Abraham  no  mean  Artift  in  nature  as  well 
asin  piety  apprehending,  complains  to  God,  that  all  he  had,  did  Rim  no  good  face  he  am.it. x 
went  thildelefs,  as  conceiving,  he  lived  not  at  all  to  the  purpofaof  nature  who  had 
not  generative  energy,  or  having  it,  expreffed  ir  not  -,    nor  did  he  feem  to  himfelf  fa- 
voured by  the  God  of  nature,  whofe  natural  endowment  orderly  expended  brought 
no  harveft  to  fucceflion.    Now  though  I  am  apt  to  think  there  was  fome  fenfual  inftinct 
thacimprelTes  this  defire  and  urges  on  this  impetuofity  of  man-  yet  do  I  not  believe 
but  that  fomt  ambition  of  a  temporal  eternity  a9  pledge  of  afllmilation  to  the  firft  caufe 
(in  a'degree  and  apprchenfion  of  perpetuity,  and  as  it  were  indeterminatenefs  of  being) 
acts  man  to  this.-  &  God  having  furnifhed  him  with  foulary  powers  to  it.proportionatci 
corporal  Organs  to  thofe  offices  of  life  and  activity,  Vndt  fit  quod  plus  dtUElatur  homo  in 
fenfutaffus,   quo  fervatur  [pedes  ejus,  ejtiamin  fenfn  gujtus.l  The 
Senfes  of  man  are  the  deficient  participations  of  Intellect,    fay  the 
Scholes,  becaufe  they  diftinguifh  of  objects  and  things  by  fome  di- 
rective and  difcriminative  property,  which  is  like  though  not  very 
intellectuality  •,    thofe  fenfes  that  are  here  mentioned  are  the  two 
keeneftand  moftconfequentofall,  Tafte  and  Touch,  which  though 
they  be  but  one  in  the  true  nature  of  them  (Touch  comprehending 
Taite  as  it  ii  the  fenfe  ofall  the  parts,  whereas  Tafte  is  but  the  touch 
ofthetongue)  yet  are  diftingmfhed  in  the  order  of  Senfes  •  andas 
no  man  can  live  without  food  and  tafte,  fo  no  man  can  generate  this 
kinde  without  touch.     Therefore  the  (4)  philofopher  makes  this  in- 
feparable  to  generation,  Zytyawif  m$»v  ^TifanK*.,  &c.  Men  and 
aH  Creature/  that  do  generate  have  touch.   And  man,  though  he  be 
anfwered  nay  exceeded  in  other  fenfes  by  the  creatures,  who  have 
them  in  tranfeendency  above  him  ;   yet  in  touch  and  tafte  he  is  Lord 
of  them  all,  none  have  them  in  any  degree  comparable  to  hirn.  This 
is  bis  peculiarity  and  donative  of  Prerogative,  wherein  he  is  more 
excellent  then  all  the  works  of  God's  hand  ;   for  this  is  that  without 
which  no  other  fenfe  were  acceptable  to,  or  illuftriws  in  him :    for 


Sinful  eft  ijujdtm  deficient  ftrticipA- 
tie  Intellellm.  Sanft. Thorn,  ptrt.  I.  qu. 
77.  at'.  7. 

S inftii  guftm  auiiiim  fpecies  t Actus  q»A 
eft  in  lingua  tannim,  now  Aitlem  diftingH.'- 
tar  a  tdRu  ingenere.  fed  A  ticih  t.mlHm  Ad 
Was  fieaes  qiiA  fcr  lotum  cerpus  diffun. 
dunmr.  Santt.  Thom.  qn.  7!.  Art.}.  a4 
quArtum  dictnd. 

Slued  cum  dbfque  aIUs  fenfiLut  vivere. 
pefnmus.Abtque  a/peUufctlutt,  ederAtu.At:- 
ditu.  Mque  lemplexu.  Absque  guftu  Cr  <<- 
ia  imptjnbile  eft  Immanum  fufiinere  eer- 
(us.  Sanit.  Hition.trAc?.  1.  '.t. 

(»)  Hift.  Animal,  lit.  4*  *.  I. 

mt  $  eu&nnui  t\»m  i*.\w.  lib, 
i.e.  1  J. 


in 


4_74-  d  Commentary  upon  Fortescue. 


in  tbefc  his  foul  eminently  appearing,  does  accommodate  them  with  all  the  energies 

piin  w.io.  up.   an(j  fubfdies  of  it,  which  is  the  fenfe  of  the  fhilofopher,  lib.  n  De  Anima.  c.  3.  and 

£im4.,,*9      therefore  in  the  third- Book  and  twelfth  Chapter,  he  calls  the  touches  of  the  tongue 

Cikt.  Dttnims.    an{J  0f  a|J  the  body,  'Arayx-aitu  audntHt  t&J  £«a>,  The  neceftary  fenfes   of  living  crea- 

*CMki%'od**.     "*>";  which  touch  of  man  being  fo  excellent,  ( and  as  it  is  more  quick  in  fomemen 

then  others,  fo  argues  more  excellent  fouls  and  prudent  mindes )  is  the  reafon  why  a- 

Dt  bove  the  ordinary  proportion  of  men,  wife  and  brave  men  are  moft  addicted  to  Ve- 

frtm"'«L-i>  '  neryi    not  onely  upon  the  account  that  men  generally  are.  which  the  Fhilofopher  men- 

tions  when  he  fayes,  Thtre  is  no  time  cxclufive  of  their  courtefic  at  there  is  in  other  crea- 

Netethis.        tures :  but  as  they  are  apt  to  intend  an  objeft  fummarily  and  to  an  extafie  of  degree, 

F^MfttfriuT'ut.  anc' on  chat  object  f<>  enamouring  them  and  enamoured  by  them  to  expend  themfelves 

•De%m'fMh.  &'  to  a  prodigious,  luxuriant  and  boundlcfs  proportion,  which  in  fome  has  been  not  onely 

umifttb.  e»i*.     t0  the  heighths  of  conftitution  and  civility,  but  even  to  an  infaniency,  or  what's  further, 

Irh*v°9"nus/"rt'  exanimation  •,    thus  dyed  Cornelius  GaUus  and  Quintus  Haterius,  two  Roman  Knights] 

nin  hi.  7.  ^tni-   an(J  pontanus  reports  one  Btltrand  Ferririas  of  Barcelona  fo  to  have  dyed,  and  mulri- 

**  tudes  of  others.     But  enough  of  this,  that  onely  which  I  drive  at  is  co  commend  the 

reafon  of  the  Text,  that  as  the  fenfe  of  Tajfe  keeps  man  by  the  help  of  meat  and  drink 

to  live  this  bodily  life,  which  is  vivere  in  individuo,~]  fo  the  fenfe  of  Touch  enables 

him  to  immortalize  his  frail  body,  by  generating  his  like,  which  is  vivere  in  fpecie  : 

and  by  the  improvement  of  this,  Fins  deleilatur  homo  in  fenfu  tatlus,  quo  fervatur 

fpecie st jus ,  quam  in  fenfu  gufius ,  quo  confer  vat  ur  individuum. 

Quart  Noe  ulcifcens  in  fklium  qui  ejus  pudenda  revelav'rt,   nepotifuo,  fike  delinquent  is 
malcdixit,  ut  inde  plus  cruciaretur  reus  quam  propria  foffit  incommode. 

This  Quotation  is  out  of  Gen  ix.  25*  where  Cham  the  fecond  fon  of  Noah  is  curfed 
for  his  unnaturalnefs,  in  that,  when  his  father  was  denuded,  he  did 
'O  p. '  $  l*>  tfotfjiat  J/«r  not  modcftly  cover  him  as  his  brothers  did,  but  rudely  beheld  him 
*  *rA&  yj[»h  i&fAiiw  &  with  a  bold  and  braving  glory  over  his  infirmity,  which  therefore 
■phlo-v  £  £A,  &c  Philo  lib.  (Sod  curfes  him  for,  and  to  fhew  his  abhorrence  of  fuch  a  childelek 
de  his  verbis,  refipuit  Noe.  p.  pinaturalnefs  curfes  his  pofterity ;  for  Canaan  his  fon  for  this  fad  is 
37g#  condemned  to  be  a  Servant,  of  ferv ants,  that  is,  the  meaneft  offer- 

ee* tantum  fervilis  erit  vants,  not  onely  of  a  fervile  condition,  but  more  bafe  then  fervility 
conditio  Jed  vulgari  fervitute  to  men  can  be  thought  to  be,  n«f  hiM-nf,  Servus  perpetuus  qui 
deterior.  Vatablus  in  Loc.  nmquam   manumittitur  ab  eo  cui  fervit,   as  Drufius  renders  it : 

though  therefore  Cham  was  the  immediate  finner,  yet  God  to  fhew 
■Haucsimr  3  his  Judgement  on  his  fin,  punifhed  his  fon  Canaan,  inafmuch  as  Canaan  fignifying  C«m- 
J<Mf  ihviju-  motion,  was  flirred  up  by  Cham,  which  imports  Heat;  for  though  the  fin  were  in 
ct  «ei£w,  &c.  Cham's  heart  lurking,  yet  fo  long  as  it  appeared  not  in  villany  of  aftion  Goddecla- 
philo  lib.  red  not  the  curfe  againft  it,  but  when  it  did,  puniftied  it  in  his  pofterity  who  are  to  this 
pracit.p  280  day,  A  Seed  of  Evil-doers. 

Square  Lex  qui  vindicat  in  progeniem  delinquent  is,  pcnalitts  prehtbet  peccatum,  quam 
qua  folum  delinquentem  flagellat. 

This  is  a  good  confeftary,  and  juflifies  the  Law  of  England  in  that  it  follows  the  Me- 
thod of  God  in  punifhing  Children  for  Parents  tranfgreiiions  ;  for  though  the  punifh- 
ment  of  Hell-fire  be  annexed  to  the  perfon  that  fins,  according  to.that, .  The  Soul  that 

Et'-h.  ir.  finneth  it  fhaU  dye,  And  the  father  Jhallnot  bear  the  iniquity  of  the  fon  n*r  the  fon  of  the 

father \  but  everyone  JhaUanf^er  to  God  for  their  own  deeds  and  not  for  anithers  ;  yet 
in  external  punifhment,  as  the  good  of  Parents  often  reaches  evil  children  their  pofte- 
rity, fo  the  evil  deeds  of  Parents  often  reaches  good  children  their  of-fpring,  (  and  that 
for  the  greater  folemnity  and  notoriety  of  God's  Sovereignty  both  in  rewards  and  pu- 
nifliments:  )  Anfwerable  to  which,  As  Qodiskniwn  by   the  Judgements  he  executeth 

Ffai9.1t.  rrhen  the  wicked  are  taken  in  their  own  fnare-,   fo  is  the  power  of  God  in  thediftribu- 

tion  of  earthly  Magi  Urates  to  be  proportioned  as  may  moft  encourage  to  good  and 
deterr  from  evil.  Which  becaufe  thofe  Lawes  do  moft  effectually,  that  reward  the 
childe  for  the  father's  virtue,  and  punifh  the  childe  for  the  father's  fin,  as  in  the  cafe 

'     of 


A  Commentary  upon  Fortes  cue.  475 

of  Baftardy  the  Law  of  England  doth.  The  Chancellour's  pofition  that  the  Law  of 
England\s  Ltxcafi*,~}  and  chat  quia  facitcaslos  by  its  admonition  and  difcovery  of 
the  excellencies  of  continency  j  or  if  it  works  not  that  effeft,  yet  it  docs  fortius,  fir' 
mittsquc  rtpcIUrepeccatum,  by  declaring  the  iflue  of  incontinence  Illegitimates,  then 
do  thofe  Lawes  that  do,  tx  Alatrimonit  fubfequente,  allow  them.  This  being  the  Chan- 
cellou'rs  conclusion,  He  therewith  ends  and  fo  do  I  the  Notes  on  this  Chapter. 


CHAP.   XL 

f rater  ea  Leges  Civile  s  dicmt  filinm  naturalent  iutm,  tffe  filing*  ptpnli,  de  quo  Me- 
trieus  qu.dam  fie  ait.     Cut  pater  eft  popultts,    pater  t§t  fibinuSns&  »mnu, 

TO  the  honour  of  the  Civil  Lawes  be  it  written,  that  they  do  all  imaginable  Ho- 
nour to  Marriage  and  all  dishonour  to  the  contrary ;    the  rule  therefore  of  the 
Law  is,  That  the  Marring?  proves  the  Son,  and  that  the  fon  that  will 

have*  father  and  inherit "from  him,  mnfi  he  the  fon  of  his  Marri-  .^Sr"*  r,i*'"L  /""""■  Gloff.*^ 
age,  thus  Celfm  peremptorily  concludes,  and  Vlptan  fayes  jt  is  the  w «««;#£}£:.>.»*. 
Law  of  nature,  That  he  that  is  born  out  of  lawful  Marriage,  unlefs  cum  t'g<"<*»  »*t"*  f*&*  /"«"».  r»- 
there  be  a  particular  Law  to  the  contrary,  has  no  relation  to  his  father  ^Jg^SiSSmZ'* 
that  begot  him,  but  mxfi  relje  on  his  Mother  that  bore  him:  to  this  La  n*tur*  i>*e  eft.  &c.  Ulpiw.  lit. 
aetreesTholoffanm,  who  calls  thefe  natural  fons,  Spurii,  his  words     ^^xabinum. 

O-"/  .   y  ■       r  rr  •  D'geft.  lit.  I.  tit.  j. ». »i. 

are,  Cum  naturaustantnm  proem  apatru  Juccefjione arceantur  omnt       symag.  Juris. /<*.»». c.%t.  ff.u.  & 
iUicito  ctitu  reprobato  jure  divino,&  naturales  etiam  idto  a  feudo  re-     M  •*•  «•*•  ff.  !,*■».  &  /<*.♦♦.  c.  *• 
jitiuntur  pater*,    etiam    fi  fuerint  legitimati  referipto    Principis,        j'jfc  Lt£  ,iu  ffl>  Fmmiunm 
and  (a)  Aleiat  allows  onely  legitimate  fons  to  be  of  their  father's     4»s. 
family-,    yea,  fo  doth  the  Civil  Law  fupprefs  thefe  as  to  any  thing 
of  fplendour,  that  though  they  come  from  the  body  of  a  man,  yet  his  Nephews  and 
remoter  kindred  fhall  inherit  anefnot  they  ;   for  they  being  'Awa-nost  are  therefore  left 
at  large,  and  by  the  Law  unprovided  for  as  Grangers  are  •.    anfwerable  hereunto  is 
Littleton's  rule,    A  Baftard  is  quaft  nuHius  filius,  and  therefore  can  lay  claim  to  no  cook  «■  Little- 
bloudor  fortune  by  defcent,  but  if  any  he  hath  it  muftbeby  deed  or  will,  by  which  «•■•  f-»«i- 
they  often  (and  God  forbid  it  fhould  be  otherwife)  haveeftates  given  them:    for  if" 
any  man  knows  a  perfon  to  be  his  childe,  though  finfully  begotten,  ( the  more  is  his 
fharae  and  ought  to  be  his  forrow  )  not  for  him  to  give  it  his  eftate,  if  no  lawfull  chil. 
dren  he  have,  or  fomething  of  it  if  fuch  lawfull  children  he  have,  is  a  very  great  unna- 
turalnefs,  and  that  which  difcovers  an  horrible  ingratitude  to  nature,  and  afenfuality 
in  himfelf  which  he  ought  to  recompenfeto  the  childe  which  was  paiTive  in  the  aft  of 
his  generation,  and  yet  is  thereby  rendred  infamous  ;    which  One,  as  I  have  heard  of 
note,  in  the  Reign  of  King  James  the  wife,  considering,  and  having  a  great  affeftion 
to  bis  natural  fon,  fettled  his  eftate  upon  him,  his  Kindred  endeavouring  to  make  it 
void  by  d  Bill  of  Equity,  had  as  much  right  done  to  them  therein  as  the  eloquence  of 
Sir  Ftancis  Bacon  then  a  Pleader  could  afford  them  •,    upon  the  clofc  of  Sir  Francis  his 
elaborate  impeachment  of  the  fcttlement,  which  he  faid  was  done  t*  make  and  favour 
a  fpurions  brood,  the  then  Judge  of  the  Court  of  Equity  leaning  upon  his  flafT,  arid  we!! 
attending  the  ftrength  of  his  arguments  and  the  vehemence  of  his  exprefflon,  notwith- 
standing them,  decree*"  for  the  Settlement,  faying,  Ttrram  dedit  flits  hominujn,  where- 
in he  did  well  ( if  the  cafe  was  onely  thus  as  1  have  heard  it  reported. )    lor  reafonable 
it  is,  that  he  that  has  the  power  of  an  eftate  fhould  fettle  it  as  he  pleafos,  and  to  thole 
he  beft  judges  to  deferve,  which  certainly  thofe  muft  by  any  reafonable  man  be  judged 
to  be  who  are  his  children,  though  not  legitimate,  he  having  none  fuch    yet  natural, 
and  fuch  he  having.     Which  I  write  not  in  the  leaft  degree  to  apologize  for  loofenefit 
which  I  hate,  or  to  diflionour  Marriage  by  the  benefit  oi  which  ( I  blefs  God)  I  (have 
been  happy  in  a  ferene  life  and  an  hopefull  iflue  ;    but  to  diflallow  that  execrable 
oblivion  and  fordid  folly,  which  too  much  fwayes  with  wanton  and  wilde  perfons,  who 
firft  fin  agiinft  God  in  begetting  children  in  vage  luft,  and  then  finagainft  their  own  bo- 
dies, in  difownin*  fuch  fupport  of  the  fruit  of  tnero,  as  they  are  able  in  point  ofeftatc 
to  allow.    But  otthis  enough.  Cni 


Dyer.  (.  in. 
145- 


In  Margin. 
Gltf  fit.  Afeft. 
tl.rw.  t.  it  rim 
H»fti*mm  p. 
tilt. 

Ulpunus  tii.f. 
hn  fruk. 


Yj6  A  Commentary  upon  FortejcuI. 

Cut  pater  eft  fopnlus,  pater  eft  fibi  nulLus  &  omnis. 
.  £ui  pater  eft  popnlus,nen  habet  ipfe  patrem. 

seft.m.of  This  is  mentioned  as  the  faying  of  a  certain  Metrician,  but  whom  I  know  not,  nor 

viiienage  f.xu.  j^  sir  £4,T»ura' O^.  t  who  yet  recites  it  in  his  Commentary  on  Z»'«/«ew,mention  the 
Authoar  of  it,pofiibly  'tis  fome  obfeure  Monkifh  Diftich,whofe  Authority  being  of  ur- 
gent weight,  the  authors  name  may  remain  a  fecret  without  lofs  to  any  Reader ;  the 
lenfe  of  it  is  but  the  fame  with  whatin  other  words  is  fore-cited,  and  therefore  ffhall 
mention  it  onely  as  a  pafs  to  that  abfurdity  which  the  Chancellour  fayes  will  follow 
upon  legitimation  ofiffue  upon  fubfequent  Marriage,  to  wit,  That  when  as  a  natural 
childe  he  had  no  father  at  his  birth,  thereby  he  after  gets  a  father  and  fo  becomes  a 
lawfull  cbildc  •,  which  in  reafon  no  children  being  pofiible  to  get  without  aid  ©f  that 
Glofs,  which  is  diametrally  contrary  to  our  Common  Law  rule,  £)ued  *b  initio  Mon  va- 
let, ex  peflfaBocenvalefcit,  which  though  it  be  a  good  Glofs  to  that  of  Vlpian's  in  the 
cafe  of  a  Senatour,  Ad  Legem  fuliam  &  Papiam  there  treated  on,  and  a  Libertine 
may  by  the  Prince's  indulgence  become  jufta  uxor  •,  yet  in  cafe  of  iffae,  ex  poftf*tl$ 
legitimated,  is  very  hard  to  yield:  nay  certainly  fince  the  Text  fayes,  non  novit  na- 
tura,  how  a  man  can  be  father  after  birth  that  was  not  father  at  the  birth  of  a  cbildc. 
It  may  be  added,  nee  admittere  debet  fu/titia,  how  from  a  corrupted  fountain  of  lewd 
fruition  the  pure  ftreams  of  legitimate  children  fhould  flow. 

Maxim  e  infru  regnant  Anglit,  ubi  filius  fenior  feint  fnccedit  in  her  edit  ate  pa- 
ttrna. 

As  marriage  is  defined  by  philoxenus  to  be  mmumv  £vff  ©•  £  yureuKit,  the  cohabita- 
tion of  man  and  woman  in  all  conjugal  dutyes,  fothe  fruits  of  it  are  by  the  Law  of 
conjugation  to  inherit  the  poffeflions  of  thefo  marry ed  couples :  And  that  in  Enrland, 
not  as  they  are  equally  allyed  to,  and  defcended  from  their  genitors  by  equal  propor- 
tions, but  as  all  the  glory  and  fovcrtignty  of  defcent  is  fix'd  on  the  eldcft  fon  of  the 
Family,  who  is  the  chief  inbloud,  and  alio  in  inheritance  above  his  brethren.  This 
the  fus  commune  o(  England  iWowes,  and  though  particular  cuftoms  in  Mannors  rule 
defcents  otherwife.as  in  Gavel-kind  and  Burrough-englifh  Tenures,yet  the  Lex  term 
is  fo  .that  folus  fenior  fnccedit  hereditate  paterna."^  And  this  feems  to  come  up  to  the  ap- 
pointment of  God  and  thediftate  of  Nature,  whereby  the  eldeft  being  the  head  of  the 
Family.as  every  fheaf  did  homage  to  his  fheaf,fo  did  there  fuch  a  Ma  jefty  refide  in  him 
that  he  beirg  mptoit  if  an  did  overtop  others  and  took  them  under  his  umbrage  to' 
defend  them  from  all  inconvenience,  and  to  be  a  kind  of  divine  Oracle  to  them  all. 
Thus  Reuben  is  faid  by  f  acob  to  be  his  fir  ft  born,  my  might  and  the  beginning  if  my 
ftrength,  the  excellency  of  dignity  and  the  excellency  of  power.  Now  this  the  Hebrews 
write  to  confift  in  that  the  government  and  authority  over  his  brethren  fhould  be  his 
as  their  common  father,  and  that  they  fhould  Rand  before  him  and  give  reverence  to 
him  as  to  their  father  •,  and  Drufius  adds  that  by  virtue  of  primogeniture  he  (hould 
have  two  portions  of  all  his  fathers  eftate  to  any  of  the  reft  :  Thus  Primogeniture  Was  ac- 
commodated amongft  the  Jews ;  with  us  in  England  'tis  fo  ordered  that  wherein  the 
elder  brothers  reverence  is  diminifhed,  his  eftate  is  advantaged,  the  younger  brothers 
are  not  bound  to  be  fo  fubmifs  to  their  elder,  nor  are  they  often  fo  •,  but  the  elder  bro- 
ther has  the  inheritance,  and  this  tycs  the  younger  brothers  to  their  refped  for  fear  if 
not  for  love.  All  the  while  fpurious  iffues  are  (as  to  defcents)  out  of"  doors.  For  as 
the  partus  aneillarum  &  fatus  pecudum,  are  by  Tryphonius  coupled  together  as  equally 
disregarded  by  the  Law,  fo  in  our  Law,  filius  ex  ftupro  cannot  participare  cum  filio  ex 
legitime  thoro'}  that  is.the  child  of  adultery  or  unlawfully  coition  (for  the  Julian  Law 
ufes  them  both  promifcuoufly  )  cannot  pertake  the  inheritance  with  the  childe  of  law- 
full  marriage,  becaufe  the  Law  looks  on  iffue  only  lawfully  begotten,  which  none 
being  but  tWe  born  in  wedlock  the  defcent  of  eftatcs  is  onely  upon  them  by  the  Law 
oiEngland. 


Z»  tjutd  pdttr   in 
tilo  frimttm  m*~ 
fuUnt  fu*m  vir- 
tuttm  txftrtt.    fr 
decUrnt  fe  virum 
€Jft.  Fagius  (r 
Munftcrusin  49- 
6eaef. 
Drufius  in  Ge- 
net', n. 


Ui.X  diffHt.  di- 
gtji.Lb.  IJ.fl>. I. 
tUfitnli:  S7« 
itufrnm  in  virp- 
rum  viduamvi 
ctmmittimr 
tjiud     Grtui 

nffilUnt  Budzus 
in  rand.  Kcliq. 

FlctaM.1c.14. 


Nam 


A  Commentary  upon  Fortes"  cut.  477 

Nam  Sanfttis  Auguftiuus  fie  fcribit,   Abraham  cmnem  anfumfuum  ded:'t]k.'C  filio      b  tt  DlCl,^ 
,  pliis  autem  concubinarum  dedtt  dationes,  ex  quo  videtur  innui  quodfpuriis  non  'H„ai,  c .  1S. 
debftur  hareditas,  fed  villus  mcejfitas. 

Here  is  an  inftance  in  confirmation  of  what  the  Law  of  England  does  in  the  cafe  of 
lawfull  iffue,  and  what  the  men  of  England  ought  to  do  in  the  fet  dement  of  their  e- 
ftates  amongft  their  children  ■    and  this  is  out  oi  Gen.  15.6.  where  ytf£rxtaw  a  moft   Cww»tlM  /■«., 
f    holy  man  is  ftoryed  to  have  by  the  permifiion  of  his  wile  (  a  beautyfull  but  as  yet  a  fitmh*  ci^;»..»;- 
barren  woman)  a  Concubine  named  Harar,  by  whom  he  had  a  fon,  begot  arid  "!"""r'Z'l'l:Z 

',,-  ,  .  11  1  -    1  1  •      "'1"  A"/"0  ft: 

brought  up  in  the  home,  and  to  whom  be  gave  love  and  portions  as  a  lather  to  his  fi,b*rr*tiont  & '*• 
children,  but  not  the  Inheritance  •    for  when  Sarah's  Ifaac  was  born,  then  the  Con-  v'inu<  c"mn'"' . 
cnbine  and  her  brat  was  to  be  gone,  Caft  tut  thu  Bond  Woman  and  her  fen  ( {aid  fhe )   <*     ,;,„. 
/or  f£f  fon  of  the  Bond-woman  fhall  not  inherit  with  mj  fen,  even  With  ffaac,  which 
words  of  vehemence  Sarah  fpake  as  the  challenge  of  that  right  which  was  due  to  Mar- 
*  riage,  and  the  fon  of  the  wife  by  the  Lawesqfnacure^   for  fo  the  Greek.  Oratour  fets  T*<  ft  $  i- 
out  the  right  of  Wives  above  Concubines  or  vage -women  of  fleafure,    which  men  ufe  at,   rtu&ii  tjbvnf 
andwhenthtjwiU  ;  and  their  luft  fatisfied,  throW  thtm  nff  &  debauched  V ermine  :    but   irt**  typhi, 
Wives  men  have  lawfull  and  inheriting  children  by  and  malie  them  Ladies  of  their  lives  and  #"c.Demolr. 
families.     And  CMufoni us,  after  he  had  made  a  very  eloquent  and  juft  Encomium  of  Orat.  contra 
Marriage  as  no  impediment  to  Philofophy,  (hewing  that  Pjthagtras,  Crates,  and-o-  Nextam. 
thers  were  furthered  in  their  ftudies  thereby,  concludes,  *07»  *i  ydyt  i.  dPiomZjkfoi)  ..t  „  , , 

_,  .  .  nil  a  ,?  1  /       .-.  r,  r        i        Mulonins  m  lit. 

ya,,ut<  bh    &c.    That  Marriage  mujt  be  the  mojt  excellent  and  Worthy  Rate  of  Ufe,   /<<-    „<„  Thil,fifbr*m 
caufe  the  G»di  are  particular  tutelar s  and  fautors  of  it,  and  do  f fecial  honour  and  refpeH  «■»'•'""'  »»?«*. 
to  it.     Yea  Hierocles,  when  he  has  written  notably  of  Marriage,  concludes  thus,    Oun  s™6  xus  '""' 
y)7reA«<i?K  rmv  m  »*tt»v  oixm,  &c.   Neither  can  Cities  be  without  families,  nor  families  Hierod*  ijk. 
w.thout  Marriage,  for  that  is  n*  per  feci  family  bat  maimed  which  is  not  fuch  bj  Marri-   Vc  s"t""- 
ate.     A  nd  hereupon  Concubines  and  ufe  of  women  befides  wives,  though  it  has  been 
of  old  tolerated  to  fome  perfons  and  in  certain  cafes,  yec  ic  was  non  ad  explendam  libi- 
dinem,  fedadgenerandumprolem-,"  and  it  did  not  make  a  man  exfultans  fedebediens 
.    conJHgi,  as  the  father  obferves  of  Abraham^  whom  though  it  very  forcly  grieved  to 
have  //»«?/ thruft  forth  and  difowned,  yet  it  irritated  not  to  brow-beat  Sarah,  or 
reafon  down  her  cagernefs,  which  made  the  father  cry  out  of  him, 

O  virum  viriliter  utentem  fceminit,  conjuge  temperanter,  ancilla  ob-         Lib.  1  6.  De  Civit.  Dei.  c. 
tewp'rantcr,  nulla  intemperanter,  but  to  yield  to  her  -,  and  when  his     f.%. 

wifethat  firft  betrayed  him  to  her  Maid,  recalled  her  indulgence  and       Spurius"]  d  art'^nv  feminart, 
remo'ved  the  rival  of  her  jcaloufic,   Hagar  goes  from  Abraham  and     quia  nihil  habet  dpatrc  nip  fe- 
Ifmatl  with  her,  and  though  it  grieved  him  to  turn  them  out  of    men.  Etymologiftae. 
doors,  as  rents  from  him  and  no  parts  of  him,  yet  away  they  went 
packing  with  fome  fmall  pittances,  fuch  as  after-timei  termed,  Ad  ?'  2*-6- 

not  hot  pertinentia  bona,  which  the  Athenians  railed  that  ptrt  of  a  ,  ,  .   .ft 

man's  eftate  that  he  might  give  to  his  By-blows  to  the  value  of  ioco       .7 "**    ^*<M*7a'    Anlt0' 
Drachmes,  with  thefe  he  packed  them  away,  the  inheritance  was     P      • 
Jfaac's  the  fon  of  Marriage  begotten  on  the  wife  -,    and  becaufe  If-       „,  r,r.„ 

-  r     i         l  •    L    ■  l  1    '.  ..  '  nthnt  trgt  innnu/U  mnr.tr*  fit"  Ctn- 

mael's  infolence  was  lucli,  that  bang  he  was  betore  Jfaac  in  time,     cntmum^m  fikj^Qritmii,  fed !««•/*■ 
therefore  he  ftrove  with  him  for  the  inheritance,  and  was  impatienc     v""""  * '  7&'*""'  ?"""$'""•  sanftu*- 

■l         ./-  n.       11L  l-  l'  1  Aueuftin./ii   \i.  Lit  Civtt:  tin.   c.  \*. 

that  Ifaac  fhould  have  it,  yntemmnghim  as  the  younger,   there-  mr*,  fmimi  *it„c*untm  ,m,r  if- 

fore  the  Hebrews  think  Sarah  was  fo  earneft  to,  remove  Ifmael    and  ■•dem  o~  ifwcum  C'^tum  f*,p  it 

Abraham,  who  knew  in  Ifaac',  feed  the  Weffing  was  to  refide,  con-  %$£  J~^X?"^™ 

fented  to  and  forwarded  ir,  giving  them  Cenfum  ejus,  that  is,  not  »«#«»•  ft*ng*tt*  pimnf»k*r*  r* 

.  Lands  and  Houfes,  for  thofe  fixed  things  he  thought  better'  became  ^  Ilajcum  *"*&?■  f'Siai '"  Gm- 
his  heir,  but  his  portable  fortune,  Cattel,  money,  goods,  and  fuch 

like,  thefe  being  of  valueare  called  (a)  Cenfus ;  for  fince  Abraham  ( *) nudzut  i«  TmitH.  'fi'ma  p.  fo 

beins  a  Prophet,  and  knowing  the  minde  of  God,  underftood,  thac  "•""•  v?fco1-     - 

one  fo  born  as-  Ifmael  was,  ought  not  tocome  into  the  Oeconomy  of  ,.  ^  c"r°1,uS  "i**0*  **  %  Mfe  <• 
Qod,  as'b^  Crr/e/*'*/ bad  at  large  difcoarfed,  he  thought  it  beft  for 
his  fon  Ifaac's  peace  to  banifh  Ifmaelhit  houfe,  and  to  leave  Ifaac  fole  Mafter  therein. 
Ex  quo  vUttur  innui  quodfpuriis  mn  debet ur  hareditas,fedvitius  ntccffit*s,9.<,  the  Text  is. 

C  c  c  c  Sub 


4.78  A  Commentary  upon  Fortes  cue. 

Sub  nomine  vera  Spurii  denotat  Auguftinus  omntm  factum  i/lrgirimum,  qualiter  & 
fapius  facit  fjicrA  Scriptura  qua  utmnim  vocat  B-'ftardum. 

That  thefcbafe  children  are  no  heirs,  nor  can  have  the  rights  of 

NoS*{  **&   n  vi  ^.(nvyJor,     their  Parents  defcend  to  thtm,is  plain  from  ail  authority  ,  for  though 

cf-c.  Euftathiusp.  1455./.  40.     they  that  are  thus  born  may  have  many  brave  qualities,  according 

Edit.  Romse.  to  that  the  learned  Selden  on  the  Text  quotes  of  Pdeus  out  of 

"  NS3»  «*  V!)  iy%<rei*v.  Suid.     Euripides,   Ni3»f  -n  mttiti  ynwiav  apwovu,  and  Agamemnon  in  (a) 

inverbovhSof.     '  Homer  declares  Teucrus  to  be.-   yea,  though  in  fome  parrs  of  the 

fhoioff.  symag.  juris  hi.  41.  <■■  »7     world  at  this  day,    thele  natural  fons  have  gentilitial  Priviledges, 

ff'*'  n  though  no  where  they  fucceed  to  the  inheritante,  yet  in  all  Ages  and 

(a)  in  Androm.  atl.3.  v.oo.     tjmcs  ^q.  was  a  wor^  0f  diminution,  and  y\  alloy  to  any  thing  it 

N63»{  J  *  «.  J»  npiuu  yittt-     was  affixc(j  t0      thus  p,0@.  is  oppofed  t0  y^mtt  fo  *„;  feigned  fe- 

xef  *»5jr*8.  *  „*  j^,™^."     r«»  mJ  mr  pnpw  *rtw j/fc  the  ffrwfc  termed  ro>?,  as^er  mJ  rr- 

£»/<»r  elegancies  they  called  ytimov ;  fo*X6><ojw3<  yod©-  Badaut  ren- 
ders by  fpuriacogitatio,  and  5"»j<i<«  explicates  mSbj  by  £}»©-  beg- 
garly, trite,  mean,  next  door  to  Granger  that  nobody  knowsor 
owns.  Hence  the  (b)  Latins  ufe  virgin/ilia  &fpuria,  id  eft,  proob- 
fctxna  parte-,  fo  Apuleius  calls  the  parts  of  our  bodies  which  are  co- 
pria&~legittma  uxore,  fed  ex  vered  fpuria  6-  fafcina.  Though  therefore  the  Holy  Ghoft  in  Scri- 
alianatus  muliere,  extraneus    pture  ufe  not  the  word  Baftard,  becaufe  'tis  of  a  later  edition  and 

language,  yet  He  ufes  that  which  fets  it  forth,  and  by  fpuriousaefs 
intends  all  difhonour  to  luft,  as  the  contempt  of  that  ordinance 
of  God  which  heaccepteth  the  iflucborri  from,  and  which  all  man- 
fcinde  after  his  example  admits  to  inherit,  as  Crefpetius  has  to  my 
hand  made  good,  and  (c)  Tholofanus  agrees  to ;  and  hence  our 
ChancellourintheTextinferrs,  Ecee  dijfercntiam  nsn  mimmam,  ] 
&c.  Which  is  purpofely  fub  joined  to  call  contempt  on  incontinence, 
as  it  is  in  contradiction  and  upbraid  of  Marriage,that  though  the  chil- 
dren of  them  that  be  fuch  may  be  valiant,  witty,  learned,  &c.  yet  there  is  fomewhat  in 
their  very  constitution  that  will  corrode  the  vitals  of  their  confidence  and  duration.  This 
the  Chancellour  makes  good' from  the  fourth  Chapter  of  wifdom,  where  the  words 
are,  But  the  multiplying  breed  of  the  ungodly /ball  not  thrive,  nor  take  deep-r toting  from 
fad*,  mutm  *  jjafttrd-flips,  nor  lay  any  fafi  foundation,  that  is,  as  Carthuftan's  expofition  is,  They 
""uTtp'.'fobe-  fb*H  nutjljoot  out  their  roots,  M  thriving  and  pregnant  trees  expanfvely  do,  their  children 
icmvirtnfim  ft»  fl,  a  II  net  be  virtuous  and notable  fcr  holynefs  if  life.  Non  dabunt  radices  alt  as,  faith  a 
caThicM/if"'  Glefs,  though  they  flouriih  in  the  upper  boughs  of  their  temporary  profperity,  yet 
they  are  inttnaces  feli,  their  root  withers,  and  fo  non  cetlocabu.nt  fiabile  fundamentum  -y 
and  all  becaufe  they  are  not  built  upon  the  rock  of  God's  inftitution  and  benediction, 
Marriage,  but  upon  the  fands  and  fallacious  levity  of  wantonnefs,  which  is  the  reafon 
that  the  Doftours  fay  they  are  Jnhabiles  adea  qua  in  decoro  cenfftunt,  ut  ad  dignitates, 
that  is,  They  ( faith  Caffanatu )  can  be  no  Counfellours  of  Princes,  no  WitnefTeg,  no 
7%,  ttmr*  jm  it-  Do&ors  of  Law,  not  bear  Arms  or  Enfigns  Gentilitial,  not  claim  right  in  their  fathers 
«<!■»».«  i n  Bur-  yf[\\s    noc  be  fucceflible  to  Inheritances  either  by  Cuftome  or  Statu  te,  as  the  Law 

gundia  dicuter.  c       '  .  ■*  * 

idemeedtmha.    or  Burgundy  IS. 


Jht.    Schol.  in  Homer,  m 
llyad. 
Plutarch  in  A  rtaxcrxe. 

In  Cemment.  Crsc.  Lingu.    p.  445-  ' 

Tlttorc- 

"139  ]  Slai nm  eft  e*  fr°m 


de  his  dicitur,  qui  eft  ex  ttrbi- 
bns  views  Jerufalem,  humilis 
&  contemptibilis.  Pagninus  in 

verbot 

(t)  Tumebus  Adverf.  lib.  17.  c.  15. 
f.  siT.lii.i9.'.  rj.W.  JO.  c.  si./Miyo. 

In  Summit  Tit,  Mdtrimomi.f   jS». 

(t)  Tholoff.  lib.  45   '■  «•  T«  «!• 


Emiilmtxftfro- 


C»(Tan  Catal. 
Glor.  Mitndi. 
p.  416-417. 

S^'*  fd'   fialu- 


Baron.  Tun.  9.  ad  ^4unum  713  p.  }j. 
Concilium  TiSuvienfe/Ub  Ptfchalijecxndi. 
Binius  7.  Tern.  Cencil.  p  s;°-  sir. 

Creffol  Myfiag,  lib.  1.  f.  156,  iji. 
161. 

Ttaf^prnTi  fiavauoTiv  ■$■  itpi* 

KttTK$a.-nov,  lib.  7.  Politic. 

(A)  In  decretAlibus  ftaiutum  eft  tjued  nuU 
Ih>  Efifcefm  ffuriei  *m  ftrnu,  denec  «  de- 
miniifnnt  mannmij jir, ad  / "acres  Ordine; pre- 
mevert  ftafnjnut.  Glanvil.  lib.  J .  c.  5 . 


Rtprehtndit  &  Ecclefia  qua  eos  a  facfis  repcllit  Ordinibusj  Such  has  ever  been  the 
account  of  Holy  Orders,  that  not  onely  the  Church  has  kept  from 
them  perfons  that  were  impares  oneri,  as  maimed  and  illiterate,  but 
alfo  fordid  and  mean  born  ones,  thereafon  being  good,  Rerum  di- 
vinarum  traBatiomaximc  ad  ingenues  pertineat  s  therefore  the  Phi- 
lofopher  in  his  Politiques  prohibits  Hu.'bandmen  or  men  ef  fordid  life 
tobepriefted,  andiffo,  then  much  more  reafon  has  the  Church  to 
prohibit  fpurious  Children  to  be  in(d) Orders,  becaufe  the difpa- 
ragement  of  their  birth  tranfeends  all  other  incapacities  -,  for  their 
birth  being  againft  the  Lawes  of  God,  (  fornication  and  adultery  be- 
ing fins  againfi  his  purity  and  inflitution  )  the  iflue  of  it  cannot  but 

be 


(a;  Cop. 

ti 

Can 

uifjl. 

Tom 

I.  Con 

ciliir.  p.  J. 

& 

t« 

to.   p. 

14. 

Tom.  1 

p*;i> 

A  Commentary  upon  Fortescue.  4.79 

be  odious  to  bim,  and  fo  unfit  to  ferve  before  him  •   and  therefore 

theChurch  has  ever  abhorred  men  of  ftained  Origins  to  be  in  Or-       Epiit.u  inno.-*ntii.  fm,  t.  Tm.v 
ders,  as  well  as  of  polluted  lives,  fuch  as  are  Keepers  of  (4)  Concu-     c'n" '•"""■  f-755         »•/•*«« 
bines  and  loofe  Immorahfts,  whom  it  hath  not  onely  excluded  be- 
fore they  took  Orders,  but  deprived  of  them  after  they  in  them  have 
lived  unworthy  of  and  unfutable  to  them  ■,  for  God  having  appoint- 
ed thofe  that  fcryeat  his  Altar,  andliveon  his  Altar,   to  live  and       ■^idater  %dmficnUriiM,iUrrtaq»fi 
be  holy  as  the  Gcd  of  their  Altar  is.     A  prophane  and  lewd,  nay  a    i^'"' '^'L^''am''""St'li''':ia!U . 
light  and  jovial  Prieft,  whofecranknefs  at  tipple  and  entertainments      •"  '7' 
of  riot  and  diflblute  mirth  is  a  blafphemy  to  his  ferious  and  facred 
Calling,  ought  to  be  accounted  of  the  number  of  thofe,  guos  reprchendit  Ecclefia  • 
for  I  dare  fay,  (who,  as  a  Gentleman,  know  the  Modes  of  converfe,  and  the  Intrigo's  ;.- 

of  thefe  fafhtonable  civilities  and  correfpondencies)  That  Priefts,  who  feed  high,  ^otethts. 
ftudv  and  pray  little,  frequent  womens companies,  negleft  their  watch  of  the  flock  v'f"*ri"f-x2nA 

,     '    ,  r         i_-   t_    L        -         /•  It-  i«-   n  /r-        „  ■   ftllici*.  iibms  lo- 

OI  God,  over  which  they  are  let,  give  way  to  paUion,  affect  exceltive  Pomp,  and  „ft*.  m,iqnt  p,i. 

are  drowned  in  the  cares  and  lures  of  the  World,  never  do,  orfhallblefs  the  Church  **M  ****•**. 

of  God,  nor  will  Religion  according  to  Godljnefs  fro/per  in  their  dajrs  ;    for  thefe   will  ptptmT'stnt'. 

by  their  ill  lives  and  putid  examples,  fubvert  more  then  they  will  by  their  doctrine  Hi«on.£p.«., 

convert :    and  therefore  the  Church  does  juftly  reprehend  thefe,  becaufe  they  are  ^""1  iih'"* 

Beams  in  the  eje  of  her  brightnefs,  Scarrs  in  the  face  of  her  beauty,    Spots  in  her  feafis  Baptitt. 

of  love,  who  make  the    Sacrifice  ef  the  Lord  to  be  abhorred,  and  the  way  of  truth  to  be 

tvit  fpeken  of.    This  I  the  rather  note  becaufe  men  are  apt  to  huddle  upon  Orders 

without  any  confideration  what  the  work  of  Holynefs  and  Mortification  is  upon  their 

hearts-  alas,  'tis  not  learning  alone  that  qualifies  a  man  to  be  a  good  and  gracious  Mi- 

niuerof  Chrift,  for  many  of  them  (hall  have  caufe,  notwithllanding  abundance  of 

this,  to  cry  out,  Scientia  mea  mi  damnat,  as  Saint  Ar.guftine  once  did  ;  and  at  the 

laftday  'twill  not  be,   Lord,  have  we  not  in  thy  name  prophecyed,  and  in  thy  name  done  jtmb.-ilii'. 

wonders,  that  will  procure  Chrift's  owning  .•    for  notwithstanding  all  thefe  fruits  of 

great  parts  he  (hall  fay,  iknowjou  not,  depart  from  me  yee  Workers  of  iniquity.  Not  then 

thefe  extern  Prerogatives  will  be*  the  refrigeraries  in  that  Solilice 

of  his  indignation,  but  the  grace  of  his  Iikenefs  in  the  heart  and  life,       fl»>  d'1?'  W  */«>"•"*  t**t*nt 

the  Humility,  fincenty,  andprecifenefiot  the  life  to  the  rule  of  his    \  (tf»uri!  ,Htd ;!,,„;  n»»»,r«»  «- 

word  •    This,  This,  well  undtrftood  and  well  praftifed  isthebeft    **itm*ncipmm;  /.««.» /»#««  opts  con. 

learning  in  the  holy  EcclefMique,  and  w.thout  this,  great  parts  will    \Z%tuWl7^T'  ** 

but  mike  men  mad  on  the  World,  and  venture  their  eternities  rather 

then  not  carry  the  day  in  it ;  which  has  caufed  the  pious  and  tender-       L,b  *' d'  **&«*»** 

fpinted  men  in  all  times  of  the  Church  to  debacchate  againft  fecular       (1)  e*  efijioi.  dd  Makewm  <u  E^ifu 

fnares  and  avocations,  fo  did  St.  Bernard  to  Eugenius,l~o  did  (a)  Cle-     '"  nabyion«. 

mangit,  fo  did  Luther,  fohave,  fo  will  all  zealous  men  do  to  the         Aliejuid  permitti gratia  vir- 

end  of  the  World-,  for  while  paflions,  which  are  the  tinder  for  Sa.     tutis,  ejuod  alias  non  permitti- 

fdw'sfpark  to  kindle  upon,  be  keen  and  quick  in  men,  they  will  do     tur.  Glofs.  UP andeh.  lib.  j. 

any  thing  to  andoe  themfel  ves  and  o:hers  fouls  and  fecuritics,  rather     tit.  1 .  p.  331.0  virtuti 

then  not  prevail  in  their  defign.     Cafar  Borgia  was  known  to  be 

the  unholy  fon  of  that  unholy,  Holj  Pope  Alexander  the  Sixth,  when  his  father  would  Note  this. 

Cardinalate him,  which  he  could  not,  (  he  being,  as  fpurious,  uncapableby  Canon) 

He  the  Pope  found  this  Villany  to  evade  the  obftruction,  Hefuborn'd  certain  Knights 

of  the  Pofi,  ( as  we  fay  they  are,  who  will  fwear  and  forfwear  any  thing )  who  came  into 

Court  and\depofed,  that  Cafar  Borgia  was  the  lawful]  fon  of  another  man  -,  and  fohis 

incapacity  was  delete,  and  he  admitted :  .which  contrivement  between  a  fenfaal  father, 

and  a  moft  like  fon,  favoured  of  fo  high  a  falfhood  and  deep-tinctured  hypocrifie  as 

futedwithno  Varlets  better  then  Herod  and  Judas,  whofe  intereft  was  onely  to  rage 

and  get  gain,  though  they  proftituted  their  fouls  and  bodies  to  the  greatcft  fervi- 

tude.     And  therefore  no  wonder  the  Church  does  not  onely  Tales  reprehendere , 

but  alfo  Indignos  judicare  facro  Ordine  ,   &  repellere  ab  omnia  prelatia ,    as  the 

words  of  the  Text  are. 


€  c  c  c  j  Gtiitn 


4-8o 


A  Commentary  upon  Fortescue. 


Gideon  autem  virorum  fortijfitnus,  feptuaginta  filios  in  Matrimonio  legitime  procrc- 
*$e,  <£*  »on  nifi  unum  Jolnm  hjbmjfe  ex  Concubina ;  filins  tamen  ipfe  Concubina, 
omnes  fiiios  iSol  legitimos  ntquitcr  peremit,  exec f to  uno  folo. 


Sdlttm  ftr  confiuludirum,  tun  fir  lifim, 
Dtufius  in  It. 


Cmttf*  fittrunt  virii  «»»  Itmftri  flu- 
ru  nxtrti  m  fftm  utttrims  fihln.  Giot. 
in  tec. 

'Ov  Jt'tcutv  to  yifAiflot  \w  h- 
yi.yt.-n  J?)  ;  i  Jlneuov  T?  90hn 
yvufivf  vktiSk,.  Libanius  De- 
clam.  3  J .  p.  748.  Edit.  Mo- 
rellii,  Anno  1606. 

Mulierti  fnifft  trtii  C**f  ***>*•  ?""■ 
rum  mariti  turn  ftrti  tlmrtnt  tuguuui- 
inis  trip.    Vaiablus  m  1  T^g.  |.  u. 

; 


Ckm  t-«x  fc»r  mo- 
rrnni  vitnt  cennu- 
ha  divirfdrum 
tribuum,  nt  ftr~ 
miflie  fidt  prxdi- 
crura.  D'tlfius, 
Munllerus,  Cla- 
[ius  in  lei. 


This  ftory  is  out  of  fudges  viii.  30.  where  Gideon  is  fiiid  to  have 
many  Wives,  Mothers  to  thofe  feventy  fons,  which  Poligamy  was 
in  fome  degrees  fucceffive,  and  in  other  degrees  contemporary  .,  for 
though  he  had  not  all  his  wives  at  a  time,  yet  at  all  times  he  had  more 
then  one,  it  being  then  no  fcandal  to  have  many  Wives,  but  ra- 
ther an  honour  as  thereby  there  was  the  greater  occafion  to  people 
the  world,  then  but  thin  of  Inhabitants.  Now  the  children  of  thefe 
Wives  were  all  Coparceners  in  the  inheritance,  the  eldeft  onely  ha- 
ving the  double  part,  and  they  entercommoned  in  affeftion  each  to 
other,  and  were  together  in  the  houfe  of  their  father,  loving  and 
tendering  each  other  ■,  but  the  bafe  fon  who  was  filius  merctricii  or 
concubina,  {  not  that  fhe  did  make  mercimony  of  her  body  by  taking 
reward  for  the  hire  and  pleafure  of  it  as  Harlots  did,  who  were 
wont,  when  their  Husbands  were  abroad  at  Sea  or  otherwife,  to  ex- 
pofe  themfelves  to  the  luft  of  any  Chapman,  and  if  they  proved  with 
thilde  by  it,  which  was  rare  and  againft  their  wills,  to  kill  their  childe-  )  for  no  fuch  per- 
fon  was  this  Gideon's  Concubine, but  one  that  probably  kept  to  him  onely,  and  gave  him 
no  juft  jealoufie  that  any  one  came  near  her  carnally  but  himfelf :  but  that  which  is  the 
difparagement  to  her  and  her  childe  is, that  fhe  was  uno  viro  additla  eitra  vinculum  Ma- 
trimonii,  that  fhe  was  of  another  Tribe  then  Gilead,  and  therefore  muft  with  her  fon 
be  a  ftranger  to  inheritance.  This  is  that  which  brands  her  and  difables  her  fontoin- 
heiite,  which  fo  boyles  in  the  ftomach  of  this  blazing  ftar  of  luft,  that  he  meditates  the 
ruineof  all  his  fathers  lawful!  fons. 

In  which  ftory  there  are  fundry  things  obfervable.  Firft,  There  is  the  Baftards  craft, 
he  enters  not  en  the  aft  alone  without  a  ftrong  party,  nor  craves  aid  of  any  that  wouJd 
come  in  to  him,  but  folicits  the  Sichcmites,  whom  he  calls  his  Kindred,  Bone  tf  bit 
bone  andflejb  of  his  flejh. 

Secondly,  The  Baftard's  confidence  to  attack  the  Sichcmites  and  to  folicite  tbem 
to  fuch  a  defign,  and  fo  to  engage  them  by  his  plaufible  infinuations,  as  not  onely  they 
fliould  connive  at  and  underhand  approve  his  projeft,  but  give  him  money  to  enter- 
tain men  to  effeft  it.  Chap.  ix.  4. 

Thirdly,  The  Baftard'srruelty  to  flay  fo  near  relations,  Brethren,  fo  many  of  them, 
fixty  nine;  in  that  place,  their  father's  houfe ;  at  one  time,  upon  one  ftone,  in  fighc 
of  one  another,  upon  no  provocation,  but  becaufe  they  were  legitimate  and  muft  in- 
herit, nothe.  v.  4.  compared  with v  2.and6. 

Fourthly,  Here  is  the  Baftard's  fubtlety,  rage,  and  cruelty,  partly  fruftrated  by 
God,  and  his  fancyed  Sovereignty  difturbed  by  the  rcfervation  of  ?ctham  one  of  Gi- 
deon^ fons  unflain,  whom  God  preferved  to  revenge  the  blond  of  the  fixty  nine  (lain, 
upon  the  Baftard  and  his  Sichemites,  from  the  7.  to  the  24.  verf. 

Fifthly,  The  effeftualnefs  of  fmall  means  cunningly  carryed  and  fubtlely  imployed 
to  bring  portentuous  things  to  parte,  feen  not  onely  in  Abimelech  his  fin  in  foliciting 
the  Sichcmites,  and  murt  tiering  the  fixty  nine  fons  of  his  father,  but  in  Gotham's  Pa- 
rable, who  fet  all  ifrael  a-gog  to  revenge  the  fratricide  purely  by  the  cogency  of  ^Pa- 
rable and  the  intention  of  it,  which  explicates  the  falfenefs  and  ingratitude  of  the  Si- 
chcmites to  Gideon  their  Deliverer,  z».8.  and  prophecies  God's  vengeance  on  them  for  it, 
v.  19,  20.  and  God's  means  to  unra veil  the  rope  of  fand  that  they  twined  together  to 
hold  their  wickednefs  faft,  by  fending  an  evil  fpirit  between  Abimelech  and  the  men 
of  Sichem,  v.  «?. 

Laftly,  Thecommenfarationofthepunifhment  to  the  fin,  rule  he  would  who  was 
born  to  ferve,  mine  his  brethren  he  would  who  ought  to  have  reverenced  them  as  his 
betters,  Partizans  he  would  have  in  the  faft,  that  having  begun  he  may  go  through 
with  it  -t  but  God  turned  his  Confederates  into  confpirators  againft  him,  that  the  cru- 
elty done  to  the  threefcore  and  ten  fons  of  fcrubaal  might  come,  and  their  bloud  be 

layd 


A  Commentary  upon  Fortes  cue. 

Iayd  upon  Abimtlech  their  brother  which  flew  them,  and  upon  the  men  of  Sichcm 
which  ayded  him  in  the  killing  of  his  brethren,  fo  is  it  v.  24.  Thus  may  we  fee  how 
juitGodisto  make  the  fin  men  defign  for  their  greatnefs,  their  fhameand  diminu- 
tion, which  not  opely  happened  to  this  Baftard  and  his  mifguized  Partisans  here,  but 
to  fundry  others  to  this  day,  For  though  it  be  not  an  infallible  rule  that  Gods  vengeance 
alwayts  meet's  with  finners  in  this  world,  in  the  punifliments  that  are  declarative  of 
their  fin ,  yet  often  it  is  fo.  That  Queen  of  Hungary  found  it  fo,  who  being  unjuftly 
poffeffed  of  Hungary  againft  Ferdinand  the  King  of  the  Romans,  and  after  Emperour, 
and  not  able  to  defend  it  againft  Ferdinand,  crav'd  ayd  of  Solj/man,  who  came  into 
Hungary,  and  deprived  her  and  her  fon  of  the  Kingdom  ■,  and  Henry  the  third  of 
France  when  he  defigned  the  murder  of  the  Duke  and  Cardinal  of  Guife,  ufed  Saint 
Clement  for  the  watch-word  to  the  Aflaffines,  and  after  the  fame  prince  was  himfelf 
murthered  by  one  Clement  in  the  midft  of  his  Army. 

Jjtud  in  netho  tine  plus  malicitfuifft  deprehenditur,  cjuam  in  filiis  legitimis.  69. 


48f 


Slltius  Commtn- 
IS1I. 


D.  Avila./-  31*. 


Soifju*    Ji    ti    «£    *i*Qfrl$ar 

t»v,  Itb.  i.  Gener.  Animal. 
c.  iff.  p.  io5i. 

Selden  in  c.  40.  c/Tortefcue 
Tiraq.  de  debilitate  c.  15. 
Pontus  Hutterus  de  veteri 
Btlgio  adfinem. 

'Ovfttli     iJi    i    fiMTQP     1/tyUL- 

i*t  -jivj^v.  Plutarchns»»  Al- 

cibiad.ad  Initium  p.  192.  edit. 

Parif. 

(4)  Lib.  I.  Tern.  2.  Haref 

5J 


This  is  fubjoyned  to  fet  the  difgrace  of  adultery  and  fornication  home  in  the  abhor- 
rence ofall  good  men,  who  cannot  but  hate  it,  not  only  becaufe  it  tends  to  the  utter  de- 
ft rulcitn  of fouls,  but  is  a  provocation  of the  terrible  vrath  of God,  upon  the  plafes  where 
fitch  abominations  Were  ufed  and  fnfered,  they  are  the  words  of  the  Stat.  32  H.  8.  c.  38. 
but  alfo  becaufe  the  fin  and  obliquity  of  it,  is  fo  thorough  vitiative  of 
the  production  of  it,that  it  according  to  ourChancellours  fenfe  makes 
them  out  of  meafure  finfull  ,as  full  of  mifchief  as  a  toad  is  of poyfon  ; 
which  though  it  be  too  often  true(as  it  alfo  is  in  the.  children  of  lawful! 
marr iage, then  which  mankind  never  faw  gr ea tc r  vil lai  ns  then  fome  of 
them  are:)fo  is  it  not  ever  true  of  bafe  children  as  we  call  natural  fons, 
for  fome  of  them  have  been  in  all  times  men  of  Courage,  Learning, 
Piety, Prudence,every  way  accomplifhed.  Hence  is  it  that  not  onely 
our  Text  tells  us  of  a  bonus  Bafiardus,  but  Mr.  Se Idtn  out  of  Tira- 
quella  and  Hutterus  concludes  ,7"-£*f  mift  of  the  brave  fpirits,  and  able, 
tf  the  former  times  are  in  the  Catalogue  of  famous  Bafiards,  fome  of 
whom  have  had  dubious  Mothers :    So  Nicias,  Demefthenes,  Lama- 
chus,Phormi»,Thrafjbstlus,Thcramines,  famous  Athenians  andbrave 
men,  and  others  ■,  if  they  had  any  Fathers  known,yet  thofe  known  to 
be  th«rs  by  furrepritiousandunchafte  raptures  and  effufions.To  omit 
what   (a)  Epiphanius  writes  the  Jews  held,  Melchefedec  ideoaue  nee 
nomen  patris  vel  matris  in  facrit  Uteris  exprejjum,  fayes  he,  I  fay  to 
omit  this,  there  are  prefidents  of  multitudes  of  the  greateft  Heroicksof  this  Tribe, 
Scotins,  Farthenius,  Thefeus,  Romulus,  Abimelcch,  feptha,  Jupiter,  Neptune,  Venus, 
Apollo,  ^Aine as,  Homer,  the Fartheniaamongfkthe Lacedemonians,  Demaratus,  The- 
tniftocles,  Demades,  Timothius,  Arijlonicus,  Perfcus,  Hircanus,  Remus,  Bruttis,  Jw 
gurtha,  Alexander,  Claudius,  Confiantius,  Theodoric,  Cartlus,  Martel,  Carlomannus 
of  Bavaria,  Manfnd,Hencius ,  Pope  ?ohn  the  eleventh  and  twelfth,  Adelflan,  Amun- 
dut  King  of  Sutvia,  fomponius  L'tus  the  great  Geographer,  Gratian  the  great  Decre- 
talift,  Andrea,  Ferdinand  King  of  Naples,  and  Alfonfus  King  of  Arragtn,  Come/lor, 
thefe  and  thoufand  o;hers,have  come  of  that  illegitimate  race,  and  yet  been  renowned 
in  their  times.wbich  fhews  that  Cod  has  a  fecret  and  predominant  power  over  natures 
not  only  aft  but  fin,  that  he  can  fufpend  the  vigour  and  vehemence  of  that  Phcontick 
gallop  that  makes  the  genitors  of  thefe*  meet  together  like  torrents,  that  coupling 
make  a  mixture  to  fwallow  up  all  calmnefs  of  temper  and  medio- 
crity, that  this  I  fay  is  fo  fweetned,  it  a  mighty  mercy  to  mankind : 
for  clfe  fhould  thefe,  who  are  befie  tard  as  Kilian  Etymologizes 
Bafiard.  id  tft  optima  indolis  five  nature,  and  have  chearfull  and  high 
fpirits,  fage  wit9,  and  mature  crafty  naturts,  not  be  reftraincd; 
what  prodigies  of  men  would  they  be?  Yea,  what  terrours  would 
not  their  vaff  and  various  endowments  furprized  by  /JrfM^occafion 
to  the  world,  but  this  that  is  their  fin  by  Nature,  God  corrects  by    "**<■  wf- Uni' ltiZ 
fpecial  favour  ■,  not  as  they  are  iffues  from  libidinous  flocks,  but  as 

they 


Srrrmd  tmnilmi  nbui  n'fcintikni  tltriM- 
turfro  Prmcifit,  Scaliger  in  Cum.  *d  lii.it 
*Ammdl,  Ariftotel./i.  31. 


llligitinu  mint  ir  futliv  conculitu  frf- 
crtsii .  mint  flimmquc  funt  alacri  & 
ildtt,  ingimo  fiffi,  &■  judich  txaSlo. 
Sumnerut  in  GUf.  ad  fcriptmi.  ^Antiy. 


4.8* 


*  A  '      -  „' 

Aty?  "&■  * 

RC/M71X4r       T¥ 

•£  tfujii  to 

6        «■  » 

JO    731/7*   ft/" 

«7»/  ^vr  tx 
tktk.  Arift. 
de  Part.  A- 
nimal.  lib.i. 
c.i  p.970. 

Shutef.  167. 


Mentioned  by 
the  Phoenix 
Prelate  Hi- 
ftop  trvanrig. 
1  Semi.  Inaugu- 
tationf.  i». 


Dion  Caflius. 
hb.  31. 


Incomparably 
Learned  Doftor 
Htnmtni  in  his 
Annotations  on 
this  Text  9.J'hn, 


Cic.  ♦.  di  Fi'm't. 
i.Tufcul.  ^ 
T*tum  &•  p Aries. 
Cic.  I.  ~ii*itm, 
TttHi  «J».  r»/« 
£Attdee,  Plautus. 


if  Commentary  wpow  Fortescue. 

they  itt  pa  (live  under  that  regency  of  nature,  which  in  the  naturall  generative  expref- 
fion'ifter,  is  his  own  Implantation,  and  in  which  nature  vitiated  by  finis  inftrumen- 
tal!  » the  multiplication  of  mankind,  and  tbuii  thereafon  why  »rry  of  tins  race  are  fg 
reltrayn'd.and  fo  excellent,as  to  favour  any  thing  calm  and  fober-,  forjn  nature  there  is 
nothingin  them  but  theheighths  of  all  paffion  and  excefs.in  which  fenfc  the  Text  makes 
them  to  be  more  fierce  and  hot  bj  nature  then  legitimate  children  are,  which  Is  the  rcafon 
that  they  have  been  ever  the  Attemptcrs  of  defperate  actions  which  no  fpirits  but  theirs 
durft  cope  with.  A  lively  inftance  whereof  is  in  F  rifco  the  Baftard  of  Azxjtm  of  Efte, 
mentioned  in  the  Venetian  ftory  .which  duly  weighcd.thc  faying  mentioned  fi  bonus  eft 
baftardus  hoe  et  fnerit  d  cafu  videlicet  gratia  fpeciali,  ft  autem  mains  ipfe  fnerit  hoc  fibi 
accidit  a  uatura]  is  not  onely  true  as  Grace  gives  the  advantage  againft  the  corruption 
of  nature  in  all  both  good  and  bad,  but  alfo  as  it  does  more  then  ordinarily  overcome 
the  evil  of  nature  in  thefe  that  have  their  pravity  wodded  and  double  dyed  by  the 
lewdnefs  of  their  parents,  and  the  lawlefnefs  and  monftrofity  of  the  motives  to,  and 
kindlings  in  their  coitions,  which  the  Text  not  onely  expatiates  upon,  calling  k'lbido 
parent  urn  culpabilis,  peccatum  fornicantium  ,  and  that  which  in  legitimit  cafiisqui 
amplexibus  conjngaturum  nan  ftlet  dibacchari  ^  For  thus  our  Text  in  fundry  parts  of 
the  Chapter  phrafes  it,  that  it  concludes  them  to  deferve  rather  the  title  of  film  peccati 
then  p eccttorum\  which  brings  to  my  mind  that  Tradition  of  the  ftws  that  the  curfinf 
Tribes  on  Mount  Ebilwerc  the  fans  of  the  Handmaids,  and  the  Tribes  of  Gerazim  were 
the  font  of  the  Free-women,  and  thej  were  Tribes  tf  bleffmg  to  /btVi>  no  doubt  that  children 
born  againSi  the  Law  *f  marriage  are  worfe  then  thoje  according  to  it ;  for  children  begot- 
ten of  unla~tof*H  beds  arc  Voitntftescf  wider  dnefsagainfc  their  Parents  in  their  TrjaU,io 
faith  the  Am  hour  of  the  Book  of  Wifdom  c.  4.  v.  6.  which  warrants  the  Chancellours 
Eulogy  ©flawfull  progeny  in  thofe  words,  O  qttam  pulcra  eftcaftagencratio  cumclari- 
tate-,  for  if  all  the  examples  of  villany  in  a  profufe  and  debauched  rage  and  wander  of 
choyceleis  loofnefs  were  perifhed,  but  onely  that  of  Meffalina  to  Mneftor  the  bafe 
and  fordid  Pantomime,  whom  (he  dishonoured  her  felf  with  •,  That,that,were  enough 
to  fet  forth  the  horrid  and  deteftable  nature  of  that  impetus,  which  as  it  is  kindled  by 
Hell  in  the  members, does  tend  to  Hell  in  the  complement  and  reward  of  it. 
• 

Credit ur  idcirco  ,cacum  ilium  natum  de  quo  Pharifai.  Joh.  9.    Dixerunt,  tu  in  pecca- 
t\i  natus  ts  tttus,  fitiffe  baftardumy  qui  nafcitur  totaliter  ex  peccato. 

That  this  blindman  was  of  old  held  a  Baftard, was  not  only  the  opinion  of  the  Ancients 
who  wrote  before  our  Text.and  the  beleif  of  many  Chriftians  according  to  it }  but  alfo 
the  confent  of  Grotius,Pererius  and  others,  and  that  becaufe  he  is  laid  to  be  totms 
natus  in  peccato,a  Toting  finnerfis  we  fay  ,a  monftrous  great  finner.fuch  an  one  as  has  not 
only  the  blemifhofhis  genitors  naturall  fin,in  which  all  the  fonsof  Adamm  concei- 
ved and  born,but  an  over  and  above-fin  upon  him,  not  only  of  the  nature,  but  alfo  of 
the  flare  which  his  Parents  who  begat  him  were  difhonourably  in,  to  wit,  not  the  ftate 
of  marriage  which  has  the  prefence  and  allowance  of  God  with  it,  and  thereupon  being 
a  kind  of  iinlefs  and  Innocent  ftate  is  honourable  among  all  men,  but  a  ftate  of  contempc 
and  fculkingne(s,a  lucifugous  ltate,  which  is  that  of  the  night,  a  ftate  of  prey  and  vio- 
lence, that  derives  on  the  procede  of  it,  the  reproach  and  fcorn  of  a  thorough  and  to- 
tall  turpitude.  Totus  natus  inpeccato^  fo  ThU]  ranks  totum  &  univerfum,toto  corpore  at- 
que  omnibus  angu/it,  as  if  the  vitiation  of  the  proltituced  parents  incubated  all  the  Mafs, 
and  difhiftred  it  in  every  limb,article  and  action  of  itjotus  natus  in  peccato  -y  For  though 
there  is  in  all  as  I  wrore  before  a  defilement  of  every  faculty  of  the  foul  of  man,  and 
a  deformity  in  the  abufe  of  every  member  of  mans  body  •  yet  in  one  born  thus,  there 
feemsby  this  to  be  a  fuper-fupcrlative  impreffion  of  fin,  which  difpofes  the  (inner 
(fubject  of  it)  to  be  violent,eager,cruel.crafty,and  what  not  which  is  oppofite  to  learn- 
ing and  judgment  of  temper,the  endowment  ofchafte  and  lawfulllove.  Hence  (he  Pha- 
rifees  a  fell  of  lending  and  [mart  men,  who  had  notable  infights  into  arts  and  men, 
reply  fo  vehemently  upon  him,  tu  doces  nos,  as  if  they  intended  to  tell  him  he  was  out 
of  the  road  of  fpurious  born  men  to  affect  to  be  learned,  that  they  wholly  begotten  in 
the  (ulphureofluft,are«rjoredifpofed  to  actions  of  mettle  and  violence  then  to  arts, 
books,  and  things  of  coolnefs  and  compofure.    This  the  Chanctllour  underftanding 

the 


A  Commentary  upon  Fortescue.  4.83 

the  fer.fe  of  them  in  chat  place,  writes,  Bafiardum  ncn  at  legitimum  in  naturalibus  effe 
difpofitum  ad  fcimtiam  &  doBrinam.  The  fumme  then  of  this  Chapter  being  to  ad- 
vocate for  the  Law  of  England  in  its  exclufion  of  the  iflue  upon  fubfcquent  Marriage 
from  inheritance,  having  done  it,  as  he  conceives,  in  the  former  part  of  the  Chapter, 
he  proceeds  to  futh  an  Epilogue  as  refolves  all  the  prealledged  particulars  into  one 
Mais  of  aflertion,  that  therefore  the  Law  of  EngUnd  does  not  Parificare  Baftardos 
&  Ltgitimos  in  hareditate  paterna,  quia  illos  difpares  judicat  Eeclefia  in  htreditatc 
Dei  •,  and  therefore  determines  for  the  Englifr  Law,  becaufe  it  doing  honour  to 
Marriage  and  punifbing  its  reproach,  deferves  to  have  all  honour  and  fuffrage  from 
thofe  that  are  children  born  in  Marriage.     A  nd  fo  he  concludes  this  Chapter. 


CHAP.     XLI. 

Princcps.     Revera  earn  qua  forties  a  Regno  peccatum  eliminat  &  jimiiis  in  tt  vir- 

tutem  confervat. 

IN  this  Chapter  the  Prince  is  introduced  complying  with  the  Chancellour's  judgment 
in  the  Preference  of  the  Laws  of  England,**  the  rule  of  Government  here.to  any  ex- 
otique  Lawes  -,  which  though  for  other  Countries  they  may  be  convenient,  yet  to  this, 
other  then  as'afiiflant  Laws,  are  altogether  inidoneous.  And  that  the  Chancellours  praife 
of  the  Lawes  may  not  appear  more  the  effect  of  cuftorne  and  ufe  (  the  Tyranny  where- 
of prevailes  often  beyond  the  influence  of  reafon  and  judgement )  then  of  experience 
the  beft  Oracle  next  to  that  of  juftice  in  Government,  there  is  fuch  a  Preface  precur- 
ring  it,ai  will  not  be  denyed  welcome  with  all  men  of  fcience  and  confeience.  For  as  fin 
is  that  which  promerits  a  divine  curfe  and  impends  it  over  Kingdoms  fure  to  fink  under 
the  weight  and  terrour  of  it ;  fo  Lawes  in  Kingdoms  which  do  cafi  forth  the  abomina- 
ble thing  that  God  hates,  and  prelerve  the  integrity  of  foul  which  God  accepts  and  will 
reward,  are  certainly  the  moft  to  be  approved  and  chofen.  And  this  the  Law  of  En- 
gland doing  in  the  Method  that  in  the  foregoing  Chapter  is  defcribed,  the  Chancellour 
prefents  the  Prince,  though  in  the  main  fatisfied,  with  fome  further  inftances  of  the 
variety  ofthe.Lawes  in  their  Prefcriptsand  Sentences,  which  is  the  Sum  of  this  one  and 
fortyeth  Chapter. 


CHAP.    XLII. 
Leges  Civilts  fanciunt,    quod  Partus  femper  fequitur  ventrtm. 

TH I  S  is  agreed  by  all  the  Doctours,  Partus  naturt  ratione  ma-       in  hhimii  <■«/*  nutru  ,»»  fmrii  in- 

trem  fequitur,  and  the  reafon  is  becaufe  in  the  Law  the  partus  is  r£ "™d'&'2  4""*'"-  Tit"  *  ''*'  '**** 
pars  vifceris  matris-,  the  reafon  of  this  Law  ^  Mr.  Selden  fhews  to  be,        Thoioff.  s*magm.  m.  zo.  c  7.  ff.  i. 
That  where  Marriage  or  Jura  Connubii  could  not  be,  there  afaayes       lii  ?• •  *•  °- lo- 
Partus  fequebatur  ventrem  ■   to  this  Vlpian  afients,  Lex  natura  eft       ^t'^Z^ 
ut  quinafStur  fine  legitimo  Matr'tmtn-.o  matrem  feqmtur,  on  which        oigeft.  it.  i.  r».  s.  p.  «.  Dc  j)*t» 

That  the  Partus,  (  which  is  the  childe  out  Of  Marriage,  Partus  an-  faifie. 

ciUarum  efr  foetus  pecudum,  Paulus  joyning  tpgether )  is  here  meant,       Ti.t-. D' h".  **  '"  p"elii"  fl""j 

appears  not  onely  from  that  of  Vlpian,  Ccnnubie  interveniente  liberi  f$f?'      **'  "*"  *'  ** ''  '     - ' 

femper  patrem  feqnuntur,  non  intervtniente  Matrimonio  matris  eon-        t^fiaummm  <)»>*d  aJiiimm  &  •- 

ditieni  accede    butalfoby  CV//S,,  Bartoln,,  Paul*,  and  all  the  J^Ett.'EKSS 

Doctours :  to  thefe  agree  the  (a)  Canenifis,  and  that  from  the  rea-  «■  i  "'•  s.  ?.»». 

fon  which  caufes  the  femper  in  our  Text .  for  that  is  jure  natura  &       S$?  tV£.™«  *' 

gentium  fo  to  have  it ;  for  though  the  father  that  begets  may  be  un-       (a) i  Gf«ianus  z>««r.  (*rt.  i.c*>f.  i$. 

certain,  yet  the  mother  that  produces  muft  be  certain,  and  whofe  «"• ,,/i,<  **• 

childe 


4.84.  A  Commentary  upon  Fortescue, 

clnldefocveritisnot,  hcrs.it  is,    (a)  rlutauh  wririrc  of  Hercules 

(3)  in  MMThemiflocl.  f.iycs  ixti-^T.  \:$~i&J)d  tLu  w.iittt,  th.it  /j:  was  the  San  *f  a  lewdVpa- 

ii«„  rs  lip  fij*i*»m.  „.„„„      man,  and  becaufe  J,phtha  w.  s  the  Ion  of  an  Harlot,    id  ,/?,  extra- 

u,w-*t  n,tut„,  ntcjHi  ad  bsrcduttm  a.     net  faith  Grotitu ,  The j  thrufi  him  out  if  his  father's  hmfe,    as  being 

^ni.m    .»/«**,     tooth*  »  J*i.     m  tl}if  yr#w  fa  Heck,    but    bis  mother's  /.».  and  ai  fuch  diffarar 

ted  ■,  according  to  this  (b)  Tumebus  writing  of  cue  Spurii  ufes  thefe 
(i)  Advcif.  Ut>.  j»  '..11  t-  uij.  words,  Horum  nattlts  nm  hubent  obfeuram  tntttrem  fed  pattern  ap~ 

c  **«»"*♦  "'*'  "  2'  '  **"'""     ftUart  n<m  feff*n\.    This  the  Holy  Text  regmding  is  fu  re  to  remem- 
""-iwvorio'us  iMfU ««//.»/.  h.m,-„.     bcr  the  Mothers  name  as  the  glory  or  blemifh  of  her  fo.n ,  for 
fart.  1.  <.  i« -e  56.  though  the  father  be  the  motive  and  active  (c)  caufe  of  generation, 

<>„,,.      .      .       /  yet  the  matter  of  the  childe  is  more  from  the  mother,  (the/*. 

T    p  *t?     •«      ,  "V"""'     ties  being  formed  by  the  vispUfiica  which  confifts  of  the  nature 
*  t  t™V}*'  f^un      of  the  womb  as  well  as  of  the  feed  of  the  father)    and  by  coh- 
*,A9»mm>««*«.  Arilt.Wijr.-    junftl0nofthcmboth(asfay^^m,//)   forms  all  the  parts  ot the    . 
Animal,  lib.  1.  c  3.  ^jy  as  £0  ^^  fpermatical  and  folid  fubftance,  which  compagi- 

nation  being  rcfident  in  the  belly  of  the  mother,  gives  the  childe  a  (Longer  tinfture  of 
the  mother  then  father,  from  whom  it  paffes  onely  in  a  whirlcwinde-,   nay  befides  this 
the  mother  by  a  conftant  aft  of  fovency  does  in  fe  ipfa  generate,  as  (he  ( does  by  the 
umbilique  veins  unto  the  arterial  illiacai,  and  all  the  reft  of  ihe  parrs  of  the  body  by 
which  air  is  given  to  the  childe)  convey  nutriment  from  her  felf  to  it;    which  is 
the  reafon  that  children  do  mod  favour  the  moiher ,    not  onely  in  vifage  but  in 
humour,  and  why  wife  men  do  choofe  brave  women  to  breed  upon  ;  fey  as  a  cotirfe 
cloath  proves  an  ill  ground  for  a  noble  defign  and  draught  in  pfture,  and  as  a  tough 
and  miftiapcn  logg  will  deform  the  art  of  the  nobleft  Statuary,  fo  willanill-chnfen 
Nwtbfer-     ^k  vjcjatc  an(i  a|j0y  the  brood  of  any  family:   which  is  the  reafon  why  choices  by 
^"r"""J^  prudence  (as  they  fafhionably  call  their  Marriage  feeding,  wherein  perfons  bartar 
caufe $f  much  away  t^cjr  comforts  and  confpicuities  in  a  brave  and  procerous  i/Tue,  for  accommoda- 
n.tfeheif.         tions  of  pelf  andcoyn)  are  fo  often  repented  and  dig'tffed  from  with  abhorrence, 
becaufe  there  being  no  true  fplendour,  the  difTeminations  whereof  will  bud-  and  blof- 
fom  in  poftcrity,   the  portions  the  father  acquired  with  the  mother  is  doubly  and 
trebly  expended  with  the  daughters  and  fons,  whofe  blemifhcs  thereby  are  fain  to  be 
compenfated  for  with  great  and  wafting  portions :  the  like  mifcheif  is  where  brave  wo- 
men marry  with  abfurd  men,  the  incomplaccncy  whereof  they  often,  ifnot  always 
repent. 

Vt  fi  mtilier  fervilis  canditionis  nubat  vira  condit'wnis  libera.    Proles  eorum  fervus 
ttit,  &  e  convetfo^  fervus  maritatus  libera,  non  nifi  libera  gignit. 

Digeft.  w  t.  tit.  jjjjj  js  tnc  inftance  wherein  the  Partus  docs  ft  qui  vtntrem.  A  Lord  has  a  woman 
Fiorentin  tfi. ».  that  is  his  vaffal,  flic  marryes  one  that  is  free,  as  the  childe  is  ingemus  qui  ex  matte 
lnftit-  natus  eft libera,  fo  is  the  childe  of  a  bond-  woman  a  flave  or  fervile  in  his  condition; 

f'^im!,'.m'-  now  though  fervitude  be  againft  the  Law  of  nature,  add  this  conjtituth  furii  gentium 
\»m.  p.  17.         being  introduced  by  faving  perfons  viftor'd  from  death,  who  having  the  right  of  their 
perfons  fo  under  their  power  and  kept  alive  till  their  manumiflion,  they  manying, 
though  to  a  free  man,  do  not  produce  a  free  childe  but  a  bond  one,  becaufe  the  Tar- 
Nores  on  the      tH(  joes  fequi  ventrem,  and  the  mother  being  in  that  condition,  the  proles  or  partns 
Te«j>.+>.5o.    0fhcrmuft.f0i,e.    Mr.  Stlden  not  without  warrant  thinks  this  thus  to  be,    Vpon  pre- 
IfiJLqmiu.  p.  fumption  that  the  Marriages  with  bond  perfons  were  always  accounted  bnt  Coutubernia 
V" /''  d'V"'"  an^not  Connubia,  and  thij  were  'called  Contubernales  nm  Conjuges,  which  I  flnde  al- 
jfcrJe'qnU  ijtuc  lowed  by  fornerius,  Nam  qued  inter  liberos  &  cives  Romtnos  Matrimrni.  m,  tdinfer- 
ift>  StrviUivup    vtrum  cenjuntlione  &  copula  Contubernium  V (teres  appellarunt,  which  fufiinian  calls 
r'Ji^vFidu.  fervile  consortium  ;   and  Contubernales  vlpian  expounds  by  Canjuges  fcrvi  &  ancilU, 
.    ius  rioi.  cafiu.   when  as  (fannubium  *  He  terms  ducenda  nxoris  jure  facultas,  nullum  cum  fcrvis  :    fo 
*  Tiioioff.  synt.  ^  ^p  tne  Mother  docs  convey  her  condition  to  the  childe  and  not  the  father,  as  in 
MnftiuMLi't-*"   ttfis  cafe  it  (hould  fetm  to  be  underftood,  fuch  are  children  Contubcrnii  non  Can- 
i1«ob./>.  ii).      tiubii;    yet  this  I  flnde  currant,  that  the  childe  is  wrapped  up  in  the  mothers  con- 
dition, and  whatever  the  father  be,  yet  in  reputation  of  the  Civil  Lawes  is  as  his 
mother  is  bond  or  free.  - 

Std' 


A  Commentary  upon  Fortes  cue.  48? 

Sed  Lex  Anglise  nttnqxam  Matris,  fed  femper  Patris  conditionem  imitari  par- 
turn   judicat. 

This  is  confimed  by  all  our  Books,  Si  vne  villein  print  frank,  feme  a  feme,  &  ad 
iff  tie  enter  eux,  I'  ijfues  ferront  villeins  ;  mes  (t  neife  prent  frankf  home  a  fa  baron,  lour  c'ooionh\m.f. 
ijfues  ferra  frankf,  faith  Lin kten,  according  to  all  the  Books,  ^uia  femper  a  patrt  m. 
run  a  matn  generations  ordo  texitur.  A  nd  though  1  know  Brailon  tells  us  in  the  Coun.  ^"(^j^'^' 
tyof  Cornwall  there  was  a  cuftome  in  fome  Mannours,  That  if  a  bend-woman  marry  fit.Ly*. 
to  a  free- man,    and  fie,  bj  him  admitted  to  his  free  houfe  and  bed,   have  two  children,    one  f,^" J"^*, 
{halt  be  free  at- her  hmband,  the  other  bond  m  fie-,    yet  the  fame  Authour  fayesin  an-  "!rt"!ta"ik',Ts'. 
other  place  the  general  Law  was,  If  a  bond-Woman  marry  t*  a  free-man,  the  childe  of  redHttm.  lib.*. 
them  fiall  inherit,  which  muft  be  underftood  of  being    free  as  his  father,  for  elfe  he  ^^mmmjir^, 
could  not  inherit,  the  rule  being,  JHuicquid  acquiritur  fervo,  acquiritur  domino  il-    id, ft,  comr*  *& 
lists  fervi,  fuppofing  them  the  Partus  not  to  be  Afon/trofi,  (for  then  they  are  non  Le-  '»"«"/'« /»"»*"• 

J     .      ' ,      '  *  D  /-     L  ■*-  »  •  J  hammam.  tun  dt- 

gttimt  by  both  Lawes,  iuch  as  are  mentioned  by  *  Ncirembergtus  and  Ammianus  <>««  eft  itpti- 
Marcelinns,  Aliquidhabens  due  capita,  as  the  Glofs  on  Paulas  explains  Prodigiofum .)  »'.Bart«i.i>»f«^ 
If  the  partus  befecundum  membrorum  humamrnm  efficia  a  childe,  it  fhall  be  reputed  and  *  '^t 
asfucn,  follow  the  condition  of  the  Father,  and  be  his  childe  whofe  the  marriage  is  ac-  t-  m: 
cording  to  the  rule  of  both  Lawes,  Pater  eft  quern  nuptit  demonftrant. 


nature. 


Ammian.    Mar- 
ccUin  ilk.  I», 
/ 


Sl*a  pntat  Legum  harum  miliar  eft  in  fententiis  fuis  ?  Crudelis  eft  Lex  qua  liberi 
prolem  fine  culpa  fnbdit  ftrvituti,.  Nee  minus  crudelis  cenfetur,  que  liber*  fo- 
bolem  fine  merito  rcdigit  in  Jervitutem. 

Becaufe  our  Text-Mafter  here  is  both  the  Sampler  and  the  Refolver,and  feems  to  de- 
termine hardly  againft:  the  Civil  Law.which  in  this  cafe  he  callsZ**  crudelis  Joy  the  fame 
reafon  the  Civilians  may  call  the  Common  Law  fo,t£  exelufos  nothostx  fubfequente  Ma- 
trimonio,trattd  on  in  the  foregoing  Chapter.  Becaufe  ( I  fay )  there  ought  to  be  a  very 
calm  foul  and  a  wary  pen  in  writing  any  thing  to  the  prejudice  6f  the  accord  of  both 
Lawes,  my  humble  offer  fhall  be  in  excufe  of  the  Civil  Law  for  the  Continent,  thus  pre-  ^»'»  run  pain 
fcribing.   7  hat  'tis  Ratio  quia  Jus,  and  in  Lawes  of  pofitive  Juftice,   there  can  no  other  ^fj^^jlJ*.*,,.. 
reafon  be  givenj  but  the  pleafure  of  the  Law- maker  •,  which  as  they  allow  us  for  our  fiitvs.mfi^-dfii 
Law,  we  muft  allow  them  for  theirs :  For  fincc  the  Amaffcrs  of  the  Civil  Lawes  are  v'^m  fM".  UP""- 
defervedly  to  be  owned  and  honoured  as  men  as  learned  and  wife  as  any  either  the  m'".  Hki.  d* 
Greekj.or  our  Law- makers  have  been,  that  which  they,  in  this  cafe,  have  confUtuted,  /•/»»<*>*• 
to  be  the  Law  of  the  Empire,  is  to  be  thought  as  fit  for  that  vaft  body,  as  our  Lawes 
appointment  fit  for  ustoobferve.    Lor  as  he  ought  to  be  counted  a  mad- man,   that 
becaufe  there  was  one  Meffalina,    whofe  wantennefs,  if  it  could  be  coped  with  an  hun- 
dred times  a  day,  would  rather  be  Wearied  then  fatisfied,  cryes  out  againft  all  women  as  $£,'"£  tori*  to 
infatiabkj  fo  are  they  to  be  eftcemed  little  orlier  then  mad,  who,  becaufe  there  are  c«raT."«/«"rf«. 
differences  in  the  manner  of  exhibiting  Juftice  according  to  the  Common  and  Civil  '<#»'"» *«■»/*- 
Lawes,  exclaim  againft  the  Civil  Lawes  for  this,  when  as  it  concerns   them  rather  to  '£smfirr**>"\ 
applaud  the  wifdom  of  Lawmakers  in  framing  their  Lawes  thus  varioufly  to  anfwer 
tne  varieties  of  men  and  banners,  which  anfe  from  conftitutions  and  accidents  at- 
tending them.    For  there  is  no  diverfity  in  eitberof  the  Lawes  but  has  Topique  ar- 
guments very  rational  allegabie  for  them,  and  upon  fcrutiny.  will  appear  kto  be»  ftre- 
riuous,  that  all  circumftance  of  time,  place,  and  perfons  confidered,  they  will  not  yj^  Authtr 
eafily  be  overthrown  j    which  gives  me  the  conftant  monition  to  be  very  circumfped  Je  fires  ever 
in  averring  any  thing  on  the  fide  of  one  Law,which  may  have  any  unbefeeming  reflexi-  [0  yc  mode(t 
on  on  the  other  Law.    AH  that  1  have  written,  or  fhall  write  in  the  cafe  of  both  Lawes,  i„aJlhisex- 
fhall  I  am  refolved  favour  of  no  unhumble  affectation.    1  honour  both  Lawes  in  their  prejr,t„t  tf 
refpeftive  Sphears,though  ever. as  to  the  Government  of  England^  muft,and  fhall  ever  tf,e  £4v,es,' 
fay  and  protcft  to  all  men, That  the  Common  and  Statute-Laws  are  in  my  mean  opinion 
the  only  way  of  wife,milde,and  effectual  rule  of  it,  that  the  wit  of  man  can  prefcribe,  or 
the  experience  of  man  difcover,  alwayes  premifing  the  affociation  of  the  Civil  Law  in 
rhofe  cafes  wherein  that  Law  is  adopted,  and  made  by  ufc  and  cuftome  part  of  the  Lex 
Terra.  And  therefore  though  the  Chancellor  here  doth  marfhall  the  arguments  on  both 

D  d  d  <t  fides,' 


a%6  A  Commentary  upon  Fortescue. 

fides,  that  out  of  them  well  confidered  and  difcuffed,  the  rcafon  and  judgement  of  ihe  ' 
prince  whether  to  adhere  to  may  be  cleared  .  yet  (hall  I,  in  the  illuftration  of  it,  oncly  ' 
modeftly  point  at  thdfe  things  that  are  material  in  both  their  argument*  as  here  they 
are  alledged,  and  fo  proceed. 

Ltgifta  vert  dicunt,  ££uod  non  pote(l  arber  mala  frullus  bows  facert,  neque  arbor 
bona  fruilus  maloi  facere.  Ac  omnis  Lfgis  fententia  eft,  tjued  plantatio  qualibct 
cedit  file  am  inftritur. 


This  Sit  Ei.C»K. 
mentions     on 
Silk.  U7-  *•"''» 
to:  p.  IMt 
Digeft.  Mh  7.  tit- 
A.f.llt. 
Glofs.  O.    &  P. 
»77-  '■*•  « 


Stlumvtrttrt,  id 
ejl.terram.    Bu- 
dxus   in  P**d. 

•Settq.  p.  i«6. 
Cxfar  Cm. 


GafTendus    it 
TUntii.  Tim.  1. 
Tltjjic.  M.+.  t.  5 

t  ■  >7»- 

Theophr.  Hip. 
tliuil.lii.l.e.j 


This  is  the  defence  the  Civilians  make  for  their  making  the  Partus  matris  fiqui 
vtntrem    becaufe  every  plant  partakes  of  the  nature  of  the  foyle  in  which  'tis  fet  and 
grows  ■,  'for  the  root  fixed  in  the  ground  and  drawing  nourifhment  from  the  felum  or 
terra  (  for  it  is  all  one  )  the  Plant  is  faid  cedere  file,  becaufe  the  foyl  or  mould  wherein  it 
grows,  victors  and  conquers  it  from  its  own  original  nature  to  fomewhat  analogous  to 
t«.  1  •  d,  firvim    tf,c  na'cure  cf  the  foyl,which  is  $eiere  file,  as  we  (ay,  a  refignation  to  become  one  in  na- 
ture with  the  foyl  ■,  fo  Ctdere  loco,urbe,  fatri*,dmo,  is  in  Authours  to  leave  ones  Coun- 
try and  refidence,  and  Cedere  beats  &  poQrjftonc  is  in  this  fenfe  ufed  by  guintilian,  and 
Amori  turf i  cedere  by  Valerius,  Cedere  teftibus  by  Vlpian,  and  Vivtsvhtn  fee  expreffes 
the  defire  of  one  to  his  wife  to  give  up  her  intereft  in  her  fon- in-law  to  him,  writes, 
Exorata  nxore ut  fibi  genere cederet,   and fome where  I  have  read  of  Cedere  fore  for 
Bankers,  who  defraud  men  of  their  moneys  by  non-appearance,  which  is  giving  thtm- 
felves  up  to  obfeurity,  playing  leaft  in  fight ■,  all  which  anfwer  the  purpofe  of  our  Text- 
Mafter,  rightly  phrafing  his  intention,  that  Po/ition  has  a  great  influence  en  allien, 
and  nourifhment  en  nature.     Hence  argue  the  Civilians,  if  a  plant  by  meer  being  in 
the  earth,  partake  oi  the  earth,  and  is  good  or  bad  as  the  foyl,  is  in  which  it  is  •,  then  the 
childe  being  pars  vifierum  matris,  and  lying  long  in  her  and  having  abla&ation  and 
fovency  trom  her,  muft  needs  be  according  to  the  ordinary  difpenfation  of  nature  as 
the  mother  is.-    and  therefore  if  the  mother  be  good  or  bad,  the  childe  is  prefumed 
fuchasfheis  to  be,  fincc  according  to  nature,  A  good  tree  cannot  bring  firth  evil  fruit, 
nor  an  evil  tree  good  fruit.     Therefore,  fay  they,  juft  it  is  that  the  partus  which  lodges 
in  the  belly  of  the  mother  and  partakes  fo  niuch  of  her  as  to  be  predominantly  in  na- 
ture hers,  fliould  be  denominated  from  the  mother  and  be  reputed  bond  or  free,  good 
or  evil  as  fhe  is  ■,  which  argument  of  theirs  carryes  much  of  reafon  with  it,  for  it  is 
built  upon  undeny able  Premifes,  Such  as  the  tree  is,  fuch  is  the  fruit,  our  Saviour's 
argument,  Matth  vii.  18.  according  to  which  all  mankinde  conclude,  Mtnandir  has 
the  fame,  'OujW*  mvti&e  nfiyno.  %pnrJf  &>»  -mi",    Gretius  makes 
this  the  principle  of  nature  which  all  men  concurr  in  ■,  fo  that  fup- 
pofing  God  the  fupreme  caufe  interpofe  not,   nor  he  by  his  influence 
divert  not  the  ordinary  courfe  of  nature  in  caufes  and  effefts,   it 
ftands  for  a  general  rule  not  to  be  denyed,  that  a  good  tree,  fo  long 
as  it  is  good,  brings  forth  good  fruit,  and  an  evill  tree  while  it  is  evil, 
brings  forth  bad  fruit,  A  bonis  bona  profidfeuntur  neceffe  eft,  a  malts 
contra,  faith  Clarius,  which  I  fuppofe  he  borrowed  from  Saint  Au- 
guftine,  asdid  alfo  Aquinas,  who  to  this  purpofe  quotes  him  ■,  for 
a  furer  rule  cannot  be  given,  then  to  judge  according  to  caufes  of 
effects :   fo  that  the  mother  being  the  nouiifhcr  of  the  childe,  which 
fhe  (upplyes  with  fuftentation  from  every  part  of  her  body  accord- 
ing to  the  capacity  of  the  childe,  which  without  it  would  never 
thrive  nor  make  to  birth,  (  fince  neither  the  mouth,nor  the  lirer,  nor 
the  heart,    fay  the  Phyficians,  do  prepare  nourifhment  for  the  childe,  but  the  mother 
from  her  ftore  and  treafury  of  fucculency  fuftains  it,)  there  feems  very  high  reafon 
that  the  mother  predominating  in  the  nature  of  the  childe,  fhould,  where  not  the  Mo- 
ther in  Marriage,  denominate  the  childe,  and  its  external  condition  follow  the  nature 
of  the  belly  of  the  mother  wherein  it  was  fo  long  fteeped,  and  from  whence  fo  care- 
fully produced  -,  and  this  the  Law-Civil  fo  orders,  becaufe  the  mother  is  more  limited 
and  bound  to  abide  with  the  childe  then  the  father,  for  which  caufe  'tis  proverbially 
faid,  'Tit  4  wife  childe  that  knows  his  own  father,   for  the  mother  every  one  muft  know 
that  either  fees  her  delivered,  or  hears  it  from  thofe  that  faw  her,  and  thence  tranf- 

mit 


1. 


Gtot.m  Matib  vii.  18. 
Atift.  *.  Ttpic.  c.  ». 
Lih.  I.  Htft.  minimal,  c.  I, 
%  Vat.  ^iuftull  Trail.  J.  t 

Gaffend.  thjfic.  felt.  i.  lie. 

Clarius  in  Matth  vii.  it. 

g>u»mdix  e/uilqut  malm  tf,  mn  pstejf 
faurt  ttnoi  fruclm  ;  ficm  tnim  pttef  fttri 
utqmdfuit.mx  nan  fit,  mn  auttm  ut  MX 
fitcaltda:  fie  Mttem  foteft  fieri,  ut  qui  ma- 
lm fit,  mn  fit  malm,  1-tn  tamtn  pitefif:- 
trt  m  malm  bantfactat,  quia  etft  alimtan 
it  unlit  eft,  mn  hoc  ipfc  fatu  fed  fit  it 
Hit,  iivina  prtvidtnti*  frtcurmtt. 
nas  in  h:um. 


Its-  uiim    eft 
hac,  ut  qui  va/ci- 
tur  fine    tegtttmo 
Matrimonii    rna- 
trem  ftquatur. 
Ulpian.  /.-/..  17. 
*i  Sabinum. 
Digeft.  f.  M. 
f  ram  at. 


Aqui- 


A  Commentary  upon  Fortes  cue.  487 

mic  it  to  others  and  fo  it  becomes  notorious,  but  the  father  of  the  childe,  there  is  onely  •$«'  «/» ■»'»  «'"•• 
the  mothers  word  for,  which  though  it  be  of  great  credit,  being  (in  a  caufe  of  vehe-  f"u,7"fttllmL. 
ment  fufpicionj  aflared  in  the  pains  of  that  condition,  yet  is  not  fo  demonstrably  <w  ^.  jM,u 
true  as  the  certainty  of  the  mother,from  whofe  belly  the  childe  is  taken  ;  which  being  *e  *^'u"1,  * 
the  rcafon  of  the  Civil  Lawes  position,  Partus  femper  fequitur  ventrem,  feems  tome  DigtA.  a.i.tii. 
not  to  be  wi  thout  much  of  rcafon  in  the  obfervation  of  it.  *•/>■  *'• 

Ad  hac  legis  Anglit  confulti  dicunt  :  quod  partus  ex  legitimi  thore  mn  eertius  nofcit 
mttrtvt,  tjfinm  genitorem  fount.  Nam  amb*.  leges  qua  jam  contendunt, uniform  iter 
dicunt :  qucdipfe  eft  pater,  quern  nnptit  demonflrant. 

TheLawof.E»g/4»^looking  upon  the  childe  a$  the  partus  legitimi  thori,  concludes 
the  childe  as  well  capable  to  know  his  father  as  his  mother  •,  for  the  knowledge  here 
being  that  of  polity  and  civil  enaction,  followes  theprefcript  of  the  Law  which  ap- 
points and  orders  it,  which  is  that  lawfull  procreation  be  within  marriage,  fo  that  if  a 
childe  born  in  marriage  may  know  his  mother  who  is  the  wife  of  the  father,  the  fame 
childe  may  by  the  fame  rule  of  marriage  know  his  father  ;  that  being  concluded  on  by 
all  hands,  He  is  the  father  who  is  the  hufband  of  the  mother  in  marriage  ;  for  as  the  par-  p„tir  ,ji  aum 
turitionofthe  childe  by  the  mother  declares  who  is  the  mother  of  the  childe,  fothe  *uf"*  <*«•>">- 
marriage  of  the  mother  with  the  father  attributes  the  father-hood  of  the  childe  fo  be-  ^y^J^Zm 
gotten  and  born  in  marriage  to  the  husband  in  that  marriage,  and  his  in  reputation  of  Dige'a.  in.  %. 
Law  it  (hall  be,  if  no  impoflibility  in  him  to  beget  it  be  maintainable^  and  as  wedlock  "'•♦• /*' in '"' 
declareth  the  mother  as  to  honour,  fo  doth  it  the  father  as  to  legitimation  and  inheri-  v        M 
tance;and  the  man  being  the  head  of  the  wife,and  the  wife  and  he  but  one  perfon  in  the  ••/»/*•  •»  Lit. 
Law,  the  Law  of  England  holding  up  the  honour  of  marriage,  and  vilifying  whatever  is  tlet0D  t%  ll'- 
honeftative  thereto,  judges  it  more  convenient  ut  conditio  filii  ad  patris  potius  quam  ad 
matris  eonditionem  rtfcratur~]  as  the  Texts  words  are,  and  being  with  U9  there  is  a  rule 
which  none  muft  depart  from,  That  no  man  ought  to  think,  himfe If 'wifer  then  the  Z<iw, 
all  argument  againft  this  constitution  and  practice  is  facrilegious  •,  for  though  here  be 
under  marriage  a  difcrimination  of  fex,  yet  is  there  an  unity  of  nature  and  indifcrimi- 
nate  parentage,  fo  is  the  Text. 

Cum  de  conjugatis  dixerat  Adam,  erunt  ipf  duo  in  came  una,  quod  dominus  expo- 
ntns  in  Evangelio  ait ,  fam  nenfunt  duo,  fed  una  caro. 

This  is  produced  to  (hew  both  the  antiquity,  honour  and  innocence  of  marriage 
(inftitnted  in  Paradife,  and  hence  by  God  fan&ified  to  the  ends  of  his  inftitution)  and 
the  intimacy  of  marriage,  which  purports  a  dearnefs  of  invifceration  beyond  that  of  ad- 
hefion,  for  'tis  not  faid  they  (hall  onely  leave  father  and  mother  and  cleave  to  one  ano- 
ther, but  'tis  faid  that  thofe  afts  of  leaving  dear  relations,  and  cleaving  to  the  folitary 
choice  marriage  makes,  (hall  be  that, whereby  they  may  be  cue,  which  aphorifm  uttered 
by  Adam  in  Gin.  2.  24.  was  (I  am  apt  To  think)  when  he  was  extatique  or  fcraphique 
above  what  he  as  a  meer  man  wrs  for  it  is  prophetique  and  prefigurative  of  what  (hould  **  d' r,s*  »•- 
be  the  conviction  and  duty  of  man  and  woman  in  marriage  to  the  end  of  the  world.  £^""„'«» 
I  take  my  notion  from  Saint  Auguftine  and  Clarius)  I  fay  when  Adam  was  thus  ab-  ««*  «t««  mmm» 
drafted  from  humane  feculencies.and  carryed  above  the  perch  and  flight  of  the  narrow  mFafV"'a"j^' 
and  dwarfie  profpect  of  mortality  •,  Then,  then,  was  it  that  he  faid  of  man  and  woman  »T»1.  ctaim  «'» 
in  marriage^  erunt  caro  una~\   that  is,  fayes  Vatablus,unvs  homo  for  that  ip/i  duo  in  came  f-1"*  . 

una,  is  our  Lords  addition  in  Matth.  ip.'r.  5.  where  the  word  ©iy«ci>MH3))js7*/  T?  %"' l"it  ""u]d 
•yvrtuiu  feems  to  me  to  be  fomewhat  lefle  then  that  vnfjont^xt^ym-mi  *&<  nv  yvvajw.  '"«•  tniiMmd*> 
*i/t«,  Mark,  10.7.  For  when  a  thing  is  joyned  to  another,  as  Fletchers  do  in  ^fw^f 

{•ieceing  of  arrowes,  or  Mafons  in  cementing  of  ftonts,  or  Builders  in  joyning  am^mvc!*. 
rames,   though  there  be  a  fupport  and  afiiftance  each  of  other,  yet   there  are  Var»b,u>  '*• 
flawes  and  joynts  which  wind  and  weather  may  pierce  and  make  chinques  and  Mm 
chops  in,  but  when  a  bone  forced  afide,  isfetln  its  proper  place,  and  a  Gyons 
■alerted  the  (lock,  and  let  into  a  convitality  with  it,  then  it  growes  to  be  one  invifible 
punct  of  kindnefs  and  conjunction,  thenisthat  done  which  this  irfynof^a^fioymi  veit 
rlv  yvtajta.  feems  to  me  to  intend.  Thus  our  Lord  fayes,  Adams  erunt  una  caro  is 
«ade  good  in  the  double  vtif  which  refers  to  the  union  of  body  and  mind,  by 

Dddd  t  which' 


^88  A  Commentary  upon  Fortescue. 

rrafm  «'»  uc  which  e  duobus  fitt  unns,  not  as  if  tbe  Holy  Ghoft  pointed,  faith  Erafmvs  to  the  catnall 
contents  of  marriage,  which  the  Greeks  termed  *?$£*  iv  *t$roi<,  or  that  he  commen- 
id«m^%  r«.  de<i  ti,(S  umon  as  lt  ^a9  ^^u,  £,$*  wherein  wives  had  delights  of  husbands  as  husbands 
$1.  *"*  lud  oi"  wives  (though  this  is  the  effect  of  marriage)  but  our  Lord  drives  it  thus  home 
Grot,  in  e.  toreprefent  thedearnefs  of  that  tye  in  the  virtuous  amicitiality  of  it,  if  it  were  ab- 
1 9.  Gtiiv.')-  ftradted  from  all  poflibility  of  fenfuall  fruitions,  and  the  oble&aments  of  carnality  ;  and 
Ncftrisex  fo  St.  Pant  in  Ephcf.  •).  30.  applyesit  to  Chriftand  the  Church,  which  digniheation 
cflibtis  alter,  ofmarriage  tjra.'w  thinks  to  be  that  which  declares  marriage  to  be  rem  vert  [acram, 
4.  iEneid.  r.m  humanitus  fed  divinitsts  rtpcrtamfor  'tis  God  that  can  make  fft'o  in  an  houfe  to  be  of 
tpwwf  y.n-  one  heart,  andoneminde,  that  is,  to  be  two  in  one,which  the  Heathens  made  the  top  of 
Sj'U  <A)o  it-  Concord  and  kindnefs.  Now  this  the  Chancellour  applyes  to  the  cafe  in  point,  if,  cum 
iw  <*V?'y"  mafcsdinumccncipiatf&mininHm,  ad  mafculinum  tj»od  dignius  eft  referri  debet  tctacaro 
■rif%(t>*.2.  fic  fafta  una]  asmuchasif  he  had  faid  Adam  ( the  firft  man  and  husband)  under  the 
Politic.  4.  polyfexuall  word,  Man,  ceuches  Woman  part  of  him,  and  imports  the  nobili- 
Plutarch.  in  ty  of  humane  nature  to  refide  in  the  man  as  being  the  firft  tempore  and  dignitate, 
fimpof.  an  which  I  write  not  to  advance  the  huffs  and  prides  of  men  over  their  companions,  ttht 
/jo  or-mt  *><*■  are  bone  "ft  heir  bone,  and  flejb  of  their  flejb,  the  beft,  oncly,  excellent,  and  rational  com- 
ynyiviw.        forts  of  life,  but  to  aflert  the  rights  of  man-hood,  and  to  excite  men  to  live  and  love, 

worthy  the  majefty  and  merit  of  their  divine  Endowracntifor  in  tliac 
Digeft.  ub.  11.  tit.  1.  />.  i»»7.  is»8.  min  js  called  creaturarum  fretiofijfima  &  digniffima,  and  is  prefer. 
Thcop'hl'f  Ani«eefl./«#rf.».|.«if.i.  red  abovc  the  woman,  as  Theophilm  Antece§or  makes  good,  and 
de  uniHt  a»/ut.  Fabrottus  obferves  on  him  to  be  according  to  tlie  Lawes  of  nature^ 

Teuu'..  t  4*»-  an(j  to  wnat  Go<j  declares  Gen.  3.16.  where  he  fayes  to  the  woman 

s^'r'^'ZZ'rLn^Zl^  Tfy  ^firefhall  be  to  thy  W*m/,which  Aben-Ez.ru  reads  by  cbedien- 
hhnim  fr*fatt»*t  \j\?\*nM.s4.«iitdi(i.  ti4  tut  erit  viro,  it  is  to  be  undentood3not  as  it  the  dominion  of  man 
jDg'jt.  ».  *»"»  4.  t-  *■*«•  *  were  a  tyrannous  aad  violent  one,  but  to  fhew  there  is  a  certain  na- 
tulan '5i.««w.a  V'!  j.  turall  and  affe&ionate  virtue  implanted  by  God  in  the  woman,difpo- 

fing  her  withcomplacential  delight  to  fubmit  to  her  husbands  mildc 

Obferve  this.  and  civilly-obliging  Government,  as  that  which  fhe  is  made  free  by, 

Non   .fempcr  cum   mnlieri-     &  refts  happy  in.  Now  though  Grotius  according  to  the  ballaft  of  his 

bus  mar  it  i  agunt  amice   &     Incomparable  judgment  makes  the  fubjection  mentioned  in  x'Tim.e. 

r&T   aHVKa.-mCa.av.  Grotius  in     2.v.  11 .  to  be  a  branch  ef  fcrvitude  penal  on  the  Xotman  being  deceived, 

1  Tim.  c .  2. 1 1 .  *nd[o  firft  in  the  tranfgreffio»-,yct  furely  it  is  that  whc  by  the  Inftitu- 

tion  of  God  is  very  comely  in  them  to  fubmit  to,  &  very  contributiveto  the  order  and 

propagation  of  mankind, and  therefore  the  glory  of  modeft  and  virtuous  women  to  own 

in  all  the  latitude  of  a  marriage  loyalty  and  fwcetnefs-,  for  no  wife  recalcitrates  the 

government  of  her  husband  whom  fhe  is  prefumed  to  have  chofen 

Thoioff.  1.  n. '.  4.  and  voluntarily  to  have  pledged  her  faith  to  and  reverence  of-,  but 

,  uS.  5'/w-f™J"X»  f     <he  that  is  fickle  in  order  to  difhonour,  and  weary  in  preparation  to 

&  ftpmi  »»*/«m  &  cmempiM  Hxvii     a  defire  or  change .-   for  man  being  in  his  nature  fo  excellent  that  he 

„„/„„, .f.fiMhm.m  &  f*,Hiu<.m«,*ri.    R      h  perftaion  of  all  creatures  in  him,  the  luftre  of  Jewels,  the 

t.rux,  4«>  mnmvnnt  cum  «.vo  .14  off  V  ,  1  .  J  »  •■    v 

Mthvuaim  w<r«(U/«.  rhoioiv  lib.  s.  flourirh  and  increafe  of  Plants,  the  activity  of  Animals,  the  intellect 
c-*jlT'7'  of  Angels  which  made  him  be  accounted  by  the  Ancients  quoddam 

phatotinus  nb.  omne,  mortalis  Z)eus,Ecce/fior  ctxle,proftt»dior  inferno, longior  ttrra,latior  mari,  as  Phavo- 
i7.  &  1*.  it  ex-  rinus  his  words  arc,  (for  which  caufe  the  Ancients  have  attributed  fo  much  to  him  thac 
titintidhtmtms.  tncy  navc  ma(je  a(j  things  nothing  in  compare  with  him)I  fay,as  woman  is  blefled  rather 
fr'm*i'emm  ;*«  then  burthened  with  his  fuperiority,fo  are  their  children  begotten  by  him,  dignified  by 
mbmmr  htmini.  bcaring  his  name,  and  becoming  him  in  the  continuity  of  a  fuccefiion, which  is  the  rea- 
7ur'"niVdu"  fon  that  our  Common  Law  conlidering  that  the  greater  is  more  worthy  then  the  lefs 
gamifft  **ura.  (becaufe  it  implyes  the  lefs  in  it,  and  has  prclation  from  the  fuper-addition  it  hath)  ap- 
m"'m  t"tm  P°intl  cne  childc  to  follow  the  condition  of  the  father  and  not  of  the  mother. 

NAtur. 

Thoioff.  lib.  9.  Ipfe  quocjuc  civile s  leges  dicunt,  quod  mulieres  femftr  corufcant  radiis  maritornm 

Vxerei   cornfiiint  JHtrttm. 

r*dw '  mtritorum 

t&"p^'l'-"'  Tb'5  Thtlofftous  confirms  from  fnfti»ian  and  the  Authentiqueiand  ,tV/p*x«j.concludes, 

gMitm.  m,.  6  Femintt  mtpta  clarifftmis  perfonis,  clariffimarttm'perfonarum  appellatiene  contincntHr,And 

Fiincnmifi.  AcHrftHs  cives  this  in  our  Text  for  the  reafon,  £b*ia  uxor  fnlget  radiis  m*rit»rum. 

^..m.  Hence 


A  Commentary  upon  Fortescue.  4.8? 

Hence  is  it  that  the  *  Lawes  fay,  Vxore s  domic'dium  &  forum  maritorum  fequuntur,  *  Thoioff.  hi. 
for  fince  they  are  onepjb  with  their  hutbands,  good  reafon  is  there  they  fhouldhave  I,c-,,;'r,J* 
the  fame  refpect  their  husbands  had  while  they  continue  their  husbands  reli&s,  or  mar- 
ry in  his  degree  •,  for  though  if  they  marry  above,  they  mend  their  luftre  as  their  Mar- 
riage is  more  illuftrious,  or  equally,  they  are  no  Iofcrs,  butftill  do  corufcart  ruins 
mariti  j  yet  if  they  take  husbands  beneath  it,  the  courtefie  of  England  is,  they  retain 
their  beft  title,  and  this  women  have  to  prefcrve  their  Matronage,  or  if  not  that,  to 
compenfate  the  fubje&ion  they  are  under  ;    not  that  which  of  old 

was  executed  in  cafe  of  difloyalty,  but  that  affectation  of  fhew  and  "**»*  vam>  •^*"»«  miu  f«u  Ux. 
pomp  which  is  naturally  in  them,  and  which  if  they  are  abated  in  or  "X  SSTJlTlfiS1 'J£, 
deprived  of,  they  grow  difcontented  and  unpleafant.  For  though  ««  w*™  fi  unfmt.  vtechzu*  «t  Li- 
the Lawes  of  Nations  do  abhorr  a  yjtoumtern*,  and  he  defervedly  JZm"'f'  *n' ''*'  D'  J!sn,fi"tt""' vcr' 
be  reproachable,  Thjt  being  enthroned  bj  God  does  confent  to  his  abaft" 

mint  nni  vilitj,  as  that  unworthy  husband  deferves  to  be  accounted  to  T»dmd>  «n»  »n  9«;  k/j*,  4j„ 
do,  who  is  Jbrivelied  up  to  nothing  by  the  larch  andfiarpnefs of  hit  Snl-  *,*?'JZ\'  si  IT"  ****  ?  d'mi 
tnnm  wife,  as  BucUus  complains  many  nenn-peck  d  men  are  dcier*  «««,  cum  fori,  Uapjtrum  gtrMti  r& 
vedly  accounted  ;   vet  does  civility,  religion,  and  good  breeding    v'"' %mf""' (' '*&"'  'ft  '"•/>*»•  Bu- 

1         j  j       3  ic  1  r     £l  L-    u,i       j  azut  m  TtndtH,    p.  it.     Edition    Vif- 

comraend  to,  and  command  from  men  love,  refpect,  yea,  high  kinde-     cof. 
nefs  and  courtfhip  of  endearment  to  the  wife,  as  the  flower  and 
finenefs  of  all  doraefiick  contents.    And  fince  the  wife  has  no  greater,  nor  at  all  any 
nobler  portion  of  the  felicities  of  life  then  what  fhe  has  devolved  from  and  imparted  to 
her  by  her  husband,  worthy  and  wife  wives,  or  thofe  that  fuch  women  would  be  ac- 
counted, fhould  be  very  cxaft  and  choice  in  the  fixation  of  their  Marriage-loves,  for    ,.      ,;• 
furely  the  aberrations  and  draggles  from  pudicity,  and  the  intoxicating  Labyrinths  of      V 
ftolne  and  defaming  pleafures,    commence  from  the  violcnciei  that  either  parental  We  ' 
commands,  or  ambition,or  covetousnefs  gratified, furprife  women  of  rare  parts  and  per- 
fons  by  to  unequall  matches,frem  the  husbands  of  wch  thefe  wives  having  no  conizati- 
on, but  rather  a  total  Eclipfe  through  the  fogg  and  dead  night  ©f  their  difmal  and  inori. 
ent  appearances,     thefe  Sparks,  e nraged  by  the  lofs  and  diminution  of  their  names  and 
reputations,  turn  A poftates  to  their  plighted  troth,  and  feek  abroad  what  they  have 
not  at  home  •,    to  prevent  which,  as  the  great  botch  and  plague-fore  of  womanhood, 
and  that  which  is  the  dead  flje  in  the  precious  ojntment  of  their  refutation,    it  were  to 
be  wifhed  they  would  refolve  on  fuch  husbands  as  have  cornfeancy,  and  thofe  had,  and 
that  had  from  them,  be  iatisfyed  with  them.     For  furely,  next  the  grace  of  God,  no- 
thing is  fo  certain  and  eflfeciual  a  muniment  of  feminine  modeftyasa  complcatand 
Curable  husband,  which  does  not  onely  make  all  eggs  of  attempts  on  her,  addle,  but 
gives  her  a  ferenat*  in  her  minde,  and  difpofes  her  to  the  moft  noble  and  notable  endea- 
vours and  performances  of  her  Sex,  which  Livia  the  Emprefle,  wife  to  Auguflw^  fo 
made  true,  that  fhe,  from  the  example  and  ambition  of  congruity  to  her  husband, 
grew  the  mirrour  of  mortals,  not  onely  loving  and  obferving  him  while  alive,  but  re-  "on-fAiyi^ir 
warding  even  the  news  of  his  being  in  heaven  brought  her  by  Numerius,  who  not  one-  \f  «  ;.-,!„ 
lyfaid,  but  fwore  he  faw  his  foul  fly  into  heaven  ■,   which  felicity  of  his  fhe  no  doubt  &c  Dion.' 
would  have  thought  her  felf  little  concerned  to  reward,  had  fhe  not  had  a  vigorous  af-  «  d00  ajgm 
fe&ion  from  him,  as  the  He,  from  whom  fhe  had  the  Cataratts  and  full  ftreams  of  glo-  Mem  Vlt€ 
ry  defcending  on  her.     For  womens  paffions  are  the  fignsofthe  Heaven,  and  points  Augufti. 
of  the  Compals  they  fteer  by  ■,    and  therefore  to  keep  thofe  influences  of  theirs  within 
Compafs,  that  they  portentuoufly  inundate  none  of  the  fair  grounds  of  Religion,  H°,iBg<he<i-  r'. 
which  they  are  the  greateft  Pretenders  of  Neighbourhood  to,     Policy  and  Lawes  of  \?9\  ■'  *7' 
Nations  have  allowed  them  many  referves  to  blunt  and  break  the  ferocity  of  fuch  paf- 
fions in  them,  which  to  men  are  denyed,  Mulieres  honorc  Ataritorum  erigimns,  &  H.JTp.t-r's" 
genere  mbilitamus  ~]  fayesour  Text.     For  though  that  be  a  true  rule,  Ceo  que  efi  «ity>.  p.  n. 
gaine  per   Marriage  poet  auxi  ejlre  perde  per  Marriage  -,    yet  if  a  Queen-Dow- 
ager  marry  any  of  the  Nobility,  or  under  that  degree,  fhe  lofes  not  her  dignity.  Ka- 
tharine Dowager  marryed  to  Owen  ap  Theodore  Efquire,   and  maintained  her  action 
as  Queen  of  England,  and  the  Queen  of  Navarr  marrying  with  the  Brother  of  Ed-  *<"•  *"!■  »*• 
ward  the  Firfi,  hied  for  her  Dower  by  the  name  of  Queen  of  Navarr  and  recovered  E*  *'  *otl  *' 
it.     But  /I  minoris  ordinis  virum  poftea  fortita,  &c]  If  fhe  marry  in  the  fame  order 
with  the  firft  husband,  fhe  goes  as  the  rate  of  the  fecond  husband  is,  fois  the  rule 

in 


0o  A  Commentary  upon  Fortkscue. 


3»«>i<f»  mu'in  ntbilit  nuffirit  ipubili. 
itfi'iu  ejfe  mbtln.     *Tt#.  />.  IS. 

Mtsji  fimt  (in  mill.  &C.  ftr  dtfitnt 
eimment  que  il  m*me *u  un  defiuth  ir  il- 
grti  it  7^W«»  vwfl*  fin  birtbrijht  re 
mtum,  cmr  en  if  anntxi  4  fit  finite  t$- 
tit  ttrtdir  tndilibilit.  4  Kep.  p.  III. 

Countcls  KmiI.  Cafe.  6  Rep. 

See  Stldm't  Titles  Honor,  p.  17*. 

Nnpt*  prim  enfultri  vin,  impetrare  ft- 
lent  i  Trinapi  qutmvii  perrtri,  m  nup- 
ts  utrnm  minim  di^mmm  vin.  nibtlimi- 
nm  in  nnfuUri  mtnett  di^nituti.  Ul- 
pian.  to.  ».  £>i  Cenfibm  I».  p.  II*. 


in  ^ffoa's  Cafe,  unlefs  the  dignity  be  fuch  by  her  birth,  then  'tis  infe- 
parable  ;  but  if  not,  then  if  upon  her  fecond  Marriage  fhe  marry  in 
the  fame  degree  below  her  Husband,  fhe  lofes,  fo  is  the  jadgement  of 
the  Judges  in  Adon't  Cafe  before  cited,  and  in  the  Countefs  of  Rut- 
fondiCik,  andfoourTextistobeunderftoodj  yet  if  fhe  marry 
not  in  her  firft  husbands  degree  but  beneath  him, as  being  a  noble  wo- 
man to  a  Knight,  or  being  a  Lady  to  a  Gentleman,  (he  by  the  cour- 
tefieof  Engl  And  holds  her  own  degree  of  firft  or  former  Marriage, 
as  we  fee  in  eyery  dayes  experience  made  good ;  and  this  the  Law 
of  EngUnd  allowing  in  courtefie  to  women,  does  honourably  by 
them,  confidering  they  are  the  Mothers  to  thofe  Children  which 
fucceed  to  their  fathers,  and  whofe  Husbands  are  prefumed  to  will 
their  Honours  to  thofe  their  Wives  on  whom  they  beget  their  Chil- 
dren, as  to  fuch  Children  begotten  of  them,  upon  which  ground 
Digeft.  to.  1. ».».  10.  the  Chancellour  concludes,  that  fincc  the  Mother  (  retaining  the  ho- 

nour of  the  Husbands  condition  who  is  Father  to  the  Son  of  Marri- 
age )  is  faid  honort  &  conditiont  rejplendere  ]  the  Son  who  is  born  to  the  Father  will  by 
the  fame  confequence  be  refplendent  by  his  Father's  ftate  to  which  he  fucceeds  •  for  the 

which  U  the     patner  bc,no  thc  predominant  in  Marriage,  the  denomination  of  the  childc  as  to  free- 
Conimon  Law        .  ,    »  ,        r.      ,  .  c  ff   >    ,.  ..  .        ,     ,  , l""~ 

of  Enii-d  faith  dom  or  bondage  is  by  our  Law  to  follow  him,  St  netfe  prent  frAnk,  home,  lour  itfuts 
sir  £*..  c-K.     rrrra  frtnlee,  ii  Littleton's  rule. 

iletiu.  f.  Hi.  if  \       1 

Crtidclis  cutm  neceffarh  judicabitur  Lex  ,  q*A  fervitntem  Augment  At  y&  minttit  li- 
bertAtem.  NAm  pro  eA  nAturA  femfer  implorAt  hnmAUA.  <JH*iA  At  famine  &  pro 
vitio  introdutt*  eft  fervitMS. 

This  our  Chancellour  writes  to  difable  Principles  of  abfolute  Government  intro- 
ductory of  will  for  Law,  andofflavery  inftead  of  liberty,  from  prevalence  with  the 
Prince,  whom  he  endeavours  in  this  difcourfe  to  make  a  Mirrour  of  goodnefs  and  Re- 
gal temper-  and  the  better  to  prefs  on  the  prevalence  of  his  loyal  project,  to  all  the 
precedent  infinuations  in  behalf  of  Lawes,  as  the  rule  of  manners  in  men,  and  admi- 
niftrations  in  Princes,  he  adds  this  of  inveighing  againft  cruel  legality,  which  the 
Scripture  calls,  Setting  up  mi/chief  by  a  Law,  as  well  knowing  that  nothing  is  more 
common  with  Politicians  then  fnb  grAvitAtis  pnrpurA  nepotAri,  to  pretend  Law  and 
Juftice  for  Will  and  oppreffion  •,  which  abufe  of  God's  trufl,  and  mens  confidences  e- 
videncing  it  felf  in  the  fruits  of  hard  conditions  on  willing  and  ready  obedience,  he 
terms  a  cruelty  becaufe  an  approbation  of  that  which  is  the  abridgement  of  natural 
freedom,  and  a  ftabilition  of  that  in  the  room  of  it,  which  is  unpleafing  to  and  re- 
gretted by  the  humane  nature-,  for  though  fervitudc  was  brought 
in  upon  neceflity,  and  reafon  it  is  that  thofe  that  referve  them  whom 
they  could  flay,  fhould  after  faving  of  them  have  their  fervice  .-  yet 
is  it  not  to  be  promoted  to  fuch  high  degrees  of  diminution  of  man'* 
natural  freedom,  as  fhall  extirpate  all  remains  and  foot-fteps  of  the 
primaeve  fanftion,  which,  as  the  Law  of  nature,  is  immutable.  For 
fervitude  is  the  refult  of  that  defection  from  God  and  nature's  inno- 
cence, which  luit  and  corruption  occafioned  ;  and  as  the  longer  it 
wanders,  from  its  firft  ftation,  the  more  contumacious  it  is  againfl 
the  rule  of  its  cenfure  and  reftraint :  fo  the  more  adverfe  to  a  return 
of  regulation  it  is,  the  more  pugnant  with  that  jufl ice  and  lenity 
that  fnould  aflbciate  power  and  magnanimity.  And  therefore  fincc 
liberty  is  the  inftinft  of  all  creatures,  who  are  not  brought  into  the 
power  of  man  but  againft  their  wills,  and  who  no  longer  reft  tinder 
it  then  that  power  has  a  menace  and  dread  in  it  ^  which  liberty  in 
men  is  that  jewel  and  darling  that  they  will  venture  life  and  foul  to 
preferve  it  from  lofing,  or  elfe  recover  it  when  loft,  as  we  fee  in  the 
combuftions  of  all  the  World,  which  chiefly  are  to  contend  for  it. 
I  fay,  this  natural  liberty  over-powered  and  become  fervitude  is 
fo  much  the  abomination  and  diftaft  of  humane  nature,  that  the 

Chan 


Tholoflan.  Sjntag. Juris  to.  i.e.  I. 

Jure  Gentium  inning*  fail  firvi- 
tut.  Tholoflan .  6/niagm.  Juris  to  11. 
e.  1. 

Smitui  eft  cinftitutu  Jurti  Gentium 
<fu»  quit  diminii  ulietu  amr*  nitnram 
fubjiatur.    Florentinus. 

Digeft.  lib.  i.tit.  t.fil.  It.  Di  Slit* 
baminum* 


To   £tu<    057W(  V(  (Site1«I 

rift,  politic,  lib.  6.  c.  2. 


A- 


"Btfi*  <juts  delcffiuitm't  ctuf*  cinclu- 
dimm.cnm  apiofms  nlumur  (]*dm  fi  tfstnt 
libera,  »»  ftuiltttmtn  patnntur  ft  un- 
tmiri.    Gic.  j.  Di  Fimbui. 


eic.10.  Philipp.  I  0§c. 

Tholoff.  Symagni.  to.  it,  ».u 
I*.  &f. 


n 


A  Commentary  upon  Fortescue,  4.9! 

C  har.cellour  fayes,  It  is  a  cruel  Law  that  exa&s  againft  the  Law  of 

Nature  ard  ihe  God  oi  it,  who  being  himfelf  a  free  Agenr,  created  &£.*£' lihn"  lu*ri> ? '"'",  "'  fcni"' 

his  creature  to  a  freedom.    Now  thooSh the  L awes  oi  men  have  T^2d^  &■&%. 

profitably  introduced  reftraints  of  freedom  in  thefinfull  execfles  of  &  76. 

it    and  reduced  the  power  of  multitudes  into  few,  and  the  Dictates  HTC  iu'm  *- /***"»  ""j'",ai- 

1  .  .„■,_.  r       ..    .  _    _'.  .  ,  cms  human*    mumfici  er   daue  tuent.  )»• 

of  licentious  will  to  rhe  tmpire  of  religious  Juftice  and  moral  or-    f»u  ji«,«r,  «.»•/»«  *d,*nei*  fi<t<uM- 
der;   vet  is  this  r.o  violence  or  ripe  upon  the  natural  freedom  in     ""*'•  i&**b">  tr*#>**>>  amu*.  j»*j 

«*■■/-  e  •  r  ■  t   t         .  *  1  r  j       1*'  /*•■"   tftris  cjasdem,     uqut  h*c  it* 

the  main  ddgrrof  us  poCtion  and  donation,  but  a  prefervation  and  ]„;,,,,,  trtfrittfJty  m  f«t  *i»*m»  r<- 

improvement  thereof  to  thofe  principal  ends,  that  the  mercy  and  i><punm  ammum*-,  mm  cum  fie  i™«>- 

w.fdom  of  the  endower  thereof  indulged  it  for,  which,  if  not  ftintcd  Z~!ZS^  £*?' J£Z$i 

in  the  excurfions  of  it,  ( as  fin  by  defacing  the  fool  has  fenfualized  qmdqmd  *\n  <j«*$<«  «««>,  a  *  <"*• 

it )  would  be  a  more  intolerable  eyil  in  men  then  in  beads.     And  "•"'••'"■  *■  "?»«  "?•/«  <fe«-<"«"»- 

«*«.■•'_  ,.  l  •»  /■  9»'  ficittit'  human*  run  nkmrrlbtt.   BU- 

therefore  Lawes  and  Law-  makers  are  Patrons  tocommon  preferva-    dscus  «  iw«tf.P.i3.  £<fe.v»fcof. 
tions,  and  co  be  honoured  as  Secundi  Dii,   who  do  f Avert  liber- 
tati where  they  may  do  it  falve  erdint  &  regiminis  face,  and  yet  propitiates  it  no  o- 
therwife  then  it  is  favourable  to  its  felf  in  a  regularity  of  aftion  and  a  virtuofity  of  or-     • 
der,    wh:ch  fo  far  is  accommodated  to  multitudes,  as  they,  by  the  prevalence  of  vir- 
tue conquered  to  the  will  and  Empire  of  prudence,  are  fitted  for  the  entertainment 
of  it;    which  becaufc  the  people  of  England  are  in  the  Mafs  of  them  more  civilized 
then  moft  Nations  are,  the  Lawes  of^^/^arefaid  by  our  Text,  In  pmni  cafu  li- 
bertati dure  favorem. 

Hac  ccnfiderantia  Jura  Angliar,  in  cmni  cafu  libertati  dart  faverim. 

That  is  in  cmni  cafu  Ugali  dant  libertati  legalem  favorem  ;  for  the  Chancellour's drift 
is  not  to  aflcrt  an  incircumfcription  of  favour  in  the  Law  to  licentious  and  ill-conflitu- 
ted  liberty ,  (  for  then  he  had  made  the  Lawes  of  England  Patrocinies  to  every  extrava- 
gance- nor  would  any  virtue  or  order  be  promoted  here,  did  the  Law  in  the  latitude 
of  this  notion  favour  liberty.)     But  this  In  cmni  cafu  libertati  dant  favorem,  is  fo  to  be 
understood  of  the  Law,  as  it  makes  good  the  definition  of  ars  atfui  &  beni,  which  a  Law 
ought  to  be,  and  then  the  fenfe  will  be,  That  the  Lawes  oi  England  in  all  cafes  where- 
in freedom  confifls  with  virtue  and  peace,  favours  the  freedom  of  Lord  and  Vaflal,  that 
the  rights  of  both  may  be  properly  conveyed  to  them  •,   and  hence  the  learned  know 
that  the  Lawes  of  England  ire  called  Libertates  Anglia,  quia  liberos  htminis  faciunt : 
and  therefore  the  firtt  Chapter  oi  Magna  Charta  is  Ctncejfimus  etiam  &  dedimus  tmni-  *  lQ  "■'' ? 
bus  liberie  hominibus  Regni  »e/rr»,which  words  Sir  €d.  Cct^  fayes  extend,  T»  aS  Perfont   Tdg.  ♦, 
Ecclcfiafiieal  and  Temporal,  jea  to  Villains,  for  they  are  accounted  free-men  faving 
againft  their  Lords,  yea  againft  their  Lords  when  they  unlordlyly  abufe  their  Villains ; 
for  though  Villainage  did  draw  fervice,  and  the  Lord  might  command  his  Villain  or 
Neiftoany  fervice  that  was  painfull  if  honeft;   yet  to  that  which  had  turpitude  in  it, 
or  was  above  the  nature  and  ability  of  man  to  do,  and  was  onely  fit  for  abeaft,  the  # 

Lord  jure  deminii  could  never  force  the  Villain  to  perform  ^  for  as  the  rule  is  Lex  ncn 
tcgit  ad  turpia,  fo  is  it  alfo  Lex  noncegit  ad  impoffibilia.  And  the  Law  of  England 
being  grounded  upon  the  Law. of  God  and  upon  Reafon  and  Religion,  defends  the 
Villain  from  the  unlawful!  tyranny  thotigh  not  the  juft  fervice  of  his  Lord  » for  though  a 
Villain  fhall  not  have  an  appeal  of  Robbery  againft  his  Lord,for  that  the  Lord  may  law- 
fully take  the  goods  of  his  Villain  as  his  own.yet  in  an  appeal  of  Murder,  Poet  aver  envers  ^'f' '"'  I,e' 
[on  Seignitf  vnt aclion  d' appeal de  mert fen pereoud' auters  de  les  Anccflers  ejne  heire  il  c«^on  it/>.  m. 
eft.  faith  Littletcn  :  for  the  Law,  fayes  Fleta,  does  not  as  of  old  reach  ad  vitam  &  nor-  ]\- '  In,flit- 

/•  j   1    i-  n  1     ■  J-  a  r  /•    '  1  •  Fleta /»*.  I.  '.  5. 

tern,  Jed  hcdie  ccarclata  hujusmcat  petfjfas,  c\m  emm  Jervum  Juum  occtdcrtt,  non  mtnus 
funirijnbetur  auam  fi  alienum  interfecerit ,  and  to  this  Lit!  let  en  gives  many  inftances 

ofthe  Lord's  accountablenefe if  hedo  exceed,   as  appears  in  him  in  the  title  of  Vil-  fjj*.1"' 

lainage,   which  declares  the  Law  oi  England,  dare  libertati  favor  em.     For  the  Law  z#«t«i  UpM 

was  not  made  to  fhcltcr  oppreffion  and  Injury,  hut  to  fuccour  innocence  and  paffivity  £,^*«"^£.'/^ 

againft  it -,  and  ifthe  Lord  upon  preemption  that  his  Neif  is  his,  fhall  ravifh  her,  not-  r,(«i/.rB<. 

wirhdanding  his  propriety  in  her  as  to  his  honcft  fervice,  yet  his  injury  to  herchaftity,  i-ipfius  i»  m.  ». 
which  is  her  jewel,  by  the  Lawes  of  God  and  men,  fhall  bring  on  him  lofs  of  his  eyes,    "'"  '"  *'* 
propter  afpeilamdecorisquibusvirginemconcupivit,  and  lofs  of  his  tefticles  whereby  he 


wfl 


4-9* 


Cook  «»  I  W'jlm. 

c  ti.f.  111.  ^ 
lnftn. 

Fleta/16  i.  >  54. 
i  lnftit.  p.  ■!«• 
Nmlltm  viltm  fir 
f.itm  nitiontfptt- 
rum  vel  frrvilit 
tenditwnts   ad  mi- 
luid  fhnmtuit 
ordintm  prtMivc. 
rilictbtt.    Fleta 
tmprscutt. 


A  Commentary  upon  Fortescue. 

was  excited  ad  cahremfittpri  •,  and  if  this  will  not  fecure  the  unvitiatcd  chaftity  of  a  wo- 
man, but  her  Lord  will  ryot  on  her,  as  was  the  fin  of  fomc  in  Edward  the  Firfi's  time 
to  do,  then  by  the  Statute  wftmin.  i.e.  13.  34  E.  1.  'tis  declared  Felony,  which 
the  Lect  being  in  the  L.  Mannour,  cannot  (  faith  Sir  EdwardCook.)  enquire  of  but  the 
Courts  of  Law,  becaufe  'tis  a  felony  by  Statute  not  by  Common  Law.  Yet  here  is  to  be 
remembered,  that  though  Marriage  with  a  freeman  enfranchifed  a  Neif,  yet  even  then, 
though  the  Lord  could  not  recover  his  Neif  from  the  freeman  that  had  enfranchifed 
her  during  coverture  ■,  yet  the  Lord  for  this  fhould  have  recovered  a  reafonable  recom- 
pense for  the  fervice  of  his  Neif:  and  foifa  Villain  be  made  Knight,  though  there  be 
no  reduction  of  hitn  to  his  fervice,  yet  there  is  a  rationabilis  valor  to  be  recovered, 
for  the  Law  though  it  cannot  recall  what  is  once  done  and  cannot  be  undone,  yet  does 
it  preferve  as  well  to  the  Lord  his  liberty  as  to  the  Villain  or  Neif  their  freedom,  and 
fo  the  Lawes  of  England  are  juftly  faid  libertati  dare  favorer*. 

Et  licet  jura  iSa  judicent  ettm  fervurn,   *ntm  firvns  in  ctnjugio  ex  libera  frocrtavit, 
non  ferine  jura  ilia  rigid*,  crudeliave  fentiri  foterant. 

The  Lawes  of  England  adjudge  the«chi!de  to  that  ftatc  which  the  father  is  in,  for 
cook  1  mftit      ^e  M°tncr  does  *itel  conferre  to  the  childe  but  onely  nourifhment  and  production, 
/w?.n7.  f  in'.    Such  as  the  father  is,  fuch  is  the  childe,  fo  faith  Littleton  and  Sir  EdwardCook^  on  him, 
Britroti./i/  7i.B.  and  that  becaufe  the  husband  and  wife  being  one  perfon  in  Law,  the  condition  of  the 
*/'fi>0|n   '  *     man  fhall  determine  the  condition  of  the  childe  begotten  on  his  wife  ■,    for  as  a  Keif 
marrying  a  freeman  during  coverture  is  enfranchifed,  fo  a  free-  woman  that  roarryes  a 
bondman  is  during  her  coverture  a  bondwoman,  and  cannot  redire  in  priftimtm  fiatum 
till  file  be  releafed  from  the  coverture,  fince  fuch  as  th*  husband  is,  muft  by  the  Law  the 
wife  be.  .  For  though  in  cafe  of  Crowns  husbands  may  be  Sub  jeSs  where  wives  are  So- 
vereigns, as  King  Philip  was  to  Queen  Mary,  yet  between  Subjects  the  Lawes  of  Ma- 
trimony are  fuch  as  devolve  the  Prerogative  on  the  husband,  and  fubjeds  the  wife  to  his 
condition,  which  the  Queen  of  France  fifter  to  Hinrj  the  Eight  made  good  to  Charles 
Brandon,  and  Queen  Katharine  Parr,  who  after  the  death  of  Hen.  8.  marryed  the 
Lord  Seymour,  and  was  a  very  refpe&full  wife  to  him  ■,  and  tiffins  on  Tacit h:  fliews 
this  to  be  the  nature  of  Marriage  in  all  times  and  amongft  all  people,  and  fo  is  not  a  vi- 
olence or  fraud  by  which  women  are  cither  forced  to  and  beguiled 
into  a  degradation,  but  an  aft  of  will  and  choice,  froprio  arbitrio  fe 
fecit  ancillam~]  that  is,  not  onely  to  do  that  which  the  (a)  AnciBa 
nfnana  did,  if  her  husbands  fortune  will  not  fupport  her  without  it, 
but  alfo'that  which  the  Ancilla  ufuaria  was  not  bound  virtute  ancil- 
latns  to  do,  that  is,  to  bear  children,  which  though  the  bondwoman 
might  not  be(b)  bought  to  that  end,  yet  the  wife  is  marryed  fo  to 
do ;  and  when  (he  knows  this  is  the  Law  of  her  Marriage,  and  is  car- 
ried by  that  motion  of  nature  which  is  rational  to  put  her  felf  into 
the  conjugal   Chariot,  and  to  be  hurry  ed  up  and  down  with  the  vi- 
cifilcudcs  of  it,  and  to  fubmit  to  the  conduct  of  her  husband,  the 
guider  of  it  •,    when,  I  fay,  this  is  foberly  and  with  confederation  en- 
tred  into  and  accepted,  the  woman  is  bound  fo  long  as  her  husband 
lives  to  be  conformable  to  him,  and  the  proceed  of  their  ventures 
mud  be  in  condition  as  He  that  is  of  them  the  father  :  which  no 
doubt  the  Heroique  Conftantiathc  Relift  of  Raymond  Prince  of  An- 
tioch  was  contented  with,  who  after  fhe  -had  lived  a  good  while  a 
widdow,  refilling  the  affections  which  many  Princely  Suitors  pro- 
fered  unto  her,  yet  at  laft  defcending  beneath  her  felf  marryed  a 
plain  man  Reynold  of  Cafiile,  yet  was  contented  with  the  choice  fhe 
had  made,  and  the  reafon  was  becaufe  there  was  a  free  choice  of 
her  own,  which  to  repent  of  would  argue  her  light,  and  continue 
onheranimpoflibility  to  be  remedyed,  which  contradicted  the  me- 
rit of  generous  patience  and  contented  freednefs.    For  though  God 
has  left  toman  the  Vice-Regency  of  all  creatines  under  him,  and 
as  the  great  (V)Mafter  of  reafon,  has  fubjefted  the  woman  to  him, 

and 


Sut.t  Mat.  c  1. 


Fuller  in  Weft- 
mo-l.f.m. 
In  lib.  3.   sAn- 
nt'tum.  p.  $14. 
51'. 


ti  $  vout  «An36>f  «s7r  t*  -raJ  «- 
ytiio).  Plotinus  Ennead.  6.  lib. 

8.7.74°- 

{a) Digeft.  lib.  7.  tit.S.  de 
h[u&  habit  at  tone.  p.  954. 

(b)  AncilU  non  emantur  ut 
fariant.  Glofs.  T.  venit,  Di- 
geft. lib.  19-  tit.  1. 

Lib.  5.  tit.  3.  rwlllp.  lib. 
1%.  adediil.ff.z7. 

Asjot?  J  £«*  pvnt  'ix**  «p* 
l<wnt  r  tiiUyor,  &c.  Plotin. 
Ennead.  Z.  lib.  3.  p. 144. 


FuBer's  Holy  Warr, 
M5-    . 


32. 


T8  $  ItJilf  'Jia.viyr.nt  nM- 

n  if'  5  mvtikm  iy$.  Plotin. 
Ennead.  6.  lib.  8.7.7 3 5. 

(c)  Major  ratio  in  bemimlms  quim  in 
^A*gtlu.  Rofleliul  h  Trifmegift. 
hi.  t.  com.  t.  c.  1.  f, 
c.  lt.p.  444, 


vol.  ! 

;«4.  &  vol.  i.  lib.  4. 


A  Commentary  upon  Fortes  ciis.  4.9$ 

and  endowed  her  onely  with  fuch  proportion?  of  courage  and  art,  as  may  make  her 
know  good  and  evil,  and  fubsrit  to  her  husband  as  her  head ,  and  have  deil  re  to  him  &j^*J^w« 
as  to  her  boundary,  which  when  fhe  doet  and  fliews  her  felf  to  doe,  (he  does  her  duty  -,   *t  «/»■««*»»»- 
for  the  wife  is  fub  prtetlate  viri.  &  ipfe  dominabitur  tibi^\  faith  the  Scripture,  which  ^<*fT' 
being  the  M*gn*  Cnxrta  ot  man  s  fuperiO'ity,  the  woman  is  hence  bound  to  her  good  «/>/<,  &  m»<i 
behavioar,  which  rainy  of  that  noble  fex  delight  With  fo  great  readinefs  to  own,  that  ""'  vd'"  ""''■ 
they  foretimes  fteal  the  hearts  of  men  from  them,  and  with  it  their  Empire,  which  %,*Zm "IffiJ!", 
while  they  abufe  not  they  deferve  to  keep,  and  have  fooner  from  wife  men  then  fools.   *>=»«  #.  ^«»- 
By  all  which  it  appears  that  Marriage  is  favoured,  and  the  children  of  it  fucceed  to  the  fil,td  Ma:ciasn- 
fhte  of  their  fa:her  either  bond  or  free  ■,  and  that  the  wife  ( if  (he  be  not  Sovereign  ) 
is  under  the  Common  Law  of  Marriage  in  all  the  precife  determinations  of  it,  and  that 
the  wife  fo  being,  can  expeft  no  better  a  reputation  then  refle&s  on  her  from  her  hus- 
bind,  whom  though  fhe  is  free  to  chufc  before  fhe  marry,  yet  fhe  is  bound  to  cohabic       r  . 

with  and  fubmit  to  when  marrycd  j  for  a  wife  being  A  name  of  honour  atidnot  pleafure,  digmitm,  »»  v 
as  the  husband  that  duely  confiders  the  friendftiip  and  beauty  of  his  Conjunct  ought,  fo  '«.""•'»•  oigeft 
will  1.-  kindcly  and  with  tendernefs  and  rcfpect  apply  hirafelf  to  her,  and  fo  work  upon  ^oj*''"' ''  '' 
her  love  that  fhe  (hall  think  her  yo^eeafie  and  her  burthen  light,  while  fhe  iswithfide- 
Ety  and  courtefie  thus  viftorcd.  This  is  the  Summit  $•  forma  Lcgis  AnglU'm this 
cafe,  which  gives  fome  in- let  to  the  judgement  of  both  Lawes,  in  the  wife  conducti- 
ons of  thera  for  the  refpe&ive  places  of  their  Regency  \  my  conclufion  being  in  this 
cafe  as  in  the  former,  For  England  the  L*)b  of  England  is  the  be  ft,  Pater  eft  auem 
Muptiademcnftrant,  &  nun^uam  matris  fed  femper  fatris  conditicnem  imitari  partum 
judical.  ] 


,  no*  v«- 


CHAP.     XL  II  I. 

Princeps.     Anglorum  Leg*  in  hoc  cafu,  &c. 

TH  IS  whole  Chapter,  as  the  4 1 .  is  onely  ferviceable  to  the  compleatnefs  of  the 
Dialogue,  and  to  the  vehiculation  of  the  Chancellour's  defign  to  that  perfcdion, 
which  his  aim  (  through  the  mediation  of  providential  advantages  well  obferved  and 
improved  )  promifed  him  to  arrive  at  ■    for  though  many  men  and  things  properly 
fitted  and  induftrioufly  followed  do  not  attain  what,  in  the  enterprifes  of  their  actours 
mindts,  they  are  ftudious  to  difpofe  themfelvcs  and  their  endeavours  towards.-  yetfo  i»  c„p»,  hum*- 
long  as  reafon,  which  Seneca  calls,  A  portion  of  divinity,  funk_and  lodged  in  us,  and  that  <""•  P'"  d,vmi 
which  leads  the  creatures  and  follows  the  Gods  in  the  ttifdom  and  conduB  of  it,  fo  long,   ^""'"p"^.  *r~- 
I  fay,   as  reafon  fwayes  men,  they  are  well  guided,  and  probable  to  arrive  at  the  law-  uiri* Ummm  ©• 
full  iflue  they  expeft.  T  his  being  the  Chancellour's  argument  in  the  perforated  Prince,  "^""/j. £,' 
thac  he  makes  it  omnis  hmefti  comes,    and  thence  concludes  on  the  Law  of  Englands  intfic.  c.i'.  & 
fide,  is  but  what  he  has  throughout  this  Treatife  done,  and  which  he  thinks  the  Lawes  of  ♦■ Dt  3'"-  '■ i0- 
England  deferve  .•  and  that  becaufe  they  do  not  onely  (hew  themfelvcs  juft  to  give  to 
every  one  their  due,  that  will  fueto  them  for  right,  but  eftablifh  right  to  innocent  and 
impotent  babes  that  are  not  able  to  help  themfelvcs.     And  hereupon  the  rule  of  reafon 
and  Law  is,as  here  qwted,Odia  perftringi  efr  favtres  convenit  ampli- 

ari  3  wlikh  is  the  rule  of  the  Civilians,  and  Accnrfius  applauds  it,  fo  D('>ft-  «*•*  "'•+•  Glo("s-  t- "4  * 
alfo  does  our  Laws  ■,  for  where  any  cafe  is"  equilibrious  and  is  capable  ""Z"'7*. »/  *Z"t'e  Smunt «»/«/».  Ma«- 
of  two  fenfes,  the  belt  and  moft  beneficial  one  is  put  upon  it,  and  it    domano.p.  uoz. 

.  made  to  intend  what  is  moft  in  favour  of  juftice  and  mercy,  and  in    ^JS^SSTb^^ 
prevention  of  difcontent  and  hatred.     Seneca  tells  us  that  the  old       TrUn  prdcyimt  vim  pr*/i»,4*  yw 
rule  of  wifdom  was  to  avoid  three  evils,   Hatred,  Envy  Contempt,     £2^83*^358 
the  way  to  do  which,  wifdom  onely  can  dilcover-   and  that  being  in    Epijt.i*. 
the  Law  which  is  fapientia  tempoms,  it  in  all  cafes  preferrs  juftice  and 
mercy  before  oppreflion  and  vrolence  .-   and  this  not  onely  in  expofition  of  Regal 
Grants,  and  in  cafes  that  concern  the  eflates  and  liberties  of  men,  but  their  lives  alio, 
and  moft  chiefly,  witnefs  that  of  Mr.  Stamford,  where  itisfaid,  that  though  by  the  picas  crown. 

•  ftriftruleoftheCommonLaw,   he  is  not  to  have  benefit  of  the  Clergy  who  cannot  fI33' 

Eiec  read 


^94-  A  Commentary  upon  Fortes  cut. 

read  any  where  in  the  book  offered  to  him  -,  yet  in  judgement  of  Law,  and  for  favour 
of  life,  he  that  can  read  but  a  word  or  two,  orfpell  letters,  and  after  put  ihcm  toge- 
ther, (hall  be  allowed  clerici  legere  •    fo  whereas  a  Prifoner  in  Felony  was  in  a  bad 
iinftit  j.  \H.    cafe,  becanfe  he  loft  hit  challenges  to  the  Inaueft  that  found  him  guilty,  ani  y;t  upon  the 
Inejuefi  of  office  formerly  ufe d,  ut  fciatur  qualisordinatioliberan  debet,   he  forfeited  all 
Merc  j  the     his  goods  and  chatties  andthe  profits  of  his  Land,  until  he  had  made  his  purgation;    The 
true  prof  erl J  thrice  Reverend  and  Learned  Sage  Sir  John  Prifot  ftudying  how  to  relieve  the  poor  pri- 
of  a  fudge,     f oner  s  that  "to  ere  deftituteof  counjtl,  with  the  advice  of  the  reft  of  the  fudges  in  Hen.  6. 
(our  Chancello:<r's  )  time,  for  the  fafety  ef  the  innocent,  Would  not  a/low  the  prifoner 
the  benefit  of  Clergy  before  he  had  pleaded  to  the  felony,  and  having  had  the  benefit  of  hit 
challenges  and  other  advantages  had  been  convitted  thereof,   which  juft  and  i hunt  able 
courfe  hath  been  generally  obferved  ever  fince,  which  is  an  argument  of  the  fav ores  ton- 
ut  statute  of    vemt  ampliari  in  the  Text  -t  and  that  it  may  carry  on  the  Majefty  of  Government  in 
»  ej.  i.e.  3z,j3.  a  due  cjrcHiation  of  Inferiority  and  Superiority.  Odia  pe  rftring  i  is  alfo  the  care  of  our 
Law,   for  all  feuds  and  animofities  it  difcountenances,  and  as  they  appear  punifhes  as 
breaches  of  the  peace,  or  by  actions  of  recovery  againft  the  dammage  of  them  if  juft 
caufebe-,   for  our  Law  being  Lex  pacts  &  concordia,  promotes  every  adjument  to 
quiet,  and  profecutes  every  remtra  thereunto,  and  therefore  declares,  That  it  cut- 
Note  thts.       ceives  jtaloufies  and  diftances  in  names  andwajes  of  contradiction  each  to  other,    to  be  4 
not  onely  feaver  but  plague- fore  to  a  Nation  ;  to  cure  which  there  is  a  rare  Prefcript  by 
one  of  the  beft  State- Phyfician»  ( if  thephrtnfie  of  the  Nation  would  have  hearkened 
to  him  )   that  ever  this  or  any  other  Nation  had,  given  in  thefe  words,  Beware  of  ex- 
Eietnjstfu.c.zp  afper4tt„g4Hy  failicn  by  the  crofsnefs  and  afperity  of  feme  mens  pafftens,  humours,  orpri- 
ofiMMnowoui  vate  opinions,  imphjed  by  you,   grounded  Onely  ufen  the  differences  in  lejjer  matters, 
moft  gracious     which  art  but  the  skirts  and  fnburbs.  ef  Religion,  wherein  a  charitable  connivance  and 
sovereign.  Chriftian  toleration  often  diffipatei  their  ft  rength, whom  rougher  eppofition  fortifies,  and  putt 

the  defpifed  and  oppreffed  party  into  fuch  combinations  as  may  moft  enable  them  to  ret  a  full 
revenge  on  thofe  they  count  their  Perfecutours^  who  are  commonly  ajpftedby  the  vulgar 
commiferation,  which  attends  all  that  are  faid  to  fuffer  under  the  notion  of  Religion, 
thusthatwifc  King;  andto  this  purpofefpeaksaRight  Noble  and  well-advifed Sage 
and  Grandee  after  him,  who  minding  the  wifdom  of  the  Nation,  what,  as  wife  Phy- 
ficians,  they  are  to  doe,  divinely  counfcls  them,  Be  not  ( (kith  he  )  too  fevere  and  rough 

The  Lord  Chan-   ttwardi  jour  Patients  in  prefcribing  remedies,  ho)to  well  compounded  foever,  too  naufeous 
cellour  in  his  ,    -     /  t    ■      a       '    l         i  ■  l    •  /  //  i  n    »    / 

Speech.  My  t.  And  otfmfive  to  their  Jtomachs  and  appetite,  or  to  their  very  fancy,  allay  and  correUthoJc 

•*«'•  humours  which  corrupt  their  ftomachs  and  their  appetites,    if  the  good  old  known  tryed 

Lawes  be  for  the  prefent  too  heavy  for  their  neckj,  which  have  been  fo  many  years  with- 
out any  yoke  at  all,  make  a  temporary  provifion  of  an  eafier  and  a  lighter  yoke,  till  by  living 
in  awholefome  air ,  by  the  benefit  of  a  foberer  converfation,  by  kseP*n&  *  better  dyet,  by 
the  experience  of  a  good  and  juft  Government,  thty  recover  ftrength  enough  to  bear,  and 
difcreticn  enough  to  difcern  the  benefit  and  the  cafe  of  thofe  Latest  htl  dtftilted,  thus  the 
Grave  Chancellour  and  Counfellour  of  England,  whofe  divine  anti  ponderous  coun- 
fell  in  thefe  words,  confirm  the  wifdom  of  the  Law  alledged  in  our  Text,  Odia  reftrin- 
gendo  &  favores  ampliando.  ]  For  furely  if  any  thing  carry  a  Law  with  credit  to  its  no- 
bleft  end,  The  glory  of  God  in  the  orderly  Government  of  men  according  to  the 
rules  of  juftice  and  the  dictates  of  kindenefs,  it  muft  be  that  participation  which  that 
Law,  in  the  foul  and  defign  of  it,  aptly  exprcflcd  in  adminiftration,  hath  of  that  di- 
vine wifdom  and  goodnefs  by  which  the  world  and  all  in  it  is  governed  by  God,  jyhofe 
wayes  are  all  mercy  and  truth  as  well  as  judgement  and  power.  And  thefe. being  the 
fcope  and  practice  of  both  Lawes  in  their  refpeftive  Sphears  to  promote,  though  there 
be  a  variation  in  the  method,  yet  the  union  in  the  end  makes  them  happy  conduce- 
ments  to  multitudes  felicities  •,  which  confide;  ed,  the  Chancellour  is  to  be  ur.derftood 
not  to  alledge  his  arguments  for  the  Common  Law  out  of  defign  to  reproach  any  other 
Law,  but  onely  to  winn  the  Prince  to  a  love  of  the  Englifk  Lawes,  upon  confidera- 
tion  that  of  all  others  they  are  the  moft  futable  to  the  nature  of  England  and  Englifb- 
men.  And  fo  he  proceeds  to  the  fourth  cafe  wherein  the  Lawes  vary,  contained  in  the 
following  Chapter. 

CHAP.   XLIV. 


A  Commentary  upon  F  o 


R  TE  S  CUE, 


4-9* 


CHAP.    XL. IV.    - 
Leges  Civile*  mpuberum  tutelatfroximis  de  cor  urn  [anguine  committunt. 

TH  I  S  is  the  fourth  Cafe  wherein  the  two  Lawes  do  vary  in  their  Judgements,  to 
wit,  The  tuition  ef  Orphans  •    for  though  the  Lawes  agree  to  fupply  the  impo- 
tencyofthemby  fubftitutionoffomeperfonsraeet  to  rule  and  order  them  and  theirs 
in  that  neceflary  truft,  yet  the  Common  Law  and  the  Civil  Lawes  do  place  their  con- 
fidence of  the  due  execution  of  this  honeft  and  parental  charity  diverfly.     The  Civil 
Law  does  commit  Impnberum  tutelas  to  the  next  of  their  whole  bloud,  faith  the  Text. 
This  aft  of  the  Law  is  according  to  the  law  of  nature,  and  the  provident  wifdom  of 
Nations  -,  for  impuberty  being  the  novicifm  of  manhood,  and  that 
vacation  wherein  the  firlt  dawnings  of  virility  are  not,  but  perfons 
( Males  under  14.  and  females  under  1 2. )  have  no  fign  of  the  fpring 
of  perfeftjon  and  adultnefs  in  them,    the  in-ability  of  thcchilde  thus 
inftrmed  was  ever  in  all  times  and  Nations  made  good  by  the  addi- 
tion of  fome  perfon  of  years,  integrity,  and  worth  •  who  during 
the  child's  incapacity  to  order  himfelf  and  his  affairs,  fhould  difpofe 
tbem  to  his  advantage  for  him.     This  is  evident  not  oncly  in  the 
times  of  the  fftos,  but  alfo  of  the  Heathens-,  fof  Latrtius  tells  us 
Ariftotle  ap feinted  by  his  Will  A  ntipater  Guardian  of  his  [on  Nicanor 
and  efaB  he  had,  tiU  Hicinor/bouldcome  of  age  to  take  tare  of  himfelf. 
From  this  common  obfervation  of  Nations  Saint  Paul  mentions  this 
Law  in  Gal.  iv.  1 .  where  he  tells  us,  The  Son  is  under  Tutonrs  and 
Govermtnrs  untill  the  time  appointed  of  the  father  -,     for  as  the  Mafter 
or  Lord  bad  the  power  of  the  Servant  or  Villain  jure  Gentium,  and* 
could  manumit  him  when  he  pleafed  .-    fo  bad  the  father  fare  Civili, 
power  of  the  childe  to  difpofe  his  eftate  to  him  when  he  pleafed, 
which  is  thereafon  why  'tis  faid,  Till  the  time  appointed  of  the  fa- 
ther.    For  thefe  Jmpuberes  VfCte  ever  alieni  non  fui  juris,  and  till 
they  were  feventeen  years  of  age  or  eighteen,  as  fome  fay,  they 
were  by  the  Athenians  not  admitted,*',Apx«i<  *»£«>{  xj  iti*t,'zs  Hypo- 
tratitn  teftifies,but  were  under  tutours  who  anfwered  for  them  upon 
all  occafions ;    fo  that  according  to  this  account,  Impuberty,  which 
the  Greekj  called  'Anii3n7»ei*,anQ  which  we  account  the  whole  time  of 
childhood  to  14  years  of  age  in  males  and  mn  females,  is  therefore 
under  ruterage,  becaufe  till  then  there  is  not  probable  difcretion  to 
guide  themfelves  in  any  commendable  convenient  meafure,  but  apt 
they  are  to  be  deceived  and  abu led  through  the  fevity  of  their  na- 
ture, and  their  unexperiencc  in  the  quality  and  temper  of  good  and 
evil.     And  though  in  fome  children  there  may  be  monftrous  pre- 
gnancy not  oncly  of  wit  but  alfo  of  body  before  this  age,  as  was  in 
that  Boy  which  (a)  St.  fertwe  mentions,  and  in  thofe  that  (b)  Bre- 
cham  out  of Hofticnfts  reports  of-     yet  for  the  moft  part,  and  not 
without  fomewhat  wonderfull,  'tis  otherWifc  :    for  Seneca  tells  us, 
ante  pubertatem  non  teJlantnr,  a»d  the  Lawes  think  adultery  incre- 
dible ante  decimum  auartum  annum.     And  though  Puberty  being 
the  inclination  to  the  vigorous  rime  of  life,  and  that  in  which  every 
thing  flourifhed  and  appeared  gay,  was  accounted  lovely  and  ac- 
ceptable; in  allufion  whereto  pubes  and  pubefcere  and  pubentia  are 
afcribed  to  all  things  of  appearing  perfeftion,  stspubeCcentet  herba, 
and  Genapubentes  We  readofin  Pirgil,  and  Rofa  pubentes  in  Sta- 
tins, Ora  pubentia  and  virgulta  pubentia  faetu  in  Claudian ;    and  in 
Turwhus  nothing  is  more  frequetit  then  to  havep*^-  and  pubertas 
expreffed  in  this  fenfe,  as  impubes  and  impubertat  is  in  the  contrary. 

E  c  e  e  2  Alt 


Tubes  ]  lanugo  'qua  maribus  decimt 
quartt,  feminis  duodecimo  anna  circa  pu- 
denda triri  incipit.  quad  quia  maturttatit 
t(t  /tgnum,  faSun  eft  ut  mas  fubei  five 
futer  vacatur,  quamprirnum  ad  generan- 
dum  aptui  e/l,  ir  femma  ad  cencipiendum. 
Theophil.  Anteceflor.  lib.  ».  Inftitur. 
Tit,  I it.  p.J4+.  -De  Tupiltari  Subftuutune, 
Edit,  Fabtotti. 

'  E.*\%mv  1$  «2)  T  *lriu¥,  it) 
thaLT<ty]t]{  'Atwxct&y  iaf  £'  ctv 
N/jg-Vap  jc«tTKA«t/3ii  eOifMKHSK,, 
&c.  Laertius  in  vita  Ariflot. 
p.  1 1 6.  Edit.  Romac. 

Tunis  pupillii  dabautur  Tnierci,  furuJSs 
fir  adtlefccnubus  Curatuts  qui  res  funs  ad- 
mimftrabant.  Erafm.  in  lie, 

Theophilus  AntecelTor. "  lib,  i  lnflir. 
tit.  I:  p.  *J,  Of  pamapetefttte. 

Impubes  nnftitutus  in  pains  ptleftate, 
citari  run  peteft  verbaliter  ntc  ettam  reals- 
ler,  id  eft.  capiendo  perfinam.  BlltuluS 
"Di/tf. lib,  1.  tit,  +,p.  i$s. 

Gaju •  lib.  I.  ad  L.  11,  Tabul. 
Digeft.  lib.i.tu.a,.p.  '91. 

Theophilui  Anteceffbr.  Inftir.  lib.  i, 
tit.  il.  p.  US.  De  ^imhtritate  Tutorum. 

Brcchzus  ad  legem  204.  lib.  Di  verb, 
fcmfit.  p.  447. 

(»)  SanSus  Hieronym.  Ep.  ad  Vitatem 
Vresbjterum. 

(b)  Ercchius  in  Ug.  104.  /«»  prati- 
tat: 

Foineiius  ttc.praiit.  p.  4+4.  ' 


Tubefiemei  herba  mn  mihi  videntur  ad- 
ult a,  fed  I  aim  ft,  lanugmtfa  ;  nam  in  v«- 
neficio  qua  viri  qui  pubent  &•  barbatijunt. 
pttuntur  &■  incantantur.  majerem  vim  ha- 
bere, plusque  pel/ere  quam  leves  &  im- 
puberes  cenfebantur.  Turncb.  Adveil.  lib. 

It.'.ii.p-  ilSi. 

Advetf.  tib.s.  c,  j,  p.  141.  lib. if.  c. 
16.  p.  9!1.  lib.  1|.    c.  7.    lib.   30.    C.i). 

p.  ue-o. 


4^6  A  Commentary  upon  F  o  rtescui, 


AH  which  linlbnce  to  illufirate  the  wifdom  of  Nations,  who  did  hold  the  infancies  of 
men  and  women,  excufed  from  al  care  of  and  prudence  in  bufinefs  ± 
yea  almoft  from  all  punifhraents  except  in  norable  wickednefTes,  as 
in  that  cafe  wherein  the  Arttpagi  cenlured  the  Lad  who  picked'ouc 
the  eyes  of  a  young  Crow,  which  thofc  Judges  thought  ro  be  (o  o- 
minous  of  a  future  wickednefs  in  him,  that,  They  punifbedhim  fe- 
Jgnod  iUum  ubi  aAilevifet  vtrelj  for  it,  to  Hipp  the  fruit  of  hit  growing  foUy  in  the  buA  of  its 
multh  fore  cruAtlitrem  exifii-     ftrfi  appearance  •   which  well  ruminated,  due&s  to  pitch  well  in  the 

affignment  of  children  to  Truftces  or  Tutours.  For  a$  good  or  bad 
Mailers  ordinarily  make  good  or  bad  men,  inftitutionbeingafc- 
cond  nature,  and  rendring  youth  fuch  as  they  probably  become  men  ■ 
(which  was  the  reafon  thac  Socrates  made  grave  men,  when  Bienyfitls 
made  light  oncs.-)fo  good  or  bad  Tutours  and  Guardians  produce  Pu- 
pills  or  Orphans  rich  or  poor,  well  or  ill  bred,  according  as  they 
do  carefully  improve  or  carelefly  ncgleft  the  truft  rcpofedin  them  : 
which  truft  that  they  fhould  be  engaged  to  minde  more  from  the 
ftimulation  that  nearnefs  of  bloudprefumingdearnefs  of  affection 
proclives  to,  the  Text  fayes  the  Jmpuberum  Tuttlas  is  committed, 
as  followeth. 


13-,  &c  Bafilic.  lib.  60.  tit. 
5  i.e.  44 


marent,  ubi  mem  aAhnc  tene- 
ra  waits  eupiditatum  imbuta 
venenis,  fefe  jam  prodit,fup- 
plente  atatctn  maltcia.  1  orne- 
rius  adLegtm  204.  p.  449.  de 
verb  fignific 

'Sit  inffif  'faj'tufyu  a£M*»r- 
7<m.  Anftippus  apud  Lacrtium 
lib.  2.  p.  52.  Edit.  Romar. 


/•»  frtci- 


Epbrf.  y.  29 


Froximis  Ae  e or urn  f anguine.  ~\  The  Grammarians  deriving  proximus  from  propc  make 
this  perfon  here  mentioned  to  have  the  priority,  to  be  of  the  neareft  of  the  whole  bloud 
of  the  Pupil ,  for  though  Proximus  be  a  general  word,(in  which  fenfe  'tis  no  more  then 
Vicintu  and  Amiens  ,there  being  a  Neighbourhood  and  cognation  of  manhood,habitati- 
on,  profeffion,  friendship,  in  all  which  proximity  is  allowed,  yea  brotherhood.)    Yet 
in  the  Lawyer's  fenfe,  cum  trans fettur  aifanguinis  jura,  then  the 
Proximi  are  fuch  as  not  onely  doe  pofitivi  vim  habere,  and  are  primi 
proximi,  &intimi,  as  VaHa  writes,  but  alfo  fuch  as  are  fali  in  re- 
latime,  that  is,  fupremi,  fuch  as  have  no  fellows  to  them  in  near- 
nefe  of  bloud  and  perpendicularity  of  defcent,  thefe  the  Law  terms 
Agnati  feu  Cognati "]  which  terms  are  (a)  Gentilitatis  nomina,  and 
are  not  to  beunderftood  in  Pliny's  fenfe,  who  makes  agnatus  to  a- 
mount  to  abundans  -,    fo  he  calls  the  fupernumerary  Members  of 
man's  body,  which  are  ufelefs  and  monftrous,  (b)  Membra  anima. 
libusagnata,  and  (c)  I'tli  agnati  for  abundant  hairynefs :    but  by 
Agnati  the  Lawes  intend  thofc  that  are  of  the  Male- bloud  from  the 
line  of  the  father,  as  Cognati  are  of  the  Female  -,  and  thefe  Agnati  are 
the  firft  in  preference,  for  the  Cognati  are  comprehended  in  the  Agnati, 
but  not  the  Agnati  in  the  Cognati,  fince  they  are  further  off&  are  not 
inheritable,  nor  can  have  the  cuilody  of  them  while  the  Agnati  are 
in  being ,  for  Agnatio  does  in  the  Lawe  comprehend  all  right  of  ally- 
ance :  and  therefore  in  all  difabilities,  whether  of  nonage  or  lack  of 
reafon  by  madnefs,  the  cuftody  of  the  impotent  Kinfman  was  to  be 
in  the  Agnatus  the  next  of  his  fathers  bloud ;    fo  Tuliy  and  Varro 
mention  the  Law,  and  (d)  Budavu  tells  us  the  Proverb  hence  grew, 
Carry  madmen  to  their  Kindred,  not  that  they  are  fure  ever  to  be 
moil  taken  care  for,  and  moft  made  of  by  them,  but  becaufe  the 
Lawes  of  Nations  in  preferring  them,  follow  the  rule  of  nature, 
which  is,  that  we  love  our  own  jjvhich  Saint  Paul  had  regard  to 
when  he  fayes,  *  Never  man  hated  his  own  fit  Jh  but  nonrifljedandcht- 
rified  it :   and  that  Coufins  of  the  whole  bloud  are  one  flefh  and  (o 
ought  to  be  as  to  the  title  of  love  and  dearnefs  cannot  but  be  granted, 
wch  is  the  reafon  that  this  commitment  of  either  children  or  madmen 
to  the  neareft  of  their  bloud.is  by  the  Lawyers  faid  to  be  a  Law  that 
cannot  be  receded  from,  a  nearnefs  that  all  the  water  in  the  Sea  wilt 
not  vajh  «jf,as  we  proverbially  fpeak  •,  and  Vivian  after  he  has  gloffed 
upon  the  Texts  of  the  DoSors,  who  all  agree  the  latitude  and  fixa- 
tion of  the  right  of  Agnation,  concludes,  Id  eft  jus  auodhabet  fuitM 

idco 


Alciat.  ad  Leg. 
'57-f-  «44.  de 
•oerb.fgnifie. 


Lib.  1   Elegant,  c.  17. 

Btectuens  ad  Legem    I  $7, 
tat: 

tnximm  eft  mm  nem  anttcedit,  ut 
fupremtu  m»tm  nemt  fiquetur.  Forsecius 
tn   Legem  eetndtm. 

fa)  (jennlis  vera  ($•  Mgnatitntm  rjr  eeg- 
natienem  cempteBitur.  rauluj  de  Grad. 
&  ^fffinit.lib.  \t. 

(b)  Lib.  11.  c.  jj. 

(e)Lib.  iuc.it. 

Tholoff.  lit.  ti.  c.  ».  (T.  6.  lib.  4*  e.  u. 
ff.  I.  lib.  45  c.  13.  IT.  6. 

Seldfia  tn  this  Chap.  p.  50. 

TholuQan.  Syntagm.  Juris,  lib.  9.  c.  9. 
ft  u. 

Alciat.  lib.  1.  de  verberum  fignifitat. 
f.Sf»- 

■  Agnati  fiat  icdem  fanguint  fricteati , 
fed  proximittrei.  Forner.  ad  legem  s  j .  lib, 
de  vert.  fig«ifi'-f.  141. 

Si  fm-iefus  eft,  agnafram  gtnt'wmque  in 
en  tecitmaijme  ejm  peteftas  efi:  ClC.  I. 
De  Invent.  lit. 

Varro  lit.  I.  da  He  "Huftic.  c.  t. 

fdJBudxns  in  Tandell.  p.  jo. 


Jura  generis  tun  peffUnt  dirimi.  Ear- 
»olus  Digtfl.  lib.i.  tit,  14.  dt  paBis  p. 
!»♦.  D. 

Jus  agnatinii  mm  ptjft  paBt  repudi- 
*n  r.m  magu  <j*.im  .;«»  dicat  ntlte  fn- 
um  effc.  Modcltinus  lib.  5.  Rcgula- 
lum. 


A  Commentary  upon  Fortescue.  4.97 

idea ejuodefi  agnatus ut  in  harcditatibus  &  tutelis ;  whereas  then  the  Chancellour  fayes 

agnatifuerintfeucognati,  he  thus  jayns  them,  becaufe  the  fame  priviledge  in  this  cafe  JJ,'™Ju\fw'£_' 

is  to  the  cognates  as  to  the  agnates.though  the  preference  be  to  the  rgnates  if  fuch  there  nus  <»  dioff.  t. 

be;  For  what  Budaus  fayes  of gentilitas  &  agnati  that  the  ancients  alwayes  joyned  '*•  %*•<**• 

thefe  words  together,  is  true  of  the  cognati  &  agnati,  they  differ  little  or  nothing  but  in  "c^nm'mmui. 

priority,  where  they  are  competitors.    For  f©  great  is  the  indulgence  of  the  Law  to  ««j»r«j*U»/»- 

the  agnati,  that  in  fome  cafes  they  are  exempted  from  what  the  Son  as  heir  was  bound  "sjntag,  jltril  ilb-6 

to,  as  Tholoffanus  who  is  my  Authority  for  it,  makes  good,  and  therefore  as  God  ap-  «.  u./, «: 

pointed  in  the  27  of Numbers  and  the  1 1  Terfe,  that  the  Father  having  m  brethren,  the  Ji'jr*"^"™™ 

inheritance  Vcas  tt  be  to  the  inheritance  that  Was  next  to  him  of  his  family,  who  was  count-  ««  eomm  nfid». 

tdre/idnum,  a  part,and  the  remaining  part  of  himfelf,  fotjie  Civil  Laws  do  in  cafe  of  Mm  *&*  m*K* 

infancy  or 'incompofure  of  minde  appoint  thecareofthedifabled  perfon  to  his  next  Lorinus'"»  °i"»m 

kinfman,  who  is,  as  it  were,  fui  refidnum  ■,  and  this  being  or  do  juris,  ought  to  be  account-  oigeft.  '<*.».».  j 

ed  anti* ua  folennitas.  *  *6^  Gl  c- 

Et  ratio  hujus  legis  eft,  quia  nuUus  tcnerins ,  farorabiliusve  alert*  infant  em  fataget , 
ejuam  proximus  de  fanguint  ejus. 


proximiom 


This  is  the  reafonof  the  Law  in  cuftody  of  perfons,  as  well  as  in  confervation  of  goods.  ^dfn 
For  as  to  goods  prefcrvation  the  Laws  Civil  commits  the  care  and  power  to  the  next  of  rtimum  *«f«*»r 
kjnn,  becaufe  'twill  be  thought  thej  wit  beft  loef^to  them  that  they  be  ntt  wjfted  whofc  they  T™*t*um'Zti- 
are  to  bs ,  in  cafe  of 'death  or  misfortune  5  fo  the  perfon  none  are  prefumed  more  faith-  »</w<>«  »«/i«» 
fully  to  love  and  keep  then  thofc  that  are  of  their  bloud  and  allyancc,  thisfurely  is  a  Zl'ZTdJf'uS. 
rational  condufion,  which  from  the  beginning  was  as  true  as  true  could  be ;  for  in  the  7i,ll\m"Td?m 
fimpler  and  lefs  fubdolous  ages,  as  there  were  no  vices  fo  frequent  and  prodigious  as  ^fi>f*°"i«'t'r- 
now  there  are,  fo  were  there  no  deceits  of  trufts  occafioncd  by  them  as  now  there  are,  Je"'«.r  Thoioffl  ° 
fuch  being  culpa  vitia,  nan  natura,  This  is  made  good  from  that  fpeech  of  Abraham  hmi%-  Jmis  ''*• 
to  Lot,  Let  there  be  no  difference  between  me  and  thee  ,  and  between  my  herdfmenand  'Jm"('}6'/'  *" 
thy  herd/men,  for  we  are.  brethren.     Abraham  as  I  believe  referring  to  the  Ltw  of  Na- 
ture, which  forbad  depredation  on  friends  and  neighbours,  much  more  on  brethren, 
who  are  one  in  bloud  and  felicitous  fidelity  each  to  other  ■  Yea,  I  am  apt  to  think,  that 
Cain  making  that  reply  to  God,  Am  I  mj  brothers  keeper}  had  fome  felf-accufation  Gm>  4_ 
that  overtook  him  and  impeached  him  to  his  Confcience  of  finning  againft  that  Law  of 
Jove  to  and  of  a  brother,which  the  ftrift  ligament  of  that  relation  implyes.    And  cer- 
tainly thofepaflages  in  Saint  Paul,  Love  the  brotherhood ,  offend  not  thy  brother  for    7^"I<:4: 
"Whom,  Chrifl  died,  caufe  not  the  Veeak\brothtr  toflumble ,  and  tbofe  of  Saint  fohn^ where- 
in he  laics  che  law  of  love  to  the  brothcr,do  all  lay  load  on  this  his  obligation  of  tender- 
ness to  relations  in  the  prefcrvation  of  them  and  theirs  from  injury, 


I  Jefc,  c.  I,   J,  fr 

4. 


TumenUngt aliter  de  impuberum  cuftodia  flatuunt leges  Anglic.  Nam  ibidem,  /» 
hxreditas  qua  tenet ur  in  focagio  defcendat  impuberi  ab  aliquo  agnatorum  fucrum,non 
trit  impubts  illefub  cuflodia  alicujus  agnatorum  ejus,  fed  per  ipjius  cogkates,  videli- 
cet confanguintos  ex  parte  matris,  ipfe  regetur. 

Becaufe  there  was  not  as  I  conceive ,   when  our  Chancellour  wrote ,  any 
villainage  in  England,  nor  any  eftates  held  in  bafe  tenure,  except  copyholds  of  inheri- 
tance be  accounted  fuch   but   much  of  ihc  mesne  flates  in  focage,  that  is,  the 
fervice  tf  the  plough  ,  therefore  our  Chancellour  begn.;  to  (hew  how  the  Children 
of  fuch  being  infants  or  otherwifeuncapable  to  order  chemfelves  and  their  eftates,  c^i   jm, 
are  by  the  Law  cared  for,  to  wit,  the  Lord  of  whom  they  hold  fuch  their  efiates,  does  p.*«. 
grant  over  the  cufiody  of  the  body  of  the  heir  of  the  deceafed  focager,  to  his  next  of  B"fton/'*-»- 
kinn  that  cannot  inherit.     For  all  lands  being  derived  from  the  Crown,  as  the  great  Gian'vii  ut. y.cj 
Tenures  called  Tainlands,  were  in  the  hands  of  the  Nobles  and  Gentry,  who  held   £ "  Jf '/' *? 
them  in  efcuagcor  other  military  tenures,  and  attended  the  King*  in  their  Warrs^  fo  u^i. '!•  t4.'w. 
the  lefler  ones  named  Rcevelands  were  held  in  focage  ■,  And  the  heirs  of  them  when  • 

impuberes,  that  is,  within  fourteen  years  if  male,  or  twelve  if  female,  if  they  be  not  JialyV.'-' '"• 
given  by  will  of  their  father,  or  delivered  by  him  in  his.life  time  to  any  particular  per-  «»w«. 

foh 


+98 


A  Commentary  upon  Fortes  cue. 


i.  1   '.It.  -n  t,ic- 
tlet  At.f.  16, 


P.M. 

ISmntjueun  rim*- 
ittbit  alt^mt  in  cu- 
ftdU  aluHjmi  it 
«*«  litien  ftfnl 
fufftcxt.  ijutd   vt- 
lit  j**s  tUmsre  in 
iff*  btrtdilmlt 
Irafton  lili.  z. 

M7- 

Flcta/it.  I.  c.  9. 
Glativil.  lili.  7. 
c,  II. 


A  friend 
that  is  near, 
is  better  then 
a  brother 


fon  whom  the  Father  felcfts  to  that  truft,   (hall  be  in  the  cuflody  of 'the  prcckin  any 
a  que  le  heretage  ne  poet  defiendre  faith  Littleton.     \ox  the  Law  intending  the  prefer- 
vationand  good  nurtriture  of  the  Child,  commits  it  to  them  that  have  great  intereft 
of  love,  though  none  of  eftatc,  in  cafe  of  the  failer  of  the  Child,  well  knowing,  that 
occafion  often  makes  the  thief,  and  that  many  an  one  had  not  been  fo  bad  as  he  was, 
had  he  not  been  trufted  farther  then  he  ought.  To  prevent  which  danger  of  treachery 
for  advantage  ,  the  Law  concludes,    That  no  hcirfbaU  remain  in  the  cufiody  of  him,  that 
there  is  any  fnfficion  of  his  claime  to  the  heirs  eftate,  which  they  of  the  Mothers  fide  not 
being,  the  commitment  fhall  be  to  the  next  of  kinn  on  the  Mothers  fide ,  to  whom  the 
inheritance  cannot  defcend.     And  our  text  adds  the  reafon,  which  is  the  rcafon  of  all 
ancient  books;    To  commit  the  cuftody  of  a  Child  to  him  that  is  next  to  fucceed  to  the 
inheritance  after  him,  is  to  commit  the  Jbeepetothe  wo// who  is  readier  to  worry  then 
cherifh  it.and  who  fecures  no  further  then  he  may  preferve  it:  from  others  to  make  it 
become  a  prey  for  himfelf.  Now  the  law  in  this  is  not  more  jealous  then  wife.nor  more 
vigilant  then  rational  •,  for  there  no  greater  villanies  have  been  afted  in  the  world 
then  thofe  who  from  hopes  to  gain  by  their  fuccefs  have  been  encouraged  to  ad  them , 
This  is  the  heir  lets  kjl  him  that  the  inheritance  may  be  ours,w&s  the  curfed  combination  of 
the  evil  terre-tenants  in  the  Gofpel  parable,  nor  are  any  afts  oftruculency  more  tran- 
fcendcntly  horrible  then  thofe  that  have  been  afted  by.or  connived  at  by  relations  of 
bloud  and  kindred  ;  Were  not  Cain  and  ^<7brothers,yct  Cain  who  fhould  have  been 
his  brothers  keeper  was  his  butcher  ?  So  Efatt  and  Jacob  were  uterine  brothers,yet  none 
that  is  far  off  more  malicious  againfl:  plain  and  downright  Jacob  then  his  furly  brother  Efau,  The  bre- 
thren of  fofeph  were  fofephs  fellers  to  ftrange  Merchants,  which  was  intentional  murder 
in  them;  becaufe  they  would  have  fofeph  out  of  the  way,  who  was  more  beloved  of 
their  common  father  then  they  were.    And  who  confiders  that  not  only  falfchoods  in 
friendships  but  even  in  brother- hoods  are  frequent,  and  that  it  was  Reuben  who  vitiated 
his  Fathers  Concubines,  and  Abfalom  that  intruded  bis  Fathers  Thronc,and  Amnonihax. 
ftuprated  his  own  Sifter,  and  Zimri  that  flew  his  Matter ,  will  conclude,  that  mens 
enemies  are  tften  thofe  oftbtir  own  honfe;  nor  fhall  men  readilycjr  finde  greater  fallacies, 
and  more  real  mines  from  any  then  from  falfe  Brothers,  and  perfidious  Uncles,  the 
confirmation  of  which  Zuinger  has    collected  in  the  inftances  of  Danata  to  his  bro- 
ther Egiptus ,  Xerxes  to  Mafiftes,    Keratitis  Romanus  to  Cttriatius,  Atila  to  B uda, 
Vitiofa  to  Theefred ,  Gondebald  to  Childeric  ,  Perintu  Fregrofe  to  his  brother  Ni- 
cholas with  many  others,  but  above  all,  the  enmity  of  Zaringenfis  Prince  oiCarinthi* 
to  his  kindred,  is  notable,  which  he  dying  exprefled  by  willing  that  all  his.  plate,  jewels, 
and  utenftls  of  worth  might  be  gathered  together  to  prtviiee  his  Kindred  to  fight,  and  flay 
one  another  about  the  obtaining  of  it,  to  which  fofephus  adds  theftory  of  Ptclomj  Gover- 
nour  of  Jericho,  who  that  he  might  reign.flcw  his  brother-in-law  with  his  two  fons; 
I  could  inftanccin  many  more,  but  none  of  them  are  more  pregnant  to  confirm  the 
rational  and  prudent  feverity  of  our  Law  in  committing  the  cuflody  of  hcires  to  thofe 
that  after  them  cannot  inherit,  then  the  examples  of  perfidie,    that  firft  occafioned 
the  Law  fo  to  be  •,  for  undoubtedly  there  were  prefidents  of  this  mifchief  before  this 
remedy  of  it  was  found  out  and  prefcribed,  fince  ex  malts  moribus  bona  leges  nafcun- 
tttr,  and  the  Law  willing  to  provide  fafcty  for  thofe  that  cannot  provide  for  themfelves, 
nor  ought  to  be  facrifices  to  their  keepers  voracity,  eftablifhed  this  prudent  referve,  to 
prevent  that  effect  of  ambition  and  covetoufnefs  which  ends  in  murther  of  innocence 
and  intrufion  into  their  rights,  witnefs  that  bloudy  Richard  the  third,  whom  ,  Sir 
Thomas  Moor  anatomizes  to  be  verfipeUis ,    iracundtts  ,  invidns ,  fempercfue  etiam 
ante  partum  pravrts,  Tlrii  tjnele,  "toko  could  be  light  and  grave,  pen five  and  pleafant , 
rageful  and  milde,  religious  and prophane,  as  he  f aw  hit  projects  Were  brft  accomodated 
by  his  ambidextrallity,  This  monfter  of  Guardians,  whofe  very  exfecation  from  his 
Mothers  belly  portended  that  fomewhat  he  would  prodigioufly  aft  in  his  life.     This , 
This  crafty  and  bloudy  Uncle  cogs  his  two  Nephews  into  his  cuflody,  as  one  that  had 
a  parents  love  for  them,  when  God  knows  he  all  the  while  intended  their  murcher  and 
lis  own  enthronization,  which,  though  the  mother  of  thofe  royal  babes  forefaw ,  and 
did  as  much  as  a  prudent  forefight,  and  a  motherly  affeftion  could  do  to  prevent ,  yet 
was  not  prevalent  to  effeft  it ;  but  the  Prottftour  (  for  fo  the  Uncle  was )  firft  got 
pofleffion  of  them,  then  fla  yes  them,  then  fecurcs  all  their  loyal  friends,  from  whom 

he 


Ttyltlr.  vif  h»- 
mtnt  f.  \6+6. 


Idem  p.  1174. 

Jolephus  Antiq 
U.  15. ».  1  j. 


In  Hift.  \i. 
Imfrtf.  Lovanii. 


Stve  id  infeitia 
fudum  five  fait  . 
Agnus  cent  ettiful- 
it  in   lnjii  fidem 
credhui  f/J,  Idem 
f.V>%. 


A  Commentary  upon  Fortes  cue.  ^.pp 

he  dreaded  trouble,  and  at  laft  afcends  the  Throne  ^  Which  nefarious  fatf  ratifies  the 
rcafon  of  the  Law,  to  commit  the  heir  to  none  that  by  the  mifcariage  of  it  can  pofiibly 
inherit,  bat  to  the  next  kindred  of  the  contrary  fide,  who  may  beprefumed  tohave 
affedion  enough  to  perform  a  truft,  and  not  any  temptation  from  advantage  arifing 
to  him  to  forfeit  and  betray  it. 

Sedfi  hireditas  iianonin focagio,  fedteneatw  per  fervitinm  militare,  tunc  per  leges 
terra  Ulius,  infant  ipfe  &  hareditas  ejus  ,  non  per  agnatos  neeuc  per  cognatos,  fed 
per  dominant  feodi  iUihscuflodientnr ,  ejuoufqneipfc  fuerit  Matis  viginti  &  unius 
annorum. 

This  is  added  to  fbew,  that  as  there  are  men  of  arts  and  arms  in  every  Nation ,  fo 
there  are  tenures  and  fcrvices  by  which  thefc  men  hold  lands  in  order  to  peace  and 
warr,  arts  and  arms^  having  therefore  in  the  former  claufe  declared,  how  the  infants 
of  focagers,  which  are  men  of  the  plough  and  plain,  arc  fecured  during  their  minori- 
ty, he  proceeds  to  evidence,  how  the  infants  of  the  more  noble  Tenurers,who  hold  by 
military  fervice  are  provided  for,  and  thofe  he  fayes  are  to  be  kept  by  the  Lords  of 
the  fees,  of  whom  they  hold  their  eftates,  and  to  wbofeperfons  they  in  warr,  whena- 
Ue^re  to  do  fervice. 

Per  fervitium  militare  ~]  Here  the  Chancellonr  paflesover  lands  held  by  Homage 
Anceftrel,  becaufe,  though  the  cuflody  is  the  fame  with  thofe  in  Efcuage  and  Serje- 
antry,  which  are  the  military  fervices  here,  yet  perhaps  there  was  at  the  time  of  our 
Ghancellours  writing  little  land  held  by  Homage  Anceftrel,  both  Lords  and  Tenants 
altering  and  changing,  and  the  land  not  continuing  in  the  bloud  of  Lords  and  Tenants 
as  bv  the  precife  nature  and  rule  of  that  tenure  ought.  And  thereupon  the  Chancel.  *&"£'*  'ft*'* 
lour  takes  notice  onely  offuch  tenures  as  were  in  being,  concerning  the  cuftody  of  the  »«>•,  Braflon  S.' 
infants  of  which,  is  moft  pertinent  to  his  purpofe,  and  thofe  are  Efcuage  and  Grand-  *■  f;  .**  A*'4*'- 


writ  of  Sir  William  Merle,  Chief  JufticetoE.  3.   the  words  are,  This  our  (Indent  '<n«t*r.lib"i.c.n, 

fiaS  ebferve  that  the  knowledge  of  the  Law  is  like  a  deep  well,  out  of  which  every  man  ^ittleton/iff- 

Jraweth  according  to  the  fire  ngth  of  his  underfianding,  He  that  reacbeth  deepeft,  he  feeth  c»ok/.».  e.i. 

the  amiable  and  admirable  fecrets  of 'the  Law ',  Thus  he,  which  truely  I    think  he  him-  P-6*-69-        ■ 

felfmade  good  in  his  Commentary  on  the  95  fed.  of  Littleton,  therefore  to  him  I  fme'ofVarfi 

ftiall  referr  the  Reader,  and  to  the  .tor.  of  9  H.  J.  c.  27.  28.  E.  1.  17.  E.  2.  c.  2.  ■M«l*fi. 

a  Jnflit.  p.  44.    To  thtie  wilitariaftriiua  then  as  attendances  on  the  Kirg  in  his  wars, 

the  Text  fayei,  the  heir  of  the  tenants  fhall  be  committed  domino  feodi  ]  till  he  be  21 

years  old,  which  is  the  age  of  livery  and  manhood,  or  full  agc,fo  9.  H.  3.  c.  4.  52,//. 

3.r.  6.  3.  E.  i.e.  21,  22,47.  13.iT.  i.e.  7.  14.  E.  %.c.  13.  dircdt,  and  fo  has  been 

the  Law  I  think  till  of  late  the  Court  of  Wards,  and  all  the  priviledges  and  effects  of  it 

was  by  our  now  gracious  Sovereign  taken  fa)  away, fo  1  hat  now  all  the  military  tenures  (*)  Jt,tu,e  °* 

as  to  marriage  and  relief  are  void;  and  the  cuftody  now  I  fuppofe  is  to  follow  the  "'    ",2,',2f' 

courfe  of  focage  tenures  proximis  de  etrum  fangttine  ~\  unlefs  the  anceflour  ftiall  other. 

wife  will  or  deliver  in  his  life  time  his  heir  to  any  perfon  he  has  a  great  truft  in ;  for 

then  I  think,  the  Lord  of  the  fee  upon  petition  is  to  grant  it  to  that  perfon,  none  being 

more  prudeVit,  in  rhe  preemption  of  reafon,  to  judge  of  the  fitnefs  of  a  Guardian  for 

n  childe,  then  the  father  of  the  childe.  And  thus  waidfhip=,wh;chMr.  St  Ide n  fayeg,wcrc 

before  the  Conqueft,  or  at  leaft  contemporary  with  it,  as  appears  by  the  authority  he  ? 

quotes  againft  Higdens  fuppofed  contrary  aflertion,  determine,  notwithftanding  they  *"'""  f*  H' 

were  inftituted  at  clicntes  perpetna  patronerum  profeftione  defenierentur,  ac  vicijfm  cos  Titles  ^onous 

«mmebfeqn:oco/erent,a%  OldendorpimtCraig,Cnjacius,ina  all  the  feudifts  agree,  and  P-69l-69l- 

hereupon  though  I  might  take  occafion  to  pafs  over  this  Chapter  ,  becaufe  the  Law 

and  ufegein  it  is  by  the  l-tte  Aft  of  Parliament  in  a  great  meafure,  if  not  wholly  obfo» 

leted,  yet  I  ftiall  (hortly  defcant  on  it,  becaufe  fomewhatnot  unworthy  the  Readers 

entertainment  may  perhaps  be  culled  from  it.' 


Cic.  I.  Ditn- 
vtnt.  5. 

//•/•mScipionem 
accipimui  »o»  m- 
fanttm  f*iffi  Cic. 
dtttam.  Utat.lt. 
Ennead  i.tib.6. 
7.5a. 


T^nnixem  txctlfi  iugtnii  virum  firdtda 
dlltUaiu  Cf  humtlia,  n.lfn*r»m  Tirnm  fpl- 
tta  ad  ft  v-jcai  &•  txtotlit,  nifier  animus 
»  mux  ill,  n  mibilur  e>  aSmfiir.  qui 
vihtmiuiar  /Wit.     Sencc.  Ef.  }y. 

Difpcxit  ilium,  auid  mm  Itllicifus  vir. 
<*r  pugnu  affuitut  ;  nam  strntbat  ilium 
ptvtntm  rubicunium  er  pulihn  afprlfu, 
aualtt  martialu  homines  iffe  non  ftlem, 
mull  radii  fllartl  &  afudua  dtfatigaui 
Ittfirma  tedium.  Claims  m  1  Sam.  17. 
v.  ||. 

ThmanaMiliii*  mis  fmt  fubem  prime 
txercert  armn.  nam  dttimi  ftxti  anna 
milrrobant,  tjiti  etiam  foil  fub  cvfiedibul 
agtbant.  Seivius  in  5  v£neii. 

Turnebus  Advcrf.  lib.  16.  taf.  ti.  p. 
»I4. 


5©6  J  Commentary  upon  Fortiscui. 

Thoioir  symig.  Jilttis  futat  Infantem  talem."]  Therefore  the  Law  committed  the  Heir  tocuflody, 
ai "ff  5?  "  '  becaufe  he  was  infant,  a  ftate  of  helplcfsnefs,  ab  In,  s*pn7iic£,  &  fando,  one  unable  to 
Breciuusci-Fot-  tell  its  own  wants,  >or'  judge  whac  is  good  for  its  felf.  This  is  not  onely  tempus  cum 
n" \"d,LZfrb'fc  f*ri}Dfflti  which  is  about  the  feventh  year,  but  alfo  by  our  Lawes  to  s  greater  pro- 
portion, and  that  not  in  inheritances  onely,  but  in  other  cafes ;  therefore  Infantes  and 
Infipientet  are  ranked  together  and  oppofed  magnis  &  difertis  virit,  and  Infant  in  the 
Orator  is  taken  pre  nonfaenndo,  Orafionit  facultate  deflituto  :  confederation  then  being 
had  to  Infancy  as  'Auttpii,  limpvxii,  &c.  /4fy*deef  inform  thing  capable  to  take  what- 
ever art  and  ufe  impreffes  tn  it  and  fits  it  tt>,  as  plottnus  his  words  are,  there  was  good 
rcafon  that  infans  talis,  who  was  ratiom  tenura  to  do  military  fer vice,  fhould  be  edu- 
cated in  aclibhs  beSicis  ]  Indeed  naturally  in  mafculine  children  there  is  an  inclina- 
tion to  manly  things,  which  is  thereafon  that  whereas  females  de- 
light in  babyes,  clouts,  and  futh  like  toyes,  boyes  arc  pleafed  with 
Drumms  and  Daggers,  Swords  and  pikes,  with  Tops  and  Balls,  with 
running  and  fwiniming,all  manly  exercifes,  yea  and  the  horfe  youths 
mighty  ly  delight  in  ■,  now  if  this  proclivity  be  farthered  by  cuftomc 
and  education,  it  by  the  affaefcency  to,  caufes  a  delight  in  and  an  at- 
tainment of  the  skill  of  it  to  perfection  For  Souldicrs  are  not  expect- 
ed to  be  neat  and  clear-skin'd,  but  robuft  and  hardy,  fach  as  are 
harrafTed  and  adufted  by  continual  hardfliips  •  which  David  not  be- 
ing, but  feeming  to  Goliah  to  be  a  youth  tenderly  and  delicately  to 
be  brought  up,  was  contemned  by  him  :  to  prevent  which  the  Ro- 
mans took  a  care  to  educate  their  fuberes  martially,  and  to  place 
them  under  Tutours  to  be  difciplined  accordingly,  which  Serviut 
and  Turmbus  fpecially  remember  us  of,  fo  did  the  Germans,  and  fo 
did  we  ever ;  which  becaufe  the  Gentry  were  beft  able  to  inflruft 
men  in,  as  being  men  not  onely  gladio  ciutti,  but  gladio  ^^'//.there- 
fore had  they  the  education  of  their  young  Tenants,  asthofe  that  could  and  wobld 
me/ins  infiruere  ees  ]  becaufe  as  they  were  hardy,  valiant,  and  loyal,  fo  were  their 
Lords  whom  they  attended  in  warr  better  defended,  and  brought  off  with  honour  and 
fafety.  Which  brings  to  my  memory  that  ftory  of  the  Lord  Andltj's  four  Efquires,who 
attending  their  Lord  in  the  black  Prince  his  Warrs  in  France,  were  rewarded  with  the 
400.  Mark  a  yearr  which  the  Blao\  Prince  rewarded  the  Lord  Audley  with,  and  that 
with  this  further  teflimony  from  him,  That  they  having  right-valiantly  defended  him, 
deferved,  what  he  had  prefented  him,  to  have  given  them. 

Et  qui  majoris  potent  ia  &  htnoris  aftimathr.  ~]  This  is  written  to  fliew  that  the  I  aw 
judged  the  Lord  meeteft  to  have  the  cuftody  and  education  of  his  fervants,  whomuft 
when  he  is  able  perfonally  attend  him,  becaufe  his  Lord  belt  knows  how  to  breed  him, 
and  is  probable  leaft  to  injure  him  •,  for  his  Lord  having  a  great  cftatc  has  not  the  tem- 
ptation thereto,  as  in  a  minster  fortune  is  more  urgent  :  yet  this  rule  is  not  fo  general 
but  there  are  many  flawes  to  be  found  in  it,  and  fo  notorious  have  the  abufes  of  Ward- 
fhips  and  Marriages  been,  that  our  Gracious  King,  as  I  faid  before,  has  quitted  them 
by  an  Aft  of  iz.  c.  24. 

Et  quid  utilins  eft  infanti,  qui  vitam  &  omnia  Jua  periculit  beSicis  expenet,  amm  in 
militia,    arcttbusane  bellicis  imbui. 

'Tis  true  there  is  nothing  more  profitable  andeffcatitut,  for  fo  the 
5.  t<>.*.».  1383.  irUb.%.  learned  explain  and  joy  n  them,  thenfor  any  childe  to  be  trained  up 
in  his  youth  to  that  which  in  manhood  hemuft  praftife  ■  for  that  be- 
ing facile  and  habitual  to  him,  caufes  with  his  delight,  an  acquire. 
roent  of  excellency  in  it.  Hence  proceeds  that  which  Seneca  fayea 
of  the  Epiraans,  tvhofe  difcipline  made  thtm  virtuous  by  a\  fregufimr 
tion  and  fereccnttmplatien  of  the  pleafme  ef  it,  for  when  they  in- 
tend their  mindeson  Warr,  They  i»%  as  Cleoutbesfkya,  famyvi- 
ttory  in  all  the  anguine  ft  tf  it  coming  Uwardstkem.  and  dij 'card  fear , 
at  beneath  the  affirathn  of  their  courage  and  tenftamj,  mud  fedate 

and 


j»igeftvM. 

til.  6. p.  JO5O. 


tff.ao.t&.T>.  ijo8. 

tgregmm  vimuii  afui  vi  tfiicwm  if, 
vtluptaltl  pr*gufiar..\\b.     lit  biota  vita. 

lubibat  m  qui  aniithant  piBam'in  Ta- 
bula voluftatim  fulcherrtmi  viftitu  &  it- 
naiu  rigali  in  fihi  fedtnttm,  Sec.  Cic.  a. 
DtFinihn,   Di  Clcaaihc. 


A  Commentary  upon  For  tes  cue, 


501 


(a)  Ethic. 


c.  1. 


and  exterminate  tho  ft  pelts  of  youth  (  vxl*,  d^.tna.,  3*p/ow,  &'c.  j 
vice,  unfetlednefs,'  wildenefs,  which  arc  in  the  (a)  Philofophsrs  opi- 
nion, the  marrs  and  cancres  of  all  their  hoped  for  improvement  -,  for, 
(ince  joi-th  is  the  time  tfdefire,  and  is  fpent  mcft  an  end  in  travel  and 
enervation,  what  is  then  trcafured  up,  grows  dear  and  natural  to 
men  ;    for  the  Fhilofopher  obferves  well,  that  Experience  makes  wif- 
dom,  which  youth  wanting  (for  ^53©-  n  xt'n*  win*"  T^"  «f«*«- 
T Uv,  as  his  words  are  )  ufc  teaching  perfection,  and  ufe  being  learn- 
ed by  time  to  accuftome  achilde  to  manly  things,  is  the  onely  way  to 
make  him  manly  when  a  man.     And  this,  had  it  been  more  the  me- 
thod of  thofc  to  whom  Wards  were  granted,  that  they  had  done  as 
they  oughc,  ( brought  up  young  Wards  to  Heroique  and  Brave 
Sports,  and  Feats  of  Arms,  by  which  their  mindes  employed,  would 
have  been  more  fixed  on  manly  things,  andmoreaverfc  to  vice  and 
effeminacies,  which  are  the  Hell  of  youth, and  difarray  them  of  all 
hopes  of  nature  perfection)  there  would  never  hive  beenfuch  a 
Party  in  the  Nation,  and  thofe  of  the  Gentry,  againft  Wardfhips, 
but  itill  they  might  have  continued ;    but  when  favourites  coveted 
them,  not  to  breed  them  up  bravely  and  martially,  and  to  make 
them  as  Arminius  in  Faterculus,  Nth  It  in  minde,  valiant  in  per/en, 
quick,  in  attion,  prompt  in  dejign,  but  to  get  their  eftates,  and  marry 
their  perfons  to  their  difparagement,  or  at  leaft  contrary  to  their  fancies  and  delights, 
what  could  be  more  the  abufe  of  a  brtve  inftitHtion  then  this  was  ?    For  though  I  know 
there  is  nothing  but  is  abufable,  and  if  abufes  in  things  (hould  alwayes  occafion  the  a- 
motion  of  them,  nothing,  though  never  fogood,  would  continue,  as  Gaffwdus  has  r.«.  5.  of*,  lib 
learnedly  obferved  in  the  life  of  Epicurus :  yet  I  cannot  but  confefs,  abufe  in  this,  which  *• c-  * 
fo  often  ruined  noble  youth  both  fortunarily  and  perfonally,  is  upon  occafion  juft  e- 
rsough  punifhed  by  determination. 

* 
Et  revera  non  minimt  trit  Regno  accemmtdum,    ut    inctU  tjus  fint  in  armis 
txperti. 


'Ol    titt  7*  ti^D  Clffl  ^3rStf,lMi77- 

m,  lilt.  1.  Rhetoric,  c .  1 2. 

6  Ethic,  c.  io. 

vti,  ti  A  tun  \^">j(y77f    lib.  2. 
Rhetor,  c .  1 2. 

Alcxus  *$■  ylnlTcus  Tfcude- Epicttrai 
"Roma  pH'fi,  timi  ejteni  tHrpium  vtlnpta. 
mm  adulefieimliHi  batons,  Alian.  liii.  9. 
c.  alt 

Gaflendus  lit,  3.  V.  4.  De  vita  f  m- 
nhu  Epicnri.  Tarn.  5 .  Oper. 

Ittvinis  jencremtulis.  manu  flrtis.  fen. 
fu  tiler,  ultra  Ttarlarnm  primpim  ingenit. 
Faterculus  Hifi.lik.z.p.yz.  jEdit.Lip- 
111. 


c.  5.  Devil* 
Epicnri. 


This  is  not  to  be  denyed,  the  Common  Lawes  enj'oyn  this :  for  in 
the  Confeffor's  Lawes  'tis  thus  faid,  All  fret  men  tught  to  have 
Armi  accerding  to  their  condition  and  tenure,  and  to  keep  them  alwayes 
in  Kdter  and  ready  to  defend  their  King  and  his  Kingdom  at  the  {tv 
vice  of  the  Lords,  to  whom  they  art  to  attend  in  the  Warrs,  when  the 
King  fljall  fummm  them,     and  fo  in  the  Lawes  of  the  Conquerour 
'tis  laid,  tvtttutland  tflablifi,  That  every  Earl,   Baron,  Knight, 
Ef quirt,  and  all  ether  Freemen  of  our  Kingdom,  have  and  keep  in 
rtadyntfs  thtir  Horftsand  Arms,  as  becomes  their  quality  and  degrtt ; 
and  that  they  be  alwayes  ready  t»  fervt  ns  whenever  our  ntteffitits  Jball 
fut  us  upon  commanding  th  ir  ajpftanct  and  ftrvice  :    fo  have  later 
Statutes  declared  and  enjoyned, '  viz.  7  E.  1 . 1 3 .  E.  1 .  c.  6.   1  E. 
3.C.6.  And  the  caftom  of  the  Nation  to  train  the  free-holders  and  them  to  difcipline 
declares  it,  that  it  has  ever  been  held  accommodum  Regno,  that  the  Incolt  Regni  fhould 
be  in  Armis  experti.']  And  thus  they  ever  have  been,  and  ever  I  hope  will  be  to  de- 
fend their  King  ancthii  Lawes,  which  they  will  bofdlyelt  and  baft  doe,  when  they  do  not  Gaflend  r»w.3 
fight  at  random  and  in  confufion,  but  according  to  method ;    for  that  it  true  Philofo*  '■*•'•  Exm"' 
phy  which  our  Text  here  quotes,  gnilibct  facit  audatlir,  quod  ft  fcin  ipft  non  dtf-  rT*rtd"""'m- 
fidie,  which  though  fome  practices  confute,  yet  the  rule  in  the  main  abides    and  fo  the 
Chancellour  concludes  this  Chapter. 


Deient  enim  Hniyerp  libtri  homines,  &C> 
flcundHm  feudum  fimm  <jr  (eemd»m  ti, 
nementa  fua  am*  hahere,  &■  iUa  femper 
prtmpt*  anfervare  ad  mititnem  1\egni  fr 
fervttitmi  Otmmtrum  fmrtnm  jmxta  pra- 
evium Dtmtni  IgU  explendam  &■  per. 
a^md»m.  Lambard.  p.  135.  E  Saxotii. 
Statuimus  rj-  firmiter  pratipimm,  ut 
timet  C'miln  ir  'Banna  fr  Militit  (x 
Sirvitniti  &  miiytr/i  littri  btmims  iciint 
ttgtii  tuftri  pradiffi,  hateant  &  tenant  ft 
femper  in  armis  fr  in  eijmi,  ut  decet  ei- 
tptrta.  &c  'inter  •Lege,  Will.  1.  Edit. 
Twifd. 


F  ff  f 


CHAP.  XLV. 


5oi  i  Commentary  upon  Fortescue. 


H 


CHAP.  XLV. 
Princeps  ~]  Immo  Canccllarie  Legem  hanc,  &c. 

Ere  the  Chanccllour  obtains  from  the  perfonated  Prince,  a  conceflion  in  behalf  of 
the  Laws  of  England,  that  they  do  wifely  provide  for  the  care  and  cuftody  of 
Lege  Theodore-    Orphans  and  their  fortunes,  and  efpccially  of  that  nobilium  progenies  whom  he  terms 
^dlrw'dZ'  fo  Provided  for,  that  de  facili  degenerari  nonpettfl.  Now  though  the  prime  and  erfica- 
Tm.  4.  Ofentm '  cious  pretention  of  degeneration.is  the  merciful  ad  of  omnipotence,  wch  onely  can  put 
bounds  to  natures  infolence,  and  wch  alone  can  ftiore  up  its  declcnfion  from  its  central 
reftitudei  yet  wife  and  wary  lawes  are  great  helps  and  advantages  thereto,  not  onely  as 
they  difcover  the  turpitudes  of  ftraying  from  the  good  old  way,but  as  they  puniih  fuch 
ftrayings  with  disfavour  &  terrour.  Therefore  the  law  &  cuflome  of  E*gland,looks  up- 
on the  nobilium  progenies, as  the  young  nobility ,not  only  in  the  fenfr 
Seneca  writes  of,   A  brave  minde  becomes  every  onesand  by  this  wi  are 
all  noble, the  minde  makes  the  Nobleman,by  which  a  virtuous  foul  via  be 
great  inmeannefs,  And  free  inrefirAint  and  bondage ;   but  as  they  are 
fucceflbursofthe  Peerage  of  England,  and  fo  prefurned  to  be  ad 
virtutem  bene  a  natura  compofiti.  Thefe  that  have  from  the  exam- 
ples of  their  anceftours,  and  the  rewards  thereof,  fuch  excitations 
cannot  but  be  roufed  up  to  great  aftions ,  at  leaft,  non  facile  dege- 
nerari  poffunt -,  for  degeneration  is  a  generedecedere,   to  become 
mungrel  and  rafcal  •,  and  as  there  is  n»  vaIuc  to  be  mAde  of  excrements 
and  deformity,  according  to  that  rule  of  Gajus,  ( a  )  fo  is  there  no 
honour  due  upon  any  account  to  degeneration  qua  fuch,  and  there- 
fore, as  the  Countrey-manis  faid  to  degenerate,  who  doth  deponerc 
rAfirA  ut  fcquetnr  cafira,  and  the  childe  to  degenerate, "token  accord* 
ing  to  Servius  (b)  he  doth  not  AppeAr  like  to,  and  worthy  of  his  parents 
fo  is  the  Nobleman  faid  to  degenerate,  when  he  does  not  take  in  no- 
ble principles,  and  evidence  them  in  noble  practices   Hence  is  it  that 
all  defefts  from  notable  originals  propofed,  after  which  generous 
copies  fhould  be  taken,  are  termed degener  Atien<.  Statins tells  us 
of  dtgener  Alt  a  virtutis  pat  rum,  and  Tacitus  of  inJidU  degener  es, 
and  Pliny   of  degener  humani  ritus  ,  and  degener  are  in  feritatem  , 
Vnitlmnt'itl'ir  in^  Tttlly  of  degener  are  a  gravitate  paterna,  a  perennicenfiitutaque  virtute  morum,  d 
senec.Agiinem.  feitu  vcl  Dottore  aliquo  degenerure.  All  which  confirm,  that  where  fo  notable  helps  to 
5' ' J  virtue  are,to  accept  and  improve  them  is  nonfAcile  degener  art  poteft  nobilium  progenies.  ] 

Sedprobitate  potius,  ftrenuitate,  &  morum  honefiate  Antecejfores  fuos  ipfa  tranfeeudtt, 

Of  Probity,  fee  the  notes  on  the  two  and  twentieth  Chapter,  to  which  I  add  (*)  fi- 
cinus  bis  note,  That  Probity  conftfts  in  likenefs  to  Cod  the  onely  rule 
of  excellency,  and  in  conforming  the  life  to  that  intellect  that  he  has  en~ 
dewed  man  With,  as  the  conduct  of  him  in  all  his  Worthy  and  wife  afii- 
ons,  which  God  onely  wil  regard  and  accept ;  for this,  Hi e,  that  is,  one 
fimple  beeing,  Utlej  upon,  as  a  fincere  Act  ef  the  intellect,  leading  to  a 
plain  and  Uncompounded  allion  of  virtue  and  integrity,  which  being  de- 
ligbtful  to  God,towhofc  furc  nature  it  is  A  prefent,  he  regards  with 
approbation  and  credit  with  men,  in  regard  of  which  'tis  termed  probi- 
ty-] which  is  fuch  a  tindure  of  the  whole  man  with  goodnefs,  that  it  will 
ftirr  a  man  up  to  doe,  as  Prtbns  is  reported  to  doe,  excellent  things  with  pleafurc 


Tltna  mm  tmaibui  patet ,  omnes  odhecfu- 
mm  nebilei,  animui  fucit  nebitem,  euitx 
epaacuntfte  ctndititne  fupra  fertunam  licit 
f»rgerc.  Seneca  Ep.  44, 


Ntmintm  defpexeris.  nUmfi  circa  ilium  eb- 
filetafuntntmina,  &  parnmindulgente  ad- 
put  firtuna,  five  libertini  apud  VI  baien- 
tur five fervifive  eaterarum  gentium  homi. 
nu.  Ei,  rr  ardacrer  animt ,  <$.  amcauid  in 
medufrdidt  facet,  tran/ilite:  exfpeflat  vi  in 
fumrna  magna  nebititai.  Lib.  3.  de  benefic. 

(a)  Cicairimm  out  defirmitatii  nulla  fir 
aftimaii,  l,b.  6.  ad  SdtU.  Pnnmc,  e.  7# 

Digeft.  lib.  9.  tit.  3  it  nexalibtn  sSitmhu 
p.  iop8. 

(bj  Degener  eft  auipatrii  vel  majurum  fa- 
rum  mirtbm  nm  rcfpiudit,  in  1  Aneid. 
Juvenupatrinnen  degener  em    Ovid.  X  de 
Tent:     , 

Cl'c.  lib.  de  Trtvid. 
En  Flacco.   Cic.  1  Divinat. 


(*)  lUum  ejfe  pracipue  prelum  in  ,,,„  vim 
wtapnationii  ratienn^xe  prerfut  intelleBie 
fvrmata  pint,  adet  ut  ma  vita  ficundum 
inteltigentiam peragatur,  uh  nun  vtlapraeft 
Damm  aliauu,  fid  ipfi  Deui,  fr' folic  el 
dii'itjm  :nrdctiui,  turn  tnteUellnalit  unitat 
puijHntCitigefia  iiuafi  aunga  caput  ire. 
In  3  ErnMd.  Hot.  /it.  4.  t.  j.  p.  282. 


A  Commentary  upon  Fortescue* 


5b 


and  deli'ht,  as  he  is  faid  to  build  70  Cities  and  difpofe  of  the  Empire 
wifely, that  little  time  he  reigned,which  was  bat  7  years, and  therefore  t$ 
be  favoured  of  the  Gods, whom  though  theyfufered  to  be  affliQcdjet  they 
ftfarfucconred  that  thij  made  all  his  Traytors  miferable.  So  that  this 
Probity,  is  that  ballaft  and  temper  of  the  minde,  which  keeps  a  man 
from  evil,  by  a  propitioufnefs  of  mediocrity,  which  it  infinuate* , 
and  thereby  guards  from  all  engagement  in,  or  purfuit  of  unreafo- 
nable  and  licentious  things,  which  Seneca  calls  a  fempitemal  hap- 
pinefs,  and  a  tranfition  of  life  without  any  fnarle  or  difcompofure,  fo 
that  a  man  knows  not  what  the  black,&  pajjionate  miferj  of  nature  and 
life  means.O  'tis  a  rare  attainment  to  be  thus  adorn'd,  the  merchan' 
dtfe  of  this  virtue  is  better  then  the  merchandife  of  gold  ;  for  it  makes 
v$a(li\enenmalitia,  iedvirtutis  impulfu  &  imperio,  and  fwayes 
us  to  follow  what  is  good  purely  for  that  goods  [alee  which  is  an  am- 
ple Theatre  to  it  felf,  and  afuffcient  reward  to  its  prailicer.  Which, 
though  debauched  mindes,  as  Afefalina's  was,  think  folly  and  mad- 
nefc  of  pulillity  of  fpirit-  yet  will  be  honourably  monumental  to  its 
patrons  and  clients.when  their  turpitude  will  render  them  infamous. 
Therefore  Nume'rianus  though  but  a  fcholemafter  by  profcflion,yec 
fent  by  <S,fi/rr».r,Gcneral  into  jFr<j»rr,deferved,  and  obtained  great 
honour  from  Severus  -,  for  he  did  not  onely  £«oJf«ts-*,  fending  the 
Emperour  great  fums  of  money ,but  alfo  did  like  a  juft  and  awor- 
thy  fervant,imparthoneft  and  prudent  counfel  to  him,  and  when  his 
Jl/f after  would  have  given  him  ample  honours,  herefu/ed  them,  and 
betookhimfelf  to  a  mean  country  domic il ,  and  fmal pittance,  which 
Severus  day  bj  daj  allowed  him.  Here's  probity  tuitive  of  innocence, 
vick  will  make  a  man  not  only  not  covet  great  things  for  himfelf.  with 
the  injury  of  others,  but  perform  all  his  aftions  »'»  afpero&  probo 
as  I  may  fo  fay,  that  is,  fpotlefly  and  without  blemifh,  pay  the  age 
and  time  a  man  lives  in,  the  debt  of  his  parts  and  talents  which  God 
has  lent  bim  to  ferve  his  glory  and  their  good  with,  c*  Awpioij  k<&- 
xfiityinafpcrs,  not  in  reviles,   but  in  currant  and  beautious  coyn  , 
not  oneiy  in  that  which  is  intrinfiqucly  valuable,  but  that  alfo 
which  is  outwardly  grateful,    probato  tpere  &  apprebato,  that  is,  re- 
Qe  &  probe  confttmmatum  fe  prabere,  as  Sudaus  appofitely  out  of 
Tullyr  So  that  by  probitate,  Our  Text  means,  a  rectitude  of  in- 
clinauon.difpofing  a  man  to  do  every  thing  fquarely  and  above- 
board  as  if  all  the  eyes  of  Men  and  Angels  were  upon  him. 


*A  oKois  ivtMnmli  'fifi*,  d)  wcM* 
■rnvv  aaiffjitaif  iuuv'o/wiow-  Ju" 

liani  Aug.  Caefaiius  in  Pro- 
bo. Edit  Cantoclari  Tom.  3. 
Rom.  Aug.  fcripr..  Grate,  mi- 
nor urn  p.  837". 

Semper  efie  fdicem,  &  fine 
morfu  animi  velle  tranfire  vi- 
tam,  ignorare  eft  rerum  nattt- 
ra  alteram  partem.  4.  de  Pro- 
videntia. 

Honiftum  propter  nullum  alUm  ctufet* 
qttam  propter  *[»m  fejumur .  Sciicca  4  Be- 
nefic.c.  j>. 

yHU/Vi  $  K,  •»  elxiWI©-  i»  ™J 
■naha-TiCj)  cwth  it  c**SiC»T<S  >£ 
t«.(  «t  Wvat  -m*  wpffl7u«  c*ttSi£eK. 
Dion  CafT.    lib.6o.  p.0%6. 

ejuiitf lv,  ip  nutfetv  KA[J.^tt.vn* 
*up'  iw?  eTt  €\tot  Idem  in  Sc- 
verop.  851. 

'Aarpf£«r,  idem  qxod  ii  mkoI- 
viSie,  Lipfius/*  19.  Epift.  Se- 
ver. 

In  Pandcft.  reliq.p.  »34«  -E- 
dit.  Vafcof. 

Eft  enim  approbare,  effeere  tit 
probum,niiumque  judiceturjd 
quod  tjuisfacit  vel  dtcit,  Cic.  in 
Verrem. 


Strenuitate  ]  This  points  out  to  that  fpecifiquc  endowment  which  God  gives  vir- 
tue,  Boldnefs  and  undatintednefs  in  purfuit  of  that  Vtbichtt good,  and  this  feemes  to   be 
the  native   honour  of  every  thing  that's  Englifh,  that  it  it  is  not  difcouraged  by  re- 
pulfes  ,  but  perfues  its  end  ,  aut  vincere  am  mori.     For,  as  our  horfes  will   not  faint 
at  a  tug,  bat  draw  many  and  many  repeated  pulls  at  a  living  tree,  which  they  cannot 
fth\  and  loofe  their  eyes  rather  then  difcover  coole  mettle,  and  our  dogs  are  fo  bold 
and  braving,  that  they  will  fatten  upon  a  Lyononce  and  again,  and  never  be  drawn 
of  but  by  violence,  nor  yet  eafily  by  that^,  but  will  come  onafrefb,  as  often  as  they 
areletloofe,  witnefs  that  dog  of  the  Lord  Bnclthurfts,  who,  before  the  Frenc  h  King 
in  on«  day,  alone,  without  any  help,  firlt  pulled  down  a  huge  Bear  ,  thenaPard, 
and  laft    of  all  a  Lyon:    fo   our  fouldiers  are    no   viri  cervihi ,   but   flre- 
nuous  and  dtring  beyond  any  others.     Fortijftmi  viri  &  milites  ftrenaiffimi  is  Pli- 
nies  words  are,  not  onely  ftrenuons,  Asftrenuus  is  accompanied  with  actr  and  iirtu  >' 
but  as  it  is  explayned  by  ciV*  and  «/«•«'/ ,  as  they  are  refolved,  and  difpute  not  of  the 
danger,  but  conclude  the  a ftion  ,  bethehazardwhatitwill,  ftariftot  i<  t«  imta.. 
jprtmpt  to  all  performancies,  as  the  Hiftorian  fayes  of  fome ,  when  he  oppofes  70 
fftsifiot,   to  Tiimfayfior ,  vigorous  aUivenefs  ,  to  fupine  laKjnefs.     This  ftrenuity 
then  is  the  proof  of  fouldiers,  and  as  the  Lawes  Civil  gives  to  fruitful  matrons  more 
priviledges.  both  alive  and  dead,  then  they  did  to  barren  ones  (  ch'jhs  honor  at  is  o(fa  ve- 

F  f  f  f  2  huntur 


Voxels  de- 

fcript.ofEn- 

gland.p.^31 

Adag.  Cm.  1. 
Cent-  7.  p.tfjs. 
Lib.  lp.c.  5. 
Lit.  4.  Thucyd- 
dcs. 
Idem  lib.  z. 

"ifufiint  a'8- 

>iH7wr,  pro- 

tatio  At  acuj/eren- 
Ihr  vel  Aecuferen- 
tur.  Turneb.iiii- 
verfA'i.  iO.t  u, 
P-533 


504.  A  Commentary  upon  Fortescue. 

hnntur  Eqais )  fo  did  they  attribute  more  to  ftrenuous  fouldiers  then  to  fpiritlefs 

ones;  for  though  I  know  ftrenuityas  an  influence  of  the  ftarrs,  which  are  boafttd  by 

Aftrologers  to  convey  to  men  fortitude  of  minde  and  Herculean  efficacy,  be  but  fabu- 

in-ifini.  w.4.  loui  and  nugatory,  I  mean,  as  to  the  necefiary  influence  of  them,  which  picas  Mi- 

ci.r.i^.  *•    randula  makes  good  againft  them  :  yet  do  I  confefs,  thatftrenuky  (arifing  from  a  na- 

•''t.  3.'.'}.         turalvigour,  alloyed  and  debafed  by  no  guilt  or  vice)  is'a  very  great  virtue  in  aSoul- 

dier.     And  this  our  Text  fayes  the  breeding  of  young  Heirs  under  their  Lords,  the 

mi*  «  «i-  Noble$»  dld  arrive  them  at. 


kJ).  Plato  in  Honefiate  morttm  "]  By  this  I  think  the  Chancellour  intends  F *ir  condition  and  civil 
Protagor.  ».  deportment,  that  kindenefs  and  truth  of  converfation  which  excludes  all  elation  and 
240.  falfchood,  and  abhorrs  mixtures  of  fraud  and  levity  with  that  which  feems  amiable 

'AWv*/k»i'J£-  and  worthy  in  men.  This  Plato  is  fo  prccife  in,  That  though  he  expects  not  men  fheuld 
*okm  tit  ?  pr  be  irreprihcnfible,  jet  he  Would  have  them  that  would  be  account  edhonefi  tt  do  no  cvilfrt- 
<nt  &  /mi  Jit  meditatelj,  and  for  the  once  as  we  faj.^  This  Hone  fly  the  fhilofophcr  calls,  ii  JiUcutv 
xtuuv  *»/«.  ««**•'»  t"t  t°°d  °f  inflict,  %  ^*"  £  *P*  r  xaKur,  the  victor]  and  honour  of  aU  good  men 
Idem.  stud  good  things ,  ■^^thiifivic,  the  utmofi  procedure  of  virtue,  beyond  which  nothing 

1  i&mt.  c.  9.  by  man  can  be  ailed  here  on  earth.  This  Pleonafm  to  the  honour  of  Hone  fly,  the  Mo- 
tin'"'',  md'  r*lift  8'ves  ^c  fc*fon  of»  *3Tftl  *°  mortal  Principle  that  moves  to  Honefiy  of  manners, 
wrtaiTtphn,!  but  a  confideration  of  God  above ,  and  confeience  within  and  men  without,  all  Supervi- 
tmtetfuii.  se-  for%  or  Judges  of  our  Behaviours.  Upon  this  ground  the  Ancients  mate  the  mod  noble 
™d'5m"hb.7.  virtues  and  rewards  with  Hw/?<«,  TuMj  joy  ns  Bignitas  with  Honest  as,  and  writes  of 
j  o§:  Honejlatem  &  decus  ctnfervare,  and  Honefiatibus  partis  &  omni  dignitate  frivare  ;  thus 

'"  Mur*na-       Honefia  ditla,  honeftus  dies,   honefia  virgo,  honefia  forma,    htnefio  loco  natus,  honefia 
arma,  hontfii  exitus,  nomen  hone  ft  urn,  mors  honefia,  are  fo  frequent  to  exprefs  the  beft 
of  excellencies  by,  that  there  is  no  doubt  but  our  Chancellour  by  morum  honefiate  ] 
means  the  beft  and  moft  unfpotted  accomplifhments  of  generousnefs,  blamelefsnefs  of 
1  office.*.        life,  and  exemplarity  of  converfation,  Honeftatturpitudinivitaeontraria,  as  Tutly  and 
'EK&Si  ,9fJ-  SlatoM**  °^ten  mention  them.     This  Saint  Paul  calls  walking  cireumfpeHly  and  in- 
y<"r  oftcufively,  and  Epictetus,  J  freedom  and  friend/hip  with  God,  which  (faith  he)  God 

*u*.ll.     T   ft. I  J -/L   _i.u«L    *./"  /!■*•      Urn      L.-t*        *mr>+       frlmtst*     mmtia\     t 'am      r-U*  **/*■*        -    * -    -  — m.      L-l— 


rderly  and  conform  to  the  moral  Dictates  of  reafon,  avoiding  all  turpitude , 
lufierof  his  image  in  me.    Indeed,  next  to  that  we  Christians  call  Grace,  this  Honefiy 
of  manners  is  to  be  valued  and  endeavoured-,    for  it  not  onely  keeps  from  every  ex- 
treme,  but  carryes  on  and  continues  in  fuch  a  dired  line  of  mediocrity,  as  is  glori- 
ous to  behold  and  imitate  .•    and  therefore  is  fo  much  the  more  to  be  prefled  on  great 
men,  becaufe  they  are  fo  apt  to  love  and  praftife  licentiotisnels,  and  are  by  it  fo 
influential  to  miflead  the  meaner  fort,  that  without  it  prevail  over  them,  all  good 
Virtue  and  Order  is  like  to  be  difcarded  the  World.     For  my  part,  I  think  fo- 
briety  and  civility  of  Manners  and  Garb  the  great  Ornament  of  Nobility  and  Gen- 
Huioftratus  in    try,    and  conclude ,    as  Apollonius  Tjanaus    did  of  Sparta ,    They  doe,   ifyvofuix.* 
w'/rlo1"?'    <*£**»>'>   &c-    extend  their  glory  to  the  Heavens  by  it,    and  in  the  failer  of  it,  E- 
1^0.'  clipfe   and  drewnd  them.,    *«  «*  th  3*\awfy  /utov  *to«t  xj  Is  t?  ylf,    not  onely  in  the 

Sea  but  on  the  Land.  The  consideration  of  which  made  Pliny ,  that  grave  Au- 
thour,  brand  the  ^Edility  of  Marcus  Scaurus,  with  mifchief  to  the  Common- 
wealth, becaufe  it  introduced  new  toyes  into  it,  to  the  difhonour  and  abolition 
of  the  old  fafhions  and  manners.  This  evil  to  avoid,  Probity,  Strennitj,  and  Ho- 
nefiy of  Manners  will  inftrud,  while  it  prcferrs  to  men  of  bloud  and  honour  felf- 
denyal  of  vicious  appetites,  courage  in  virtuous  undertakings,  and  exaftnefs  and 
veracity  in  demeanours  and  dealings.  This  is  to  become  A  man  without  welt  or 
gard,  the  fame  he  feems  to  be,  and  this  is  the  noblcft  end  of  generous  education. 
Andthis  our  Chancellour  fayes  young  Lords  and  Gentlemen  arcprobabler  to  have 
abroad  then  at  home,  and  in  the  Lord's  Houfes  rather  then  in  their  father's  houfe, 
becaufe  'tis  Altior  nobiliorque  Curiat  &c. 

Antecefiorts 


A  Commentary  upon  FortejcuI.  50$ 

Antecejfores  fuos  ipfa  tranfcendtt,  dum  inaltiori,  nobilierique  Curia  quam  indomt 
parentum  ilia  fit  imbuta,  &C 

The  fenfe  of  thefe  words  is,  That  as  every  youth  is  prefumed  toexcellas  his  oppor- 
tunities to  excellency  are  more  and  meerer  to  that  end,  fo  every  age  and  fuccefiion  of 
education  gives  being  to  fomewhat  of  additional  accomplifhment  which  precedent 
tiroes  and  breedings  did  not  •,  for  as  the  World  grows  older  in  time,  fo  the  men  of  it 
grow  quicker  in  invention  and  more  dextrous  in  action,  and  thence  facilitate  more 
and  more  that,  which  but  for  their  difcoveries,  would  be  difficult  and  immethodique.  , 

This  is  the  fenfe,  as  I  conceive,  of  this  claufe,  upon  the  ground-work  of  which  the  ^  "anSjim'cc 
Chancellour  raifes  a  lofty  rooff  of  profperft  upon  the  houfes  of  Noblemen  in  his  time,  «*<*««»«  m- 
which  as  they  were  Curie  for  the  multitudes  of  frequenters  to  them,  fo  were  Nobles  ^HiiiLipfiut 
altioresque  by  the  great  entertainments  both  for  activity,  fafhion,  and  feafting  in  them  ttKvU«m»mm- 
bevond  what  was  in  the  houfes  of  the  Gentry ;  for  of  old,  before  and  in  Hen.  6.  time,  i"  '$'  '&•"" 

i_     n  c   L     «  J  ~t  ii  •   i     r        l  nofiru  vM.lnii.l- 

the  itate  ot  the  Baronage  was  great,  and  Thej  Vperc  attended  not  with  jtw  tut  many,  not  ,ai  „,„,„,  &  M. 

airy  and  pigmy,  but  fad  and  froper  fervants,  welt-clad,  Voell-manur'd,  \oeR-fortund,  dtc">  m,du  /*■ 

veil-treated.    The  Majtfty  of  England  vat  feen  in  every  appearance  of  Nobility ,  in  the  menui".  y>aT 

Garb,  in  the  Train,  in  the  Table,  in  the  Solemnities,  in  the  Officers,  in  the  Recreations  cj.f.toi. 

ef  their  Houfes,  all  Arts,  Arms,  Exercifes,  Pleasures  being  ther e  fo  ordered,  that  the  Note  this, 

young  fry  of  both  Sexes,   thither  fent  and  there  accepted  to  be  bred,  came  away  made-  £$£X,  *™~ 

Perions  as  to  all  their  after-luftre,  and  owed  all  the  after- eminency  of  their  lives  to  the  &  u^tiLm  m 

acquirements  cf  thofe  Houfes,  which  the  Text  calls,  Nobiliorts  altitresque  Curie  then  ""''^J^"' 

their  fathers  houfes  were.  Buc  the  times  being  altered  and  the  Methods  of  Houfes  tranf-  Tt'mimu  m^.i 

formed,  the  Gentry's  children  now  find  their  fathers  houfes  their  beft  and  fafeft  red-  /«-  tn*m*  '"•- 

dence,  and  from  it  obtain  the  beft  and  onely  preferment.  N  *'.'ki™'i-w»- 

Principes  quoque  Regnifub  hae  Lege  regulati,    fimiliter  &  Domini  alii  a  Rege  imme* 
diate  tenentes,  not  poffunt  de  ievi  in  ruditatem  lafciviamque  -labi. 

As  the  mean  Lords  hold  of  the  Chief  Lord,  fo  the  Chief  of  their 
Chief  the  Kinr  •,   and  as  the  heirs  of  thefe  were  during  their  impu-       £x»  «""»  (iniuit  cie«<o  v*md 

,         J  j        *  V        i_     l  r  L    •-  t        J  JUL  L  •"'*  viUHtne   mmata  mora  «fm  civi. 

berty,  educated  in  the  houfes  of  their  Lords,  and  thereby  taught  to  ,atHm  fu,0,  ,„,  ftmkx4»i  d*  -^»u,cd 

love  and  ferve  them  according  to  the  condition  of  their  Tenures  mmtw vhAfi  fammt  m  civitM,bm  viri. 

and  their  native  degree:  fo  the  Noble  youth,  Principes  Regni,  the  J&Zf^ZS^Sm 

young  Lords  and  Barons,  during  their  Minority,  were  trained  up  qui  i$  ccrrHmfumurjcd ttu*  qutd»r- 

in  the  King's  Court,  as  the  propereft  Schole  of  Virtue,  Prowefs,  and  »>»!»"»■  ri»>f  .'7*!' ?"*"  '""" 

. .         •  j  erf  ■    e      ^  •  ^  r         tuttnt.  Cic.  M.  \.dt  Lcpbtu. 

Heroique  demeanour ;  for  as  foft  ray ment  is  tor  Princes  Courts,  fo  Bud*us  i»  t*«w*.  p .  n.  b-  £<&. 
are  all  noble  qualities  beft  becoming  it,  and  beft  learned  from  the     vafcof.  . 

«    .»~  rujrifU  •  ^       1-        c  r  Sarisbunenfis  dt  Nnris  C«nalium.  lib. 

virtue  and  variety  of  the  difplayes  of  them  in  it.    Forfuppofea     4  ,™  5,,,7,&c. 

Court  (  fuch  as  The  Solomon  of  Kings,  the  Fir  ft  ef  his  Name  over  .r, . 

England,  fetsit  forth  )  lHftrous  in  a  Prince  and  Chief,  who  doth,  as       Bf ,ic- %mon- l  ""*-*  ^  "'  *" 

*../.■  ,'         ,  ,.      .      ,     ,      ,        '        ,  ,'  works  m/rt. 

neadvikth,    Remember,  that  as  in  dignity  he  hath  erected  you  above 
ethers,  fo  ought  yt  in  thank^ulnefs  towards  him  go  as  farr  beyond  all 
others.      A  moate  in  another s  eye  it  a  beam  into  jours,  a  blemifb  in  another  is  a  leprous 
bile  into  you,  and  a  venial  fin  (  as  the  Papiftsoj/Y>0  in  another  it  a  great  crime  into      ^^  p  l(/ 
you,    Suppofe  a  Prince  fuch  therein  as  to  ufe  his  words,  Let  your  oVonlifebe  a  Law-  i«7. 
booi^  and  a  Mirrour  to  ytur  people,  that  therein  thty  may  read  the  pr alike  of  their  own 
Lawes,  and  therein  they  may  fee  by  your  Image  wh.it  life  they  may  lead,    in  the  Go- 
vernment of  your  Court  and  Followers  in  all  Godlynefs  and  Virtue,  in  having  your  own 
minde  detkjd  fowith  all  virtuous  qualities,  that  therewith  yiu  may  worthily  rule  your 
People.     And  a  little  after,  As  to  the  Government  of  ytur  Court  and  Followers,  King 
David  fets  dr.wn  tbe  beft  Precepts  that  any  wife  and  Chriflian  King  can  pratlife  in  that 
point  j   for  as  ye  tught  to  have  a  great  care  for  the  ruling  well  of  all  your  Subjects,  fo 
ought  you  to  have  a  double  care  for  the  ruling  well  of  your  oVfn  Servants  :    Chufe  {for 
your  fervicc )  thofe  within  age  that  are  come  of  a  good  and  virtuous  Kinn,  fuch  as  are 
conu  of  a  true  and  honeft  Race,  and  have  not  had  the  houfc,  whereof  they  are  defcended, 
infctledwithfalfijaodxndtrcafon.     Delight  to  be  fervedwith  men  of  the  noble  ft  bloudthai 

maj 


50<5  A  Commentary  upon  Fortes  cue. 


1  Book  f.  l*f> 


r*t.  170. 


*  Ttm.  u.Bibli- 
othecx  Magna; 
fart.  2.  p.  71a. 

irf-  '4. 


ChU.  4.   C"if.  5. 

/>.   IOpO. 


Gaflcndus  JV  j. 

/•47«- 


Ow7f  j»  •  /w- 


Ariftophan. 
)'»  Pluto. 

Dion.  Hifi.  /it. 
4s- ?•  38*<  J°7« 
5  J*. 
ffci/.  z.  Cm.  6. 

f.  610. 

Dion.  /it.  4J./1. 

II  Rich.  1.  c.  3. 
Stamford's  FUm 
Crvon.  p.  38. 

Vowels  Dtfcrift. 
Ev£l**i.[.  lyj. 


Magna  liblio- 
theca  Fatrutn. 
Ttm.  u.f.iai. 


Aleir.«t  Alexan. 
lit.  2.  e.  6. 
Zuinger  Tkeatr. 
vl.  hum.  f.  13 19. 
Luitprand  Tici- 
nenfis  lib.  6. 1,  2. 


may  be  had  ;  for  be  fides  that  their  fervite  Jhall  breed  you  great  goodwill  andleaft  envy, 
contrary  to  that  of  Stdrt-ufs,    jt  fall  often  finde  virtue  follow  ncl/le  Races.    And  a- 
gain,   ,  Make  your, Court  and  Company  to  be  a  patern  if  Godljnefj  and  all  hem  ft  vir- 
tues to  all  the  reft  of  the  people,  Be  adayly  fVatchmancver  jour  Servants  that  they  cbcj 
■jour  Lawes  pretifely  -,  for  how  can  jour  Laves  be  k.ept  in  the  Country,  if  thtj  be  broken 
at  jour  ear,  punijbing  the  breach  thereof  in  a  Courtier  more  fevertlythmin  the  ferfen 
of  any  other  of  jour  Subjects,  and  above  aU,  fuffer  none  of  them  (  bj  abuftng  their  cre- 
dit with  jou)  to  of  ft  efs  or  wrong  anj  of  jour  Subjects,  &c.  And  Shortly,  maintain  feace 
in  jour  Court,  banijbenvj,  cherifb  mode  fly,  banifb  debauched  injole nee,  fejtcr  humility 
and  reprefs  pride ;    fetting  down  fuch  a  comely  and  honourable  Order  in  all  points  of  your 
fervice,  that  when  Strangers  fballvipt  jour  Court,  thtj  maj,  with  the  Queen  e/Shcba, 
admire  your  wifdom  in  the  glorjof  jour  Houftand  comely  order  amongft  your  Servants. 
I  fay,  imagine  a  Prince's  Court,   not  like  that  Cornelius  Agrippa  mentions  to  his 
friend  in  thofe  farcafiique  and  prophane  words,  an  non  in  Inferno  es,  amice,aui  es  in  Aula 
ubi  Damonum  habitatio,  nor  like  that  *  Pttrus  Blefenfis  writes  of ;  but  thus  exemplary, 
thus  refert  with  rare  perfons  and  religious  practices,  as  this.  King  propofed  bis  Sons 
Court  to  be  when  he  mould  come  to  it ;    Conclude  this  not  an  "Utopia,  or  a  difplay 
of  Kingly  wit  and  politique  fagacity,  but  what  really  and  truely  his  wifdom  lound  out 
to  be  the  Intereft  of  Kings  to  make,  and  the  Religion  of  Kings  to  keep  their  Courts 
fuch.     What  (  when  a  Court  is  fucb  and  fo  ordered )  can  be  a  readier  and  more  no- 
table means  to  ingenerate  and  preferve  virtue  in  youth  then  Education  there, 
where  they  (hall  not  take  in  good  and  grave  Principles  as  they  do,  who  do  Vappam  bi- 
bere  i  lagenis,  but  ingurgitate  them  freely  as  they  do,  who  do  E  dolio  haurire,  who 
are  (  as  we  fay  )  at  the  Well-head,   e*  0»ar  <*}#f  S,  encircled  with  every  thing  that  it 
magnificent.    I  lay,  in  a  Court  that  is  thus  raryfied  aud  fublimated,  ( that  by  the  Elixar 
of  Imperial  Prudence  is  turned  from  tinn  and  courfc  metal  into  pure  gold,  as  Frederic 
the  Third,  King  of  Denmark^    is  reported  to  have  made  his  Court )  no  mifcarriage  al- 
moft  becaufe  no  degeneration  can  be  in  lafciviam  ruditatemve  de  ievi~)  For  the  fobriety 
of  fuch  a  Court  keeps  youth  from  luxury,   and  the  (late  and  fafliion  of  it  from  rude* 
nefs.    For  though  Athens  were  a  place  wherein  there  was  fo  many  Artifts,  that  no  one 
Artift  was  valued,  which  made  him  in  the  Tragedy  cry  ©ut,  That  there  was  no  Regard  in 
her,  nor  any  Art  fiourifhed  there:  Yet  this  D'omus  Regia~]  in  the  Text,  called  in  other 
names,  71  Baeheiav  and  rufcanor,  has  Rewards  and  Encouragements  for  every  confpi- 
cuity  in  its  Courtiers,  and  they  that  compare  any  places  to  them,  where  nobly  ( and  as 
of  old  )  they  were  compofed,  does  Rofam  cum  anemona  conferre.  For  as  Princes  have  no 
fellows  in  theit  Dominions,  fo  have  their  Courts  no  fellows  in  the  Priviledge  and  Mag- 
nificence of  them  -,   for  befides  that  It^mM*.  that  is  given  them  abroad,  our  Lawes 
make  them  exempt  from  ordinary  Jurifdiftion,  and  offences  done  in  them  contrary  to 
the  facrednefs  of  them  highly  punifhable.   If  a  man  fight  in  the  King's  Court,  the  King- 
being  then  and  there  prefent,  he  Jhall  lofe  his  right  hand,  and  be  for  ever,   during  hu  life, 
imprifoned,  and  pay  fine  and  ranfomt  at  the  King's  pleafure,  which  was  like  to  nave  been 
the  doom  of  Sir  Edmund  Kntvet  in  Anno  1541 ,  but  that  the  King  remitted  it  upon 
his  humble  fubmi  ilion  and  entreaty  -,   for  tbefe  Residencies  of  the  King  are  accounted 
Honours  by  the  Statute  of  37  H.  8.  c.  18.  and  it  being  againft  the  Honour  of  the  Sove- 
reign of  the  Law  to  have  his  Lawes  violated  in  his  pretence,  the  penalty  of  fuch  Info- 
lence  is  very  fevere  :    and  thofe  that  make  bold  to  brave  and  difhonour  the  order  and 
facrednefs  of  them,  are  wellcomed  with  a  punifliment  remarkable.     Fulbertus  reads 
thofe  words  of  Pfal.  xxviii.  Adorate  Diminum  in  atrio  fantto,  by  Colite  eum  in  con- 
fcientia  veftra  mundijftma,  and  he  gives  the  reafon,  ipfa  eft  enim  Aula  Regdlis  &  ha- 
bitatio Sfiritus  fantti.    And  therefore  all  perfons  that  approach  the  King's  Court, 
as  they  are  to  be  trimly  habited,  and  to  the  eleganteft  proportion  of  their  degree ;    fa 
ought  they  there  to  demean  themfelves  foberly  and  with  civility,  fince  Princes  Courts 
arc  Paradifes  of  pleafure  and  ftate,  as  might  at  large  (if  need  were)  be  made  good  ouc 
of  great  and  grave  Authours :   which  is  the  reafon  the  Chancellour  here  in  the  Text 
fayes,  Opultntiam,  magnitudinemtjue  iHius  coHaudare. 

Bum  in  ea  GymnaJSum  fupremum  fit  nobilitatis  ~\  The  Court  of  the  King  accor- 
ding to  our  Text,  is  not  onely  the  fphcar  of  riches  and  luitre,  but  the  Academy  of 

and 


-..T 

A  Commentary  upon  Fortes  cue.  507 


activity  and  manlinefs  Gymnaftum  nobilitatis,  faycs  our  Mailer.  ^w»^^»,^  scms.i,i,  ,.r.. 

Now  Gymnaftum  was    the  place  where  the  jitters  of  old,  (trip-  BucteiH*iW&.f.Vj.  Edit,  vafcoi". 

fed    thcmfelves  naked ,  that    they  might    fiiw  themfeives  aelive , 

ytthuit    hinderance.     (a)    Seneca    termes  Pjrrhtu  (the  inftitu-  $  lit. ».*/». 

tour  ofthefe)  maximum  prtceptorem  cert  am  ms  Gymmct ,  and  trie  f(l/MJ  AuSui\emim.  »»»^  v,jut«,  ]«}«- 

caution  he  chiefly  gave  his  youngfters  was,  that  thej  jkould  net  be  *m. ««  Utmi human adiuOtfnme  a*. 

patfonateandcholcrickM&o™  wiieCourt.e.rs ought,  acd;ere  inju-  ttj£Z&ttE££ 

riAt  &  referre  gratias .  Lipuus  his  Commentator  tells  us  not  what  mproi  amtm  unm  &  uwufiid  rfimm 

Pyrrhus  this  was,  but  Pjrrhtu  probably  it  was  the  Bpyraan  King  t^«.frJK<i^»fri*r*j*t»m>m 

,'        ,  1.1  '  11     j     r  J     «         I  ■        /■    1        •      -t-U    i  "U'rmti  erantofhatj,  ft  carts  arlilrartnlHr. 

that  brought  in  dancing,  called aftei wards Pjrrhic*  fattatii).  Ancle     s„Sut mexouymosd,  N^ridio  ?,«<* 
corporal  exercifes  of  running,  vaulting,  jufting ,   wrefl ling,  til-    «hinamW«««o«, 
ting.and  torneaments,though  under  other  names,  together  with 
the  liberal  learned  fciences,were  alwayes  judged  fo  proper  for  Courts,that  nothing  was 
judged  more  peculnr  to  them  then  theyi  becaufe  they  took  youth  off  from  effeminacy, 
and  intended  them  on  expiefGons  of  manlinefs.   Budeus  aflerts  Ljcaon  the  Arcadian  , 
to  have  delivered  them  to  the  Greeks,  who  had  their  Lycaum,  Aeademia,Cynofargcs ,  to  f .  95.  -b.  ,„  p«. 
further  the  education  of  youth,  and  in  all  thefe,  erudited  them  according  to  miJivo-  <w?:«<>.vafcof. 
po/,  or  laws  Of  infhtuting  youth  by  their  rv^*s7*p;£t/,who  were  purpofely  drfigncd  t6 
attend  them  .  And  how  diligent  the  young  trie  there  were,  that  they  might  be  nota- 
ble gameftei  s.and  renowned  for  their  victories.  Tlaxtus  mindes  us  in  thofc  words,  Ante 
foltm  exorientem,  nifi  in  Pal*  fir  am  veneris,  &c.  If  one  came  not  into  the  pit  before  Sun-  t>*"m-  *<#,»■ 
rife,  hewasferely  punifhed :  Thereby  running,  finving,  aclivityoffpear,  ^uniting  or 
throwing  up  in  the  ajrre,   fighting  at  Cuffs,  flaying  at  ball,  dancing,  they  exercifed  them- 
feives rather  then  with  whoring  andKiflingjhm  hee.  And  furely  had  not  the  wifdem  of 
humane  nature  found  it  neceftary  to  divert  youth  from  finful  pleafures  which  engage 
the  minde,  they  would  never  have  done  fuch  honour  to  thefe  corporal  exercifes,and  the 
excellers  in  them  as  they  have  done-,  norwquld  Hiitorians  have  taken  the  paincs  to 
write  of  their  ancients  Athleta,  and  Paleftr'ns,  their  curfores  inftadio,iheirfaltatitnes 
&  pttgilum  certamina,x.heir  Hyflomachi gladiatores,their  eaut fires  concur fus  &  pugm  ,  Zuing«/»  Thm- 
as  Calms  Rhodiginus,  Plato,  Sabellictis,   Athtnaus,  Pavfaniar  ,  Alexander  ab    Ale-  '"'" ' 
xandre,  Plutarch,  Scaliger,  Diodorus  Siculus,  Faber,  have  done;  and  therefore  I 
conclude  that  they  are  necelTary  and  advantageous  to  draw  out  and  keep  up  the  man- 
hood of  the  minde,  and  to  enable  men  to  ferve  their  Countryes,  with  i heir  bodies  a-      , 
gainft  their  enemies,  aid  juflifie  the  Courts  of  Princes  to  have  exercifesof  activity.  ml'^cmtt« 
Not  onciy  the  Pjnhica  faltatio ,  which,  though  on  foot  was  fomewhat  like Tiiring,  **amt,  rym- 
whercin  theenggers  were  armed  Cap  a- pee,  and  the  Sieinnis,  which  was  fuyricK,  SjjJtpn.'wft*' 
wherein  the  dancers  clad  as  fatyrs,  by  the  variety  and  agility  of  their  motions,  did  c.  u, 
provoke  by  the  rareneffe  of  their  ringing,  delight ;  but  alfo  that  ZvfuKia,  or  civil  ex- 
ercifeofdancing,which  Plato  calls  very  hone fr  and  harmelefs  dancing,  And  we  may  call  'Q  v'_ ar 
French  and  Cotmtrey  dancing,  or  dancing  in  Masks,  which  truely  is  in  its  felfl  fuppofe    Jj;      ,~„  ^. 
foharmelefs  a  repair,  as  nothing  can  bemoreharme!efc,(rt>;7£f  to  them  that  evil  thinks    «    »c  tl 
the  jollity  no  doubt  is  lawful,  if  it  be  ufed  lawfully.)   And  much  (  in  things  not  mala  per   rlt  i,  /rp-;'_ 
fe)\%  allowable  to  the  Courts  of  Princes,which  is  not  fit  to  be  prattifed  elfewhtre,  wch   /   '        * 
if  iomc  wou'd  rightly  confider.they  would  not  be  fo  imprudently  rigid  in  their  cen- 
fures,as  they.more  to  their  own  difgracc  then  to  others  difadvantnge,  impudently  are. 
As  then  to  the  fuprema  Gjmnafa  of  our  Text,  and  Ihe fibsU  quocjueflrennitatis,  pro- 
bitAtis  &  morum  ~]  which  the  Kings  Court  is  ca  led,  I  can  write  nothing  purftu.tlly  as 
concerning*  the  teaching, of  Martial  lean  ard  activities  therein;  but  near  and  in  the 
verge  of  the  Kings  Court,  all  thefe  exercifes  have  been  and  yet  are  taught,  though 
now  the  young  Lords  more  addicted  to  travaile  then  heretofore  ,  learn  them  abroad, 
whether  they,  go  very  young,  and  fo  thefe  places  and  matters  are  not  lb  much  ta- 
ken notice  of  as  then  they  were.  But  that  practices  of  activity  have  been  ever  here  per-  Hounded  f. 
formed,  is  plain  in  our  {lories,  in  18.  &  19.  E.  3.  thefe  were  performed  at  windfor,  1*6. 
in  14.  &  15.  R.  2.  the  King  kept  his  Court  at  the  Bifhop  of  Z<Wo»'shoufe  in  London,  £  ^     + 
and  there  were  jufts  in  Smithfield^nd  after  ,dancing  and  revelling  after  the  Court  man-  t.  »o7. 
nerinHenrj  the6.  time  at  the  7Wf  r,  and  at  Greenwich,  foin  ffenrytbe  7.  time,  at  T-  8is- 
Sheen  for  a  moneth  together,  within  and  without  the  Kings  Pallace  :  foat  jveftmin-  B.\t^io«,  v/, 
fier  r.  H-  8,   4.  H.  8.  at  Granty icb,  and  14.  of  the  fame  King,  there  before  Chxrlcs 

the 


56% 


vHl*l    Ch:l.  4." 
tent.  i».f.  1 1 91. 
Chil  4  Cent.  IS. 

True  Nobi- 
lity, whence. 

See  Sic  Edwurd 
Wsiirbtuft,  my 
Uncle's  Epiflls 
■o  the  Eatl  of 
Blfix.in  H»lmg. 
fi'ti.f.  11.60. 


Satisburienfis 
lib-  4.  dt  nhgis 
curialmm  e.  t,  z, 
».  4- 

£l^4M0  quistju* 
frtmftiiir  obfeqwo  , 
innto   cilitts   bono- 
nkut  £r  optlm 
txtotlinr.  Taci- 
tu<. 

Florm  authority- 
"  &glorU.  Cic. 
£/>.*<  Nigidium. 
Fhrtre  txifimjttt- 
oneC'icpnlton- 
teio. 

iilt£\<tt.  di- 

Itum    Pcry- 
andri  EraC 
Adag.  Chil. 
2 .  Cent'.  2. 


A  Commentary  upon  Fortescue.  . 

the  fifth,  and  ever  fincealmolt,  though  of  late  years  Tilting  lias  been  difofed,  yetflill 
oilier  exercifes  are  continued  j 

So  that  when  our*  Text  fayes,  it  \\  fchU  (Irenuitatit,  probitatis  &  morum  ,  it 
intends  fuch  a  Collection  of  men  of  Art sand  arms,  of  valour  And  cturtyery  in  it,  that 
every  young  nobleman  that  thereunto  comes.may  (  if  he  have  ambition  to  appear,  U, 
A<3(  'if  v.&,  *  prognate  tf  Jupiter's,  be  excellently  adorned  with  all  complements  of  ho- 
nour )  and  not  be  ""Ofm  Ik  ittt  'Of  riaif,  not  one  that  has  no  evidence  of  his  nobility  ,  but 
his  bare  defeent ;  for,  as  it  is  not  bulk  chat  declares  the  man,  but  fpirit  and  valour,  fo'is  it 
not  name  and  equipage  that  publifhes  a  nobleman,  but  a  brave  minde  and  a  brave 
courage,  a  ftanch  virtue,  and  a  not  to  be  impeached  fidelity  .-  thefe  are  vert  nobilita- 
tisinfignia,  and  therefore  are  by  our  Chancellour  annumerated  as  tbofe  things  which 
doe  honour  and  illuftrate  a  Kingdom. 

J£uibns  bomratur  regnant  &  floret  ~]     This  is  a  great  truth  which  all  experience  fob- 
fcribesto,  that  ftrcnuity  of  action,  probity  in  minde,  and  honefty  of  manners  is  the 
chief  glory  of  any  Kingdom.  This  I  ih\nk,Mofes  according  to  our  Texts  fenfe  intimated 
that4pf*r.  6.  where  be  charges  IfrAel  to  keep  all  his  enaction's,  which  God,  who  had 
fo  highly  deferved  of  them.had  en  joyned  them  obfervance  of ;  Tor  this  fayes  be,  is  jour 
wifdome  Andy  our  undemanding  in  the  fight  of  the  nations  ythichfli  all  htAr  aII  thefe  fiatutes, 
&fA],furtly  thisgrcAt  nation  is  a  wife  and  under  ft  Anding  people.?  or  virtue  being  the  cor- 
ner ftone  of  Govcrnmcnts,and  the  firmament  of  its  luftre,no  honour  is  to  be  had  or  kept 
without  her,  nor  is  (he  truely  any  where,  but  where  fhefhews  her  felf  in  the  fruits  of 
courage,  abftinence  from  turpitude,  and  zeal  for  propagation  of  order,    which 
three  are  the  leures  of greatnefs  to  any  peoplej.for  valour  gaines  ground,  and  makes  the 
purchafe,&prudence  orders  acquifitions  by  equity  of  adminiItration,whereby  it  cements 
mindesfo  together,  that  they  as  one  man  joyn  in  propagation  of  common  intereft, 
raifing  by  the  art  of  loyalty  ,fuch  a  rampire  and  defence  about  them,as  no  art  or  afTaulc 
of  their  enemies  (hall  fubvert,  and  darts  fuch  rayes  of  conviftion  on  beholderi,that  they' 
cannot  but  admire  and  defire  to  be  under  the  rooffe  of  fuch  politique  artinxers,as  build 
both  ftately  and  ftcurely,  yea,  and  makes  the  way  open  for  merit  to  be  rewarded , 
when  fervihty  and  abjeftnefs  of  condition  makes  unchearful  fob  jcfts,and  fuch  as,though 
they  are  bou.id  ^ft/o«7j  wsA/t,  Veitk  golden  fitters;  yet  would  think  thcmfelves  more 
happy  to  be  free:  not  as  to  dependance  on  and  loyalty  to  their  Prince  (  for  that  is  the 
bell  Charter  and  evidence  for  orderly  political  freedom*  )  but  as  to  that  VafTalage 
which  is  the  effeft  of  abfolute  and  unlimited  will,  which  being  no  method  of  our 
Princes  to  their  fob je&s ,  produces  in  the  fubjeds,  thus  paternally  treated,  Strenit- 
it  j,  Probity  AndhoneftyofmAnners,  to  fuch  a  degree  as  makes  the  Kingdome  in  which 
they    are  ,  honor  Art  &  flerere ,  flourifb  in  its  felf  And  be  honoured  abroad  by  others  ; 
for   there    is   nothing   acquires  futh  benediction  of  God,  on  men  ftudious  to 
thrive  by   juft  and  good  endeavours ,  as  juflice ,  honefty ,  and  pcrfiftence  in  their 
well  and  judicioufly  chofen  way,  which  as  they  are  firft  commended  to  the  affe&ions 
and  made  connatural  by  good  breeding  and  right  principlingin  youth,  fo  are  often 
▼ifible  in  thofc  enlargements ,  which  manhood  in  the  ripe  and  prudent  experience  of 
it,  occafions  men  to  evidence ,  aniby  it  to  be  renowned.  For/?*«  wifdome  makes  a 
mans  face  to  Jhine,   and  education  is  the  ftirrup  to  help  up  into  that  faddle,  where,  well 
feated,  we  fit  notwithstanding  all  the  menaces  of  difmount,  that  the  various  and  crofs 
accidents  of  life  fogged  to  ils.it  is  the  readied  courfe  to  attain  that,by  fuch  company  and 
converfation,»as  are  greatelt  mailers  of  it;,  and  this  being  to  be  oblcrved  in  the  houfes  of 
Lords  for  young  gentlemen,and  the  Court  of  the  King  for  young  Lords,  as  therein  to 
breed  them  was  the  cultome  in  our  Chanccllours  time ,  theConclufion  of  our  Text 
is  as  in  all 'Other  Chapters, that  this  method  of  England  in  this  as  in  other  parts  ofit,was 
beft  for  EngUnd,  while  it  was  the  ufe  fo  to  doc.  And  what  the  difufe  or  other  appoint- 
ment of  their  cuitody  and  education  will  better  to  after  ages  produce,  then  that  did 
to  our  times    let  after  ages  tell  when  they  know,    tree  that  know  but  in  pArt,  can 
but  prophecy  in  part.  To  God  to  whom  the  event  of  all  things  is  known,  and  by  whom 
over-ruled  I  refer  it,  and  fo  I  conclude  this  Chapter, 


CHAP.  XL VI. 


A  Commentary  upon  Fortes  cue. 


5*7 


CHAP.    XLVL 
Tunc  CaneeUarius.  Sunt  &  alii  cafus  nonnuUin  tjuibus  differ  tint  Ltges  anttdiil*,  Sec. 

TO  the  prementioncd  cafes,  wherein  the  two  Lawes  in  the  manner  of  their  admi- 
nistration differ,  our  Chancellour  fubjoyns  that  ofmanifeft  Theft  and  of  ingrate- 
full  Libertines  j  in  both  which  Cafes  the  Civil  and  Common  Lawes  give  different 
judgements. 

Leges  Civile*  indicant  Furtum  manifefium  fer  redditionem  qnadrupli. 

Furtum']  the  Lawyers  derive  from  ?ip«r,  id  eft,  auferendo  con- 
tretlandoque ;  hence  they  define  it,  ContreBatio  rei  alien*  mobilis  & 
corporate,  fraudulent a,  invito  Domino,  grati*  luerandi  rem  ipfam  vtl 
ufc.m  ejus  vel  foffejftonem.  It  muft  be  ContreBati*,  for  the  animus 
intercipiendi  is  nothing  as  to  men,  if  contreBatio  be  not  5  fo  is  the 
Glofs,  fine  contreBatiene  furtum  fieri  non  fete  ft,  And  ret  alien* ;  for 
in  propria  non  cemmittitur  furtum.  Therefore  the  matter  of  the 
Thefc  muft  be  the  right  of  another,  zrAmobilit  &  corporalis  it  muft 
be,  tjui*  ha,  capi.ferri  &  mtveri  p«jfent  ■,  for  although  AhIhs  Gellitu 
tells  us  Sabinns  delivered  it,  Non  hominum  tantum,  netjue  rerum  mo- 
vtntium  ana  auferri  occulte  &  furripi  pejfnnt ,  fed  fundi  quoauc  & 
adium  fieri  furtum  :  yet  the  more  currant  judgement  is,  that  Thefts 
muft  be  de  re  mobili  &  corforali,  and  then  it  muft  be  fraudulent*,  for 
animus  frandendi  maximt  infpicitur,  &  non  fit  furtum  fine  affeBu  fn- 
randi,  as  alfo  it  muft  be  invito  Domino,  not  onely  when  firft  taken, 
but  when  it  is  kept  longer  then  his'time  prefixed-  fo  alfo  if  it  be 
taken  or  kept  with  his  privity  and  confent,  it  is  no  theft,  but  athefc 
it  is  if  otherwife,  becaufe  it's  done  animo  lucrandi  rem  ipfam,  vel 
ufum  ejttt,  ve\  po\]effionem, Furtum  facit  ,fcienter  aecipiens  indebitum-, 
and  no  man  that  takes  what  is  not  his  own,  but  knows  it  to  be  ano- 
thers,  and  takes  and  keeps  it  to  the  injury  of  the  right  owner,  but 
is  a  thief,  and  this  makes  the  Theft .-  for  Theft  is  not  computed  in- 
ter eafus  fortuites,  but  it  fuppofes  a  premeditation  and  an  ill  minde 
to  the  owner  of  it,  which  they  call  not  onely  damnum  rum  eorrupti- 
cne  rei,  but  furtum  cum  amotione  rei. 

Now  thefe  Furta  were  either  \Manifefia,  fuch  as  are  in  the  very 
facft,  in  which  the  thief  is  termed  x.*.i*-m  'nrijjnf<»&(%  hoc  efi,  «'*«(<- 
tiiv&  tTaumtofu,  with  the  thing  fioln  about  him,  or  he  that  is  appre- 
hended wrhm  the  bounds  of  the  place  whence  it  was  ftoln  ;   or  elfe 
not  manifeft  ones,  that  is,  fuch  as  though  they  are  proved,  yet  they 
came  c  leaver  Ij  off,  and  went  fmoothly  away  with,  asweufetofay  : 
thus  Tullj  expreffes  manifeflum  furtum  by  clarum  Cr  apertum,  and 
he  calls  it,  Manifefioeomprehcnfnm&  deprehenfum  f acinus.     Hence 
becaufe  Mahifeftation  is  the  act  of  light,  Authors  exprefs  every  thing  of  palpability  and 
obviousnefs  by  Manifeflum ;   Man'tfefiut  Amator,  libido  manifefia,  pietat  manifefia, 
figna  manifefia,  manifefia  cades,  &c.    1  hefe  Thefts  were  (  fayes  our  Text )  different-  Budaus  in  tw, 
ly  punifticd,  in  old  time,  amongft  the  Nations,  I  fuppofe  with  death  in  the  party  fteal-  Wie-110' 
ing,  and  with  the  bondage  of  his  Companions,  to  which  the  brethren  oi'fofeph  had  c«.  44.9. 
probably  an  eye  when  they  willingly  propofed  to  the  Lord  of  Egypt,  that  With  Vohom- 
foever  of  them  the  money  for  the  Corn  be  found,  bath  let  him  dye,  and  we  alfo  will  be  my 
Lords  bondmen.    I  know  there  are  learned  men  that  make  this  onely  a  bold  offer  of 
innocence,  which  knowing  it  felffree,  condefcends  totbehardeft  terms  to  vindicate 
it  felf^    and  hereupon  they  rank  it  amongft  the  follies  and  vapours  of  thefe  fons  of 
Jacob,    who,  as  Ifraelites,  would  feem  to  be  more  abfternious,  and  not  fo  temptable 

G  g  g  g  as 


AlcUt.  ad  Legem  183.  f.  3^2,  de  verb. 
figmfic. 

Paulus  fterifeonfult. 
Alciat.  DiffHt.  lib.  1.  e.  10. 
Tholoff  Syntagm.  lit.  n.t.i. 
D'gert.'ii.  17,  tit.  1. 

Mt.nd.ni  vel  contra  <jlofs.  tun  reddidit. 
p.  i«7*- 

TholofT.  lib.  j  7.  c.  1,  &  6.  ir  n  lib. 
it.  c  tl. 

Digeft.  lib.  17.  tit.  1.  Mandati  p.  1*74. 

Digeft.  lib.  si.  tti.l.  H.Duhtaiu  m 
Clefs. 

Tho!o(T/i4.  3-r.  c.  6.  &  11.  &  lib.  H. 
c.  28. 

Shi,  ultra  mod.m,  tempus  vel  lectern  i 
Domino  coajtitutum  utiiur,  furtum  facie 
qui*  invito  "Domini  facit.  Thol»(T.  lib. 
pranetat. 

Turtivtim  nen  tjl  quod  fciente  Domini 
mclufiem  efi.  Faulus  lib,  3.  ad  Nerati- 
um. 

Distil,  lib  14,  lit.  1.  »).  p. 


.  2217. 


Digeft.  lib.  4.  tit.  9. 

Baldm  Digeft.  lib.  y. 
Aquiliam. 


ad  Legem 


JianifeflRS  fur  of},  qui  in  faciendo  de. 
frehenfus  eft.  ir  juxta  termmei  ejus  lest 
undo  furatus  eft.  cemptehenfui  tit .  vel 
antequam  *d  turn  locum  quo  dctstnarat 
fervtnirt.  Paulus  lib.  Sentent.  De  F10- 
ribees. 


§£a[i  td  manus  firis  flans.    Cic. 
Roicio. 

Tro  Chientio. 


fn 


5:o  A  Commentary  upon  Fortes  cue. 


lib.   de 


as  other  men,  but  faving  their  greater  judgements  I  humbly  con- 
ceive it  to  have  refptft  to  the  Cufiome  of  the  Nations, 
^perhaps  Egypt ,  thus  to  punifh  theft,  which  punifhment, 
though  they  were  ftrangers  they  willingly  condefcend  to,  nor  was 
it  ftrange  they  fhould  ,  who  knew  theft  was  a  notable  fin  sgainft 
the  Moral  Law,. and  that  jufticc  which  God  has  implanted  in  every 
man,  and  when  it  was  fo  manifeft  as  their's  was,  could  not  but  ex- 
peft  the  punifhment  of  manifeft  theft ,  which  was  death,  efpecial- 
ly ,  if  in  the  night  the  thief  were  taken  in  the  houfe  ;  fo  PUto 
appointed,  and  the  Law  of  the  twelve  tables,  and  fo  the  theft  per 
lanccm  &  licium,  (like  our  night-robbers,  who  come  in  Vizards 
and  with  cords  to  binde  men,  while  they  ranftck  the  houfe,)  was 
punifhed  as  manifeft  theft;  now,  becaufe  theft  is  often  in  final  things, 
in  which,  Acurfius  thinkes,  it  ought  to  be  profequuted,  modicepuni- 
endo ,  and  not  capitaliter.-,  therefore  the  Law  (a)  appoints  this  four- 
fold reftitution  of  the  thing  ftolne.  Indeed  God  nimfclf  appoint- 
ed reftitution  in  cafe  of  theft,  fo  in  the  22  of  Exodus  and  thefirft 
verfe,Five  oxen  are  to  be  reftored  for  one  Ox  ftol  ne,ar.d  four  fheep 
for  a  fheep  ;  and  the  principal  with  a  fifth  part  of  the  value  in  a  tre- 
fpafs,  Lcvit.  5  26.  &  e.  6.  v.  f.  Numb.%  7,  but  in  cafes  of 
fmall  things  ftolne,  manifeft  theft  was  to  have  a  four,  fold  reftitution,  fo  King  David 
determined  againft  hirafelf,  that  Vriah's  lamb  taken  from  him  by  violence,  fhould  be 
reftored  four- fold,  2  Sam.  11.  6,  which  was  according  to  the  Law  in  Exodus ; 
anfwcrable  to  this  was  Zaoheus  his  proteftation,  //  /  have  taken  from  any  man  If)  forged 
CavillatitnJ  reft$re  him  four-fold.  This  Law  continued  amongft  the  feVccs  till  He  rods 
time,  when  fofephus  tells  us.he  altered  it,and  appointed  the  thief  abfolutely  to  be  fold. 
Grotius  fayes,  komthis  Law  of  Exed.c.  22  the  Greek  andRovazn 
Law  took,  their  prefcripts-,  and,  that  if  a  thief  before  he  had  made 
away  the  Matter  of  his  theft  did  bffore  arraignment  repent  of  it,  and 
reflere  it  entire, and  a  fifth  part  more  with  it, he  was  abfolved  according 
to  the  text  of  Numb.%  7.  but  if  the  thing  ftolne  were  alienated,  then  he 
was  to  rcfiore  four- fold,  that  is,  to  give  him  four  times  more  fatis- 
faftion  then  the  injury  done  him  comes  to.  To  this  quadruple,!  think 
our  Lord  alludes  in  the  Luke  6  38.  Good  meafure fiall  men  re- 
turn into  jour  bofome,  pre  fed  down,  fiaken  together,  and  running  0- 
ver  ■,  four  degrees  of  meafure  alluding  to  the  four- fold  reftitution 
that  the  directed  manifeft  theft  was  to  have. 


Si  hi"  furti  ttarguatm.  feitirt 
Lex  I  vciotum  apud  Nicolaum 
Minim  Gentmm. 

Alciat.  in  U£>*H'..  f.  111. 

rUto  lib.  y.  de  Le^ibm  lib  ?]6. 
Gajus  lit.  7.  ad  Edit.  Trtvin. 
Digefl.  Ub.  9.  tit.  i.f.  iolt. 


Lance  ir  licit  dicebaur  afui  aniiaxt:.  jhi'j 
ijhi  fartnm  ibat  tjuarere,  m  dimum  alie- 
nam  licit  cinflus  mtrabat.  lancemqve  ante 
tenia  ttuebatt  fusj'ttr  matron  famitia  out 
vi^initm  [rafemiam.  Turneb.  adverf.  lib. 
JO.  c.  l|. 

(  a  J.Tholoff.  Sjntag.  Juris  lib.  37. 1. 1. 
ff.ij. 


Alciat  in  Legem  9,    Dt  verbtr.  fipufi 
f.t7. 


Luke  •?• 8- 
Joftpti.  lib.  16 
Antiq.  Judaica- 
rum.  1. 1. 

Grotius  in  Lena  19.  t 


M tniftflum  furtum .  qutd  nulla  alia  frt- 
baiuni  injipi.      Thelofl".  Uct  fracitatt , 
IT.  13     / 

V'rbum  reddendi,frt  dart. 
•igeft.  lib.  3.  tit.  1  f .  707 

Menfara  jujla,    nail  a.  faccuffata,  fafer- 
finens.  Grot,  in  It  turn. 


Et  furtum  turn  manifeftum  perdupli  compenfathntm  expiari  ~] 


Gajus /rt.  1,  ddidiSun  ,/fcdilium  Curu- 
lium  c.  45- 

D'gtd.  lib.  II.  tit.  1. 


In  duflum  ctndemnatur. 
Cilf.  358.  3<7,37i 


Atift.  Problem,  fell.  j«.«.  14 
Flato  lib.  9.  De  Lcpbm. 
A.  Gellius  lib.  11.  c.  18. 


Spelnun  Con- 


Nonmanifefiumefi^Htdmamfefiumnonefi,  fay  the  Lawyers,  that 
is  where  the  thing  does  not  prove  it  felf,  but  needs  fome  other 
proofs;  for  this  being  capable  of  evafion  and  excufe  or  fomethingin 
mitigation,  is  allowed  but  a  two- fold  compenfation.  Thus  I  finde  it 
among  theLawesof  King  Alfred,  and  fo  it  was  ever  among  the 
Ancients,  Ariftotle  gives  the  Law  tit  ^.v  ve  i«  fahavei*  *.Kt-U,&c.  If 
an]  onefio/e  out  of  the  baths  or  theatre,  or  the  lorum,  he  was  to  be  put 
to  death,  but  if  from  a  private  houfe,  he  was  to  refiore  onelj  twice  the 
value,  foiACo  Flato,  and  Age  Hi  us  confirme  the  law  to  be. 


Sed  Leges  Angliar,  neutrumfacinorum  illorum  mitius.  quam  committentis  morte 
puniri  permittuut ,  dummodo  ablati  valor  duodecim  denariarum  valorem  ex- 
cedat. 


CtfiaJJavtir  qui  nul  ad    juiigmcnt  de  la 
tntrt,fintn  larcenj,  (rt.  »<•  fa/lent  11  deni- 
er 1  de  fitrling.  Min.  Juftio  c.  4,  jf, 
Fleta  lib.  i.e.  j  |     Dt  lam 


This  I  fuppofe  was  the  law  before  the  Conqueft,that  Felonies  exce- 
ding  the  value  of  1 2.  pence  fbould  be  punifhed  with  death,  for  this 
is  grand  larcenj  cuflre  le  value  de  12  pence,  fayes  the  I.E. i.e.  1%. 
Anfwcrable  hereto  is  Eleta,  who  adds,  that  pro  modicis  deliclUptttj 

felonies. 


A  Commentary  upon  Fortescue. 


511 


/denies,  pi  Series,    hfs  &f  the  ears,  and  brandings  Veitb  a-red  hot  I- 
renwere  invented;   fox  though  ever]  little  ma]  make  a  miskje  ,    or 
in  Flita's  word?,  many  fni3l  larcenyes  "may  make  a  great  and  capi- 
tal one:  yet  for  one  tingle  theft  if  not  exceeding  the  value  of  12. 
pence  no  death  of  man  can  be.     Sir  Edward  Cock.  g>vcs  us  mucn 
learning  concerning  this,  lb  does  Valler  Stamford,  which  I  have 
enlarged  upon  in  the  notes  on  the  twenty  feventh  Chapter ;  for 
lince  the  Law  of  England  j.%  a  Law  of  juftice,  and  juftice  requires  de- 
ft nee  of  property  and  order,  which  theft  violating,  andtheeves 
growing  io  loofe,  that  thfjmakea  mcil^cf  fin,  and  delight  them- 
lelvcs  tabu/is  luforiis,  with  which  they  trifle  out  the  day  till  the 
night  tome,  wherein  they  aft  their  villany,  and  B»las\\kc,  are  fo 
l'rtten/d  ,  that  they  by  1  heir  deluding  ingenuity,    goe  inviiibly  , 
and  care  not  what  mifchief  they  engage  in,  I  fay,  this,  fo  peftife- 
roustothe  property  and  rofleflion  of  rightful  owners,  the  law  is 
nioft  fevere  againit,  whether  it  be  manifcl't  theft,  that  is,  the  thief 
taken  in  the  fact ,  or  not  manifclf ,  that  is,  proved  by  witneflesa- 
gainft  the  accufed  perfon,  if  it  doe   exceed   12   pence 'tis  death. 
Lor  ihough  many  ptiences  are  clergyable,  yet  not  felonies  of  theft  •, 
1  or  where  people  are  wa.  like  m  nature,  and  given  to  theft,  not 
to  punifh  it  capitally  ,  is  to  favour  it  more  then  in  relation  to  order 
ought,  which   the  Saxons  our  A nceftours  confides  ing,  were  fo  ri- 
gid againit  theft,  that  to  be  even  accufed  of  it  v/rs  decreed  capital , ' 
and  that  by  hanging  the  thief ,  which  ( a )    fives    fayes ,  the 
Lmrerour  Fredtncl  the  ;&;>4firftexamp!ed  Chriftendome  to.  Nor 
is  the  Law  of  England  to  be  accoumed  cruel  herein,  for  that  it 
does  but  what  the  wifdome  of  Legiflation  fuggefts  neceitary  to  ob- 
viate-national  impieties,  and  to  fecure  the  order  of  national  juftice, 
whieh,  other  Nationsas  well  as  ours,- have  in  the  very  cafe  of  theft, 
fo  alfo  doomed,  lor  though  great  and  vidorious  thieves,  that  with 
theEmperour  Conftantine  the  third,  ranfack^Rome  of  all  its  bra- 
ver] more  in  f  even  dayes,  then  the  barbarous  nations  had,  or  could  doe 
in  2J8  ]ears,     goe  off  with  the  fnjesoj  ftatel]    Capitols,  renowned 
jirfenali,  well  arrajed  ffarderobes,  vafi  Treafuries ,  and  are  flat- 
tered, when  fo  they  doe,  by  the  Oratorious  Panegyricksofadula- 
ti;  g  admirers  ■,  yet,  'the  thieves  that  are  inalterable  by  juftice,  are 
fatally  accounted  with:   fo  among  the  Indians,  Phrygians ,  Serbi- 
ans, fo  (b)  Draco  punifhed  theft,  and  for  it  (c)  Fabius  adjudg- 
ed his  Son  to  die,  fo  d;d  Strtorius  put  to  the  fword  a  whole  plun- 
dering Cohort,  and    (d)   Mark.  Anton]  put  to  death  the  thief 
that  ftripped  Brutm ;  his  body,  and  Pefcentins  Niger,  a  fouldier 
but  for  taking  away  a  henn  from  a  woman  ,   and  gave  her  ten 
henns  for  it.     Sundry  other  examples  of  fevere  inflitftions  on  theft, 
fohannes  Magnus,  Lr.doi  icus  Virues,  fovitis,  Ftilgofus,  and  Others, 
furmfhus  with,  all  which  fhew,  that  theft  is  an  odious  fin  ,  and 
the  Law  of  England  in  pur.ifhing  it  with  death^oth  but  what  other 
wile  law-makers  have  jn  the  like  kindc  done.    For  fince   perhaps, 
our  Nation  has  ever  been  addifted  to  theft,  and  as  amongft  the 
Jfanrians,   fo  with  us,  Lawes  ag?inlt  thelt,  as  the  reigning  fin 
ought  to  be  tart  and  fatal,  the  Lawes  fo  made  aid  executed,  are 
worthily  magnifyed-,  for  as  much  as  theft  docs  not  ontly  rob  the 
living,  but  even  the  dead,  not  of  their  fheetcs  of  worth  and  wir, 
in  which,  if  their  mortal  lives  had  their  due,  they  would  be  in  a  ' 
fort  immortalized    ( as  Theftorides  did   Homer's  verfes,    whileft 
hee  bribed  Homer  to  be  lilentin  his  arrogation  of  them  to  be 
his  j  and  Chrjfippus,  when  from  Etrjpides  he  dole  thofe  noti- 
ons that  AvoJlodormi  fayes  he  got  h:s  name  byi  and  Mcnander , 
whom  Eufebius   and    Porphyrins  charge  to  be  the  thief  of  the  an- 

G  g  g  g    2 


Ex  fliiralttate  tamen,  fr  cumuli  rr.t- 
duorltm  dcuclorum  patent  capitalil  j"m- 
tentiajenerari.     Idem  lib.prauot.  ' 

z  Injlit.  f.  1  jo  Expofit.  of  c.  15. 
of  the  1  Weft,  and  3  lnliitut.  pleat 
of  the  Crown  c.  :;y 

See  the  Sratut.  23.  H.  8.  t,  1,  3a 
H  i.  t.  J,     1  E.6.C.  il. 

De  Tabula  Lufiria,  &  luff  latrtnum 
Itgc  Tutncbum  adterf.  lib.  27.  t.  3. 
/.   1007! 

XTL    Jt*-raAif/i3>t'*'rt      cLKltSKbltt- 

t&,  Dion.  lib.  76.  p.  865. 

Siamford.  lib  2.  «.  41  • 

Civtt  furibut  HO'l  parcunt;  qui  furtifu- 
ern  acciifatm  ,  vtl  levim  fufpictonem  h»- 
buent,  iuauditiu  fufpenditur,  nee  purgan. 
di  fm  tempui  dotur,  &c,  Ro  eilius  in 
J?ym»nd.  Ue  Oipidu  ,  Cafirii.  #•  Vilbi. 
Ault.ix,  lib,  5,  com.  :i.  dial.  5.  p. 
53° 

'  1  )  Furtii  fufpevdium  addidii,  qui 
pcena  ttHiic  Mr  tu.'Opam  uttmur.  Lud* 
Vives  lib.  7.     tie  caiifti  cirrnptarua  ar- 

ti:i»;. 


Hyiicijuid  antiqui  even's  ex  are  &  war- 
mure  fun  .  qui. quid  eeu.'el  potutt  dele* 
Bare,  fullalum  aut  vi  rcvutfura  ad  va-' 
vii  dejerri  jufnt.  ut  plui  trnamtnttrurH 
ur.ul  fept:m  dierum  Jpacto  urbi  dttraxe- 
r it  qua? j  'Harban  2J«.  annorum  Jfaeio. 
Sabcllicus  lib.  4.  Enuead.  8. 

JUk.tf.ttlO,  Etlib.).  c,  e.  Nicolaus 
dem.tibut  Gentium  apud  itoblum  firm, 
4:.  Bonfiiiius 

(b)  A.  GclliusW.  n.  c.  18 

(c)  Alex  ab  Alexand.  lib.  i,  1.  it 

(d)  Sabcllic.  lib.  8.  Eanead.  6 

Ful gofus  lib.  2  Capite  de  re  militari 


Is  latrociniis  infamis  effe, 
Strabo  lib*  I.  Latrecinari  & 
rapto  viverefolites,fed  &for- 
taffis  gentis  vitinm  hoe  fttit. 
Alciar.  difput.  lib.  $.  c.  2a 
p.  189. 

Si  efhis  toSat  di  Chryfippi 
Itbris  aut,  alienafunt,  vacua, 
Ma  chart*  relintjuetur.  Zuih- 
geri  Theatr.  vitt,  human,  vol, 
16.  lib.  2.  p.  2389. 


cunt 


5U 


(*)  Cook  Vital 
£•,»»»•  3  lnltic. 
p.  im 

lice  \K«oi,Utdi 
7^<nnii  Jnd*i- 
r*m  c  I    £»(.(£- 

flOf.  . 

WaOcus  lit  s. 
<fr  Kiimrms  Hi 
trsmmC.  i<. 


Gajut  /it.  I.  In- 

flit. 

Mucianus  M.  I . 

Inftit. 

Digeft.  W.  I .  W. 

j.f.W, 

Tholoff.  Symag. 
lit.  14.  «.  7.  ff«»^ 


A  Commentary  upon  Fortes  cue. 

cient  Poets ;  and  f  lavius  theLiberrir.c  of  Apfius  Claudius,  by  purloining  bis  Vafic.s 
Works,  infinuaced  into  the  people  fo  farr  by  it,  that  they  made  him  an  <s£dilt  and 
Tribute  )  1  fay,  thefe  and  others  by  theft  do  not  onely  rob  the  dead  of  their  fhtcts  of 
learning,  but  evenof  their  winding- fhcets,as  that  mifcreant  (a)  Uajnes  did  {furto  imu- 
dito )  in  the  1  o  of  King  James :  good  rcafon  is  there  chat  fuch  Villany  fhould  doom  to 
death  the  Aftorsofit,  Dummodo  ablati  valor  dttodceim  denarierstm  valorem  execdat. 

■  Item  Libertinnm  ingratum  Leges  Civile:  in  prijfinam  redigunt  fervituttm  ;  -fed  Le- 
ges Anglia  feme!  manumijjHm,  femper  liberum  judical,  gratum  vel  ingratum. 

This  is  the  lift  inftance  wherein  the  Lawes  do  vary  in  their  fentence,  that  of  an  in- 

jjunini  fi*.V£  grate  Libtrtint.  Now  a  Libertine  was  fuch  an  one  at  after  juft  fcrvice  wo*  manumitted,  fo 

mV*»V"»»'"'  Gajtfs  defines  him  :   Mar.cianus  makes  Libertines  to  be  one  of  the  degrees  of  free-  men,  as 

Jngcnuem  men  are  the  other.     Three  forts  of  Libertines  the  I  awes  of  old  mention,  as 

therewere  three  degrees  of  Liberty  or.Manumiffion  :     1.  The  plena  Libertas,  which 

was  in  their  being  enfranchifed  Citizens  of  Rome.    2.    Latine  Libertines,  ex  Lege  Ju- 

nia  Norbana,  which  after  was  taken  away.     3.  The  Dedititia  Libert  as,  which  was  ex 

Lege  ts£lia  Sentiay  which  alfo  was  taken  away  :    which  way  foever  then  they  became 

Libertines,  the  Law  looked  upon  ingratitude  in  them  as  monilrous  and  pernicious. 

This  fhould  feem  to  be  one  of  the  Lawes  of  the  twelve  Tables,  for  Schottsts  writing  on 

that  Law,  That  everj  man  might  difpefe  of  his  own,  mentions  this  exception,  nifi  (it  nc- 

fii™"' tcnecx,  qttant  &  frodigus,   &  decotlor  hares  eft  fnturus,  ant  parentibus  non  obediens,  ant  dt~ 

p.  s5j.  r.iqne  ingratus  ■,    cum  &  fervas  manumiftus  eb  ingraft  crimen  in  fervittctem  retraha- 

w,  fo  He.    Sutable  to  this  are  all  thelnftancesofpunifh'menton 
Ingratitude  •,    for  Ingratitude  being  not  onely  a  Rebellion,  and  fo  as 
the  fin  of  witchcraft,  buc  alfo  an  abufe  of  love  and  freedom,  is 
therefore  fo  vehemently  perfecuced,  becaufe  it  is  an  unnaturality  in- 
confiftent  with  rcafon  and  moral  juftice,  which  caufed  the  Athenians 
to  enaft  that  memorable  Law,  wherein  the  party,  who  did  enfran- 
chife  any  one  who  was  unworthy  that  favour,  did  fupei  fedc  his  en- 
largement, and  call  him  to  his  bondage  as  the  punifhment  of  abufed 
goodnefs.     For  of  all  the  vices  none  more  unpardonable  then  ingra- 
titude, fince  it's  the  womb  of  all  enormity,  God  himfelf  is  offended 
with  it,  and  therefore  reproaches  Ifraels  immemory  of  his  mercies, 
Dent,  xxxii.  18.  fer.  ii.  32.  fer.  xxiii.  27.  Hofta.  iv.  6.  and  his  peo- 
ples wantonnefsinthe high-noon  of  them,  arfd  threatens  to  bring 
their  old  miferies  upon  them,  fer.  xvii.4.  io  amongft  men  ingrati- 
tude is  reckoned  as  the  greateft  provocation,  becaufe  it  takes  occafi- 
on  to  return  good  with  evil  •     hence  becomes  it  a  deformity  not  in 
all  perfons  onely,  hut  alfo  in  whole  Nations  guilty  of  it.    The  Jews 
God  fent  his  Son  to,  and  that  unfpeakable  mercy  they  contemned, 
and  cryed  down  the  holy  one  and  the  juft,  defiringaMurtherer, 
and  God  curfedth'em  with  blindenefs  more  then  Cimmerian.  Here- 
upon, becaufe  Ingratitude  is  fo  execrable,  Seneca  indtds  Rome  of 
it,  as  a  fpot  and  blemifh  fhe  could  not  eafily  wipe  off,  which  con- 
fidered,  the  Per  fans  a  wife  Nation  punifhed  no  offence  more  griev- 
oufly  then  this,   -which  thy  thought  was  an  unnaturalncfs  to  God,  the 
Country,  our  Parents,  our  friends  and  our  [elves ;   and  then fere  abo- 
minable to  aS  thefe  :   which  makes  me  to  conclude,  That  reduilitn 
of  Libertines  to  fervitude,  becaufe  thej  arc  ingraft ful,  is  a  moft  juft 
andnecefjarj  Law  for  thofe  places  and perfens  over  whom  it  is  parti- 
cularlj  receivtd  to  predominate. 
Yet  the  Law  of  Exglandis  otberwJe,  for  though  it  hate  Ingratitude,  ranking  it  a- 
mongft  thofe  fins  which  are  in  the  very  forlorn  and  main  Battalia  of  Hell ;   yet  when 
fervitude  was  in  being  with  us,  it  punifhed  it  not  with  reduction  to  fervitude,    be- 
caufe that  is  an  undoing  what  the  Law  has  done,  and  a  playing  fail  and  foofc  with  the 
ftates  and  conditions  of  men,  which  are  bond  while  manumiflion,  and  after  that  con- 
tinue free.    And  perhaps  cur  Law  is  fo  confi  ftent  in  this,  from  the  apprehenfion  it  ha* 

of 


Tholofl".  HI.  6.  C  1 '?.  f.  *»t  Dt  "iul 
&  feudu.  &  lib.  11.  c.  6.  ff.  5.  lit.  18.  c. 
lj.ir.y.W.  34.  <\1.  ff-4.  5-  w-3=-  r- 
1<5.  ff.  s.t't.  U.S. 6.   ff.  2. 


.SHpcrfcdu.  inqititj,  tt hdttrt  Civtm  taxi 
mwitm  impium  sfiimalntm,  »«  adduci 
pefem  ul  aidant  urti  miltm  aptm  dmi 
fultjlum  ctrm.  ~4li  ig'tm  &  ipl  firunl, 
tuu.«  Ittir  ifie  nifiis.  Valer.  Max 
tit.  I.e.  I. 


Sandt.Chryfoft.  apud  Stobacum 
Strm.  59. />.  130, 


Jpft  Tttfpukl.  nutm  infrdtn  in  opti- 
ma, iir  drvotifumii  fiki  fuirii ;  Camil- 
lum  in  ixdmm  mifit,  Scipionem  dimi- 
fit.  ixuUvit  pift  Caiilmam  Cicero,  dt. 
rnli  tjm  finatil.  til*  dinpln ,  f*Bnm  Cjfii- 
q.iid  riflor  Catilina  f'cifftt.  Sencc  lit: 
5.  DtTltiitfic.p.  25.   - 


KaJ  ma  ®ti(  *r  (mkiso.  a.- 
waT{l«/k,    ^    »iM<t   '«/7Si&S  <&*.£. 

Xenophon.  lib.  I.  de  InHit. 
Cyri.M-Cf-S- 


A  Commentary  upon   Fortescue,         -     515 

of  God's  abhorrenec,of  the  Je VV;  cruelty  and  hypocrite  in  Jeremiah's  rime  •  for  God 
having  commanded  them  that"  every  man  fbonld  kt  his  man-fen/ant,  and  every  manhis  ■ 
trttiid  fervent  go  free,  tbet  none  fieuldfcrvc  tbcmfelvestf  them  any  more,  which  they  O- 
beyed,  and  hTt  them  goe  :  But  afterwards  (fayefthe  Test)  they  turned,  And  caufed 
the  jervants  andthi  handmaids,  \\>hom  they  had  Ut  got  free,  to  return,  anct  bronght  them 
into  fubjt&hn  for  fervants  and  for  kind- maids  ■,  which  aft  of  recefs  from  their  lenity 
and  julliec  to  their  fervants,  God  took  fo  ill,  that  he  for  it,  Proclaimed  Liberty  for 
them,  to  the  Swd,  to  the  PefiiUr.ce,  and  to  the  Famine ,  and  I  ^ ill  make  you  to  be  re- 
movedintoalltht  Kingdoms  tf  the  earth,  verf  17.  By  which  fad  return  of  their  cruelty 
and  unmcrcyfulnefs,  we  are  told  that  God  loves  no  double  dealing,but  delights  in  ■ 
righttousncfs  pcrfifkd  in,  and  mercy  thoroughly  extended.  And  thisl  fuppofe  may 
be  feme  ground  of  the  rcafon  of  the  Law,  which  manumits  once  for  all ;  ibr  if  the 
Lo:d  docs  enfranchife  his  Villain,  he  mu ft  be  free,  revillain'd  he  cannot  be,  Becaufe 
the  Lord's  aft  Jball  be  eonjtrned  rreft  forcibly  againft  himfelf ':  and  no  new  Villainage 
can  be  made,  licet  grat  us  vel  ingratus  ft  Libertinus,  faith  our  Text.  For  as  when  Vil- 
lr.in.gt:  was  in  Exg/and,  Villains  could  not  out  their  Lords  of  their  rights  in  them  by  a 
Writ  of  Libert**  pnbanda,  but  that  their  Lords,  notwithstanding  fuch  Writs,  might 
ftife  the  bodies  of  kit  h  Villains,  Stat.  25  E.  i.e.  18.  and  obtain  their  fervage,  1  R. 
2.C.6.  a  A'.  2.2.  fouhen  Villains  are  libertin'd  to  reduce  them  by  a  retrofpeftion  to 
tiki:  Veffalag?,  was  ( I  fuppofe  ^utterly  againflthe  Law,  which  accounts  once  Va  11  dene 
ever  dtr.e,   and  forfeits  freedom  upon  no  account  but  difloyalty, 

Alii  ejucquc  funt  hkJHivtodi  caftti,&c  3  Thefe  and  fundry  other  cafes  there  are 
wherein  the  variation  of  the  Lawcs  do  evidence  thcmfelves  •  but  the  Quotation  of 
thefe,  astheChancellour,  fo  his  humble  Commentator  enlarges  not  upon,  becaufe 
they  are  no;  of  very  great  moment,  nor  require  any  elaboration  in  the  treaty  of  them, 
but  oncly  ferve  to  the  compleatnefs  of  the  Dialogue,  i»  which  the  Prince  is  introduced 
by  our  Tcxt-MaQcr  in  the  following  words. 


Seft.  172.  1. 1 1. 


CHAP.     XL  V.I  I. 
Princeps.     Nee  expedit,  Canecllarie,  in  his  mttltum  fudare,  &.C 

TH1 S  Chapter  is  but  as  fome  others  before,  tranfitional  to  what  is  fubfequent  •  for 
the  Chancellour  having  in  the  46.  Chapter  (hewed  the  difcrepancy  of  the  Civil 
and  Common  Lawes  in  determination  of  Theft  and  F.nfranchifement,  in  which  he  con- 
ceives the  Common  Lawes  to  be  more  terrible  to  Theft  and  more  indulgent  to  freedom 
then  the  Civil  Lawes  are.  The  perforated  Prince,  fatisfled  withtheroainofhisaflcr- 
tion,  requefls  his  pretention  ot  what  might  further  be  alledged  in  this  cafe  •  and  to 
proceed  to  fatisfie  him  why  the  Lawes  of  England,  tam  bone,  becaufe  fo  jolt,  tamfrn- 
gi,  becaufe  fo  temperate  and  futable,  tam  optabilrs,  becaufe  fo  tuitive  of  freedom,  which 
every  man  naturally  loves,  are  not  tauglu  in  Univerlities  as  Civil  and  Canon  Law  »iH. *•»*'*! 
is.     This  is  the  fummc  of  this  Chapter.  • 


C  H  A  P.     X  L  V  I  I  I. 

Cancellaritu.      In  Vniverfttatibm  Anglia  ncn  doeentur  Si  tent  it,  nift in  Lingtt* 
Latin*. 


,the 

nrp  Ctrpora  tmm»m    tonfliwit  VnUriirum. 


AS  MechaniqHes  and  Societies  of  trading- men  had  among 
Greeks  and  Romans  their  Corpora,  or  Guilds,  or  Halls, vthti c- 
ro  they  refortcd,  and  in  which  they  met  for  consultation  about    ^2iZZ"^m.  bSSTZ'j®  p*fil',fZ' 
their  Art^    fo  have  the  Liberal  Sciences  had  their  places  of  Con-     <w<«  Alius  Lamprid.  «sercto,  />.  ti^ 
vrntion.callcd  by  fomc  Aead!mies,by  others  Scboles,  and  here  Vni 


verities 


54- 


A  Commentary  upon  Fortes  cue. 


Ttniim  in  bu  emientrunt  commumttr. 
•i  T^tri  nannaretnr  is  parte  Vruverfitaiu 
mtMdnc{tiinmdiliimiem  tapertt.  M.  Puis 
i>Hif  >»J 


ff.  18.  m. '.  «• 

IT.  :.  Iib.ti.c.  16- 


verfuies  i  fo  Stat.  3 .  H.  8.  c.  11 .  1 4,  1 5  H.  %  c  5.  j  3  J//*  r.  1 7 . 
18  .£;<*..  e.  <?.  2  &  3.  /'foV  &  Maryc,  15.  13  JEAi.  c.  ao.  in  which 
mention  1$  made  of  Vuivt rfities,  as  a  name,  not  oncly  of  number 
and  multitude,  but  of  that  which  1$  r.num  mum  •,   fo  ALitthtw  Paris 
mentions  Vniverfitas,  and  fo  the  Civilians  take  it  ftnfu  complexo  & 
capaci,  for  Tholoffanus  his  words  arc,  Vnivtrfitatis  diets  eat  ant  urn 
am  Communia  funt  munieiptbus  ejus  loci,  vel  Civitatis,  nt  Stadia, 
Theatra,    Pajcua,  Ncmora,  &  id  genus  fimilia  :    fo  that  Univer- 
fities,  in  our  Texts  fehfe,  are  places  fet  apart  and  privilcdged  tor 
learning  and  learned  men,  there  to  rcfide  and  ftudy  for  the  fervice 
of  the  Nation  in  Church  and  State.     And  as  Univerfuies  in  general 
ire  defigned  for  th.s  ufe  by  the  bounty  of  Kings  and  fovereign  Prin- 
ces (  vc re  tar  urn  I'arcntes  &■  conditorcs,  faith  (a)  Cboppinns  )  fo  have 
the  Vmverfitates  Anglia  been,  and  accordingly  have  proved  ¥  cra- 
fts lngeniorum  &  Artium,  not  onely  to  a  proportion  with,  but 
to  degrees  beyond  any  other  Univerfuies  (  I  think  )  in  any  Nation 
of  the  World.     Inthefe,  faith  our  Text,  Doeentur  Sennits  Like- 
rales'}  Thclie  Liberal  Sciences  the  Ancients  had  a  great  value  of  .- 
Sfnuu  calls  them  Meritorious  Artifices ,   wry  profitable  if  they  fervt 
for  preparation  to  greater  thittgs,  and  do  not  intangle  and  detain  the  mind 
inthem%  prejudicating  it  agatnft  all  other  neceffary  acquirements  ;  for 
though  he  were  a  very  great  Admirer  of  and  proficient  in  thefe  Li- 
beral Sciences,  yet  he  forbears  not  to  avocate  men  from  doting  on 
them  further  then  is  convenient,   Becaufe  they  art  fubjetl  to  abufe, 
and  are  often  imperative  in  their  great  eft  Maflers  astothofe  ends  of 
virtue  which  they  Vntre  primarily  mended  to  promote.     For  fince  the 
Philtfepher  calls  them,  Habits  and  means  to  demonftrate  things,   and 
fayes,  The  chief  end  and  noble  ft  perfeltitn  of  them,  cenfifts  in  their 
conduit  of  men  to  a  mfdom  of  mediocrity  in  aH  their  aBions,  they  are 
'H  j2  ifx*«pf*  -nx^ ,«*•'"     to  be  cheriftied  as  the  fruits  of  practical  experience,  by  which  a  right 
urn,  lib.  1 .  Metaph.  c.  1 .  judgement  is  made  of  things,  and  a  right  method  profecuted  to  the 

obtaining  of  what  is  excellent  in  them,  or  what  excellence  may  be 
wrought  in  us  by  them  .-  for  this  is  the  rcafon  why  the  Arts  profef- 
fed  in  them  are  called  Liberal  Sciences,  becaufe  they  rightly  under-* 
ftood  and  improved,  deliver  the  minde  from  the  bondage  of  igRO- 
rance  and  the  villainage  of  paffion  anderrour,  and  makeitwife, 
fublimtf,  courageous,  generous,  and  what  not,  which  is  excellent 
and  unvulgar. 

Concerning  the  number  of  thcfc,fome  variation  there  is  between  the  calculate  of  An- 
inMnftiHj'u.    equity  and  later  times  •,  nay  even  in  thclater  computation,  *  Claudius  Clemens  reckons 
among  the  Liberal  Arts  and  Sciences  Architeil,  Hunting,  Hacking,  Printing,  Graving, 
fainting,  &c,   which  I  tbink  are  not  admitted  but  under  other  heads  by  moft  of  the 
Learned  befides  bimfelf.  The  Ancients  by  the  Liberal  Arts  underftood  Gjmnaftira,  cor- 
poral exercifes  preparatory  to  foulary  ones  -,  Rhetor ;'^«c,which  made  men  expreffe  their 
mindes  aptly  •,  poetry,  which  excited  and  magnified  the  fancy  to  all  height  of  concep- 
tion and  variety  of  fancy  -,  Arithmetic,  which  taught  the  ufe  of  Numbers  -,  Geometry, 
>  i^Mi'sbim-  which  treated  of  the  pofition  and  circumference  of  the  Earth  •,  (a)  Mujiquc,  which 
eofis  ht.  1.  c.  o.  taUghttheufeof  Notes  and  Sound-,  Philofophy,   which  treated  of  the  whole  latitude 
tm.*&i*.".caS.  of  Nature,  Morality,  Ethiauts,  Pilitiaues,  Oeconmiqucs  ;  thefe  were  the  liberal  Sci- 
•  ences  which  in  them  we  read  of.    But  thefe  I  think,  though  ineffeft  what  our  Text 
fayes,  Doeentur  in  Vniver(itatibus~]  are  yet  not  fet  down  in  the  very  method  they  arc 
mentioned, there  profeffed  •  for  the  Liberal  Sciences  therein  are,  Divinity,  phyfick,  the 
Civil  ard  Canon  taw,  Philofophy,  Hiflory,  the  Mathcmatiques,  Mufique,  which,  to- 
gether with  all  the  Appendixes  to  therrt,  are  profeffed  there  and  taught  therein. 

.  Nemifi  Lingua  Latina~]  That  is,  The  Latine  Tongue  is  the  moft  general  language 
in  which  their  Leftures  and  Authours  are  read  and  written  ■,  for  though  Hebre\\>  was 
the  language  in  which  all  the  Arcana  of  wifdom  was  written,  as  after  the  Greek, 

tongue 


Tholofl*.  Ilk.  j  j 
15.  0.8.  lib.  3.  ' 
fl".7./i*.l7  c.  6.  ff.48. 


Digeft.  <'i.  ?.»».  4-  A"-  7«  ?•  *°9-  ''*•  '• 
tit.  tUf.  n. 

Bartholin  Digeft.  ^4.  tit.  %.f.  517. 

Digeft.  lib.  5  tit.  4.  p.  4°5. 

Lib.  6.  tit.  1.  f.  8u.  &  lib.  18.  tit.  I. 
f.  «711 '»  Af4iy. 

Forner.  in  Lt£im  1  J.p.  45-  &  >"  Ltgim 

faJChoppinus tib.U Dt Dtnumi  Frtn- 
tis.p.  <86. 


MiritnU  ^InificU  fmt  btSmm  tut- 
lit,  fi  frtparuii  injniim,  n>n  ditincnt. 
If.  it. 

^n  ttt  quicijntm  in  ifiii  credit  bcni.tpu- 
ritm  Trtfeffarit  turfifiimei  tmiiti  *c  fiagf 
tufijlnr.es  ctrmi.    litm  toitm  loct. 

Moribnsc.  3. 

Ug)(  71  (Audi    jSAiT^unj     ty 
•if  ikn  Aytaa.  ti.'i^y-.  Lib-  2. 


dm  Bihil  tnimu  »$«"«  m*>Hi  fottjl.  "i\» 
dimtnti  fnnt  mfir*  non  Opera  Se\£*re  Li- 
bertlia  Studut  di$A  fmt  vidts.  cj«ia  he- 
mine  fin  dign*  fnnt  ;  C*l»»m  uu»m 
Studmm  ««  Liberate  eft  qmd  lilerum 
fenit,  hccfapieniia,  fublime,  fine,  magna- 
mmum  ;  caterafafill*  drfuirtliafint.  Se- 
iec.  Ef.  88. 


p  401. 


Lege  Muietum 
in  Ep.  88. 
Senec.  p.  390. 
Edit.  Mag. 


j  f  h  n* 


^.Commentary  upon  Fortejcue.  515 

rorigue,  when  its  Empire  flourifhcd,    was  the  moft  admired  .-   yet  in  the  Triumph  of 
xheLatine  Empire,  and  its  prevalence  over  Nations,  all  applications  were  in  the  Vi- 
ctors language,  and  all  the  Sacrifices  of  Servility  to  the  Idol  ofiuccefs,  though  it- 
were  really  fhort  of  that  which  gave  way  to  it.     Seneca  feems  to  avouch  this,  who, 
though  a  pure  Latinift,  and  one  whom  partiality  would  have  enclined,  if  ingenuity 
were  confident  therewith,   to  admire  the  Latine  tongue,  which  was  in  a  fort  his  Mo- 
ther-tongue •,  yet  heroiquely  profeffes,  That  itVvas  but  narrow  and  fhort,  net  capacious  5»«"«  •»"•'■ 
cnoug b  to  admit  the  expreffion  of  his  minde  in.     But  alas  the  Latine  tongue  is  fince  ad-  Zm  fsT/Js""jL 
vanced,  far  to  that  prifca  &  condita  Latina  which  the  Aborigines  and  eldeft  Latines  <?«<"»»"<*« i»*m 
under  funo  and  SaturnukAf  and  that  which  the  Italians  ufed  from  Latinm  and  the  o-  \t"^''%n"1' 
ther  Tufcan  Kings,    in  which  Latine  the  Law  of  the  twelve  Tables  was  wrote,   and  the  caiianaus  V*. 
Roman  Latine,  which  after  the  determination  of  their  Kings,  they  ufed  under  their  '"'•  $h  •**** 
Arifiocracj,  to  all  thefe,  mixed  Latines  (  which  came  in,  when  the  Empire  had  many  p  5°$'   • 
Nations  admitted  into  it,  who  brought  their  Idioms  into  ufe  with  $em)  made  addition 
by  which  though  the  language  may  be  decoded  and  fomewhat  abated  in  the  flrenuity 
and  elegancy  of  it,  yet  is  it  more  capacious  and  large  as  thofe  additions  have  been  con- 
tributions to  it :  and  though  the  generalnefs  of  fpeech  be  not  fo  elegant,  yet  the  La. 
tine  of  learned  mens  writing  and  fpcaking  is  yet  polite  and  truely  Roman.  I  know  Tullj,  itafmu  &  ftp, 
that  Eloauentia  human*  flumtn,  is  no  friend  to  the  opinion  that  the  Greeks  tongue  is  */*""«  £*««■ 
more  copious  then  the  Latine,  but  calls  it  a  vulgar  opinion,  afferting  the  Latine  more  t"f "».*«»  «T«t 
copious,  which  whether  it  be  or  no  I  leave  to  the  learned  to  judge,  concluding  it  in  g°pfrtm,ftdu- 
our  Chancellour's  fenfe .excellent  as  it  is  ia  the  general  the  learned  Univerfity-  language,  c$"'^ q\l*m 
In  anibus  decentur  Scientia.  cam.  t  <u  Fw,  ij< 

Et  Leges  Terrtillius  in  triplici  lingua  addifcuntur,  viz..  Anglica,  Gallica,  & 
Latina. 

Thefe  Ltgts  Terr*,  what  they  are,  I  have  (hewed  in  the  Notes  on  the  ninth 
Chapter.  In  that  they  are  faidtt)  be  taught  and  learned  in  three  Tongues,  it  fhews 
the  mutations  States  are  fub  jeft  to,  and  the  different  Methods  they  take  in  different 
times  ■,  for  the  old  Saxon  Lawes  were  written  in  the  Saxon  tongue,  and  probably 
the  Cuftoms  of  England,  called  our  Common  Lawes3  being  contemporary  there- 
with were  recorded  in  Saxon  :  but  when  the  Conquerour  came  and  prevailed,  then  in 
came  the  French,  with  a  powder  as  we  fay,  and  every  thing  was  done  and  faid  a  la 
mode  de  France,  Non  permiferunt  ip ft  eorum  Advocatos  placitare  caufas  fuas,  nifi  in  lin- 
gua quamipftntverunt']  that  is,  in  French  ■,  and  this  he  did  to  declare  his  Conqueft, 
fince  change  of  Lawes  and  Language  are  tokens  of  plenary  Conqueft.  For  though 
I  know  toe  Conquerour  retained  and  confirmed  the  major  part  of  the  Common 
Lawes,  waving  thofe  parts  of  them  onely  wherein  they  put  any  thing  of  his  abfo-  si(Ed  ,tlkVtfm 
Iutenefs  in  danger  ■  yet  in  as  much  as  he  had  them  all  under  his  power  and  they  were  flee  to  the  i  t& 
new  chriftened  and  had  a  French  name  given,  whereas  they  were  written  in  Greeks, 
Saxon,  or  Latine  before,  they  may  well  be  faid  to  be  in  this  fenfe  changed  as  to  the 
declaring  him  a  Prevailer  over  the  Nation,  and  as  to  the  introduction  of  the  French 
Idiom  put  npon  the  Lawes,  not  onely  in  the  books,  but  from  the  mouths  of  the  Advo- 
cates pleading  :  fo  that  France  being  brought  into  England,  and  the  cuftoms  of  Nor- 
mandy, which  were  faid  to  be  originally  but  tranferipts  from  our  old  Greek,,  BritifJt, 
Latine,  and  Saxon  Entryes,  become  currant  here,  and  pleaded  as  in  France  in  the 
French  tongue,  there  was  a  great  progrefs  made  to  the  funeral  of  the  Englijb  language. 

Conftmiliter  Gallici  pofi  eorum  adventum  in  Angliam,  ratiocinia  dt  eorum  Proven- 
tibus  nun  receperunt,  nifi  in  prtprio  Idiomate. 

As  the  Pleas  in  Courts,  fo  the  accounts  of  their  Lands  and  Offices  they  would  not 
take  or  admit  but  in  French  •,  not  that  they  underftood  not  Englifi,  for 'tis  probable 
in  a  fhort  time  they  did  that :  but  becaufe  they  would  retain  the  memory  of  their  title 
to  England,  and  by  the  old  language  difcarded  and  a  new  one  introduced,  tell  the 
Natives  they  were  Tenants  at  will,  and  would  reduce  their  proud  ftomach  totheply- 
ablenelioftheprrwfcPeafant.     For  though  probably  they  had  Englifi  Drudg-Bay- 

hffs 


5©8  A  Commentary  upon  Fortescue. 

liffs  who  did  gather  in  from  the  feverall  Farmers  their  rents  and  incomes ,  and  who 
converted  with  the  renters  of  them  in  the  Englijh  tongue  ;  yet  before  the  French- 
Monfieur,  who  was- all  agog  on  his  native  fpeech,  the  accounts  muft  be  in  French 
cermes  andin  a  French  method,  which  had  it  beenbecaufe  the  French  underltood  nor. 
whether  they  had  right  done  them  or  not,would  have  been  excufable,  but  when  it  was 
purely  out  of  defign  to  difhonour  our  nation  &  language  would  never  have  been  borne 
but  that  neceffityhad  no  Law.  For  men  being  born,  muft  be  kept,  and  living  under 
the  regency  of  providence  which  circuma&s  Governments  and  things  as  moft  dis- 
covers the  abfolutenefs  of  God,  (who  permits  their  variation  as  farr  as  he  pleafes  and 
when  he  will  reftraines  them,)  having  a  ftrong  and  not  to  be  denyed  invitation  there- 
to, not  to  doe  it  were  to  undoe  themfelves,  and  to  differve  as  much  as  lyes  in  them  the 
future  revolutions  of  good  that  God  had  decreed,  emergent  in  their  proper  feafon, 
which  confidered,  the  French  Mafters  not  willing  to  receive  their  rentals  but  in  French 
termes,  their  then* Englijh  Vaffals  did  well  to  obferve  them,  and  thereby  to  make 
a  virtue  of  necejftty. 

Venari  etiam  &  jocos  alios  exercere  «t  talorum  &  pilarum  ludos  n»n  nijiin  propria 
lingua  dcleltabantur. 

A«  military  acYion  in  time  of  Warr,  fo  hunting  in  peace  is  a  generous  exercife,  if  it  be 

wfed  generoufly  ^  for  though  the  venatit  opprtfftva  hominnm,  which  Nimrod  ufed,   be 

tyrannous  and  execrable,  and  Maximinus  that  exercifcd  whole  legions  in  it,  that 

thereby  they  might  be  moft  accurate  e  xecutioners  »f  torments  en  hisfub- 

g.ii,  v,n*ti.n*m  Ugkm, firmer «-      ■  ff      hj>  y  tkem  ^rf  Urr^e  tf,t  people,  that  thej  prajed  he  mifht  ne- 

erceint.  SenMm  e»mt*nt»mtmMit,»tv»-      J         '  I  J  '■  '     '     >  .-'"',,  ,     P,,, 

u  in  Timfiu  public,,  priv<uimHue,  m>4it-  ver  return  Jaje  ro  Rome,  w>o  thought  the   Empire  could  not  be  held  but 

rc,  num  enrnfms  'Mem  famm.  ne  iUe  j_  crueltj  To  nfc  hunting  as  a  hardning  of  the  heart,  and  an  induction 

^";;XR°r^/^;^  t.  all  mmikfafs  on  men  by  the  affuefcenc,  of  it  to  the  aitors  of  it  on 

mn  teieri.   Julim  capitelinus  »  vit*  beafts, as  Capitolinus  reports  the  cuftome  to  be, before  chief  taints  went  t» 

^vnTeit^fi^trefic-fienre,  eui  the  wars  is  jnftly  to  be  condemned.  I  hy  though  this  kindeof  cruel  and 

ieiium  imperatere,.  munui gUdiiurmm  &  vild  hunting  has  many  pretenles  of  p'aulible  advantage  in  it,  wch  Su- 

v*utm  i«nt.  idem  i»  Maximo  &  Bai-  risburicxfis  (a)  mentions.and  though  men  of  good  confeiences  cannot 

hla(l)'uti, ,.  4.  />«!««"  curiai.  ufe  or  delight  in  it;yet,that  hunting  which  is  faltuofa^hhcr  of  beafts 

of  prey,  or  birds  of  wing,  five  fiat  propter  necejptatem  iudigentiaja  a 
way  of  livelyhood,  Jive  propter  uece/sitatem  violentia,  or  ro  deftroy 

J^^StT^SLt-  thofe  that  would  deftroy  cattle  and  fruits,  or  propter  utiUtatem  for 

vire  in  kejti*s.  sarisbut.  in.  i.  c  4.  De  food  to  eate,  as  in  thofe  Gountryes  where  no  butcheries  are,  but 

"•*"  enndmm.  every  man  kills  for  his  own  ufe,   they  are  all  lawful  unlefs  immode- 

•Hec  ttnei  nee  nit  eu  ventndam detent  rately  ufed,  and  unlefs  municipally  prohibited,  as  in  France  they 

Mere  nri«u.  ne  »b  *Srie»itura  n.cen-  wh0Uy  are  to  the  peafant,   who  date  not  keep  a  Grav-hound     or 

nnw  diver  f  mar.   loW.  de  flatcam  /  '    .    ,  J  ..'         1  ,.     ..,.  i_  •       i_  \-  ■ 

Zmin.  c*p.de&e,n,iA.  1 1,  mungrel,  but  muft  manide  and  mutilate  them,  as  in  the  verge  of  the 

forreft  has  here  often  been.  Though  therefore  the  husbandman  is 
%C3£KL«te»*  »    as  bcf°rc  !  have  (hewed    kept  (hort,  yet  the  nobleffe  is  left  free', 
,ejt*.  venari  he  may,  where  and  when  he  will,  fo  he  obferve  bounds,and 

it.  Hi*,  c  10  doe  no  wiiful  trefpafs  ;  for  as  no  man  of  what  degree  foever  ,  may 

hunt,  when  the  corn  is  upon  the  ground,  and  the  feilds  clofed  up,  unlefs  in  his  own 
ground,  or  in  Chafes  and  Parks  by  leave  of  the  owner  of  them.-  fo  no  man  can  be 
(as  1  conceive)  denyed  to  hunt  (  excepe  within  the  verge  of  the  Kings  houfe,  and  in  de- 
ftruftion  of  his  game,who  is  the  high  Lord  of  the  Nation)  unlefs  he  be  of  bafe  condition, 
and  not  able  to  live  in  theftateofa  worfhipful  man,  for  whom  onely  this  recreation 
of  hunting  is  proper,  fo  is  as  I  humbly  conceive  the  intent  ofthe  ftatute  of  ijic.  2. 
c.  i3.?.£»6.  c:  17.  1.  H.7.C.7.  19.  H.  7;c.  11..31.H.8.A  12.32.  H.8f.  11.  when 
ever  then  Lords  and  Gentlemen  hunted,  either  with  kennel  hounds,  Fox  dogs,  or 
courfing  hounds,  whether  buck  or  hare  ( For  wilde  beafts  we  never  had  in  England  , 
at  leaft  not  in  our  ChanceUours  time,  our  Text  tells  us ,  they  did  ( before  E.  the  third's 
tune  at  leaft)ufc  all  venatory  phrafes  in  French,  and  this  they  did  to  bring  their  exer- 
cifes  into  a  French  method,and  I  wifh,  that  now-a-dayes,  though  the  French  terms  be 
obfoleted,  yet  forein  humours  did  not  too  much  pofTefs  many  of  our  young  Gen- 
tlemen, who  think,  nothing  fo  generous  a  quality  in  them,  as  to  be  fierce  and  inde- 
fatigable 


^ Commentary  npon  For  t  e  s  cue.  517 

fatigablc  in  the  chafe  of  beafts,  and  I  would  to  God  they  would  confidcr,  that  as  they  YZt^a'tu 
are  by  their  fubhmity  of  bloud  and  plentiful  fortunes,  advanced  above  others,  fo  in  ?.„,,"  frZJwi 
Sarisburienfis  his  words,  They  Would  f  refer  the  [olid  good  of  the  publicly  before  their  fie  a-  "*"  ™p>fi>" 
furable  tojes  -,  And  lay  alide  follies,  tn  promote  the  great  consequences  of  peace  andtvarr.       'tttVnnJ"'ab*T. 

cap.  £    ad  jinem. 

Etjocos  alios  exercere~\  As  their  bodily  exercife  was  Trenchlj,  fo  their  wits  activity  j,ct&r„Ucm. 
was  alfo ;  for  they  ufed  to  be  pleafant  and  facetious  in  French.focut  ~}  is  by  TuSy  oppo-  mm.  cicx.M 
fed  to/f rium,m&  therefore  all  nugatory  behaviour,exprefled  in  words,  is  expreffed  by  *'"!i"'-/. ,    '   '. 
illtberalis jocus^hence  infanus jocus  in  Claudianjafeivus  jocus,  favus  jocus  in  Horace,fe-  Emrop. 
cms  venenata*  &  tnrpis  in  Ovid,ycs.  the  holy  text  feems  to  brand  this  (infill  airynefs,  as  2  Tlift-  »IJ> 8* 
arguing  fome  effrontery  and  fettliag  apon  the  lees  of  fin,with  delight  and  contentment.  Prov_ ,.  v  6_ 
Je«/f  /  ftith  the  Wifeman,  fw<*/fcf  <«  »«*/(;  of  fin.  Yea,  I  am  apt  to  think,  that  becaufe  feru- 
falem  did  not  put  on  mourning  thoughts,  and  had  not  an  humbled  fenfe  of  Gods  vifita- 
tion,  but  in  the  day  of  her  affliftion  and  of  her  mifery  remembred  ah  her  pleafant  things  Lam- I  v-7 
tbatjhe  had  in  the  dayes  of  dd.,  therefore  God  notonely  obduratedher  enemies  hearts 
againft  her,  but  fuffered  them  to  mock,  at  her  Sabbaoths.  Though  therefore  there  be 
much  folly  in  this  mirtr^yet  isitthat  pleafantnefs  of  humour  which  many  delight  in, 
and  for  their  excellency  in  fmart  and  iacetious  fpceches  are  highly  valued  :  This  alfo 
the  textiaies  was  uttered  in  French,thit  both  earned  and  jeft  might  be  in  that  language. 

Et  T alarum  &  Pilar urn  ludos  non  nifi  in  propria  lingua  delcleabantur  ~\ 

The  mind  of  man  being  reWefs,and  choline  rather  employraent,then  mufing,antiquity 
invented  the  difports  of  Dice  and  Ball.  Thefe  dice  are  by  the  Latines  termed  Tali, 
fromTa.'tu  the  anckleboneof  the  foot,  or  thepofternboneofabcaft,  ofwhich,  they 
were  wont  to  make  thefe  Dice;  whence  our  Proverb,  when  one  will  adcroeltyona 
roan,  they  are  faid,  to  make  Dice  of  his  bones :  this  is  near  of  kin,  in  the  nature  of 
the  word  to  that  game  of  Cock-  all,  which  boyesufe  amorgftus,  which  Cock-all,  isas 
muchasjWwWr*^*//,  asaCockiioeswho^i&orying,  has  not  onely  the  praife  of  Jar£'',J'£Z  « 
all ,  but  wins  all  thats  laied  on  the  match  by  the  Abettors  againft  him.     This  is  vrUi  »»■  firm. 
Cock-all-,  hence  Tahrum  ludi,  is  that  caftofthe  dice  that  carries  the  game  and  wager.  jt*»»- vajtafiM 
Now  thefe  Talorum  l-.-.di  are  things  of  fattive,  as  the  other  were  of  verbal  recreation,  l«1'  V  >««  mi 
and  Tullj  commends  thim.Vehen  moderately  and  without  injurie  to  grave  things,  and  farely  lHidtm  '""  *». 
though  'cis  good  to  keep  the minde  alwayes  well  employed,  and  thelefs  levities  doe  r^«°t,m."i't"'fi 
avocate  men  from  ferious  thoughts  the  better  is  the  heart  made ;  yet  harmelefs  and  p*vibui  caump, 
decent'recreations,  whereby  relcafe  is  given  to  thofe  aufleritcs,  is  very  neccflary  and  Zm'.^'foffic 
lawful,  and  not  to  doe  it,is  a  kindc  of  homicide  and  felf- felony.  For  as  God  in  point  of  p<-y3iw»  </igt- 
duty  commands  us  no  more,  then  we  (if  we  will  put  our  felves  out  to  the  nfmoft)  are  ™'  h°m'i"du-  J"*' 
enabled  to  doe,  nor  in  point  of  fuffcring,  layes  no  more  upon  us  then  we  are  able  to  "mdl '/««.' vu 
beare^  fomen  ought  not  to  be  more  vexatious  to  themfelves,  and  put  greater  bur-  d"nr  im '«***■ 
thens  and  harder  lawes  of  reftraitit  on  themfelves,  then  may  confift  with  the  hilarity,  ^* '^''ZTu 
as  well  as  fincerity  of  piety.     And  therefore,  though!  am  no  delighcer  in  thefe  lufo-  m<»  *$%*>&; 
ry  recreations,  but  notwkhftandtng  my  general  and  long  converfe  with  men  of  all  £"V'l°udsW 
Ages,  fafhions,  addidions,  fciences,  anryet  defignedly  and  in  prof-quutionofalong   j*.r.i./.4 
determined  refolution,  a  novice  in,  andftranger  to  all  play,  being  wholly  ignorant  of 
thetermes,  method  and  delight  of  it,  and  i  hope  as  happy  in,  and  as  contented  with 
the  ignorance  and  unfurprifednefs  of  it  as  any  Infant  is,  or  as  the  moft  captivated  lover 
of  it  is  with  the  witchery  of  it^  yet  doe  I  not  difapprove  the  recreation  that  pcrfons  of 
worth  and  wifdome  take  in  it,  but  rather  believe  it  as  wifely  and 
worthily  by  them  ufed,  to  be  harmelefs  and  practicable.  Whereas 

then  the  lawes  doe  forbid  play  that  depends  on  chance,  fuch  as  are       stjoc*,  tjiud*,  htntfm  aniiuflmi: 
Dice,  Tables,  Cards,  which  are  all  cev.x  d'  hazard,  yctdoe  they    f*TT"  **"!*■»•  "f"*fl*  «*■*«- 

^i                        ',                              ,.    .           .      c         ,     ,                         1      t          1           11-    .  l»t  mdaita,  a   qutlns   tmnqnam  travti  &■ 

doe,  upon  the  account  of  the  abufe  of  them  ,  and  the  dreadful  <„d*,ivm  /«.  &  um?o,<  «»w„  at. 

events  that  they  have  had  (vch  ssiwe  vain  expercecf  time, and prodi-  *•"««««•  Tholoff.  symag.  Jmis /«« 

galitj  of  fortune,  Oatht  and  blafpheming  of  God  ,  pajfions  and  sjuar-  F"u""'' 
rels  amongft  men,  proftituticn'fthe  pudicity  cf  Ladjes,  who,  by  tQO 

much  familiarity  contracted  thereby,  give  occasion  to  their  affections  u™>  '<*  19.  «ii  1.  Dt^tUatufa  yt- 

and  perlons  furprifal ,  and  voluptuous  engagement,  which,  I  the  ""• 
father  note,  becaufe  1  have  known  much  inconvenience  really  iflu- 

H  h  h  h  »ng 


Ji8 


A  Commentary  upon  Fortijcue. 


ing  from  hence,  which,  thofe  that  have  by  occafion  thereof  differed, 
have  never  had  the  happinefs  to  be  compenfated  by,  with  any  thing 
6f  honourable  ballance  to  it,  but  have  been  for  the  ever  of  their  lives 
injured  thereby ,  fo  true  is  that  of  fome  in  our  dayes  which  Taci- 
tus reports  of  the  Germnns  ,  that  they  loved  flay  fo  intently  ,  and 
wcrcfobtfottidtoit,  that  thej  would  not  enely  lotft  all  their  money  at 
it,  but  lay  even  their  clothes  and  bodies  at  fi*ke,  rather  the*  be  dif- 
gamefired.  I  am  therefore  in  earnefl  againft,  not  the  ufe  but  the 
abufcofplay,  though  I  think  the  lefs  any  one  playcs,  the  left  they 
are  in  danger  to  be  in  love  with  it,  and  to  be  withdrawn  from 
ferioufer  things  by  it;  yet  I  dare,^nd  doe  fay,  very  wife  and  good 
perfonsof  bothlcxesufeit,  and  that  with  greater  grace  and  ho- 
nour to  it,  then  I  wifhdid  thereby  accrew  to  the  encouragement 
of  others,  who,  under  pretext  of  their  ufingit,doethcmfclvesa- 
bufe  it,  but  enough  of  that,  onely  let  the  Lawes  of  Nations  be  ever 
underftood  to  abhorr  and  decry  Dice  and  Cards,  or  other  Game- 
ing.  Themifiocles  made  a  Law,  that  Magiftrates  fliould  not  .game, 
ne  refpublica  ludert  videretur,  deftclnm  fui  relihta  gravitate  pronun- 
citt,(o  amongft  the  Canons  of  the  Apoftles,  'iwumJ,  S  np«o#J- 
7if  ®- ;  &C  A  TMbop,  or  Priefi,  or  Beacon,  that  is  intent  tn  drunken- 
nefsy  or  gaming,  either  let  him  lay  afidehis  Coat,  or  be  degraded;  fo  6 
Synod  Conftantinople  ,Mti<Ar*  *V iwrw ,&c.  No  man  whether  lay  or 
Clergy  ,mu[i  from  henceforth  (fcandaloufly)  play  at  Card', if  he  doe,  be- 
ing a  Clergy-manjet  him  be  depofed-,and a  lay  man  excommunicated: and 
the  Synod  of  Augufta  thought  conftant  Gamefters  fo  profane, that  they  de- 
creed them  denyal  of  the  Sacrament(i)by  which  cxactnefs.the  Church 
did  not  fo  much  declare  them  unlawful  becaufe  finful.as  intend  the  a- 
voydance  of  fcandal.and  confirming  ofthofe  in  it.tbat  from  the  example  of  divine  men 
ufingit.wouldbe  prone  undirinely  to  abufe  it.  And  by  the  ftat.  33.  H.  8.  r.o.  Order  is 
taken  for  unlawful  games,fuch  as  there  are  named  DiceyCards,  &c.  out  tfchrijimasy/c)i 
the  Lawdoes  not  to  deprive  men  of  fafhion  of  tneir  recreations,  for  that  is  faved  by  the 
Satute}  but  to  difharbour  the  lodges  of  thefe  Gamefters  in  houies  of  expence  and  riot, 
in  which  eftate.time,  reputation^*  befotted  to,and  wafted  by  thefe  fports- which  there- 
fore the  Statute  calls  unlawful, becaufe  they  are  unlawfully  ufed:and  by  them  fo  abufed, 
the  Magiftrate  becomes  blemifhed  through  the  infolence  of  them,  whereupon  they  are 
r  ,-l  *  j.  it, .  declared  unlawful  and  made  penal  ,  and  all  licenfes  to  keep  houfes 
TTcT.'K'-'="  of  Game  made  void  by  Stat.  2.  &^.P.&M.c9.     Concern- 

ing thefe  Tali  read  Turnebus,   Julius  Pollux ,  Johannes   Saris- 
burienfts,  Matter  Gataktr,  and  fundry  others. 


Smnt  fuii  imf  r»4«M  lit  tnj»iaju  *r- 
u  ixtrcittuit.  4«-«  <j««*«w»  <j»wf*i  d$- 
ttftr,  ttntt  ntquitr  alinfr  guidon  imnii 
he  tft.  Mmdacicrum  fitpadtm  &  firjnri- 
tram  mtttt  if  tilt.  &  dim*  ancnfifim- 
tit  /»«  prtdipt  &  nulitm  hahtm  fMrimtnii 
Ttvtrmi—  i  turn  tUud  ifudtnt  .ftufim  in 
fitru  diUbaur  &  r*(m*>.  1.  Saiisburicnfe 
III:  >.c.  $ 

lnttr  SnUfitrii  Germani  *lt*m  ixir- 
cent  t*nt*  luer*ndi  ptrdendiqut  umtrnut, 
mtcumnwni*drftctr»nt.txtrtmo»c  nevn- 
fimt  jtSu,  de  libirtMt  *t  dt  cerfincin- 
Hnd*u.  Dt  Minimi  Gcimanoruoi. 

SnttUm ■*[»  nmpTlitm  if,  ml  *le* 
Ud*,J*pefun*.  t*fin*i,  fr**A»,  Utftht- 
mi*>,  nlituyu  id  ftnirii  ft*gin*  friptifct 
f  erbihant  i*xillu  *»l  *le*  l»dt.  Tom.  9. 
in  MedioUn.  Concilio  piimo.  p,  4&1- 

Satiiburie«f.  Dt  N«ji»  Cwniinm. 
lib.  I.  f.  4'  &  $• 


f .  41.  Vtt.  1  Concil.  Genet. 

Tholoff.  Iit'.i9.'.  I 

Tom.  j.  Concil.  f.  357 

50.  Canon  «.  Sjnod. 

Tom.  9.  Concil.  Mediolanenfe 
7,481.  Concil.  Aquileienf.  i.To» 
/  7°« 


(«)  Tom.  s.  f.  170. 


(.  7 
I.  Pollux/'*, 
Satiiburicnl. 

h  4.  &  5- 


iK«.u. 

9.  c  7. 


Folyciattc.     lib.    '. 


Pilar  urn  ludis~\  Thi9  was  one  of  the  repafts,  which,  within  or 
without  doores,the  Ancients  ufed  theiryouth  to^  though  it  be  rank- 
ed by  Tully  with  Dice  and  Tables,  yet  is  thought  of  a  more  allowed 
nature  then  they ,and  is  one  of  thofe  qui nque- games  that  Juflinian 
allowes,  and  which  at  this  day  we  nfe,  whether  Foot-  ball  or  Hand- 
ball, called  Stool- ball.  Four  forts  of  ihefe  the  DoSors  mention, 
Paganicam,  Artlam ,  Trigonalem,  Follem  ;  Clemens  Alexandri- 
nus,  (a)  tells  us,  the  gamefters  at  it  did  play  (tripped,  ard  with 
all  earneftnefs  retorted  the  ball  they  received  either  by  hand  or  foot, 
and  were  accounted  good  or  bad  gameflcrs  as  they  did  it  nimbly  and 
effe&ually .which  Seneca  (b)  phrafes  filamfcitc&  diligent er  ac. 
cipere,  adding,  fe d  ntn  dicitur  bonus  lu/or  nifiquiapte  &  expedite 
remifit  ttuam  aeceperat;  the  Greeks  called  this  Ball  apm<>a,  from  its 
fphearical  figure,  as  the  Latines  pila  from  mtXot  a<\uo,  becaufe  its 
on  all  fides  alike.  Methinks  thisfportis  keptuplivelieft  in  Corn- 
wal,  in  their  hurlings,  which  is  by  a  round  ball  plated  with  filvcr, 
and  is  thrown  up  for  thofe  that  bring  it  away  from  the  many  contenders,  to  keep  as 
their  own  ,  and  to  prefent  to  whom  they  pleafc.   One  of  tbem  I  have  my  felf  had  at 

my 


<Adfilnm[t.*»t  td  ulcl,  AM  *d  ttftrf 
ftetnftrtnt.hirmntilalitrtnfiidmt  eV  ««w- 
tidinnt  spun  turn  ttmfc^aus  c»nf*  tftn 
frthibtntm.  Uk.  3.  Dt  OrMtrt 

(  a  )  Sipominus  eV  Tholoff.  Lit,  39. 
«.♦. 

lib.  j.    P*dagog  «.!•. 

liidfrtfrittti  tft  mm  tfultut;  *}»■*• 
lilttm  (>««  *"'(t  <j«*m  viA"  •"  '»/•'" 
fU*.    Senec.  N*t.  ll»*ft.  Iih  *.f-  "" 


U9. 


(b)  Dt  ttntpt.  e.  |i. 
Tutneb.  advetf.  lib.  7.C". 

The  Urme   Hurly- Burly, 
Xvhcnce  frobably  originated. 


A  Coilimentary  upon  Fortucub,  519 

my  being  in  that  Country,  prefented  to  me,  accompanyed  with  a  mighty  concourfe  of 
young  pcrfons,  whofe  congrefs  may  well  be  called  a  Hurlj  Burlj. 

Thefe  and  other  fports  managed  in  fome  method  and  with  fome  words,  our  Chan- 
cellour  fayes,  were  pafled  in  the  French  tongue,  in  which  the  French  ( flufhed  with 
thei  rvi  dory  and  heightened  by  the  favour  of  greatnefs  (for  our  Chancellour  has  re- 
fpeft  to  the  times  in  and  near  the  Conqueft)  glory  ed  to  propagate  their  Natioas  ho- 
nour, and  to  enervate  and  worm  out  all  memory  of  the  Englifh  language  and  manners. 

%»o  &  Anglici  exfreauenti  coram  in  talibus  cmitiva,  habitum  talent  contr axe- 
runt,  tjuod  bucufijite  ip(l  in  ludts  hujusmodi  &  eompotis  linguam  loquuntur 
Gallicanatn. 

This  is  added  to  ftiew  the  force  and  influence  of  ufe  and  habituation,  in  that  it  works 
another  nature  in  meR  ,  which  is  the  reafon  wife  Law-givers  have  cautioned  againft 
ill  cuftoms  and  habits,  as  the  great  ApoBjens  of  grave  and  good  manners.  For  the  na- 
ture of  man  being  prone  to  evil,  and  endeared  to  the  object  of  its  familiar  intuition 
andconverfe,  does  not  onely  at  firft  civilly  bear,  and  friendlyly  affect  what  it  fo  fami- 
liarly meets  with,  but  at  laft  paffionatcly  dotes  on  even  to  a  delight  ot  furprife  by  that 
it  fo  is  acquainted  with  and  accuftomed  to.  Which  God,  who  knew  the  heart  of  jf- 
rael  better  then  they  did  their  own,  forefeeing  to  be  the  fin  of  them  under  their  cap- 
tivity to  the  Nations,  to  whom  their  fins  were  penally  to  bring  them,  forewarns  them  Lrv>  »*•  t»- 
not  to  follow  the  Statutes  of  abomination  which  were  fee  before  them.-  God  has  told 
them,  that  becaufc  of  the  evil  cuftoms  and  practices  of  the  Nations,  he  had  made  their 
Lind  fpfto  them  out,  vcrf.  2C»,  27.  and  becaufc  Ifrael  that  came  into  their  Land,  and 
with  whom  fome  of  the  Inhabitants  would  be  left,  whom  they  mingling  and  treating 
with,  rsight  be  intanglcd  in  the  love  of  their  Idolatry  and  Immorality  ;  therefore  does 
he  forewarn  them  to  keep  clofe  to  their  directory,  his  Law,  and  not  to  obferve  the 
Statutes  «f  Abominations,  that  is,/uch  cuftoms  as  by  continuance  has  obtained  the  re- 
putation and'authority  of  a  Law,  and  therefore  were  njyihit»  Abominations  to  God, 

becaufc  practices  againft  his  Law  and  the  Prefcripts  of  nature,  which  he  calls  vain,  Jer. 
>o.  j.  becaufc  they  entertain  men  in  their  appearances  without  any  rcall  fatisfaction  To  ~        ■« 
of  or  reward  to  them  for  their  confidence.     This  then,  as  odious  to  God  and  deceptive  •   ^ 

to  men,  the  Lord  cautions  Ifratl  againft,  Deut.  18.9,  J*,  and  that  becaufe  they  have  V™,01*™' 
a  nature  of  infinuation  into  man,  and  thereupon  drew  God's  abomination  of  man.    Of  %  *'"  "***. 
this  fort  befides  many  others  were  thofe  cuftoms  of  Rome  to  fanctuary  Thieves  and      '.J      j* 
promulgate  lewdnefs,   which  Socrates  fayes  were  ufed  many  hundred  years  till  Theo-  ©"V.'*^  L 
dofius  exploded  them.     Hereupon  as  all  Law-givers  have  enjoyned  feverity  of  man-  •„"    ?       T 
ners,  (b  have  they  looked  upon  avoidance  of  converfc  with  and  neighbourhood  to  evil,      *frtaj' *»■ 
as  the  beft  means  to  prefervation  of  good  manners ;   for  vices  come  into  credit  by  ufe,     "  «       ®* 
and  fafhions  into  requeft  by  example  and  practice :    fo  did  the  Ambitus  for  Magiftra-   fj^i"v'  1  r 
cy  anions  the  Roman*,  for  though  begging  of  Votes  made  fervile  Magiflratcs,  who  ^y    '    "'I' 
did  fordid  and  wicked  things,  yet  when  die  Ltx  Ambitus  came  to  reform  this  ill  ufe,   Dio"n.  '/tf.V. /, 
it  found  notable  oppofitien  and  was  decryed,  many  tactions  appearing  for  it  becaufc  lS.&'K 
it  had  long  been  in  ufe.    So  is  it  in  the  mod  enormous  things  Storyes  acquaint  us  with, 
and  therefore  more  probable  it  is  in  things  of  indifferent  nature,  as  playing  for  recre- 
ation is ;    yet  by  them  fayes  the  Text  is  the  French  terms-of  play  and  account  kept 
to  our  Chanccllours,  and  to  this  day. 

Et  placitare  in  eadem  lingua  foliti  fuerunt  auoufque  mes  iSe  vigor e  cujusdem  flatttti 
tjuamplurimHm^reftriUustft. 

Though  Play  was  not  fit  or  worthy  for  the  States  notice  or  regulation,  I  mean,  as  to 
the  terms  and  method  of  it,  it  being  reducible  to  thofe  things  that  are  rather  tolerated  See  tIie  fKtm. 
then  commanded  ■,   yet  Pleas  in  publick  Courts  are,   becaufe  they  concern  multitudes  bietothcsnt. 
of  people,  and  are  the  defences  of  learned  Advocates  in  Law-cafes,  which  becaufe   3*  £.i.«.  '5, 
the  people  concerned  in  them  fhould  undcrftand,  which  they  could  not  when  pleaded 
in  Frtn.  h,  the  Statute  of  3  6  E,  3 .  c,  1 5 .  appointed  that  aH  Pleas  which  be  te  be  pleaded 

H  h  h  b  2  in 


520 


OrJint  pUcittndi 
firvM     ftrvtmr 
/o.Cook  «n  Lit- 
tleton,/" 5°i- 
fta.  53+.  Litle. 


Cook«»«  it. 


Scobclls  CtlltSt- 
0m,  p.  148,  n?i 


%uEi  Ccckjte- 
face  to  the  j 
Report. 
Hollingfhed 
f.  8. 


A  Commentary  upon  Fortes  cue. 

in  any  (f  his  Courts  before  anjofhis  fufiices or  before  anj  of  his  other  Minificrs,  or  in 
th:  Courts  and  places  of  any other  borders  within  thu  Realm,  foali be  plladed,  /hewed,  de- 
fended, anfwered,  dr bated,  and  judged  in  the  Englifli  tongue ,  and  that  they  be  entred  and 
'enrolled, in  Larinc,  fo  that  Statute ■,  by  which  the  judgement  of  the  Nation  appeared 
againft  admitting forein  langu  ge  into  common  ufe,  to  the  diflionour  and  eclipfe  of 
the  national  one.-  for  it  having  ever  a  great  refpeA  to  pleadings,  (  which  are  chief 
parts  of  our  Law-  arc,and  wherein  the  Lawyer  as  much  evidences  his  skill  as  in  any  or  all 
other  parts  of  his  proVcffion.and  fince  to  the  obtainment  of  right  placitare  was  necefia- 
ry,  becaufe  elfc  the  caufe  could  never  be  tryed)  the  wifdomof  the  King  and  Parliament 
ordered  Pleadings  fhould  no  longer  be  in  the  French  but  Englifb  language.  Concerning 
Pleadings  and  Pleas  read  the  Authorities  cited  in  »  Jnflit.  p.  21.  and  nay  Notes  on 
the  fix  and  twentieth  Chapter, 

Tame n  in  toto  hue  ufqne  abaleri  non  fotuit  ]    Though  the  Statute  took  effeft  as  to  the 

language  of  pleadings,  yet  not  as  to  all  terms  of  Art  •,   forthey  having  been  purpofely 

formed  to  accommodate  the  Science  of  the  Law,  the  abolition  of  that  would  occafion 

a  new  invention  befides  that  of  time  and  ufe,  and  make  fome  rudenefs  and  defed:  in 

fpeech,  which  men  of  art  delight  not  to  be  encumbered  with.    Therefore,  fir.ee  long 

cuftome  had  rivetted  French  terms  and  forms  into  ufe  in  forming  of  Writs  and  Entryes 

of  books  concerning  them,    the  Statute  not  direftingjts  inhibition  to  work  on  thofe, 

men  and  time  confpired  to  continue  them  as  to  this  day  tbey  are,  and  that  I  think  to 

keep  the  Law  more  fecret  from  the  infolence  and  arrogance  of  the  illiterate  and  vulgar, 

who,  did  they  underftand  thefe  terms  of  art,  or  were  they  fo  explicated  to  them  as 

ufe  and  bufinefs  renders  them  to  the  learned,  they  would  take  upon  them  to  value  the 

Lawlefs,  or  to  underftand  more  then  they  do,  or  then  confifts  with  their  fubjeftion 

to  it,  or  their  charity  with  their  Neighbours  ■,  which  !  think  is  the  reafon  why  that 

Declaration  of  jVsf«w£fr  1650.  That  all  Report-botks  of  the  Refolution  tf  fudges,  and 

ether  books  of  the  Law  of  England  Jball  be  tranflated  into  the  Englifli  tongue  ;    and  that 

*R  Writs,  Preceffes,  Returns,  &c.  fhaH  be  in  the  Englifli  tongue,  and  not  in  the  Latine 

or  French,  being  not  more  Majerum,  is  obfoleted  by  the  introduction  of  trie  old 

Method,  of  which  our  Text  fayes,  Plus  proprie  placitantur  in  Gallico  auam  in  Anglico  ; 

and  the  Declarations  upon  Original  Writs,  tarn  conuenienter  ad  mttsram  illorum  pro- 

nunciare  neaueunt.  ] 

• 

Report antur  etiam  ea  ana  in  Curiu  Regis  placitantur,  diiputantur,  <£*  judicantur, 
«c  in  libros  ad  futurorutn  eruditionem  rediguntur,  in  fermenc  Jemper  Gallico. 

This  relates  to  the  Tear-books  called  the  Old  R eports,  which  contain  the  collection  of 
four  or  more  learned  men,who  .(particularly  chofen  to,and  (as  1  fuppofe)feeed  for  their 
attendance  on  the  Kings  Courts,in  which  they  had.  a  particular  ftation,&  therein  abode 
all  the  fitting  of  the  Courts )  did  obferve  and  take  notes  of  all  the  Pleas,Arguments,and 
Judgements  that  in  them  occurr'd,  which  notes  tbey  at  the  lead  at  the  end  of  every 
Term  did  communicate  with  the  Judges  about,  and  rectified  them  by  the  Judges  ad- 
vices, and  com  pared  them  with  the  Entryes  of  the  Courts,  by  which  they  being  con. 
firmed  were  booked  -,  and  of  thefe  Entryes  are  the  old  Reports  of  the  Judgements  in 
the  Reignsof  E.  3.  H.  4.  H.  5.  H.  6.  E.  4.  R.  $.H  7.  made  up  and  written  fermenc 
femper  Gallico,  that  is,  not  in  quaint  French,  nor  in  the  French  that  is  vulgarly  fpo- 
ken  in  France,  but  in  good  old  Norman  French,  this  is  Littleton's  French,  and  the 
French  of  the  old  Year-books ;  and  this  we  read  the  Conquerour  wrote  the  Lawes  in. 
The  intent  of  which  laudible  defign  was  to  transferr  the  notion  ofwifdoci  toafter- 
nges,  and  to  pcrennate  to  after-ages,  the  memory  of  venerable  Sages,  famous  for 
'  knowledge  and  juftice  in  their  Generation,  and  to  them  to  bequeath  the  fair  Legacy  of 
honour  and  uprightnefs,  according  to  the  national  Lawes,  to  all  that  fhould  fucceed 
them  in  place,  and  thereby  have  the  opportunity  ( if  they  walk  worthy  of  the  mercy 
God  vouchfafeth  them  )  to  exceed  them  in  profound  judgement  and  dexterity  of  de- 
termination ;  which  happy  end  truely  I  think  fucccflion  has  been  blefled  with  arrival 
at,  in  the  matchlefs  continuation  ©four  Reverend  and  Learned  Matters  the  Judges  in 
all  the  Ages  fince :  and  may  they  ever  continue  fo  to  be,  that  the  Law  may  flourifh, 

and 


A  Commentary  upon  Fortescue.  521 

and  the Subjeds  be fecure  and  happy  by  the  prote&ion  and  favour  of  it.    For  though 
it  lifps  out  French,  ar.d  fome  Afts  of  Parliament  are  recorded  in  French,u  i  weflminfi. 
5  E.  1 .  Stat.  Glofter.  St  At.  Be  Judaifmo.   i%.E.\.&  Stat.  Mod.  hvendi  fines  of  the 
fame  year,  Confirmat.  Chartarum  20  E.  1.  Articuli  fuptr  Chart  as  lb  E.i.  and  ma- 
ny others,  as  a  Remembrance  of  what  occafioned  its  furvey  and  mutilaion  by  the  Con- 
querour,  whofe  Engltjb  Iffue  foon  reftored  it  to  its  ancient  Demefnes,  as  I  may  fo 
(ay .   yet  its  full  notes  are  to  purpofes  of  Englijh  freedom,  and  in  abhorrence  ef  fym- 
bolization  with  ought  that  is  French,  and  not  naturalized  by  aft  of  Parliament.     And 
therefore  though  our  new  Reports,  Djcr,  Plowden,  Ctel^ ,  Crocks,  Moor,  and  others 
be  in  French,  as  fit  they  fhou Id  be,  as  well  as  the  Authoursof  any  other  Art  in  their 
learned  language  are  •    yet  the  A  fts  of  our  Parliament  are  published  in  Eng  Ufh,  that 
all  may  know  that  every  thing  that  is  purely  Englijh  is  the  love  and  ftudy  oftheis*- 
glijb  Nation,  and  of  the  wifdom,  itrength,  and  ma  jefiy  of  it :    which  furely  I  am  fo  s;r  Hnr}  ff,i4rt 
farr  in  love  with,  and  fo  profeffedly  a  votary  to,  that  {hould  I  be  in  place,  when  the  and  his  compa- 
Stiglijb  language  (hould  be  difparaged  in  compare  with  the  French,  I  (hould  take  the  ™°„"s„  ^!H'tZ 
confidence  to  do  as  thofe  learned  Judges  did  when  a  Cafe  of  Littleton's,  whether  a  rieface  10  i/». 
releafetoonc  trefpaffer  jhouldbe  available  to  hi*  fellow- trtfpaffcrs,   came  before  them,  ^•,,w*1, 
who  gave  judgement  according  to  Littleton,  faying,  That  thtj  owed  ■  (o  great  reverence  fjtte  ^ 
to  him,  that  the j  would  not  have  his  Cafe  be  diluted  *r  quefiioned ;  after  whom  I  (hould   weg^ 
be  very  pofuivc  not  to  have  any  thing  that  is  Englijh  fubjefted  toiht  French,  whofe   cnmd«  firm* 
ingenuity  and  valour,  whofe  language  and  lawesl  honour  in  all  things,  but  wherein  ""*'  "m  •""*'  '*' 
they  arc  Competitors  with  and  derogatory  from  the  fplendour  of  thele  Excellencies  of  fZ™£l"!  /"*<£ 
my  native  Country,  whofe  profperitj  God  continue,  whofe  Religion  God  propagate,  whofe   «*•  viitdt  ilium 
Sovereign  God  preferve,  God  grace,  and  God  glorifie,  whofe  Lawes  God  maintain,  whofe   ^^^l' it- 
Rights  God  defend,  the  wealth  of  whofe  Sxbjetls  God  encreafe,  and  the  loofenefs  of  whofe  uant  wu  **. 
manners  God  reform,  but  1  proceed  to  the  Text.  SSffiW 

Sub  tertia  vero  linguarum  pradiBarum,  videlicet,  ftib  I  atina,  omnia  Brevia,  0- 
riginalia,  &  Judicialia,  fimiliter  &  omnia  Reeorda  Placitorum  in  Curtis  Regit, 
ttiam  &  quadam  Statuta  feribuntur. 

The  ufe  oiLatine  was  probably  introduced  by  the  Clergy  ,when  fundry  of  the  Bifliops 
and  others  of  the  Spiritualty  were  Judges  and  chief  Officers  in  the  Kings  Courts  of  Law,   ,  lDfouf.  304. 
as  from  after  the  Conqueft  to  the  middle  ofEdw.  3 .  time  they  in  a  good  meafure  were. 
And  they  knowing  that  whatever  the  alteration  of  national  languages  were,  &  however 
the  Entryes  of  judicial  matters  in  them  differed  according  to  the  language  in  or  out  of 
efe,  as  befell  the  Britijh,  Saxon,  Danijh,  Norman  Tongues,  Lathe  would  reft  currant 
and  be  univerfally  underftood,  caufed  Entryes  of  the  Courts  of  Law,  and  the  Inflru- 
ments  to  bring  caufes  and  perfons  to  appear  and  (land  Judgement  to  be  in  Latine. 
Now  thofe  things  that  the  Text  here  refens  to,  are  Original  and  Judicial  Writt  ■,    con- 
cerning Writs  fee  my  Notes  on  the  25.  Chapter.     By  Origmalia  I  am  apt  to  think  our 
Text  means  Writs  to  call  men  to  anfwer  for  violation  of  fome  Original  Law,  whence 
becaufc  they  are  Formata  ad  fimilitudinem  ReguU  Juris,  they  may  be  called  original 
Writs,  becaufc  they  do  (as  1  conceive,  yet  ever  with  fubmifllon  to  the  Learned)  O-   »r»fl0B- ui-  ^ 
rigincm  dare  Sett*,  as  the  original  Law  violated  does  Originem  dare  Rrevi  ;   for  the  {tS.:.uj. 
rule  in  Fleta  is,  Tot  erunt  formula  Br evium  quit  font  genera  ailionum,   quia  nin  fo-   SftmfiUtutit 
teft  quit  fine  Brevi  agere.     Thefe  original  Writs  being  grounded  upon  original  Laws,  J?™  {Tg^» 
that  is,  eitfier  the  Common  Law  or  fome  Statute,  cannot  be  altered  or  digrefled  from,  m»<»  e"'- 
but  when  the Lawes  themfclves  can  be  altered,  that  is,  by  Parliament,  the  common  '^"cf^r'°r^l 
Confent  of  the  Nation,  fo  fayes  Fleta,  and  Sir  Ed.  Coc\  after  him,  iZ"°.  Fieta 

hi.  2. «.  n- 

fudicialia "]  So  called  becaufc  they  are  to  bring  the  party  that  offends  to  judgement  f°°j<".  \o"  £ 
of  Law.  Thefe  arc  ,  if  I  miftakenot,  varied  according  to  feveral  occafions  being  framed  73.  «•  m.i.m, 
by  the  Curators  who  are  the  Mafters  of  the  Office  whence  they  ifliie,  and  thereupon  ^^"^'h* 
called  Magiflratid.    Both  thefe  are  by  our  Text  faid  to  be  Linguh  Latino, :  fo  are  the  5  Report. 
Records  or  Rolls  of  the  Courts  of  Chancery,  Kings  Bench,  Common  Pleas,  Exche- 
qner,  and  the  feveral  Appendixes  of  them  are  all  in  Latine. 

Etiani 


5ii  A  Commentary  upon  Fortescur. 

Etiam  &  ej$ud*m  StatutA  3  To  wit,  MAgnA  Charta,  Scat.  MArlbridg,  the  Statute 
seethe™  in  the  jf  gigamis,  fytjiminjf.  l.  the  Statute  of  Circumffelic  AgAtis,  the  Stat.  3  fVcftmitt. 
*'"'"•  18  E.  1.   DtTAlUpo  non  foncedendo,  HE*  I.  De  AffortAtis  Religiof.  35  E.  I.   D» 

Frangentibms  PrifonAm,  1  E.  *,  De  MUltibus,  Artituli  Cltri  9  E.  x.anu  the  reft. 

JjJ*4rr  <fow  £<X"  Angliz »'»  i»  frif**  addifcantur  Unguis,  ipfa  in  VniverfitAtibwt 
ubi  folum  exereetur  lingua  LAtitiA,  convenienter  erudiri  new  poterunt  axt  ftuderi. 

This  claufc  recollects  the  force  of  all  thePremifes,  and  anfwers  the  Quarre,  whj  the 
Laves  of  England  V»ere  not  taught  in  the  Vnivcrpties  of  England  as  well  as  the  Laves 
Civil  are,  to  wit,  becaufe  the  Ciril  Lawcs  arc  originally  writ  in  the  learned  Lan- 
guage*, which  arc  common  to  all  Scholes  and  Scholars,  and  without  which  the  Arts 
cannot  be  attained;  and  the  LAtine  tongue  being  there  publickly  fpoken,  (for  the 
folum  referrs  to  the  place  not  to  the  tongue,  as  if  onely  LAtine  were  there  fpoken  and 
exercifed  and  no  other  learned  language,  for  Greek,,  Hebrew,  and  other  languages 
are,  in  the  fame  fenfe  the  LAtine  is,  excrcifed  therein  •.  )  but  therefore  it  is  faid  folum 
lingua  LAtina,  becaufe  the  LAtine  tongue  is  therein  more  ufed  in  difcourfe  and  exer- 
die  then  any  other  tongue  there,  orinany  other  place  of  the  Nation  is,  Exercifes  in 
Latine  being  as  it  were  entailed  to  the  Scholes,  and  fixed  to  the  Freehold  of  the  Uni- 
verfities,  for  thither  all  perfons  of  learning  repairing,  and  there  flaying  to  ftudy, 
thereby  merit  their  degrees.  And  as  all  wits  and  perfections  of  promptnefs  are  there 
prefumed  to  be ;  fo  all  Exercifes,  Authors,  and  Dexterities  in  Art  are  alfo,  which  is 
the  reafon  that  the  Univerfities  have  the  onely  opportunities  to  inftitute  youth  in  mat- 
ters of  fpeculation  into  Arts  and  Languages.  And  therefore  the  Lawes  of  Nations, 
The  Civil  Law,  being  in  the  Latine  tongue,  and  being  the  Law  of  the  Continent, 
which  a  Profeflbr  of  it  may  praftife  and  own  in  any  part  of  the  Chrifiian  and  civilized 
World,  ( when  as  the  Common  Law  is  but  a  Topique  Law,  and  ferves  onely  for  a 
municipe  purpofe,  being  thereupon  writ  in  a  munieipe  language  )  is  proper  to  be 
taught  in  the  Univerfities,  and  has  degrees  and  honours  therein,  when  our  Common 
and  Statute-Lawes  have  none  there. 

leges  tamen  Ma,  in  quedam  fiudio  publico,  fro  illarttm  apprehenfione  tntni  Vniver/i- 
tAte  convenientiore  &  froniore  docentur  &  Addifcuntur. 

This  Claufe  introduces  the  difcourfe  of  the  famous  Societies  of  the  Law,  called 
The  Inns  of  Court.  Of  which  to  write  to  the  proportion  of  their  Auguftnefs  is  alto- 
gether impofEble  for  any  man,  who  has  fo  little  help  to  their  iliuftration,  as  (for  ought 
I  fee  )  the  learned  and  generous  Profeflbrs  of  them  are  enabled  to  communicate  to  him 
that  has  a  defire  to  blazon  the  Beauty,  Antiquity  ,and  Accommodation  of  them.  I  confefi 
my  hopes  and  expectations  were  to  hare  found  much  afliftance  herein  from  my  fritnds  of 
the  Long-Robe ;  but  truely,  fave  that  the  learned  and  moft  civil  Gentleman  Sir  Thomas 
fritherington,Ser')e&r\t  at  Law  imparted  a  difcourfe,wch  in  the  condufion  of  this  Chapter 
I.mcan  to  print  verbatim,  nothing  has  been  communicated  from  any  of  them  to  me.  It  is 

Erobable  at  firft  men  that  ftudied  the  Common  laws  dwelt  &  lodged  in  diffufion,  where 
ring  far  from  the  Courts  o(fyefiminfiertii\d  uncertain  to  be  found  by  thofe  that  defired 
blTth    I    '  t^e'r  *^H  a"d  advice,  they  to  avoid  that  trouble  to  themfdves  and  their  Clyents,  did 
fr't  Tr  *fl°ciateand  joyn  their  ftudies  and  lodgings  each  to  other,  which  in  time  came  to  be  ac- 
*f    our  prj    countecj  StHjiMm  publicum  •,    all  of  the  Profcflion  reforting  to  the  common  refidence, 
e^*"'  and  fo  making  one  publick  prefence  of  Law  and  Lawyers.     After  as  they  encreafed' 

men  of  name  withdrawing  themfclves  for  convenience  of  more  room  and  better  air 
as  their  Clyents  followed  them,  fo  alfo  young  Students,  admirers  of  them,  joyned 
themfdves  to  them  •,  till  at  laft  by  time  and  agreement  they  grew  into  fome  propor- 
tion of  a  body,  which  had  fo  much  of  Head  and  Members,  Lawes  and  Servants,  as  arc 
neccflary  to  a  fubfiftence  of  Honour,  and  a  perpetuation  of  Being  :  Study  being 
belt  carryed  on  in  a  place  of  rcpofe,  and  by  numbers  that  are  ambitious  to  fearch 
that  they  may  know,  'to  know  that  they  may  profefie,  to  profeffe  that  they  may 
gain,  to  gain  that  they  may  eDrich  their  Heirs  and  Families,  and  by  thefe  riches 
acquired  by  the  Law,   encourage  a  Continuation  of  Students  in  the  Law.     Thai 

as 


A  Commentary  upon  Fortes  cue.  51  y 

as  I  conceive,  rofe  the  Inns  of  Courts  about  Edward  the  thirds  ttme;  SAmiltnMt  ,„.,„  rmtm  iMnMm 
for  before  that  though  the  Law  of  England  wis  ever  in  high  ho-  hZS*Ur*mp.  a,^  <•,.„, .  ,„  «. 
nour  yet  was  it  lefs  celebrious  in  its  publique  profeflburs  and  profcf-  gnti  «?<«  %,'"***«"»  afttrMnmap* 
fion  then  after  it  became.For  when  by  the  influence  of  the  renowned  «fturiSff '"-»  5S 
Judges  Frrr,  Glanvil,  Lucjfic  others.Gentlemen  of  great  families  &  mnd*utfrmh*.  «gii/bu  ww.  '«*». 
intereft  in  the  Nation,  the  fcholes  of  Canon  and  Civil  before  and  in  ft*"™  r"  ""£"  *{"*"•  Et*-  **• 
that  time  publiquely  kept  in  London  and  elfewhere,  were  put  down 

at  about  the  year  1 25  4.  19.  H.3 .  they  according  to  Matter  Stldtn  wcre,then  I  conceive  "£^?*?\^\ 
thefe  public a  ftudU  of  the  Law  took  root,  and  fprouted  out  more  in  a  few  yeares  then 
before  they  had  done  •,   And  thefe  publica  fiudia,   as  to  the  rudimenting  and  practice 
of  the  Law,  arc  (fayes  the  Text )  Omni  univerfttate  ctnvenientiora  &  proniera. 


ftrtatio.  c.  8.    p. 


Stadium  namquc  illudftum  eft  prtpe  Curiam  Regis,  ubi  leges'  iUt  plaeitantur,  di- 
ffxtantHr  &  judicantur. 

Though  time  has  enlarged  the  oneonely  fociety  of  Law,  which  our  Text  calls  ftu- 
diam  Mud  into  many,  yet  thofe  many  are  by  our  Text  called  but  one  ftudy;  becaufe   • 
though  they  are  lodges  of  feveral  ftudents,  yet  tend  to  one  end,  the  propagation  of 
National  Juftice  according  to  National  Law:  which  becaufc  it  is  determined  in  the 
Kings  Court  ( not  that  of  his  pcrfonal  but  politique  refidence  ,  therefore  Inns  of 
Court  feated  fo  near  Weftminfier,  where  the  Courts  of  Law  are,  are  faid  to  be  prope 
Curiam  Regis.  For  as  in  the  fenfe  of  the  Text,  all  the  Inns  of  Court  make  but  one 
publick  ftudy,  fo  all  the  Courts  offVeftminfier-Halt  make  but'one  Curium  R'gis'tf.  be- 
ing the  fame  Great  KING  whofe  Lawes  are  adminiflred  in  every  bench  of  his  Court 
to  one  2nd  the  fame  purpofe  of  order  and  juftice  -,  to  doe  which  ( fo  fymmetrious  to 
theadrainiftrationofGodhimfelf,  who  is  the  Archetype  Juftfcer  )  our  Chancellour 
fayes,  the  Laws  that  all  perfom  muft  fubmit  to  and  be  adjudged  by,  are  opened,  debate- 
td  and  judged  there,  and  there  onely    ubi  leges  HU  plaeitantur,  difputantur  &  judi- 
cantur,  fayes  the  Text  ;  Plaeitantur  by  the  parties,  difputantur  by  the  advocates, 
judicantur  by  the  Judges;  Plaeitantur,  that  they  may  come  to  tryal,  difputantur ,that 
they  may  appear  what  they  truely  are  in  trial ,  judicantur,  that  they  may  be  fentenced 
as  they  appear  to  be  upon  and  after  trial;  VLtcitantnr,  that  every  grief  may  have  a  re- 
medy, difputantur,  that  the  remedies  may  be  rational  and  according  to  legal  juftice 
and  Circumftances  of  faft,  judicantur,  that  the  determination  of  learning  and  juftice  tm«fi.*ai& 
may  be  fubfequent  to  the  matter,  pro  and  con-,  this  gradation  ihewes  the  Law  not  to  «ni»  ji*t,  tr 
proceed  furioufly.nor  to  delay  flothfuUy :  but  to  hear,  consider,  and  determine,  is  the  i*"tinti  «f" 
weight  ofthe  matter  in  controverfie  requires,  and  that  judgement  to  deliver  from,  and  ^Inii 
enroll  in,  the  Kings  Court,  according  to  Juftice  and  good  Confciencc.  "»» rnum  ■""*- 

r»  dtliitri,  ill* 
dutttiiife  &dt- 

Per  7udices,viros graves,  Senes,inlegibsts  Hits  peritos  &  vraduatos  tmfuipt  &*>- 

As  the  pleading,  opening,  and  arguing  of  Cafes  belong  to  the  Students  of  the  Law,  '* 
who  being  Barrifters  or  Serjeants,  are  incipient  and  perfeft  graduates  in  the  Law.-    fo 
the  decifive  aft  of  the  Law,  is  from  the  venerable  and  prudent  mourhes  ofthe  Judges , 
whom  the  Text,to  the  Honour  of  theKingt  and  Laws  of  £»£/W,tcrming  Virus  graves, 
who,  though  men  by  nature,  and  graduates  by  their  proficency  in  the  knowledge  and 
apprehenfion  ofthe  Law  in  all  the  attainable  latitude  of  its  profeflion  ,  it  rai&s  to  all 
veneration  as  Heroiques  and  Divine  Sages,from  the  confederation  that  they  are  Graves 
mente,  Sene  s  corpore, fathers  of  experience,  whofe  youths  abus'd  not  the  Inns  of  Court  ^ZZ  ^L 
by  making  them  tin  diverforia, and  by*trifling out  their  time  in  them, but  were  taken  up  witiu.au  re/.. 
with  inceffant  ftudies,  profitable  conferences,  diligent  exercifesin  the  houfes,  conftanc  M1/11"'?  **«~ 
attendances  on  the  Courts,  laborious  tranfcribing  of  Reports,  yea  and  who  when  they  {7e!"V*"i«8.Sc" 
were  called  to  the  Barr,  (which  they  never  or  rarely  importun'd)  did  forbear  praftice,  H'^'-f""*  • 
til!  they  had  ruminated  wel!,what  the  duty  of,the  requifites  to.and  abilities  for  it.were;  '^  "lZ"nf'a. 
Thefe  Oracles  thus  afcended  to,  and  the  virtue  in  them  thus  graduated, have  by  the  wif-  «»«'.  <?  mcfri. 
dom  of  the  Kings  of  England  in  their  refpeftive  reigns  been  advanced  and  by  the  people  *'f"»"r- i,mi' 
of  Engitni  been  accepted,  as  the  ordinary  living  and  fpeakmg  Law  ,  that  is,  Thofe  fi/t.  6S, 
learned,  pious,  and  impartial  difpenfers  of  Juftice  in  all  caufes,  and  to  all  perfons,   who 

art 


5*4  &  Commentary  upon  Fortbscue. 

Are  able  men,feAring  God,  Itving  truth  and  bating  eovetoufnefs.     But  of  thefe,  becaufe  I 

have  written  in  the  no:es  on  the  24.  and  15.  Chapters,  and  fhallfurhci,  on  ihe  51. 

Chapter,  when  I  come  to  it,  I  forbear  to  write  more;  onely  let  me  ever  remember 

the  Nation  of  that  due  gratitude  they  are  to  perform  to  God  and  the  King,  for  the 

mercy  and  favour  of  furmfhing  the  Courts  of  equity  and  Law,  with  futh  learned  men, 

and  fincere  Judge!  as  now  fit  in  them,  of  whom  I  muft  ever  profefs  my  thoughts,    That 

I  believe  thty  Are  in  all  rtfpeQs  of  learning  and  integrity ,  inferionr  to  no  age  of  their  prede- 

««£w£',  %.   "firs-,  nor  Were  the  people  e/England  ever  better  jAtisfied  with  the  fudges  of  their  timet, 

■ttfKMMM    then  how  the  people  are  with  the  prtfent  Judges,  who  are  (  for  I  am  above  flattery,  and 

xn*m  tfi,  »>f><]£*  defpife  to  proftitute  my  name  and  pen  by  any  ungentleman-like  meannefs )  as  the  Text 

i^enL^'i.Ti  (  written  fy  one  of  them  in  every  regard  )  defcribes  them  to  be  Viri  Graves,  Senes,  in 

*'«•  legibus  iHis  peritiy&grAduAti,']     And  as  Sir  EdwArd  Oo^fayes,  Littleton  had  great 

eook  ?«/„«  to  further  Ante  in  comfofing  his  work.,  in  that  he  ftouri/hedinthe  times  of  many  famous  And 

Littleton.  expert  Sages  of  the  Law,  and  He  himfelf  accounts  it  of  all  earthly  blc/fmgs  not  the  leaft, 

that  in  the  beginning  of  his  ftudy  of  the  Lawes  of  this  Realm,  the  Courts  of  fuftice,  both  of 

Equity  And  of Law, were  furnifhed  with  wen  of  excellent  judgements,  gravity,  and  wifdom, 

from  Vvhom  he  confejfes  to  have  learned  many  things  which  he  publijhed  in  his  Infiitutes , 

Note  th'u.      So  may  the  hereafrer-writers  as  well  as  the  prefent  ones  attribute  much  of  their  happi- 

nefs  and  encouragement  to  the  great  parts  and  virtues  of  thefe  excellent  Sages ,    who 

yet  ( bleffed  be  God)  live  the  life  of  nature,  and  ever  will  live  that  better  and  more  defi- 

rable  life  of  fame  :  For  when  the  name  cf the  wicked  fball  ret,  the  upright  fkall  behadin 

everlaftingremembrAncc ,  but  I  proceed. 

Ji>uo  in  curiis  Mis  adquas  omni  die  placitabili  confluunt  ftudentcs  in  legibus  Hits , 

quafi infeholis  publicis leges  UUleguntur  &  docentur. 

■ 

In  euriis  Oils']  That's  in  fVeftminfter^HAll  for  there  the  Courts  are  fixed  when  as 

u.Cof.MMf.    before  they  followed  the  Kings  Court,  and  were  removable  at  the  Kings  will,  the  re- 

cbma.f.  11.  in-  turns  being  ȣiV#*9*r  fuerimus  -,   therefore  the  Courts  wherein  law  is  debated,  con- 

ftrt.  ^^,.^3^  adjudgcd,being  at  ^'<r/?w7*»^fr,  the  publick.  lodges  of  the  Hudents  fo  near  it, 

advantage  the  ftudents  to  repair  more  readily  to  them :  and  that  they  that  intend  to  be 
Lawyers.and  make  a  progreflion  of  their  ftudy,doe,owx*  die  placitAbili  ~\  that  is,  every 
.  -  Hall-  day  in  the  Termc  -,  for  they  I  conceive  are  only  dies  placitAbilesj  when  the  Courts 
ptdJuZtnZfi.  fit  wherein  Caufes  are  pleaded.  For  though  in  Terme  times  fome  Holydayes  are  dies 
mnodtuttunw,  HtH  pUeitabiles,  and  wn  juridici ,  as  the  common  I  awyers  call  them ,  of  which 
fiuIZ'fMC.r'a^-  *°rc  m cvcry  Terme,  there  are  fome  to  be  named  befides  funday  in  every  week, 
tm'pr*  nix*-  which  is  dies  non  juridicus;  yet  every  ordinary  day  in  Terme  is  reputed  dies  pla- 
Thodff'  fyn'a  cit*bMs  or  juridicus  ]  And  thereupon  pleas  are  held  in  the  Courts,  and  thither  upon 
m.n9.'ct"/fo  fuch  dayes  the  Clerks  and  the  Atturnyes  of  the  Courts,  together  with  the  Pleaders 
j i»fbt.  on  Lit-  tri(j  students  doe  confluere~\  that  is,  not  barely  repair  to,but  meet  and  conjoyn  in, 
lu,°*'.tiU,  Gal-  **  many  waters  doc  refund  thcmfelves  into  one  common  Panch.  Thus  <?«- 
1^177.  far  fayes,    cenfiuebat  ad    eum  magnus  numerus ;  and  Tullyhas  confluere  Ad aliauafiu- 

I'.V'euiiL  11  AIa,  In unum  locum  confluere  ,  AdnosplerA^uecaufACtnjluunt;  and  whefl  he  is  Sera- 
cicfn  piancio  phique  in  the  praife  of  one,  he  fayes,  Laus  ,  Honor,  Dignitas,  Ad  Aliquem  eonftuit, 
clc  1  d»  1  an^  SentinA  Reipubl.  confluitAlitjre.  And  this  the  Students  doe,  that  they  may  fiom 
fwuMM.  '  the  arguments  of  the  Advocates,  and  the  diifHn&ions  and  declarations  of  the  Judges, 
cic  wsaiuft.  10  hear  and  ur.derftand  what  the  Law,is,  and  by  this  are  the  ftudents  as  much  inftru&ed as 
they  arej  infeholis  publicis  leges  UU  leguntur  &  docentur. 

Situattir  autem  fiudium  illud  inter  locum  Curt  Arum  illarum  &  civitatem  London , 
tui  de  omnibus  necejjariis  opultntifftWA  eft  omnium  Civitatum  t$-  Oppidorum 
regni  illiusi 

Thi5  fiudium  here  intended,  is  (as  1  faid  before )  not  referrable  to  one  Inns  of  Court, 
but  to  all  thofes  feverahies  of  that  one  ftudy,  all  which  he  calls  the  lnnsof  Law.  For 
though  I  know  Mafter  Stow  tells  us,  that  the  Temples  were  granted  tobchoufes  of 
Law  in  the  time  of  Edward  the  third,  when  probably  other  Inns  efCcurt  were  not  (o 
deftinaced;  yet  that  our  Text  means  thefe,  excluding  the  other ,ij  not  likely.   For-  our 

Chancellour 


^Commentary  upon  For  t  e  s  cue.  525 

Chancellour  was  a  Member  of  Lincoln  s- inn,  which  houfe  of  his  ftudy  and  breedir.g; 
he  cannot  be  thought  to  leave  out  of  his  Stadium  in  the  Text ;   for  though  before 
H.  8.  time  (  when  Sir  Thi.  Lovel  is  faid  to  be  a  great  Benefactor  to  andenlarger  of  it)  f'^' Sutvey- 
it  was  not  an  Inn  of  that  magnitude  it  now  is :  yet  a  moft  ancient  houfe  has  it  been  of  the  ' 
Earls  of  Lincoln,  one  of  which  dyed  there  Anm  13 10     But  rather  that  he  looking  on 
them  all  as  in  the  Suburbs  of  London  and  Confines  of  wefiminfter,  makes  them  lye  pat 
for  receiving  Clyents  from  the  City  the  feat  of  Trade,  applying  thcmfelves  to  ivtft- 
minfcr  where  the  Courts  the  Sphear  of  Juftices  are  •,  where  all  controversies  depend- 
ing on  Contract  (  which  brings  more  facks  to  the  Lawyers  Mill  then  any  thing  elfe, 
becaufe  it  is  the  general  commodity  of  the  Nation )  are  to  be  determined.     Now  this 
op;ortunene(s  to  London  as  it  is  the  Mother-City  of  England,  OpulentiJJima  omnium 
Civitatum  &  Oppidorum  Regni  illitts,  declares  the  wifdom  of  the  men  in  feating  them- 
feives  fo  near  the  greaceft,  richeft,  and  moft  populous  City  of  England  ■,    concerning 
which  I  have,  as  in  duty  and  gratitude  I  am  bound  as  rt  is  the  place  of  my  birth,  writ- 
ten fomewhat  tellimonial  of  it  in  the  Notes  on  the  24.  Chapter  and  ^  elfewhere  :   fo  Jf1^"'^" 
(hould  I  add  fomewhat  here  in  admiration  of  her,  but  that  the  Text  prevents  me  when  Armoiy.  primed 
it  terms  her    Dt    omnibus  necejfariit  optdentijfima  omnium  Civitatum  &  Oppidorum  x66°- 
Regni.  3  Notwithstanding  which,  many  reproaches  and  detractions  dayly  pafs  from  the      ,         , 
mouths  of  envious  and  ingratemen  againft  her,  which  are  fo  farrfrom  effecting  any  ThtAuttnrt 
real  evil  to  her,  thatthey  do  but  intend  the induftry  of  her  Citizens  the  more  to  truft  j'*!* 
to  God  and  their  diligence,  and  by  the  bleflings  of  them  to  make  thcmfelves  and  their  London, 
families  happy,  which  they  would  foon  do  to  the  difappointment  of  their  reproachers, 
would  diey  match  within  themfelves,  and  give  in  Trade  not  fo  large  credit ;    for  fo 
long  as  God  fets  not  his  face  againft  London,  and  the  River  of  Thames  flows  up  to  Lon- 
don,   Linden  will  be  London  when  all  its  contemners  are  in  duft,  and  will  be  honour- 
ably rcmembred  when  they  and  their  names  fhall  be  forgotten.    For  its  immortal  Ge- 
nius has  fo  much  of  an  indefinite  felicity  in  it,  that  as  it  has  hitherto  in  all  Ages  been 
the  glory  of  this  Empire,  fo  will  it  for  the  future  I  truft  continue  to  be  ;  for  it  is  Vrh  o»fii.  *i  Heivi- 
ptrcnncla  Maria  Genitrix,  as  Seneca  wrote  of  CMiletum  l  'tis  Civitas  Littrarum,  as  ?"> 
Ctfliodort  termed  Rome ;  tis  Domtalttim  Legum  &•  Gjmnaftttm  Liter arum ,and  in  Lip-  *i  o»fii.  Hei- 
fim  his  words  Opto  fice§c&  mantrt :  and  therefore  the  Text  does  not  Hyperboliqucly  vi*  t-  8,*v  '■ 
call  it  Opitlentijjfima,  but  with  relation  to  the  plenty  of  men,  diverfnies of  Callings,  a-  FU"'   , 
bundanceofMcrchandife,  and  vaftnefs  of  wealth,  which  above  and  beyond  any  City 
in  England  it  hath.     Furthermore  our  Text  fayej,   the  Inns  of  Court  placed  in  the  i""r  "'£  p"? 
Suburbs,  Seor/um  parum,tr,  ubt  cenfiuentiam  turba  qnutcm  perturbart  nonpojjit,  J  were  rm, <«»  Ug„ 
fitly  fcated  •  for  had  they  been  in  the  ftreets  of  trade,  there  had  been  no  conveniency  '•"i"»"i  a»fir- 
for  ftudy  which  is  advantaged  by  filence  •,   and  had  they  been  in  the  Country,  there  vcZi7u  £3£ 
bad  been  no  opportunity  to  the  King's  Courts  but  with  much  toyl  and  inconvenience    n*m  ""g"iii: 
which  this  fituation  fo  accommodated  both  to  the  City,  the  Magazine  of  money,  food',  "^r^tmc^ 
books,  men  of  all  forts  and  conditions,  and  to  the  Courts  of  fVe  ttminftt  r  whereunto  Ji.qi  j,tmii 
all  men  are  for  Jufticc  to  apply  thcmfelves,  hath  prevented.     Thefe  things,  I  fay,  well-  f-  •* 
weighed,  there  appears  in  the  (kuation  of  them,  where  they  are,  much  of  prudence  and 
Convenience.    And  fo  1  end  this  48.  Chapter. 


\*%. 


CHAP.     XL  IX.    . 

Stdttttiiiconfitt,  Princepi,  hujus  ftudii  forma  &  imago,  iilam  ut  valto  jamdi- 
fsribam,  Sec, 

THIS  Chapter  is  purpofely  defigned  to  treat  of  the  Inns  of  Court,  and  ofallthofe 
circumftances  in  and  about  them  -t  which  the  Chancellour,  whofe  delight  and  (lay 
was  much  in  them,  endeavours  to  impart  to  the  honour  and  advantage  of  them.  For 
fince  our  Chancellour  was  no  heady  anddefultory  Writer,  (who  paffes  over  the  folid 
parts,  and  treats  onely  of  the  trifles  of  his  undertaking)  but  a  grave  and  learned  Au- 
tbour,  which  gives  every  limb  and  part  its  due  Empbafis,  proportion,  and  ingrediency, 
whereby  he  makes  the  whole  fymmetrious.     As  he  had  before  in  the  eighth  Chapter 

i  i  i  i  difcourfed 


5ltf 


Hifluurwm  m- 
mmt    Dimini  It- 
atnmr  ft*knt 
H'fflihui,    qu* 
hMttaunii  ctuf* 
tAtHHM    ntteffiri* 
fiat. 
Tkolaffan.  M.7. 


Order  tfLinnlnt 
4&f  P&M. 
w<».  1557. /(i.  4. 
P.  J'7- 


Li'4.8.  Lincoln j 
Inn./W,  *4,  87, 

5>7»  ??• 


/<(<•«  twits  M. 
F-  48.-)  11,142.117. 
6-lil/A.f.  zo: 


Carrer    UkttK 
tfHtrtUdrj. 


(tew'i  $*rvtj. 
f.it. 


A  Commentary «/w»  Fortes  cue. 

difcourfedofthe  Forma  Juris,  which  every  good  Student  fhould  embrace  and  profe- 
cuce;  (ohcrthc iocs dikoarfe of ihe F*rm*  &  ]m*£o  StuMi,  of  the  nature  and  or- 
der of  the  Inns  of  Qtnrt,  wherein  the  Law,  which  is  fo  ufeful  to  Order  and  Religion, 
is  ftudyed.    Concerning  thefe  I  raufl  profefs  my  unhappinefi  not  to  be  able  to  write 
as  I  would,  and  they  deferve ;  (for  that  they  being  no  Corporations,  but  Convents  of 
men  who  have  no  fan&ion  from  the  Prince  to  incorporate  them,  but  are  what  they  are 
by  mutual  Conient  and  an  Order  of  common  understanding,  which  pafles  between 
the  gravity  and  youth  of  them,  who  are  for  the  molt  part  fo  confidcrate  each  of  ci- 
ther, that  what  the  Bench  and  Parliaments  in  them  conclude  upon,  the  reft  obferve ; 
or  otherwife  mult  expcCt  not  onely  the  fcandal  of  being  rebellious,  but  the  disfavour 
of  the  Judges  who  will  not  hear  any  Kerch's  that  are  diforderly  to  the  Ancients  rules : 
which  lofs  of  their  practice  and  reputation  makes  fome  as  plyable  to  the  Bencher*  or- 
ders, as  the  Benchers  are  obfequious  to  rcafon  and  juflice  in  the  difpenfatioa  of  them 
to  the  Youngfters.)     I  fay,  concerning  thefe  I  would  more  elaborately  difcourfe,  but 
that  I  yet  neither  finde,  nor  have  communicated  to  me  any  thing  but  what  is  too  nar- 
row to  compleat  fuch  an  undertaking.    Wherein  therefore  I  am  defective  herein  (  as  I 
am  in  many  other  parts  of  this  endeavour )  as  I  humbly  crave  the  Lcarneds  pardon  for  it, 
fo  I  proroife  an  hereafter- fupply  if  Godfhall  bring  this  Commentary  toafecondE- 
dition,  and  betwixt  this  and  then  I  (hall  endeavour  fuch  Collections  as  may  moft  con. 
tribute  thereto  ■,    in  the  mean  time  I  am  to  confider  thefe  Houfes  or  Lodges  of  Law  as 
our  Text  calls  them  Hofpitia.      Concerning  Hofpitia  I  have  written  in  the  Notes  on 
cap.  36".  that  which  1  flhall  add  here,  is,  that  the  Lodges  and  places  of  receipt  to  Soul- 
diers  in  their  advance  to  or  retreat  from  the  Warrs,  were  of  old  fo  called.    For  ihougb 
the  Souldiers  had  among  the  Remans  their  fjofpiiia  Camptfiria,  which  were  their 
Tents  in  the  Field  t,    yet  their  Hofpitia  Militaria  were  fixed  to  fome  fettled  place  or 
other,  from  which  they  departed  not,  but  to  which  refolutely  adhered.    Thefe  were 
called  Inns  for  their  receipt  and  charitable  accommodation,  becaufe  what  receipt  they 
gave  was  free  and  in  an  orderly  and  futable  manner  to  fuch  expectations  as  ftrangers 
could  hope  to  receive  upon  travel.    Hence  comes  it  to  pafs,  that  becaufe  Hofpitia 
Militaria  are  properly  intended  to  receive  Military  men }    the  Inns  of  thefe  Military 
men  termed  Templars,  rcfiding  in  the  Temple,  London,  gave  name  to  the  moft  anci- 
ent and  eminent  of  the  Inns  of  Court,  The  Temples,  which  became  Inns  of  L*Vr,  as 
heretofore  I  have  (hewed. 

Thefe  Hofpitia^}  our  Cbancellour  fayes,  are  either  Minora,  preparatory  Lodges  of 
Frefhmen ;  for  none  were  to  be  admitted  of  an  Inns  of  Court,  but  fuch  as  firft  have 
been  in  an  Inns  of  Chancery  ■,  and  fuch  as  probably  were  forced  by  exigency  of  for- 
tune to  live  near.-  or  Major* ,  fuch  as  received  not  the  Gudgeons  and  Smelts,  but 
the  Polypus's  and  Leviathans,  the  Behemoths  and  the  Gyants  of  the  Law.  Of  the  firft 
fort  called  the  Inns  of  Chancery,  fo  called  poflibly  becaufe  they  contained  fuch  Clerks 
as  did  chiefly  ftudy  the  formation  of  Writs,  which  regularly  appertain  to  the  Officers 
of  the  Chancery  (  to  wit,  the  Curfitors,)  there  were  by  the  1  ext  ten  .•  thefe  were  as 
the  ten  Tribes,  that  revolting  from  ignorance  to  Clerkfhip,  became  men  of  prudence, 
diligence,  and  fortune.  Thofe  that  of  them  yet  remain  are  Thavy's  Inn,  reputed  the 
ancienteft  Inn  of  Chancery,  fo  named  from  one  Thavv  a  Citizen  of  London  that  there- 
in Temps  E.i.  lived ;  but  Temps  H.J.  it  is  faid  to  be  purchafed  by  Lincolns  Inn. 
Bernards  Inn,  in  the  occupation  of  one  Bernard,  who  Temps.  H.  6.  dwelt  in  it,  and 
ever  fince  it  has  been  called  fo.  f  ur  nival' s  Inn,  fo  called  from  Sir  William  Furnival, 
Temps  E.  2.  inH.  6.  time  it  belonged  to  the  Earls  of  Shrewsbury ,  after  purchafed 
Temps  Q.  Eli*,  by  the  Society  of  Lincolns  Inn.  New  Inn,  cre<fted  to  beanHoftle 
for  Students  Temps  H.  7.  fince  purchafed  by  the  Society  aforefaid.  Clement's  Inn, 
fo  called  becaufe  it  pertained  to  the  Parifh  of  St.  Clements  Danes.  CI) ford's  Inn,  the 
houfe  of  the  Lord  Cljfvrd.  Staple- Inn,  belonging  to  the  Merchants  of  the  Staple. 
Lions- Inn,  before  H.  7.  time  it  was  the  fign  of  the  Blacky  Lion,  whence  called  Lions- 
Inn  to  this  day.  Thefe  eight  are  all  now  in  being.  There  was  a  ninth,  Cheficr's  Inn, 
which  Hood  on  or  near  the  place  where  Sotntrfet. houfe  flood,  but  it  was  pulled  down 
Temps  E.6.  The  tenth  Inn  of  Chancery,  which  was  (landing  in  our  Chancellour's 
time,  is  wholly  loft  in  the  memorial  of  it  •,  unlefs  St.  George's  Inn  over  againfl  St.  Se- 
pulchre* Church,  which  is  thought  to  be  the  ancienteft  Inn  of  Chancer  j,  be  it :  for 

Scroop's 


A  Commentary  upon  Fortes  cue.  517 

Scroop's  Inn  is  not  to  be  zccounted  one,  fince  if  lias  been  reputed  to  be  anhoufe  of 
Serjeants.     But  thefc  eighc yet  in  being  are  flill  inhabited  by  young  Atturneys,  and  see  orders  for 
Students  after  the  manner  of  the  Inns  of  Court,  and  are  accordingly  governed  and  inns  of  chance- 
ordered  •    for  they  do  all  of  them  appertain  to  feme  or  other  of  the  Inns  of  Court,  and  Zimin*'  *'  Jo"*' 
have  Renders  every  year  fent  frora  them,  who  do  therein  read  Law  to  the  young  Sta-  tfi.  ite/ifftaii, 
dents  after  the  likenefs  of  the  Inns  of  Court:  and  every  one  of  them,  fayes  our  Text    &c- 
contained  Centum  Studentes  ad  mintu  "\  Who  though  they  refided  not  therein  altfaycs, 
nor  had  Commons  in  them  but  in  Term-time,  when  the  Atturneys  and  others  Mem- 
bers of  them  came  up  to  the  Term  to  follow  their  Clyents  bufineffes  -,  yet  were  they 
contributory  to  the  charge,  and  fubmiffive  to  the  Government  of  them,  and  there  had 
their  Chambers  and  were  in  judgement  of  Law  abiding.    And  many  of  them  that  were 
young  and  intended  fludy  of  the  Law,  in  order  to  tranfplantation  to  the  Inns  of  Court, 
learned  here  the  knowledge  of  original  and  judicial  Writs,  and  read  the  Elements  of 
the  Law,  to  fit  them  for  remove  into  the  greater  and  more  creditable  Sphears  of  Law, 
Hosfitia  Curia  ~]  fo  called  becaufe  they  are  Receipts  of  the  Children  of  Nobles  and 
Gentlemen,  who  oncly  of  old  were  admittable  into  them.     Thefe  our  Text  reckons 
as  at  this-  day  four,  ThttwoTemples,  the  Houfe  of  the  Templars,  wherein  they  lived 
in  great  plenty  above  an  hundred  years ;  Lincoln  Inn,  the  Houfe  of  Henry  Lacy  Earl     , 
of  Lincoln  ,    afterwards  it  was   the  Bifhop  of  Chlchefier's  till  Henry  the  Eight's  iM'.yw.L}T7C. 
time,  when  the  intereft  thereof  coming  to  Juftice  Sullyard,   Sir  Edward  Suliyard 
in  22  Eliz.  fold  it  to  the  Benchers  and  Society  of  Students  therein.    Though  the 
Temflis  have  ever  been  famous  for  good  Pleaders,  yet  this  Inn  grew  up  chiefly 
in  Htnrj  the  Sixth's  time,  when  one  of  the  greateft  Gloryes  of  it  was  our  Re- 
verend Chancellourj  Gray's  Inn,  feated  within,  the  Mannour  of  Poorptol,  as  I  con- 
jecture, the  Corps  of  fome  Prebendary  in  Saint  Paul's  Church-  called  Gray's  Inn 
from  the  noble  family  of  the  Grayes  inhabiting  it  in  Edward  the  Third's  time,  near 
about  which  it  began,  inhabited  by  the  Students  of  the  Law,  who  had  it  granted  to 
them.     All  which  are  Societies of'the  Cream  of  the  Gallantry  of  England,  each  of 
which  in  our  Chancellour's  time  contained  near  200  Students,    which  is  a  vaft  aug- 
mentation fince  Henry  the  Fifth's  time,  of  which  Mr.  Fern  fayes  he  has  feen  an  Alpha-  GIo 
bet  of  the  Names  and  Armes  of  all  thole  that  were  Members  of  an  Inns  of  Court,  ex-  fuy°rJ.';4.eaCt°" 
ceeding  not  above  the  number  of  fixty  :    fo  great  an  improvement  does  a  few  years 
produce,  thatinthc  very  next  Reign  thofc  Inns  had  near  or  full  out  200.  Benchers, 
Barrifters,  and  fing'c  Students,  fince  all  thefc  are  contained  under  the  Text's  Studen- 
tes, for  they  do  fit:d:recptimis  difcipHnis  &  artibus,  as  the  Oratonr  fayes  ;  and  there-  cic  i.Wl 
by  they  do  /audi  &  dignitati  fiudere  :   yea,  they  do  pec ;<niis,  Imperils,  gloria  finder e,  4  ■*>«««*. 
and  in  fo  doing,  arrive  at  that  Greatnefs  no  Profefion,  be  fides  theirs,  brings  the  Profi-   '  °'  F""h' 
dents  in  them  unto. 

In  his  enim  majoribus  H'fpiiiit,  neejuaetnam  fctefi  fiudens  ali^aisfufientari  minor ibtti 
txpenjis  in  anno,  qxam  tUcginta  Scntorum. 

By  this  it  appears  the  Honour  of  being  an  Inns  of  Court  man  was  great  in  our  Chancel- 
lour's time.becaufe  none  were  admitted  of  them  but  men  asofbloud  fo  of  fortune;  fince 
to  live  and  fludy  there  was  fo  chargeable  that  a  thrifty  liver  there  could  not  come  off  for 
lefs  then  80  Efcnes,  wcl>  I  take  not  to  be  as  W.Mulcafler  makes  it  to  amount  to  twenty 
Marks,  but  calling  the  Efcnes  into  thofe  that  are  Efcue  vieil,  worth  7  s.  6  d.  Ster- 
ling a  piece",  comes  to  near  3  o  /.  a  year,  which  in  that  time  wr.s  a  good  allowance,  and  Si  vis  v*un  mi- 
this  the  Chancellour  knew  to  be  very  competent  for  a  Student  that  lived  in  no  luxuri-  ^V.m^/«'«» 
ous  pomp,  but  intended  his  mindes  accomplishment  in  order  to  his  future  profeffioo  f»P"'  /W"; 
of  the  Law.    For  although  moll  men  now  repair  thither  for  faQiion,  and  to  fpend  mo-  ^/Ztal^fi" 
ney  -,  yet  of  old  they  thither  wene  and  there  refided  to  acquire  parts  of  virtue  and  fmgaiutii  i»r*. 
aftion,  and  to  compleat  themfelves  as  good  Chriflians  and  flout  Gentlemen ;  and  this  ?'*£''•"•  ""<™ 
to  doe,  nothing  contributes  more,  next  God's  blefllng,  then  frugality  of  living  and  \7nl"".\tLT. 
keeping  dofe  to  fludy .-    for  large  fortunes  and  allowances  make  youth  preys  to  vice  Ee  k- 
and  baits  to  fcdu&ion  .     For  when  in  elder  Ages  there  was  more  feverity  conveyed  to 
youth  by  education  and  frugality  of  nurture,  then  were  effeminacies  anticipated,  and 
luxury  was  wholly  borne  down  by  the  prevalence  of  refolved  virtue  ;   the  moderation 

I  i  i  i  *  of 


5x8  A  Commentary  upon  Fort  escu*. 

of  which  ai  it  directed  the  affections  and  defires  to  God  and  goodncfs,  fo  did  it  tak?  a- 
way  the  neceflity  of  a  great  fortune,  which  in  this  deviation  from  it,isindifpenfably 
to  concur  with  the  charge  and  ftate  of  immoderate  and  high  living,  which  is  the  rea- 
fon  of  the  change  of  times  in  portions  and  expences  -y  for  whereas  the  portion  of  H. 
the  third,Son  to  the  Cdnquerour,  when  he  was  a  younger  brother,  was  but  bare  5  000 
pounds ,  and  that  was  then  thought  a  good  eftate  ,  now  fuch  a  portion  is  thought 
inhischariftn  i>u  c  fmall  for  an  Alder  mans  Son-,  So  much,  faith  Sir  Htnrj  Wotton,  is  either  wealth 

ci  Ionic    Kings  '  ,  J, 

otEnttdHd.f.i^o  increafed,  or  moderation  decreajta. 

Et  Ji  fervientem  (ibi  if 'ft  ibidem  habuerit,  ut  ecrum  habit  jluralitas ,  tantotunc  ma- 
jorei  if  ft  fuftinebif  ex f tufas. 

• 

In  our  Chancellours  time,men  of  honour  aud  worfhip.fent  no  children  to  thefc  Jrms 
of  Court,  but  fuch  as  they  could  honourably  and  plentifully  treat  there,  which  they 
notopinionatingtobedone,  other  then  by  adding  to  their  convenient  Chamber,  de- 
cent furniture,  rich  apparel,  different  Mafters  for  every  fcience,  and  a  full  purfe  for 
every  paftirae,  a  well  apparated  fervant  to  attend  them,  enhaunfed  the  cxpence  of 
their  ftay  there,  which  they  very  willingly  allowed  to  train  their  Sons  up  to  generous 
purpofes  of  recreation  and  profefl&on,  fincc,  as  they  were  the  beft  of  the  Nation  that 
fo  placed  them,  fothey  having  fufficient  eftates  to  defray  the  charge  of  their  confpi- 
cuity,  expended  it  on  them  in  their  perfons  and  equipage.  For  as  then  none  but  men 
of  eftate  entred  themfelves  in  the  Inns  of  Court;  fo  being  there  entred,  none  almoft 
lived  but  with  a  fervant  to  attend  him  when  an  under-bar  ftudent,  which  was  very 
comely  and  nfeful,  if  the  fervant  were  well  chofen,  and  proved  well.  For  though  a 
Strvm,  fuftiuui  mcan  an(j  trifling  fervant,  be  but  a  harpy  ,  and  ferves  onely  to  promote  a  debauched 
w'jM*enee''z>»  Mafters  vanity,  by  the  inftrumentality  to  which  he  takes  confidence  to  become  a 
itmfic.  t.  47.  Quarter-Matter  with  his  Mafter,  as  knowing  he  muft  not  difpleafe  him,  Icaft  the  fe- 
crets  intrufted  with  him  take  ayre  by  his  difcovcryj .  the  convenience  of  which  fervant 
to  carry  on  his  fecretas  it  firtt  afiiiled  the  Mafter  in  his  clancular  defignsofvice,  fo 
the  awe  of  his  detedion  upon  difcontent,  makes  him  fo  mean  a  vaflal  to  his  fervant,  as 
nothing  meaner  can  be.  For  nothing  is  more  infolent  then  a  ncceflary  fervant,  which 
the  Earl  of  Effex  found  true  in  Sir  Anthony  Racon,  whom  he  made  ufe  of  in  all  his  fe- 
crccies  in  the  difference  be  had  mih  Cecil,  and  thereby  did  fo  inflame  Bdcons  merce- 
nary foul,  that  he  covetous  to  dreyn  the  Earl  of  fome  notable  reward.gave  out  that  he 
could  mend  his  fortune  under  the  Cecilians ,  which  the  Earl  of  Northampton  hearing, 
air.  ant,  w*.  friendlily  difcovered  to  the  Earl  of  Efftx  with  this  concurring  advice,  to  Ireep  Bacon 
»«..  /■  m»  'J-  hit  confident,  whatever  he  gave  him,  leaft  his  difcoveries  fhould  ruine  the  Earl  in  his 
fortune  and  honour.  The  Earl  of  Effex  followed  the  counfel,  and  gave  him  Effex 
houfe ,  which  he  was  fain  after  to  redeem  with  2.500  pounds  in  money,  and  1 500  ■ 
pounds  he  before  had  upon  a  like  trick,  which  fhews  that  fervants  if  not  well  chofen, 
and  warily  trulted,are  dangerous  attendants.  That  then  which  the  fervant  is  an  advan- 
tage in,  is  when  he  is  fober  and  fincere,  when  he  underftands  his  duty,  and  makes  con- 
fidence to  perform  it,  and  both  will  and  can  ferve  his  Mafter  to  honcft  and  worthy 
purpofes,  to  excite  him  to  worthy  aftions,  to  advifc  him  humbly  in  doubts,  this  is  a 
senee.  if  >7-  fervant  that  defervei  to  have patrimonium  liber tini  as  well  as  he  has  ingenium  liber tini, 
as  Seneca  fayes, not  as  Lippus  interprets  ingenium  libertini,  hum'xle  ,terreum  &  auod  fa- 
peretflirpem,  but  in  that  he  has  a  free  and  virtuous  foul,  deferves  to  be  futably  rewar- 
ded for  his  fervicc, 

Occafione  vert  fumptuum  hujufmodi  cum  ipjl  ntbilium  filii  tantum  in  hofpitiis  illis 
leges  addifcunt. 

It  fhould  feemby  this  claufe,tfaat  none  but  Gentlemen  of  the  beft  quality  fent  their  Sons 
hither-,arid  by  Command  ot  King  fames,  none  was  to  be  admitted  to  the  Inns  ef  Court, 
Lit^oiiKin'n'  hat  a  Gentleman  by  defcent ,  and  that  not  onely  becaufe  they  had  keeneft  ftimu- 
w.  o.f, » iu,  lations  to  liberal  ftudies,  wherein  being  Matters  they  might  beft  ferve  the  noble  ends  of 
juftice  and  order:  but  alio  for  that  the  expences  of  their  education  to  the  Law  being  fo 
chargeable,  is  beft  borne  by  them  that  have  plentiful  incomes  to  defray  them  by :  And 

thefe 


A  Commentary  upon  Fortes  cue.  529 

thefe  by  the  text  are  faid  to  be  whiles, vrA  their  Sons  fent'thither  nobilium  filii"]  which  is 
to  be  undcrftood  not  of  the  high  Nobility,the  Peerage  ( though  often  their  Sons  were  f^7"  ^^ 
thither  fcnt,and  there  have  pi  ofefled  the  Lawes,and  been  advanced  in  fortune  by  them) 
but  the  Sons  of  the  lower  Nobility,  Knights,  Efquires,  and  Gentlemens  Sons,  who 
are  chiefly  the  whiles  here  ;for  thefe,  as  their  Fathers  have  great  eftates,  and  generous  "A{/r»»   W/« 
bloud  in  them,  fo  doe  beget  and  nourifhin  their  children  that  bravery  which  may  excite  ap/s-J*  ov^yr 
them  to  and  confirm  them  in  virtuous  emulations,  and  roufe  up  their  fpirits  to  excellent  »u7«u.  Plato 
performances.  And  this  the  ancients   thought  fo  peculiar  to  noble  birth,  that  they  de-  lib.  5.    Dt 
cryed  all  mean  born  perfons  from  publick  trufts  and  honours,  and  that,  for  that  J\>xo-  Repub. 
v{i7n{    rk    «t4?/u«]©-  ,    For  the  very  fervility   and.meanntfs  of  fpirit  which  is  im-  E"pl»adc»  *# 
prejfed  on  them  by  their  genitor  ;    and  alfo,that  «i-«A<t^j<ty h*.yuyh,that  illiberal  e-   c^Oblium  My- 
ducation  that  they  take  by  reafon  of 'it.     I  know  this  is  no  general  rule  exempt  from  all  fag.tffc*.«.4i 
exception,  for  there  is  every  dayes  experience  of  Gentlemen  born,  that  are  fordid 
and  mean  in  nature,  and  oT  Plebeians  by  birth  that  are  Genteel'd  in  difpofition ;   but 
for  the  moft  part,  and  according  to  the  general  difpenfation  of  nature  itbeingfo,  the 
learned  in  all  times  have  judged    thofe  fitted  for  great  trufts  and  honours,  who  are 
not  twnyflfiti  ( as  Mercury  in  Lucian  cries  out  of  extemporary  Philofophers ,  who 
bafe  in  birth,  and  breeding.couet  to  doc  high  things  but  fail  in  them. )  but  ^nti«t,xj  i-uci»nos  •'»  *» 
hunSf  */*«&«  >*"§-,  a*  Socrates  his  words  are,  Wellborn,  indwell  employee!  and  im-  *"*f'""- 
proved  by  virtuous  education,  who  thereby  will  be  able  and  willing  to  expedite  Juftice, 
and  to  prevent  oppreffion  and  violence,  which  as  ill  Advocates  doe  promote,  fo  good 
ones  doe  prevent.  This  is  the  reafon  D'argentre  in  his  account  of  Britany  fayes,  that 
by  the  Lawes  of  Britanny,  and  according  to  the  old  conftitution  of  that  Dutchy,  no 
man  could  be  an  Advocate  or  pleader  of  Caufes,  but  he  that  wasof  a  noble  Anceftry 
of  Gentry;  becaufe  mean  fpirits  doe  embafe  the  honour  of  the  Lawes  by  ferving  the 
ignoble  ends  of  thofe,  who  being  great  would  be  cruel  and  diforderly  againftthe 
counfei  and  enaction  of  the  Laws :  which  becaufe  men  of  good  families  may  be  prefu- 
med  not  to  connive  at  or  approve,  but  to  oppofe  and  reject ,  * 

therefore  they  have  been  ever  judged  meeteft  to  be  bred  to  the       Gntrtfi  animi  &        fici  ^ 
knowledge  of  Lawes  that  they  mfgnt  be  employed  in  thole  trufts.     &fndtjpnVu<{»t  *««/>««,  £>«.  mm. 
And  therefore  though  fome  defpife  bloud  and  parentage  (and  in    '^"^"'"J""'  f4""""""-  ui-  i>  D' 
fome  it  deferves  no  lefs,  becaufe  their  lives  and  minds  are  fo  unlike        * '  ' 47' 
it  in  any  expreflion  worthy  it )  yet  wifdom  thinks  vtmr  «(j/«*f«-       ?kn0  jud*m.  uh.  bc  tmxtat*. 
mrefv  &n  ytit,  the  mofi  glorious  Temple  of the  minde  one ly  fit  to  con-     t"  at- 
tain it,zad  that  onely  nobility  to  be,  as  Philo's  words  are,  the  great-  ' 

eft  gold  andcaufalofthegreateft  good,  which  is  folely  bent  upon  and      ,  Mirror  iyatir  j£  ua^Kar 
conjured  to  advance  goodnefs  andvirtue  ..which  ambition,  when  the    "J*^  **tm.      Idem  lib. 
minde  of  man  has,  he  in  whom  that  minde  is,  deferves  the  ut  moft     Pr*titat.  ad  hitium. 
fecular  honour.    Let  thefe  be  Kings,  fayes  Seneca,  though  their  An- 

ceftours  were  none ,  for  in  that  they  preferred  fu/fice  before  their  emolu-  /h*Z ,*"  j££. ^Z'ZpZ'ZtZ 
ment,and  When  others  tore  and  rent  the  Common-wealth  With  factions  ,  nmimfuum,  Mftumum.  <^nUno*  ign- 
thefe  lay  (till  and  encouraged  no  commotion  ,  nor  irritated  any  party.  £""""  KM]Wr*L  d,c*v.r»»r, 
Let  thefe  rule,  who  could  fo  well  overrule  thetr  own  pajpons  ,and  ft  bene-  v.  <?«>  *nu>mmfifr*firtun»mgefiit.  it- 
fit  mankjude  by  good  precepts  and  principles  This  is  true  nobility,  not  ■**•**•>*■  D,'Stncfu  f.r.. 
tincture  of  bloud, &:  grandeur  offortune,or  honour  fromPrinces,but 

that  honour  that  appears  ir?«£s<»r  oj/wawl/ ,  &c.  in  aQive  virtue,when        rhilo.    Lit.  Dt  tt»Hlim:t>.  3*4. 
high  fpirits,  put  men  upon  high  defigns  of  virtue  in  deed  and  truth,  and 

wt  in  KorAandvapour  -,  For  without  thefe,  Gentility  and  Nobility       /(  htTcll  ,,„„,„„„  dll„„t  ^^ 
figmfie  juft  nothing,  nor  is  it  any  addition  to  our  ftudent  to  be     i«»'«»  «**«««  mhit [**  m**  w»atit: 
nobilis  ortu,  if  fuch  he  be  not  dotibus  &  ftudiis.    Whereas  then  'tis     *££  Clinitus  '■  '■  D'  **"**  ** 
faid  in  our  Text ,  ip ft  nobilium  fitii  tantum  in  hofpitiis  i/lis  leges  ad' 
difcunt,  'tis  to  be  underftood  that  as  they  are  moft  proper  to  learn 
and  praftifethe  Law  ,  fo  for  the  moft  part  they,  and  they  onely  do;     For  tantum  it 
not  here  exclufive,  but  accumulative,  not  an  onely  of  impropriation,  as  if  none  but  ^„,yj  '?/«/,/,.' 
fuch  did  or  might.-  but  an  onely  of  annumeration,  as  I  may  fo  fay  ,  more  of  them  thl*f,tltU"  *; 
then  of  any  other  doe  ,  nay  the  greateft  part  of  thofe  that  doe  in  hofpitiis  iSis  leges  ad-  ffi^**^ 
difcere,  are  of  thofe  wbilium  filii.     For  this  Philofophy  is  no  populart  artificium,  buc  m»»  virtu/a 
thofe  are  to  ftudy  and  attain  it,  who  are  induftrious  and  not  faint  hearted,  whom  no  "•"'""'/'•  se- 

'  '  ,  ,  ncc.  Etif.  16. 

labour 


5$o  A  Commentary  upon  Fortescue. 

labour  and  toyl  of  brain  will  difcourage,  no  voluminousnefs  of  Au- 

c»i*t  ( Hofpitii  juris)  cum  w/M»/«m  thouis  will  affrighten.     I  or  though  ingenuity  and  mother-wit  may 

r:^:frJ.ZrtZZ^Z7J:7L  *°  n.uch,  ami  may  make  a  great  buitle  with  it  ,  yet  book,  throughly 

„„„.»»,  muitm  nm  tuaum  fii*m.  fii  read  and  underftoodare  the  great  helps  to  skill  and  art  •  andbcthat 

ftrfmm  immms  frfhaiitm.  txcidit  mi  jn[encj5  incra  wcn  fhall  addifcercfl.%  our  Chancellour's  word  is.thar  is 

ai.f,,  not  operofe  moil  agere,  &  in  literarum  tmttilmm  St  nans  detmeri, 

iim  tft  ^nti  tdmirnii  tnimnm  mium,  whjcn  the  Moralifl  accufes  the  Greek*  to  have  corrupted  the  Ro- 

£«  d.  ulitn.  O**,  rum.    Scncc.  £,.       mafis  w.  tfa  the  loye  of  _     but  tQ  ,carn  by  ftu(Jy  what  may  add  w  [hc.  f 

$h*.  fivt  ctniintai  vihii  itcitum  cmfd-     own  ingenuity,  addifcere  anafi  addert  ad  qua  didictrunt,  to  make 
XSSu^/itr^ISS    an  improvement  by  learning  to  what  God  ha,  given  them  inru- 

vim.  p.  734-  tUrC. 

Cum  Pauperts  &  vulgaris  pro  fHiorum  fuorum  exhibitione  tantos  Juviptms  netjueant 
fufferre ,  &  Mercatorts  raro  cufiunt  tantis  eneribus  annua  attennare  Mer- 
chandifas  funs. 

Here  the  Chancellour  fhews  how  it  comes  to  pafs  that  the  Gentry  onely  do  fend, 
and  an  maintain  their  fons  at  the  ftudy  of  the  Law  which  is  fo  chargeable.     }  or  there' 
iTu"  *  f"~  being  amongft  men  poor  and  vulgar  perfons  who  cannot,  and  men  of  Trade  who  will 
not  be  at  the  charge,   thofe  that  doe  and  will  muft  be  of  the  Gentry,  who  are  neither 
of  both  ranks  but  a  degree  above  them  :  and  thence  are  the  Nobilium  filii  tent  to 
No  Attmney  to  t^e  £j0fatia  as  the  foli  that  can  and  will  bear  the  charge  of  the  breeding  to  profefc 
w'n^H^es'of  the  Law.    Alas,  in  our  Chanceilour's  time  the  Yeomen  and  Country-]  armers  were 
law.  order  tf    j(ept  |ow  and  needy,  the  Citizens  not  fo  full  and  landed  as  fince  Queen  Elizabeths 
wt/./""'/,''7  time  they  have  grown ;     and  therefore  our  Chancellour  had  good  reafon  to  write  as 
♦  p.  &  Mar.  '     he  did,  that  the  Nibilmm  /?/»'  onely  did,  becaufe  the  Pauveres  and  Vulgares  could  not, 
and  Burgers  the  Mercatores  here,  would  not  be  at  that  charge,  by  breaking  their  Hocks 
and  disburfing  fuch  fumms  of  money,  as  in  this  way  ©f  breeding  was  to  be  expended. 
But  alas  fince  that  time  all  things  are  become  new  t    the  Peafant  grown  rich  makes  his 
r«  fifiti,,  frfu-   fon  ptr  cimThaino  dignittte,  and  the  Citizen  defcended  out  of  the  belt  families  of 
JKJiS  Gentry  in  .EajW,  having  an  Elder- brothers  fortune  for  his  fon,  breeds  him  as  high 
dtfirmt,  ■,  &  fi  is  may  be,  and  yet  does  not  Merthandifas  minuarc.    For  he  looking  upon  mens  fons 
f,rt*f*  tjtimM  t|jat  hjve'rifen  to  be  great  Counfellours  to  Princes  upon  the  account  of  good  parts 
n,m""u'^,,'.m    well  direfted  and  fortunated,  hopes  by  brave  education,  to  fee  him  prove  one  of  them, 
ftnaur  p*m*     ancj  tiiercupon  cares  not  what  he  fpends  upon  him,  fo  he  be  fober  and  diligent :    but 
t*. '  itrtcxln-  rather  the  breeding  of  a  fon  to  this  courfe  makes  the  father  more  diligent  and  con- 
fii.  *i  Marciam.  cerncd  to  ger,  that  he  may  leave  an  cftate  fit  for  fuch  his  fom  generous  education.     So 
p'  '75'  that  now  not  bloud  is  the  onely  good  ingredient  to  an  Inns  of  Court  man,  but  fortune, 

and  Gentlemen  in  reputation  men  are  according  to  the  latitude  or  narrowuefc  of  their 
H*cfMait«*      fortune .    though  trucly  good  breeding  and  brave  qualities  with  little  fortune  often 
™J,7$m"Lm     works  greater  wonders  by  its  endeavour  to  obtain  confpicuities  of  life,  then  the  great- 
*g*u,  sutrd,-    cq  bioucj  0r  fortune  without  them  has  obtained,  witnefs  not  onely  Mania's  fon,  whom 
nccV'Swr'Je*  Seneca  terms  fo  rare  a  lad,  that  the  wifdom  and  majefty  of  his  demeanour  brought  him 
Marciam.  c.  n.  into  the  Sacerdotal  Grandeur,  when  but  a  childe,  and  Fabius  Maximus,  Cnejut  t>o- 
Lipfius.nsenec    ■*»*•  Sempronius  Gracchus,  all  which  when  but  very  young  were  highly  tor  their 
ctlp,i.*d  Mar-  wifdom  dignified,  and  Tacitus  fayes,  defervedlj ;    but  alfo  in  that  never  tobeforgot- 
"*«/'  ■rmuui'     tcn  kut  ever  to  be  honoured  Sir  Henry  Sidney,  a  Gentleman,  who  though  he  had 
m/«  nmiufZ  many  Peers  to  him  in  fortune,  yet  had  none  in  his  time  of  almoft  equal  virtue,  nor  any 
umu  sutrttnu    triat  \  remember  of  like  reputation  as  he  was ;   for  though  Queen  Elizabeth's  time, 
r.»imt.  Tacitus.  w{,lcn' was  fo  choice  in  Minifters  of  State  apd  publick  employment,  nourifhed  many 
incomparable  Statin's  and  Courtiers,  yet  did  few  if  any  of  them  overtop  Sir  Henry 
Sidney,  but  that  he  was  accounted  the  glory  of  them  all :   being  therefore  not  full 
one  and  tweny  years  of  age,  lie  was  fent  Embaffadour  to  H.  J .  of  Trance,  and  that 
net  upon  Complement,  but  matter  of  great  Concernment ;    which  he  tranfarfted  with 
fo  great  judgement,   that  every  year  afier  he  was  on  fome  Embaflye  or  other: 
and  at  laft  was  four  times  Lord-Juftice  of  Ireland,  three  times  Deputy  of  Ireland 
Holing!!  cd.  f.     by  fpecia|  commiflion,  and  "dyed  Knight  of  the  Garter,  leaving  his  ion  moft  like  him 
in  all  renowned  qualities,   ar.d  therefore  admired  by  all  the  World,  learned,  eloquent 

valiant 


A  Commentary  upon  FortescuS,  531 

valiant  and  courtly  Sir  Philip  Sidney,  who  yet  remains  in  memory  the  Darling  of  the 
Mufes,  and  the  eternal  grace  of  all  good  Letters :  but  I  proceed. 

£*»  fit,  ut  vix  deft  us  in  Li gibus  Mis  reperiatur  in  Regnt,  qui  ntn  fit  Nobilis,  &  it 
~  Nobilium  gtnere  egrc§H*. 

This  unavoidably  follows  upon  the  Premifes  truth :  If  none  can  be  learned  in  che 
Lawes  but  thofe  that  ftudy  it,  and  none  can  to  a  latitude  of  learning  Rudy  it  but  they 
that  do  it  in  frofrio  Studio,  that  is,  take  the  water  at  the  fprings  head,  and  attend  the 
Courts  in  their  debates  and  resolutions  •,  and  thofe  that  ftudy  it  muft  -be  able  and  wil- 
ling to  undergoc  the  charge,  which  few  in  Henry  the  Sixth's  time  were  but  the  Ne- 
biles,  that  is,  the  Gentry,  who  had  fair  Lands  and  Offices,  by  the  income  whereof 
they  plentifully  fupportcd  themfelves,  if  by  all  thefe  Gradations  there  is  afcent  to 
learning  in  the  Law,  then  the  learning  that  is  attained  to,  muft  be  by  the  Nobles,  that 
is,  the  Gentry,  who  are  fo  doSi  in  Legible*,"]  that  they  are  Sacrarnm  opinionum  Cendito- 
res,  as  after  they  have  been  double  Readers  or  Serjeants  they  are  accounted.  J  grant 
there  might  be  feme  then,  as  now  there  are  many  more  who  are  learned;  yet  not  of 
the  Nobilium  genere,  which  is  the  reafon  of  the  vix  to  qualifie  the  peremptorinefs  of 
the  pofition  :  but  to  one  that  was,  twenty  were  not  of  any  race  below  that  of  Gentry 
by  the  Father,  which  is  the  right  line,  and  fo  are  Nobiles  within  the  Text-,  or  by  the 
Mother,  who  being  de  genere  Ntbilium,  her  fon  may  by  our  Chanccllour  be  faid  to 
be  de  Nobilium  genere  egreffu*. 

Vndemagis  aliis  conjimilis  ft  at  tit  hominibus,  ipfi  Nobilitatem  cur  ant  &  confer- 
vatisnem honoris  ftr  fans*  fat. 

• 

This  is  added  to  (hew  the  truft  that  the  Nation  puts  in  men  of  the  Law,  and  the  con- 
fidence they  have  in  them  from  the  confideration  that  they  have  honours  and  fortunes 
to  aw  them  from  ail  fordid  and  trucking  practices.     For  though  every  man  is,  as  an 
honeft  man,  bound  to  keep  bimfclf  jult  and  upright,  becaufe  of  God  his  Judge,  and 
Confcience  his  accufer  or  excufer  -,  yet  are  forac  feemingly  more  obliged  hereto  then 
others,  becauf-  they  have  fuperadded  reftraints  and  favours  to  thole  common  ones, 
which  the  humane  nature  promifcuoufly  hath,  and  by  which  it  is  circumfcribed  and 
confined  :  and  this  the  Text  makes  to  be  Riches  and  Bloud,  the  two  Darlings  of  all  Po- 
lities, and  thofe  pair  of  Favourites  that  accommodate  Peace  and  Warr.     Now  though 
no  man  can  endow  himfelf  with  either  of  thefe  further  then  God  gives  him  opportu- 
nity thereto,  and  gives  him  wifdora  to  difcern  and  co-operate  with  his  opportunities  ■, 
yet  every  man  that  has  the  ufe  of  reafon  and  the  fervour  of  Juftice  in  him,  can  chufe 
whether  he  will  be  fordid  or  nor,  and  can  ( it  he  will)  refolve  to  keep  himfelffrem  a  juft 
arraignment  of  difhonetty  and  injuftice.     And  therefore  men,  next  to  the  fear  of  God,    ■ 
(hould  propound  to  themfelves  great  examples  and  great  exceedings  of  any  thing  in 
their  family  before  them,  as  that  which  might  both  keep  them  in  aw  of  lefiening  theif 
family  by  doing  any  thing  minute,  and  put  them  forth  to  do  fomewhat  beyond  what  is 
almoft  efte&able  :  my  reafon  is,  becaufe  where  there  is  not  fomething  of  merit  and  un- 
vulgar  floridnefs  appearing  in  men,  thedifappointmentsof  life  will  fo  leflen  and  abate 
them,   that  they  fhall  have  nothing  able  to  cope  with  or  prevail  againft  them,  but  mufl 
take  down  their  top-faylsandftrike  Mall,  leaving  all  that  is  dear  to  them  to  the  mercy  sic  nt„it  mihl 
of  thofe  cruel  viciffitudes,  which  often  fwallow  down  with  more  then  beafhal  ferity  ^mifimtM  Jul 
the  molt  lovely  fruits  of  life,  great  Parts  and  great  Diligence.    That  paffage  o(  Se-  /"«•*<'»  <^ '»•/»- 
neca  is  enough  to  bid  men  beware  dependance  on  mortal  levity  or  popular /aroe,  S»  |I™I^!/L«,0"" 
it  happens  to  me  as  to  many  (faith  he)  who  are  not  by  vice,  but  by  a  fecrtt  providence  i«./»«»rr«.sen. 
brought  to  poverty,   All  pitij,  but  none  relieve:    Lipfius  has  a  note  on  thofe  words,  *';  *,,,„,  3^ 
which  rcferrs  his  grief  to  the  Court  of  Nero,  which  he  having  [pent  much  time  in, bemoans  tmftnm  /»«»»* 
him ft  If  for  the  lofs  of  it,  all  his  attendance  there  neither  bettering  the  mindes  of  thofe  '"^"'cJ'^'J* 
heconverfed  with,  nor  advancing  his  fortunes  as  any  compenfation  to  his  fervice.     A  "r*..  Lip(ms"m 
snifery  that  facetious  and  generous  fpirits  are  fo  often  flattered  into  and  deluded  by,  ?t»t.'*dEf.  1. 
that  they  bemoan  themfelves  too  late  to  be  accounted  either  wife  or  recompenfed.  fcffijjft-,.- XV- 
That  ingenuous  Sir  H'urj  wotton  is  one  of  the  livelyeft  inftanccs  of  this,  for  that  great  5«. 

foul 


52i  A  Commentary  upon  Foetescue. 

foul  of  bis  which  thought  the  Emperour's  jewel  given  him,  but  a  narrow  prefent  for 
theCountefsof  Sabrinah's  fhort  treatment  of  him,  wasfo  eclipfed  by  the  disfavour 
ofgreatnefs,  that  it  was  fore'd  to  publifh  inability  to  defray  the  charge  of  every  day 
t  his  i«t«to  that  came  upon  him  -,  and  to  bemoan  his  former  greatnefs,  the  abridgement  of  which  , 
,he  "cuke  of  caufedhis  face  to  be  wrinkled  with  care,  and  on  another  occafion,  to  complain  that 
vtiQuhtm.  jjftera  iT.yearespubliqueimploymenc,)  heisleftdeftituteofall  pofsibility  to  fub- 
'  **''     ,  fift  at  home,  being  much  like  Thoft  fcale-fijbes,  which  over-fleeping  themfelvts  in  an 

Mini  water  feel  nothing  about  them  but  a  dry  fboare  whin  they  awalej  ,  which  compari- 
son faith  he,  1  am  fain  to  feek.  amongft  thofe  creatures, not  knowing  among  men  that  have  f0 
lews  fervedfo gracious  a  mafter,anj  one  to  whom  Imaj  rtfemble  tr,j  unfortunate  barenefs. 
I  forbaar  the  fad  eclipfe  of  the  moft  ingenious  Chancellour  Bacon.  Thefe  things  I  in. 
ftarce  in  to  fhew  the  instigation  men  have  from  noble  births  to  endeavour  their  confpi- 
cuitics  and  to  bemoan  the  defeats  of  them,  which  the  ftudents  of  noble  families  are  beft 
thought  to  endeavour,who  feck  nothing  more  in  their  profelsion,  then  to  be  able  to 
deferve  many  and  good  Clycnts,and  to  be  great  gainers  by  them,and  fo  becoming  ho- 
njie«anusi»N»-  neft|y  and  fairly  rich,  and  not  (hewing  themfelves  like  the  Caufidici  in  Claudius  his 
d"Um.T^L°"  i\xae,Vtnale  genus  htminumJoM  keeping  dofe  to  the  Law,and  being  faithful  to  their  cly- 
enti  may  be  (aid  Magis  aliis  confimilisfiatus  heminibxs  mbilitatem  curare,  &c. 

In  his  rev era  hofpitiit  majoribus  etiam  &  minor  ibus,  ultra  fiudium  legum ,  eft 
qua  ft  Gjmuafium  omnium  morum. 

This  the  Chancellour  writes  to  fhew  the  generous  accomplishment  of  a  noble  Stu- 
dent   whom ,  though  he  knows  fent  to  the  Inns  of  Court  to  be  a  profeffed  Lawyer ; 
yet  he  prefent's  here  as  apt,  by  the  quaintnefs  of  his  general  breeding  to  comply  with 
all  conditions  of  life,  to  which  God,  his  genious  and  his  opportunities  fhall  moft  in- 
cline him  to.    Now  though  here  I  have  a  fair  occafion  to  humbly  fuggeft  my  appre- 
henfions  of  excellent  perquifites  to  the  ftudy  of  the  Law,  as  to  live  foberly  and  retired, 
to  ftudy  moderately  and  with  method,  to  keep  company  fparingly  and  with  choice, 
rtJAnoidot     to  frequent  exercifes  both  publick  and  private,  to  (*  )  praftice  leafurably  and  not 
Lin  Unc.hu-  too  foon  after  his  call  totheBarr,  to  be  not  greedy  of  fees  till  they  be  deferved,  to 
jm .  none  to     counfej  ia  Caufcs  ju&  and  lawful,  and  to  difeburage  profequution  of  the  contrary,  to 
n°deViohvcat,  keep  his  Chamber,  Study,  and  Courts  conftantly,  to  treat  his  Clyents  affably,  and  to 
flmding.  lib.  «,  hear  them  calroely  ,  toftickto  their  interefl  if  juft,  refolutely,  and  to  fettle  himfelf 
Temp  t.  6.  f.    ^  ^  confiftence  inthefe  by  a  fit  and  convenient  marriage.     Though  I  fay  I  might 

enlarge  on  all  thefe,  which  doe  account  highly  to  the  fiudium  Le- 
vi* lib.  10.  c.  29. 4.  an(j  are  in  cffcc^  but  thofe  three  precepts  of  the  Law  that 

turn  pttctpiufnnttTi*,  htneflt  vivirt ,       *         »  ,/-t-  ■  j        i-        r     /■      t 

titmmnmudm.  &,  fiatm unxmpttn.     .grafts*  mentions-,  yet  I  pals  them  over  to  avoid  tedioufnefs,  de- 
Wf.  iraftonw.  i.e.  4.  firing  the  Student  to  remember  that  all  thefe  without  Gods  bles- 

ffingon  his  diligence  cannot  fecundate  it:  For  he  that  endeavours 
A'S^^SOrSt  anything  without  God,  does  but  reti  ventos  venari.  That  then 
■uitiii  rtfifi*»t.  iuu  uminfiu:  nibu  *»-  which  I  pafs  to,  is  that  which  befides  the  fludy  of  the  Law  is  learned 
«*  (""  ****":  :Z.Tl'rlU«7  »n  the  Inns  of  Court,  to  wit,  Exercifes  of  manhood,  of  ornament , 
cum*  tnimum  uim,m.\  senec.  ub.  and  delicacy,  of  Learning  and  activity.  Ot  the  firft  fort  are 
DtTrtntmLUfinm.  finging  and  playing  on  inftruments  very  great  additions  to  a  Gen» 

tleman  ■,  for  though  Mufique  feem  to  be  but  of  an  aiery  and  volatile 

nature,  yet  in  the  confequence  of  it  it  proves  to  be  a  very  notable  furtherer  of  the 

minds  delight,  order,  and  compofure,  which  is  the  reafon  that  the  ancients  prefcri- 

bed  Mufique  not  onely  in  Civil,  but  facred  rites .«  and  that  not  to  make  thofe  myfle- 

ries  light  |nd  jovial,  but  to  draw  np  the  heart  and  foul  by  every  occifion  of  joy ,  and 

expreffive  agility  , to  attuate  it  felf  upon   that  divine    Opificer, 

camus  tji midnUii„jt»  fi»xn>  & irtnf.    whence  thefe  powers  and  art  to  improve  them  come,  and  by  whom 

to**,  <H««m.  &vic -jr-    they  are ingenerated  in  us.   This  Mufique  the  Text  refpefts  both 

*nimiutni»m,i,urt>+.  *n  *h»m  #ff»     as  it  is  vocal  and  initrumental ,    Cant  are  tpfi  aaatjeunt  J    lattn 

,xfnnun<Um-ilciUmm<,vt.iKm.  Meri'eni-     the  Text.     7V</W  Cantare,  is  net  bare  modulation,  or  tranfttion  of 

us  Harmonicorum  hb.i  p.  115.  In  Tnbm.  ..  •  1 /■  1      1  i     •       ■         1 

fr,e,)ii.  the  voice  from  grave  to  acute  notes,  and  Jo  backward,  jojnmg  thereto 

GO  ctnotgrtniu  tUte.  jncuni*  ini-     4ft  intervals  and  cadencies ;  Nor  is  it  onely  as  (  a  )  Quintilian  fayes, 

tZ^r0aM"r'   Q&Vl  *  ''     *  "cting  of  great  things  loftily,  fleafant  things  fwettly,  and  moderate 

things 


A  Commentary  upon  Fortescue,  535 

things  foftlj,  but  it  is  a  ringing  of  celebration,  and  a  mirth  of  grandeur  and  compo- 
fednefs  j  Cantare,  auafi  incantare  &  fafcinare,  to  doe  that  by  the  voice  which  Orators 
doe  by  words,  furprife  and  captivate  hearers,  yea  work  conquefts  over  their 
own  mindes  and  paflionss.  This  dulcimer  of  the  voice,  whether  it  be  facred  or  civil, 
is  very  effectual  to  excite  the  minde  to  all  facetious  pleafure,  and  to  recruiteit  of 
thofe  fpirits  which  are  exhauft  by  intentnefs  and  labour^  therefore  the  Holy  Ghoft  by 
Mojes  excites  the  people  to  praife  God  by  finging  Exod.  15.21.  And  in  all  the  book 
of  God,  nothing  is  fet  forth  as  a  devouter  part  of  worftiip  then  vocal  Mufique,  Sing 
unto  the  Lord  is  the  exhortation  of  every  if  aim  -f  yea  in  the  primitive  times  finging  of 
Holy  Anthems  and  pfalmes,was  the  peculiar  character  of  Chriftians,  the  Heathens 
from  this  practice  of  the  f  types  uttered  moft  of  the  praifes  of  their  Gods  and  their  He- 
l"e't  by  finging,  which  isfo  harmelefs  and  tunable  a  token  of  foulary  joy,  that  no- 
thing can  better  teftifie  internal  contentation  and  rapture  then  finging. 

Whereas  then 'tis  faid,  Cantare  ipfi  addifcunt~]  it  means  not  rude  and  artlefs  fing- 
ing, for  that  is  natural,  ( being  the  exprefsion  of  the  air  of  breath  from  the  lung,which 
invigorates  and  fonifies  it )  but  that  which  they  learn  is  artly,  finging  by  book  and 
rule  according  to  the  Gammuth,and  the  true  pohtion  and  order  of 

founds,  to  give  every  note  its  heigth  and  depth,  and  time  its  length       0nms  Cmttll  ctnU  [tht^, ,  inttnial. 
andbreadih:  thus  to  fing,  is  to  divide  time  into  proper  portions,     /« esr  »«»/>»nt<iJ  "»/?•»'.  Mcrfenms  in. 9. 
and  to  obferve  order  in  the  tranfports  of  our  joyes,  and  this  Ma-     Hatmonico.um  /.  ««u 
f  hists  Vegius  thinks  fo  necelTary  to  good  inftitution,  that  nothing 
can  be  more  graceful,  nothing  more  worthy  a  free- man.     For  that       •M'fi"  "d  <*>£"*•»>  r,5t •'"  '"''  f" 

,%WT  1  ,?,       ,  .      .       .  i    ■       •    »       .  |.  1/         •         tarn,  modcr*ndoiqut  tnontrunt  mnns.lt- 

(a)  Nero  deltghttd  in  finging  And  jovtaltj  Voas  net  his  reproach,  but  in  m>B<j4J,Bf  p„,„rtMU„„  ^jatur,  q*»iit 

thAt  he  exprejftd  it  bj  Juch  lend  and  vain  fingings,as  favoured  of  obfee-  *ft  ■*•«*»«  <,*<sfQJti*m  vinrum  gala,  a- 

nitj  immoral  lubncitj,  that  wa,  his  abufe  of  finging.  And  there-  ;ffi^£-5E-2£"* 

fore  artly  finging.as  it  is  a  very  wholefome  thing  to  keep  the  breath  vtmarim.  ut.  5.  di  EdHt*ti»nt  i&m- 

fweet,  and  has  a  taking   acceptation  with  the  ear  and  heart  of  all  w»V.^J*«.«j  MMtoth.  nugnt  r*- 

auditours  -t  Co  has  it  a  very  ufeful  influence  on  the  content  of  all  "*"''  f'    3" 

actions.    For  as  we  are.ro  eat,  flecp,  recreate,  ftudy  in  proporti-  W  Su«onius  *  Netone  '•  *•*  *  "• 

on  ;  fo  we  are  to  be  merry  in  due  and  convenient  manner.  Nothing 

more  rocks  afleep  andrepofes,  nothing  more  renders  entertain-  VttuixtirifuUi  Auliei»  (»/»  "»"'# 

ments  acceptable  then  finging,  which  istherenfon  that  all  treat-  uSTt'^         *"  * 

ments  at  meales,  all  feftivalsot  joy  are  aflbciated  with  finging,  the 

pleafure  of  which  does  not  onely  in  a  fort  difgeft  the  meat,  but  affa- 

blize  the  nature  of  the  communicants  each  to  other,  efpecially  when  hereto  infirumen- 

tal  Mnftauc  is  added,  which  the  Text  calls  genus  harmonia. 

In  omni gtnert  harmonia']  This  is  not  fo  much  winde  and  pipe,  a*  touch  and  ftring- 
mufiquej  not  the  Mufique  that  is  loud,Stentorian,and  clamarous,as  that  which  is  fwect, 
filent  and  undifturbing:    Mufique  which  goes  fofoft  that  it  may  fweetly  note  it  in  a 
Ladies  c£<w£fr,as  the  P.ovetbis.  "Thismufque  of  the  Lute- Viol,  and. the  like,  is 
that  which  becomes  an  Inns  of  Court,  and  an  Inns  of  Court-man-,  nor  is  there  any 
thing  in  the  World  more  difpofes men  to  fweet  and  fecial  temper,  then  Mufique  and  None  hatt 
Voices,  thefe  by  a  pleating  and  harmonious  witchery,  harmelefiy  fedate  and  furprife  Mufique, 
mindes  to  a  delightful  comportment  with  allhumours,accidents,companies.Norareany  but   rudt 
men  more  acceptable  companions  then  men  of  vlufical  addiction  ■,  For  if  Orpheus  as  the   mindes. 
Poets  fein,  furprifed  trees,  &  Arionfi(ht<.  by  their  Harpesjf  inftruments well  tuncd,lay 
evil  fpirits  in  Sauls ;  and  pacific  the  diftempers  of  brainlefi  furies-,  if  this  be  the  effect 
of  Harmony,  to  incline  the  eye  to  kindnefs,  the  hand  and  foot  to  agility,  the  ear  to 
attention,   the  whole  man  to  grace  of  behaviour,  Our  Inns  of  Court-  man  is  to  be  ac- 
complifhed  therewith,  and  not  to  flay  there  ,  or  come  away  thence  without  it. 

jbi  etiam  tripudiare  ac  jocos  ftngnlos  ncbilibus  ct'nvenientes  tsnaliter  in  domo  Regia  ex- 
ercerifolent,  enutriti. 

As  ferious  things  become  the  manhood  of  Nobles,  fo  lighter  and  more  active,  their 
youth-,  for  as  the  year  has  her  feafon  of  fruits  and  weathers,  and  the  feaef  ebbs  and 

K  k  k  k  flowes  t 


534.  A  Commentary  upon  Fortescue. 

flowes,  and  the  Air  of  windes  and  rainj :    fo  the  Ages  of  men  have  their  peculiar  vir- 
tues and  vices,  and  accordingly  evidence  the  fruits  of  them.    Therefore  asfedere,  pUre 
fiadere,  are  the  companions  of  age-,  fo  are  active  recreations  the 
cic«oji«,Div»'»*r.iio.  treatments  of  youth.     This  the  Text  alludes  to  in  the  word  Tri. 

^Xm'dU  V . .  c  «.  .4.  fHdUre  J  that "'  daHcin8  0r  vaulting.     Tripudium,  of  old  Terri- 

$»,*  cum  (tfiuniur,  mtetpe/i  »iiqmi  p  avium ,  after,  Ttrripudium,    then  Tripudium  derived  from  Pa- 

,x  cnttdcrt  <tr  urrtm  (*vtri.  Bccmia  v#-^  wnjch  is  applyed  to  birds  who  are  light  creatures,  and  who  hop 

mvn!"-  up  and  down  when  they  are  lighted  the  wing,  to  pick  u  p  viands.- 

(i)  ^itftr  urhtm  in  c»mmt>  ttrmi-t  hence  dancing,  which  is  a  quick  motion  of  the  body  here  and  there  is 

SKsT"*"  M"">  HS"'        '"     callcd  r">*"**J  fo^a)  UvJ  an^Cb)r«tf;  both  render  it  by  fait  art. 
(b)  Sed  mm  ut  j*m m funnibiu  •*«•     Which  dancing  perhaps  was  not  as  with  us,  by  congees,  paces  cba* 
^SrCr:!?^'/"  tZ    f«»  ***#*&>  vaultings  turnings,  and  other  fuch  gracefull  demear-  I 
77.  ours  as  oblequioas  to  the  Mufique  make  the  merry raent  orderly  • 

(e)  lh>.  25.  «.  19.  but  fuch  a  dancing  as  does  ter  tide  in  faltando  terram  ferire,  as  (rt 

»7?£?'        ''     M'  C"  Turnebus  well  obfervej .  Of  thefe  Tripudia  there  were  fundrV  *"<«», 

Tripudia  folefiina  and  Tripudia  femvia.  With  us  we  have  onely 
French  dancing  and  Country  dancing  ufed  by  the  bell  rank  of  people.  Morris- dancing 
is  an  exercife  that  the  loofe  and  vile  fort  onely  ufc,  and  that  onely  infaires  and  meet- 
ings of  lewdnefs  r  bat  the  tripuddrc  in  our  Text  is  that  decent,  harmlefs,  and  graceful 
carriage  of  the  body  in  all  the  motions  of  it,  which  anfwers  the  exadtoefsof  perfect 
Majeftyof  gate  and  grace  of  comportment,  for  which  menarefaid  to  be  well-bred 
and  well-fa&ioned,  or  of  good  behaviour,  dc  bonne  meant.  This  in  thefe  places  it 
expreffed  in  part  by  Revellings. 

At  foeos  (vngulos  Nobilibut  convemcntes~\  foots  is  properly  verbal  mirth,  telling  of 
Romantique  Stories,  and  propofing  Riddles,  exercifing  Queftions  and  Commands 
adingpaffionsoflove,  which  therefore  is  callcd  Courtfliip.     Thefe  are  7««astothe 
notation  of  the  word,  though  when  the  later  claufe  is  made  to  expound  it  fuch  as  doth 
Nebilibus  t-nvenire,  ?r&  as  in  dome  Rrgia  exerceri  folent,~\  then  it  ftiould  befome- 
thing  more  manly  and  difpofiti  veto  Arms  and  A&ivkies,  as  fencing,  leaping,  vault- 
ing, riding  the  great  horfe,  running,  thefe  feem  to  me  together  with  cards,  bowls, 
tennis,  and  the  like,  which  are  excrcicial  of  the  minde  and  body,  to  be  foti  within  the 
Text ;   for  thefe  are  much  the  repafts  of  Nobles,  and  men  that  but  for  them  know  not 
how  to  fpend  their  time,  and  that  not  unbefeemingly.    For  as  Solomon  allows  a  time 
for  all  things,  fo  have  wifemen  in  all  Ages  mixed  with  ferious,  jocofe  things,    as 
conceivinganamability  in  the  moderate  medley  of  them.     Socra- 
socrtates  am  futtit luderi nn  mtiif-    tes  the  graveft  of  Mortals,  thus  condefcended  to  humour  youth 
*<-(!)'""*. t  r?**  Not  bl»P>inl  to  bear  hit  fart  Kith  bojes  in  their  bojes  play,   which  was 

*Ad  immcnt  Satjri  mtvne  :B*tl>yUi,  fuch  as  was  that  fport,  in  ar  undine  equitando,  (d)  Valerius  Maxim  tu 
Per„Cus;  ■  •  1,  ;,Aj—iK,„.  writes  of-,  And  Scipio  is  reported  to  pleafe  himfelf  in  afling  his 
ccrfns  mntt  *d  num.n,,  m*  miUuj  ft  military  and  manly  body  according  to  the  direction  of  the  then 
nfrinim  m  rmm  m«  ef  ctUm  inufm    Mufique,  keeping  time  in  his  motions,  Not  at  effeminate  tcrfant 

iffi  ultra   muliirum   mtUtlitm  (tucntiluf.  ,       i  .   J      p  °  J  /     .  Clia.lt-  J    n       -» 

fid  ut  Mi  ,*,,„,  vnifiUU*.   -mtriu.     *>ftt  laKn  ^(«m,  to  doe,  but  at  of  old  Athlettaue  and  Pugtllarj 
fum  &  ftfl*  tempm  virittm  in  mtdurn     m(n  did,  that  is,  on  Feftivdls  and  great  appointments  of  Recreation 
^S^TTnefS     *;/•  •**  «fW  leaped   jumped  anddanced,  that  thej  wottld 
d<  Trunij.  have  been  magnified  therefore,  had  their  Enemies  been  Speitatonrs  and 

fudges. 

Jnferialibtu  diebns  eorum  pdrs  major  legalit  difeiplina  fiudio,  ($•  in  fefiivatibus facra 
Scriptstra,  &  Cronicorum  leBioni,  pofi  divina  obfequiaft  confert. 

This  claufe  remembers  the  virtuous  and  thrifty  divifion  of  time,  which  the  Law  of 
the  Inns  if  Court  in  our  Chancellour's  time  dire&ed,  to  wit,  that  the  ftudy  of  the 
Law  fhould  not  eat  out  God's  portion  of  time,  nor  the  reading  and  meditation  of  Scri- 
pture, or  converfe  with  Hiftory  $  but  that  though  the  moft  time  were  allowed  the 
Law,  yet  thofe  other  neceflary  accomplifhments  were  to  be  duely  and  in  their  proper 
time  alfo  intended. 

In 


A  Commentary  upon  Fortescue. 


53* 


In  ftrialibus  dicbus~\  That  is,  on  common  dayes,  the  fix  dayes  of 
tlie  week,  none  of  them  being  Holy  dayes,  which  if  they  were,  fo 
many  onely  as  were  not,  ought  to  be  employed  in  the  ftudy  of  the 
Law.  To  write  of  thefe  Ferit,  at  large  were  to  perplex  this  Com- 
mentary,  and  to  little  profit  the  Reader.  That  oncly  that  is  necefla- 
ry  to  infert,  is,  That  in  Antiquity  Ferix  were  fuch  dayes  as  Voerc 
vacations  from  all  or  dinar  J  labour,  and  had  extraordinary  indulgence 


Lil.  Gyrald.  lib.  Dt  >A>m.  &  Mtnfibus, 
P-  5»3- 

*Afni  Stobzum  Sermtnt  dt  ^tvari- 
u: 

LA.  2.  Syntagm.  Juris,  c.  15.  lib.d.B. 
c.  8.  (T.  11.  lib.  49.  c  1.  ff.  10. 

(i)  LA.  1.  la.  12.  Deferiit  &  AiUtimu 
bus  &  diverjis  texnptribus. 

fb)  In  ttndtS.  prior,  p.  4J. 

(c)  Sijonius  in  F*f.  £r  triumph.  T^j- 
mustr.  p,  61. 114. 

Id)  Suetonius  in  Claudio.  c.  22. 

Hurarchusi»  Mir*lib.  per  tommopus. 


Peri*  dicunlur  diti  iiuibus  ceffmur  *b 
tpere  mIhjho.  fed  per  extenfionem  dltun* 
tur  feri*  ftx  diet  pojt  Domintcum,  qnos 
nomine  PUnetstrum  ir  ldolerum  dicebetnt 
Ethmei,  Lunx,  Mart  is.  &e.  Tholofl.  lib. 
2.  c   15.  Jit  Perils  FtfUique, 

Peri*  diSt  pint  dm  »>  ijhAhi  »b  *li- 
11m  open  win,  dabssnt  hormnts,  vtldart 
ptltrunt  eperam  aliis  nerotits    qua'.es  Junt 

allowed  them,  tt  bctngacheif  rrcrogattve  of  t bent  to  tie  free  and  brist^    /»  nmdmtmn,  &c  Bruno  lit.  *.  de 
in  aU.  difports  and  recreations  that  are  not  abfolutelj  flagitious,    the     Cmmm.c.*. 
wifdom  of  Legiflators  appointing  them  to  be  the  releafes  of  fervants 
and  men  of  toyl  from  the  fowerer  practices  of  life,  as  the  encourage- 
ment of  them  to  return  to  their  Drudgery   more  contentedly  : 
which  gave  occafion  to  that  faying  of  Demteritus,   Bioc  *moj 7*7©-, 
&c.   A  life  without  Holy  dayes  V?as  a  long  way  without  an  Inn.     Of 
thefe  Terse  there  were  diverfe  forts,  flativa,  imperative,  concep- 
t'eve ,  nundina  $    of  which  Tholejfanus  writes  at  large  :     fo  aJfo  men- 
tion is  made  of  them  in  the  (4)  Digeft,  and  in  (b)  Budaus,  and  (r,  d) 
others.     That  which  the  Text  is  apply  able  to,  it  the  designation  of 
thefe  Feria  to  reading  of  the  Law :    that  is,  as  I  humbly  conceive, 
when  the  Student  has  laid  a  good  foundation  the  firft  three  years,  and  laboured  hard 
at  the  little  Books  together  with  the  Regifter ,  which  I  take  to  be  the  bed  pointer  out 
of  original  Law  es,  Writs  being  the  remedies  of  their  violation,  and  thence  importing 
original  Lawes  violated,     I  fay,  (  with  fubroiifion  ever  to  the  learned)  when  theun-. 
derftanding  is  accuftomed  to  the  Law,  and  there  is  in  the  Student  an  habituation  to  the 
Law,  then  to  repair  on  Court-dayes  to  the  Courts,  and  there  to  take  notes  and  ob- 
ferve  the  arguments  and  carriages  of  perfons  and  caufes  therein,  is  very  advantageous 
to  the  profit  of  the  Student,  who  there  may  learn  much,  and  from  thence  bring  ic 
written  down  to  his  after-improvement.     For  to  onr  Student  thefe 
Feria  are  no  releif  from  ftudy,  as  to  other  men  they  are  from  cor- 
poral labour  :   but  they  are  diverfions  of  the  labour  from  the  Stu- 
dents body  in  repairing  to  the  Courts  and  intending  the  caufes 
pleading  in  them,  to  his  minde  intent  on  his  books  in  his  fludy.  For 
the  Text  fayes  not,  he  fhould  by  jollity  and  good  fellowship  refrefh 
himfelf,  as  Seneca  fayes  Cato  did,  and  therefore  by  Memmius  was 
railed  at  for  intemperance  •  but  the  Text  fayes  that  the  greater  part 
of  the  Students  do  on  Common  and  Court-dayes  devote  themfelves 
to  the  ftudy  of  the  Law,  that  is,  if  they  cannot  hear  Law  at  fVeft- 
tninfttrrHaR,  they  will  read  it  in  their  own  Chambers  •    for  Law 
they  will  have  that  come  and  intend  to  be  Lawyers,  whatever  dili- 
gence they,  exprefs  and  whatever  pleafure  they  deny  :    for  the  very 
dayes  of  other  mens  plcaiurc  is  to  them  a  time  of  great  pains  and  ex- 
preffion  of  diligence. 

Et  in  Feftivalibtu  ~\  Of  thefe  Ihave  written  in  the  Notes  on  the  %  5.  Chapter.  Thefe 
Fefiivals  were  the  facred  Portions  of  time  in  which  The  honour  of  the  (Sods,  as  thrHea- 
thens  phrafe  was,  took  up  all  the  thoughts  and  actions  of  men  s  and 
wherein  they  not  onely  facrificed  in  token  of  Religion,  butalfo 
feafted  and  jollited  in  relation  to  the  Accenting  of  life,  which  thence 
did  receive  much  pleafing  entertainment.     H  ence  every  thing  of  de- 
light and  plenty  they  termed  Ftfiivum  and  Feftivitat ;  fo  TuBy 
calls  a  man  of  a  pleafant  and  gay  genius  and  humour,  Homo  fefrivus, 
and  Terence  fayes  he  has  Fcflivnm  caput  •   and  locifeflivi  and  fejfivi 
ludi  are  frequent  in  flautus  :  when  then  in  the  (c)  Orator  we  read 
of  Feftivitate  igitur  &  facetiis,  FeflivitM,  Splendor,  Conciunitude  in 
Orator  e,  fejiivitate  &  venuflate  ccnjunUa  vis  dicendi,  it  is  to  remem- 
ber us  that  the  joy  of  Feftivals  is  no  new  thing  •,    but  that  which  prudence  in  all  Ages 
has  ordered  to  aflbciate  the  plenty  of  it.    And  therefore  Chrifiianity  has  allayed  the 
mirth  ofexcefs  with  duties  of  Devotion  in  both  parts  of  the  day  at  Prayer-  houn  •  and 

K  k  k  k  2  'the 


Legum  cntUterei  fifti  inftitHtrunt  din 
lit  *d  hiUriiAiem  htminei  publici  etgtrtn- 
tur.  mnquarn  necejfaritwi  labtribtn  rnltr- 
fDutntts  lemperamnmm.  Scnec.  lib.  Dt 
Tranquil,  f.^y. 


Cato  vino  Ux*b*t  *nimum  publicis  m- 
ril  ftttigtwm.     Etitmlttt. 


Lipfiiut    in  Ntrii   *d 
tjuitlit. 


lib.    Dt    Trtn- 


firUmm  fefltrnm<jue  dierum  rttit  m 
Uteris  rujuteterm  \itbtt  luiiim  &■  jurpt- 
rum,  in  ftrvis  tpernrn  &  Ubtrum.  Cic.  21 
Dt  Ltfibm  47; 


Fffli  dies  trim  i'«  tuibtss  vtl  fkcriji- 
cia  Dus  tfferrebantur,  vet  dies  diurnis  e- 
puUlionihis  celebrabanlur.  vel  luds  in  ho- 
mrem  dserum  fitbtnt,  vel  ferid  tlfirvA- 
buittsr.   Noniut  in  vtrbt. 

zDeOniere.    i;j. 

Terence  ^idil.  2,  j,8. 

Tfeud.  22.  7. 

Cifina  17.  2. 

bjc)  Be  CUrii  OrMtr.pl, 

Cic.  1.  Dt  Invent. 

1  "Dt  Ortttr.  iz.  i. 


55 6  A  Commentary  upon  Fortucue. 

the  Student  of  the  Law,  though  he  may  keep  his  Chsmber  p«ft  divina  obfequia  ,  yet 
afterhe  has  been  at  the  pubiique  prayers  (  wherein  his  devotion  dictates  the  moll  hum- 
ble and  un-pharif&ical  pofture  to  him )  yet  even  his  retirement  and  holy-day  recrea- 
tion muft  be  reading  of  Scripture  and  of  Hiftory,  that  thereby  he  may  know  how  as  a 
Chriftian  and  a  good  man.to  demean  himfclf.  For  the  word  of  God  being  notified  to 
man,  as  the  declared  will  of  his  maker,  and  the  Law  of  his  eternal  foul,as  by  reading, 
understanding,  and  pra&ifingofic,  it  is  able  to  make  him  Vtife  unto  Salvation-,  fo  by 
reading  the  Records  ofpaftages,  hefatisfies  himfelfin  the  virtues,  vices,  humours, 
lawes  and  reafons  ot'the  tranfadions  of  them,  and  is  thereby  enabled  todifcourfe  of, 
and  judge  concerning  the  nature  and  impulfes  of  the  fame.    For  as  in  order  to  the 
grace  that  leads  to,  and  the  glory  that  is  in  the  triumphant  world,  the  Sacred  Scriptures 
are  the  fu reft  Oracle,  and  he  that  tr lifts  to  thtmfball  never  be  alhamed  or  deceive*1,  be- 
caufttbe)  are  not  onely  the  poyver  of  God  tofalvation,  but  the  light  that  fhines  in  the  d*t\- 
nefs  oftrrour  and  infidelity;  and  difcovcrs  thtfe  things, that  eye  bath  net  f ecu, nor  ear  heard, 
mr  hath  entred  into  the  heart  of  man  to  conceive  or  thinl^of,  which  is  the  reafon  Our  Lord 
charges  his  Difciples  tofearch  the  Scripture ,  ajfuring  them  that  therein  they  have  eternal 
life,  and  they  are  they  that  tefttfit  efhini;  So  in  relation  to  this  world  fo  full  of  fin 
««/<'«,£/«•    forrow  and  diffatisfaftiorr,  theftudy  of  Chronicles,  in  which  ages  long  fincepaft ,  are 
(^**» /.«/«»>      prefented  men  as  in  then  being,  is  the  fecond  beft  cxpence  of  time  wifdom  can  poffibly 
rtf  */*/r«h£r/'  prefer ibe,  fince  converfttion  with  wife  mens  books  and  aftions  are  no  lefs  inftrudtive  in 
,v*fim£Tra   wifdome  then  perfonal  converfe  with  them  :  which  becaufe  men  who  are  not  contem- 
ftfai  tmiqmia'i.  p^^y  ^jtb,  or  near  livers  to  ,or  timelily  acquainted  with  them,  cannot  have,  Hiftory 
«,£Z"ti    and  Record  of  them  is  onely  able  to  become  fupplement  to  thofe  great  defeats,  which 
twHMwiHi-  fin  on  mans,  and  judgement  on  Gods  part,  has  incommodated  mortality  with,  and  a- 
V'Z'Z'p"//'  gainft  which  there  is  no  compenfuion  but  that  of  continuation,by  which  the  excellent 
i>vi**m  in.  cic.  and  immortal  pennsof  beroique  men,  doc  by  Hiftories  in  a  fort  eternize  men  and  a- 
ges.  Which  is  the  reafon  our  Text  makes  holy  dayes  fpent  in  reading  Scripture  before 
prayers  in  the  morning,  and  Hiftory  after  prayers  in  the  after-noon  (  for  fo  I  under- 
ftand  divina  obfeauia  as  referring  to  the  Inns  of  Court  devotion-orders  )  tobeamoft 
notable  account  of  time,  and  the  probableft  engine  to  adorn  a  Students  life  with 
piety  and  knowledge. 

]bi  ejttippe  difci?iiuAvirtnt*rifft,  &  vit  tor urn  omnium  exilium']  This  is  a  notable 
Character  of  them,  that  the  Inns  of  Courts  are  what  luxurious  Athens  was  not,  Me- 
tres virtntum,  noverca  vititrum-,  for  none  coming  thicher  but  with  a  refolution  to 
jGibmic  to  the  government  of  them,  the  government  actuated  by  learned  and  prudent 
Gravities,  termed  Matters  of  the  Bench,  is  fuch  as  is  modelled  and  conforme  to  virtue, 
and  diametrally  oppofite  to  vice :  hence  is  it  thit  as  the  ftudents  were  kept  clofe 
to  Cbappel .Commons ,  Excrcifes ,  ftudies^  fo  did  they  at  their  leifure,  and  at  their 
recreation  acquire  fuch  Genteel  qualities,  as  made  their  nature  manly,  sheir  beha- 
viour graceful,  their  language  and  writing  courtly,  and  their  converfation  praife- 
worthy.  To  further  them  in  which,  by  amotion  of  whatever  might  add  fuel  to  the  fire 
«;!i5/M°k  Li"  °f  vanily  i"  youtk,  Orders  have  from  time  to  time  been  againft  long  hair,  hats.great- 
''4'5'  juffs  and  exceffes  of  apparel,  againft  riot  in  meat  or  drink,  quarelling  or  fighting  in 
the  focieties,  and  againft  all  intemperance,  by  reafon  of  which  thefe  ftudies  of  the  Law 
may  well  be  written  of,  as  here  they  are,  lbi  difciplinavirtutum  &  vitiorum  omnium 
txilium. 

It  ant  propter  virtutis  acquifitienem,vitii  etiamfugam,  Milites^  Bartnes,   alii  quo- 
que  magnates  &  Mobiles  regni,  in  hofpitiis  illis  ponnnt  filtosfuos. 

It  (heuld  feem  by  this ,  that  the  Inns  of  Court  were  in  high  efteem  in  H.  the  6.  time-, 
for  they  were  then  the  trains  of  the  flower  of  our  youth,  who  are  termed  nobi'ium  fi- 
/i»,hence  the  Statute  that  mentions,  Prelates, D»ke*,Earles,  Barons,  faies  a\(o,andothe r 
Nobles  and  great  men  of  the  Realm,  a.  R.  2.c.  J.  which  Nobles  by  2  2.  E.  4.  *i  6.  are 
named  Lords,  Knights,  Efquires,  and  other  noblemen  of  this  noble  Realm  of  En- 
gland, honourable  and  noble  per  font ,  fo  1.  Mar.  e.  I.  For  when  travell  was  not  (0 
frequent  as  now  it  is,  our  gentry  and  nobility  that  then  weje  bred  at  home  in  thefe 

Inns 


A  Commentary  upon  Fortucue.  537 

Inns    were  as  cowardly  to  all  purpofes  of  war r  and  peace,  counfel  and  conduct,  as 
row  travel  mak:s  them j  nay  undoubtedly  though  fome  are  much  accomplished  by  it, 
yet  many  more  are  fo  tainted,  by  the  liberty  they  have  in  ic  taken,  that  they  never  re- 
turn to  a  fobriety  of  principle  and  practice,  but  are  confirmed  in  a  lawlefs  latitude  of 
doing  and  fpeakmg  their  pleafurcs ,  to  the  Confront  of  all  moral  and  religious  restri- 
ctions :  hence  come  the  frequent  debaucheries  and  incontinencies  of  life,  the  vain  dif- 
guifesani  tranfports  of  fafhion,  the  prodigil  expences  and  haugbtinefs  of  living,  the 
ruining  loofcncfs  of  recreations  and  gaming,  then\anlefs  difufe  of  activities  and  Til- 
ting, the  great  decayes  of  Hofpitality  and  houfe-keepings,  thefe  and  other  fuch  like 
mi  (chiefs  enfue  upon  the  frequent  travels  of  our  great  men,  who  learn  that  liberty 
abroad  that  they  never  after  refrain  at  home.  Indeed  travel  when  men  are  of  yeares, 
have  condu<ft,and  defign  it  an  accomplifhment  to  their  understanding,  and  accordingly 
employ  it,is  very  foveraign  to  excellent  ends;  but  as  it  is  afforded  youth,and  they  by 
it  are  feduced  from  that  gravity  and  fobriety,  that  more  rcftrained  breeding  would  ac- 
quaint them  with  ,  fo  'cis  dangcroufly  enervative  of  all  future  ftayednefs,  which  our 
Anceitors  well  understanding,  chofe  rather  to  put  their  Sons,how  well  born.honoured 
and  fortun'd  Soever,  to  thefe  Inns  of  Court  there  to  learn  the  mode  of  living,  futably 
to  their  quality,  rather  then  to  fend  them  abroad,  fearing  nothing  more,  then  the 
infe&ion  of  forcin  toies  and  the  tinftures  of  forein  vices.But  now  the  times  are fach,that  ™i"'™?£'t 
the  Inns  cf  Courts  are  thought  mean  lodges  for  Nobility  and  the  eldeft  Sons  of  Gentry,  f*uiatm.  ?r*ur 
who  all  goe  abroadco  travel,leaving  the  younger  brothers  or  Gentlemens  ions  of  fmaJ-  ""^^^7% 
ler  fortune  to  inhabite  them  :  fo  that  the  young  inns  of  Court-mtn  of  our  age,  are  fuch  w.+.  i>«  ^$,. 
as  moStly  Study  to  profefs  the  Law  ,  and  by  it  become  great  and  rich,  which  they  well  t-  \7l-  ■**■  v*f" 
deferve  to  be  who  preferr  a  learned  diligence  and  indultry  in  aprofefsion,   before  a  c°' 
vain  (infill  and  needy  idlenefs  and  latitude  of  life,  which  is  fo  great  a  burthen  to  a  noble 
and  actively  virtuous  humour.as  nothing  can  be  more,(ince  that  onely  anfwers  the  end 
of  Gods  mercy  to  our  beings ,  births,  and  lives,  which  enables  us  to  glonfie  him$ 
benefit  men,  and  ferveour  own  fames,  in  the  opinion  of  tkofethat  either  knew  us 
alive,  or  read  us  dead,  which  they  will  hardly)  with  pleafure  delight  to  do  thofewho 
Studied  themfelves  onely  as  all  perfons  of  vice  and  vanity  doe. 

iii  vix  mmuaw  ftditio  ,  jurgium  ,  tut  murmur  rtfonnt.  ]]  ;  Thefe  Inns  of  Court 
confiding  of  fo  many  Gentlemen  of  different  tempers,  may  reafonably  be  expected  to 
be  vanoufly  acted,  as  the  feveralties  of  them  in  their  predominancy,  doe  incline,  but 
that  tfye  ingenuity  and  gentle  fubraifsion  of  them  to  the  government  of  their  fociety  , 
fleers  them  to  a  more  comely  Submission  and  conformity,  vix  unauAm}  fayes  our  Text, 
not  nun(\H*m  ;  for  that  has  many  times  been.  The  youth  have  been  (as  we  may  fay)  in 
rebellion  againft  the  ancients,and  the  bar  againft  the  bench,buc  this  isbut  feldome  ,  and 
not  durable, 'tis  nuhtcuU  citotrAn/SturA,  foon  up  foon  down,  though  it  be  *yW*  itio,  a 
fhew  of  fedicion,and  (eemingly  a  deparcure  from  the  rule  of  Subjection, yet  when  ever  ic 
happens  'tis  ftditio  ItvitAtis   non  prAvitAtis,  Adolefcemit  non  maiitu  'tis  not  ftditio  Tacit.  M.io. 
mAltvoltntUftd  inctgitAntU,  not  fuch  an  one,  as  being  complicated  with  Tac'hus  his  5 /""     m' 
acriA  jurg'tA,  and  Smica's  rAh'tof*  jurgiA,  wich  aIia  and  ftrA  murmur  a  in  Proptrtius,  fropertius  lit.  4. 
minitAntiA  murmur  a  in  Lxcrttius ,  thefe  formidable  difobediences  tending  to  violence  £''««.' /i*.i.n+ 
and  diffociation,  are  not  the  unhappinefTcs  of  the  Inns  of  Court ;  for  our  Chancellours  enmim  *m> 
words  are,  vix  ftditio,  jurgium  Aut  murmur  rtfonAt~]  that  is,  there  is  hardly  any  whi-  ««?*"?«»  <**»*» 
fperingor  ecchoofdifcontent,  not  fo  much  as  that  noifc  of  it.that  the  mufical  waters  mm/v  ««««*■.  j 
have  in  their  gliding,™'*  rtfonAt  2  that  is,  contrA  fonanttm  imperinm  vix  f on  At  ftditio  &C  r<^>  i»<v*^»*- 
As  much   as  if  the  Text  had  faid,  there  is  not  fo  much  hiddtn  difpltAfurt ,  as  a-  !m^ot"'»T' 
mounts  to  a  mouth  open  againft  the  orders  of  the  Parliaments  &  Benchers  of  thehoufes,  cic  Dt^mia- 
but  all  obedience  is  given  them  ;  for  that  the  Governours  are  thought  to  be  wife,  and  "jj£b  e  8 
worthy,  and  to  doe  nothing  but  pro  bono  focittAtis,  and  the  governed  are  order- 
ly and  fubmifsive  in  demonstration  of  good  txAmples,  and  civil  breeding,  which  directs 
them  to  obfervc  their  temporary  Governours  while  they  are  under  Government,  as 
they  themfelves  when  Governours  would  be  obferved  by  puifnes,  under  govern- 
ment. 


Ddinqutntts 


5$8  A  Commentary  upon  Fortbscue. 

Tielinauenttsnon  alia  poena, <\namfolum  a  lommnnme  [ocietatis  fnaamoticne 
flelfnntur. 

This  is  introduced  to  flicw  that  thefe  focieties  are  no  Corporations, or  have  any  Judi- 
cial power  over  their  Mcmbers,but  onely  adminifter  prudential  cures  to  emergent  grie- 
vances,  which  being  fubroitted  to  by  the  fociety,  have  (by  confent)  the  honour  and 
effeft  of  Lawes,  and  work  onely  upon  the  contumacious,  by  way  of  either  difcora- 
moning   them  for  light  offences ,  or  expelling  them  for   greater ,  which  way  of 
reproaching  ar.ddifcountenancing  irregularity  was  very  primitive  in  the  cohabitations 
SeW  a  z>,s    '  °*"  Chriftians,  in  relation  to  religious  and  civil  life  j  for  as  they  under  perfequution 
Jidmi '  judao'    were  inclined  by  grace  to  be  of  one  heart  and  minde, the  better  to  propagate  their  profefii- 
rum.  on,  and  to  adorn  it  with  a  futable  and  peaceful  converfation  :  iodid  they  in  prudence 

nfFunZuZ  wholly  agree  the  punifhment  of  enormity  within  thcmfelves,  the  Civil  Magiftrate  nei. 
inn.V.  148.       ther  protecting  nor  affefting  them.From  this  dreadful  punifhment  of  excommunication 
"«>«?* '"'    Prac^fcd  amongft  the  Jews.and  from  them  in  ufe  araongft  Chriftians,  have  t  he  focieties 
fjui"'"'f.  JO».    of  the  Law  andColledges  in  Univerfities,  the  courfe  to  put  out  of  Commons,  which  the 
1  cw.  5.  v.  1 1.    Apoftle  remembers  in  thofe  words,  If  any  man  that  is  called  a  brother  be  a  fornicator,  or 
tovetousjsr  an  idolater ,or  a  rajler,or  a  drunker  d,or  an  extortioner  t  with  fuck  a  none  no  not 
to  eate.  And  this  potting  out  of  Commons,  or  removing  from  the  table.in  the  Inns  of  Court 
is  often  the  puniftiment  of  unfeafonablc  playing  at  Cards  and  Dice,  making  diftur- 
bances.difrefpeft  to  the  Seniors^ c.  Expulfion  is  for  greater  offences.fuch  as  are.breach 
ofthe  peace,and  violent  aflault  of  members  of  the  fociety, or  for  refufal  of  conformity  in 
payment  of  Commons, or  obedience  to  orders,This  to  difgraccful  to  a  Gentleroan,to  be 
unworthy  worthy  company,  is  fo  great  an  awe,that  nothing,  (no  not  the  fear  of  death) 
can  be  a  greater  awe  alraoft  to  thofe  generous  fpirits,then  expulfion  is3they  well  remera- 
bring  that  rule  of  honour.    Honor  &  vita  atjue  pajfu  ambularent,  fince  to  be  cut  of 
from  a  fociety  of  men  of  worfhip,  is  to  be  infamous,  and  that  remedilefly;  for  fo  great 
a  harmony  is  there  between  the  focieties  of  Law,  that  a  Member  expelled  anyone  fo- 
ciety can  nave  no  admiffion  in  any  other,  fince  the  aft  of  one  houfe  is  On  thefe  Cafes) 
in  conftruftion  ofthe  reft,  their  own  aft,  as  farr  as  their  cooperation  in  the  allowance 
ofthe  punifhreentj  makes  them  ratificators  of  it;  fo  is  the  Text,  femtlab  una  focietatum 
iSarumexpnlfuf,  uunquam  abalitiua  caterarum  focietatum  illarum  recipitur  infosium. 

Tormam  vert  qua  h^es  iUt  in  his  difcuntur  Hofpitiis,  hie   txfrimert 

non  expedit. 

Concerning  the  forma  juris  &  ftudii,  I  have  wrote  foaiething  iu  the  notes  on 
the  eight  Chapter,  though  as  the  Chancellour  who  knew  undoubtedly  much  of  it,  dif- 
covers  it  but  minutely:  fo  I,  (who  God  knows)  know  very  little  in  comparifon  to 
his  great  proficiency,  dare  onely  offer  at  it,  as  1  hope  I  have  here  done  very  modeftly. 
That  which  in  this  Chapter  I  ihall  add.is  only  to  recolleft  the  Chancellours  fenfc  there- 
in, to  wit,  tbatthewayofftudy  \a  the  Inns  of  Court,  is  very  ingenious,  and  profita- 
ble to  generous  accomplifhmcnt,  and  that  the  Lawes  ftudied  in  the  famous  Univerfi- 
ties of  France  ,  Anjou ,  Cane,  and  others  (  Paris  pnely  excepted  )  are  not  entred 
into ,  and  carried  on  by  fuch  well  grown  and  manly  Gentlemen,  as  the  Lawes  in 
the  Academies  ofthe  Inns  oj  Court  are,  which  that  they  may  further  appear  to  be  the 
noble  Nurferies  of  Probity,  Strenuity,  Honefty  of  manners,  and  Law-learning, this 
following  difcourfe,  which  I  before  thankfully  owned  to  the  kindnefs  of  Sir  Thomas 
fVitherington'i  impartraent  to  me,  will  more  evince,  which  t/^r^4/iwfollowcch. 


To 


A  Commentary  upon  Fortescue.    c         539 


To  the  raoft  High  and  PuiflTant  Prince  and  our  moft  dread 
Sovereign  Lord  and  King  Henry  the  Eight  by  the  grace  of 
God,Kingof£wg/Wand  of  France,  Defender  of  the  faith, 
Lord  of  Ireland ,  and  on  Earth  the  fupreme  Head  under 
God  of  the  Church  of  England,  Tbo.  Venton,  Nic.  'Bacon, 
and  Robert  Qary,  His  Highnefs  moft  humble  and  faithful 
Servants,  wifh  continuance  of  health,  encreaie  of  his  moft 
profperous  felicity,  and  right  fortunate  fuccefs  of  his 
Graces  moft  godly  nnterpriies  and  Purpofcs. 

WHEREAS,  Moft  dread  Sovereign  Lord,  after  that  fee  had,  according  to 
Tour  Graces  Commandment,  delivered  unto  jour  Highnefs  a  btokjof  Articles} 
containing  the  cheijeft  exercifes  of  Learning,and  Orders  now  ufed  in  the  Houfes 
of  Court  amengft  the  Students  of  jour  Graces  LaVres,Tour  Rojal  Majefty  of  a  moft  Prince- 
ly purpofe  and  Godlj  zjzal  minding  to  ere  ft  an  Houfe  of  Students,  wheretnthe  knowledge  at 
well  of  the  pure  French  and  Latine  tongues,  as  of  four  Graces  Lawes  of  this  Tour  Realm 
Jhould  be  attained,  wheretj  Tour  Grace  hereafter  might  lee  the  better  ferved  of  Tour 
Graces  own  Students  of  the  Law  at  well  in  forein  Countries  at  within  this  Tour  Graces 
Realm  :  Tour  Highnefs  therefore  gave  us  further  in  Commandment, that  we  With  our  moft 
diligent  endeavours  Jhould  fet  f orth, ant  def tribe  unto  Tour  Highnefs  in  writing  certain  other 
Rules  and  Exercifes  whereby  Tour  [aid  Students  might,  be  fides  the  knowledge  of  the 
Lawes,  be  alfo  expert  and  learned  in  the  knowledge  of  the  faid  Tongues.  fVe  therefore, 
according  to  our  moft  bonnden  duties,  for  the  fatisfjingof  your  Graces  expectation  in  this 
behalf,  have  in  Articles  fet  forth  herein  fuch  Orders  and  Rules  both  concerning  the  Cor* 
f  oration  of  the  fame  Houfes,  and  alfo  the  Exercifes  at  we  think,  convenient  to  be  put  in 
ure  and  practice  by  Tour  Graces  Students.  And  this  our  rude  and  fimple  Device  we  here 
Voith  offer  unto  Tour  Graces  hands,  moft  humblj  bejteehing  Tour  Highnefs  to  accept  the 
fame  in  good  part.  AndVoe  further  again  moft  humblj  befeech  Tour  Majefty  not  to  take 
it  any  Wife  at  the  doings  of  them  that  will  prefume  or  attempt  to  prefcribe  or  appoint  unto 
Tour  Graces  incomparable  wifdom  and  judgement,  any  Rules  or  Orders  in  this  Tour  Graces 
moft  Godly  pnrpofe :  But  we  moft  humblj  befeech  Tour  Majefty  to  take  it  onely  as  a  Tefti- 
monj  or  wttnefs  of  our  readinefs  and  promptitude,  according  to  our  moft  bounden  duties, 
in  the  diligent  accompli  foment  of  fuch  things  at  Tour  Rojal  Majefty  JhaR  will  us  to  at- 
tempt or  take  in  hand,  fubmitting  the  correction  and  alteration  thereof  to  the  cenfure  and 
moft  expert  judgement  of  Tour  Graces  moft  Rojal  Majefty. 


Hereafter  followethin  Articlesthe  manner  of  the  Corporation  and 
Elections,  and  of  Exercifes  of  Learning,  together  with  certain 
Rules  to  be  obferved  in  the  King's  Graces  Houfe. 

FI  (1ST,  The  certain  number  of  fuch  as  (hall  be  the  King's  Students,  and  of  his  £££J  'f 
Graces  exhibition  to  be  limited  by  his  Highnefs. 
Secondly,  One  ancient,  grave,  and  learned  man,  and  ofnofmall  Authority,  which 
either  hath  the  knowledge,  orattheleaftisaFaftor  andFurtberer  of  all  fuch  know- 
ledges as  are  ftudyed  and  profeffed  there,  to  be  named  of  the  King's  Grace  to  be  Cheif 
and  Head-Governor  over  them  -,  and  his  name  of  Corporation  to  be  appointed  by 
his  Highnefs. 

Item, 


54.0  A  Commentary  upon  Fortes  cue. 

Item,  One  in  his  abfence  to  be  a  Vice-  Governour,  who  alfo  would  be  one  as  fliould 
procare  the  furtherance  of  all  the  (Indies  indifferently,  and  be  bounden  peipetually  to 
be  refident,  favmg-ev'ery  year  to  bave  liberty  of  abfence  twoMoneths,  but  never  paf- 
fing  three  weeks  together ;  and  that  buc  at  certain  times  when  the  lead  excrcife  of 
learning  is  in  the  Houfe,  except  the  Governour  be  there. 

Item,  ThattheVice-Governourinthc  time  of  his  abfence  fliall  always  appoint  one 
of  the  Company  to  fupply  his  Room. 

Item,  That  of  thefe  three,  that  is  to  fay,  the  Goyernour,  Vice  governour  and  Stu- 
dents, or  by  fuch  other  names  as  fliall  pleafe  the  King's  Grace,  a  Corporation  to  be 
made  by  the  King's  Letters  Patents,  and  lor  a  further  and  perpetual  eftabliflimcnt  there- 
of,  that  it  be  confirmed  by  Aft  ofParliament. 
m  Eua,.n,  mt  The  Election  and  Nomination  of  the  Governour,  Vice-governour,  and  Students, 

uhtr  oriinvuii    to  belong  to  the  King's  Grace. 

tncrmnith,  j({m^  ^js  Qricc  fhall  eleft  P.  or  as  many  as  his  Grace  fliall  think  meet,  of  the  moft 

fage,  difcreet,  and  learned  of  all  the  Students,  to  whom  with  the  Governour  and  Yice- 
governour,  the  orderirg  and  execution  of  all  the  Rules  and  Ordinances  fliall  pertain, 
which  fliall  be  called  the  Company,  or  fuch  like  name. 

Ittm,  That  all  Ordinances  hereafter  t©  be  made  concerning  this  Houfe  by  them, 
and  fign'ed  by  the  King's  Grace,  fliall  be  as  good  and  effeftual  as  if  it  had  been  mad* 
upon  the  foundation  and  paft  by  Aft  ofParliament. 

hem,  That  all  the  King's  Students  be  fworn  to  obferve  the  Rules  and  Orders  of 
the  Houfe. 

Item,  that  it  fliall  be  lawful  for  them  or  any  two  of  them  to  admit  to  ftudy,  befides 
the  number  of  the  King's  Students,  as  many  other  young  men  which  fhall  not  have  the 
King's  ftipend,  as  to  them  fhall  feem  meet,  undertaking  to  the  Governour  or  Vice- 
governour  for  their  good  behaviour,   fo  that  they  may  be  twenty  years  of  age. 

Item,  That  fuch  fliall  be  at  a  Table  and  Commons  by  themfelves,and  fliall  be  bound 
to  obferve  all  the  Rules  and  Learnings  in  the  Houfe  $  and  alfo  be  fworn  at  their  admit- 
tance thereunto. 

Item,  That  none  be  admitted  the  King's  Students  under  the  age  of  two  and  twenty 
years. 

Item,  that  whenfoever  the  Vice-governour  chance  to  dye  or  be  otherwife  removed, 
the  Governour  and  Company  fhall  choofe  and  appoint  three  out  of  the  fame  Houfe,  or 
the  other  Houfes  of  Court,  as  men  moft  towards .  and  the  King's  Grace  of  the  three 
to  appoint  one  to  be  his  Student. 

Item,  That  all  Elcftions  and  Ordinances  to  be  made  as  aforefaid  concerning  this 
Houfe,  there  be  prefent  the  Governour  or  Vice-governour,  and  fix  of  the  Company 
at  the  leaft. 

Item,  If  any  of  the  ten,  which  is  before  called  the  Company,  chance  to  dye  or  o- 
therwife  to  be  removed,  the  Governour  and  Company  to  cleft  another  of  the  Kings 
Students  into  his  room  •,  and  he  to  be  ready  the  next  Vacation  after  his  Election,  if  he 
be  elefted  one  Quarter  of  a  year  before  the  Vacation,  or  elfe  the  next  Vacation  after. 
Item,  That  in  all  Eleftions  and  Ordinances  hereafter  to  be  made,  the  confent  of  the 
greater  number  to  binde ,  and  if  they  be  equal,  then  that  part  that  the  Governour 
taketh,  or  in  his  abfence  the  Vice-governour. 

Item,  That  it  fliall  be  lawfull  to  the  Governour  and  Vice-  governour  and  five  of  the 
Company  at  the  leaft,  to  admit  any  young  man  of  the  age  of  eighteen  years  and  under 
twenty  to  be  a  Student,  they  being  thereunto  moved  by  fome  fingular  quality  or  excel- 
lency of  knowledge  that  appcareth  in  him. 

Item,  That  the  King's  Grace  fhall  appoint  every  of  his  Students  his  Ancienty,  and 
after  his  Ancienty  to  go  by  continuance. 
atuvnZfyZ  Firft>  Thac  cverV  wcck  three  times,  that  is  to  fay,  on  Monday,  Wednefday, 

i.**.  nndprfi  ,f   and  Friday,  except  Feftival  dayes  and  their  Vigils,  a  Mote  be  had  in  the  Houfe. 
M»tmt.  Item,  That  the  inner  Barrifters  fhall  plead  in  Lutlne,  and  the  other  Barrifters  reafon 

in  Freuth;    and  that  either  of  them  fhalldo  what  theycanto  banifh  the  corruption 
of  both  tongues. 

Item,  That  three  by  the  courfe  of  the  Company  which  (hall  be  the  moft  ancient, 
fhall  fit  at  the  Motes  as  Benchers  and  argue  unto  them. 

Item 


A  Commentary  upon  Fort£scu£.  $±i 

Item,  That  every  man  in  Commons  (hall  keep  his  courfe  in  Mote,  as  well  as  the 
King's  Students ;  and  this  courfe  once  appointed  by  the  Governour  to  continue  for 

ever. 

Item,  That  none  of  the  ten,  called  the  Company,  fhall  be  bound  to  mote,  but  as 

Benchers  to  argue  in  them. 

Item,  That  the  Mote  be  alwayes  after  Supper,  asisufedinCourt. 

Item I  That  after  dinner  every  three,  as  they  fit,  to  have  a  Cafe  propounded  and  ar- 
gued unto,  before  they  rife. 

Ittm,  That  after  Supper,  if  there  be  no  Motes,  three  Cafes  (hall  be  propounded 
to  the  Company  by  the  other  Learners,  andthepuifne  fhall  choofe  which  of  the  three 
Cafes  he  will,  and  argue  thereunto,  and  after  him  three  at  the  leaft  of  the  Company. 

The  firft  reading- Vacation  the  Vice- governovir  fhall  read,  and  after  him  every  t^,„j  „/  ,<,, 
of  the  reft  in  his  Ancienty.  l*b. 

Item,  That  none  be  called  to  be  a  Reader,  bat  onely  the  King's  Students. 

Item,  That  after  the  ten  have  read,  one  after  another,  then  he  that  read  firft  to  read 
in  the  Lent- Vacation ;  and  fo  every  Lent,  one  to  read  that  hath  read  before .-  and  e- 
very  Summer-Vacation  one  that  never  read. 

Item,  I  hat  any  Reader  daring  his  Vacation  (hall  deliver  to  them  whofe  courfe  is  to 
mote,  fuch  Cafes  as  (hall  be  moted,  new  queftions  or  old  at  his  plcafure. 

Item,  If  any  the  King's  Students  refufe  to' read  being  thereunto  called,  except  he 
have  luth  reafonable  excufe  as  the  Governour  and  Company  (hall  accept,  to  lofe  the 
King's  exhibitions. 

The  Exercifes  are  to  be  obferved  in  manner  and  form  as  they  here  appear 
by  the  fpace  of  two  years,  and  after  in  fomethings  to  be  altered  in  man- 
ner as  hereafter  fhall  be  declared. 
In  the  Term-time  and  Vacations,  every  Monday,    Tuefday,  and  Wednefday,  £««>/«  fir  M 
(  Feftival  dayes  onely  excepted  )  one  of  the  excellent  knowledge  in  the  Latint  and  L4,intMd  *'"•<* 
Greek,  tongue  to  read  fome  Orator  or  book  of  Rhetorick,  or  elfe  fome  other  Authour         ' 
which  treateth  of  the  Government  of  a  Common- wealth,  openly  to  all  the  Company, 
and  to  all  other  that  will  come  for  the  knowledg  of  both  the  faid  Languages ;  and 
therefore  it  fecmeth  convenient  that  there  be  two  of  thefe. 

Item,  That  this  Lecture  be  in  the  After-noon  between  three  and  four  of  the  clock. 

Item,  That  every  Friday  and  Saturday  in  the  Term,  and  Vacation  at"  the  fame 
hour,  one  learned  in  the  French,  read  fome  introduction,  to  teach  the  true  pronun- 
ciation, of  the  French  tongue. 

Item,  That  the  firft  two  years  paft,  every  Mote  that  (hall  be  brought  in,  (hall  in 
order  go  after  this  fort,  that  is  to  fay,  the  firft  in  good  L*tine,  and  the  utter  Birri- 
(lers  to  argue  in  good  Lttiat  fo  much  as  they  can,  and  the  fecond  in  good  French; 
and  this  to  continue  alter natim  :  and  the  Benchers  to  argue  in  like  manner  after  three 
years  part. 

Item,  That  the  mean  Vacations  after  two  years  paft,  inftead  of  Motes,  to  have  dayly 
Declamations  at  the  fame  hour  in  Latine  ■,  Prtvife,  that  none  of  the  Company  (hall 
be  bound  to  be  a:  this. 

Item,  We  think  it  very  convenient  that  they  fhould  have  fome  Houfe  not  fair  from 
the  City,  where  they  might  lye  together  and  continue  their  ftudy  at  fuch  time  as  the 
infection  of  the  Peftilcnce  or  other  contagious  ficknefs  (hall  chance  amongit  them  or 
nigh  their  Houfe. 

Item,  That  during  the  Lent-  feafon  the  Lttine  Lecture  to  ceafe,  and  inftead  thereof 
from  1  hurfday  after  Shrove-Sunday  till  Palm-Sunday,  even  the  fame  man  to  read  an 
open  Lecture  of  Scripture. 

Firft,  Keeping  of  Concubines  in  the  Houfe  to  be  the  lofs  of  his  ftipend  :  fighting  t^'"  *"d  *rd™, 
in  the  Houfe,  expulfion  of  his  part  beginneth  the  Quarrel,  and  finable  for  theother.       "H^fl  ***'  m  '"' 

If  any  be  known  for  a  notorious  whore-  hunter  or  common  Quarreller  to  beexpul- 
fed :  playing  at  Dice  or  Cards  in  the  Houfe  out  of  the  twelve  dayes  in  Chriftmas  to  be 
expulfion. 

Abfenceofanyone,  one  week,  at  times  appointed  to  be 'refident,  without  fpecial 
Licence  to  be  expulfion,  except  he  have  a  caufe  thought  and  judged  reafonable  by  the 
Governour,  Vice-governour  and  Company. 

t  1  i  1  Item, 


54-1  A  Commentary  upon  Fortescue. 

Item,  If  any  the  King's  Students  convey  or  fteal  any  books  out  of  the  Library,  or  be 

privy  or  confenting  thereunto,  ithat  he  (hall  be  expulicd  and  lofe  the  King's  exhibition. 

Item,  if  any  other  ot  the  Houfeconfent  or  be  privy  to  any  fuch  aft,  to  beexpul- 

fed  and  committed  to  the //«*,  there  to  remain  without  bayl  or  mainprize  as  long  as 

it  (ball  pleafe  the  Governour  and  Company. 

Item    AH  other  offences  to  be  punifhed  by  the  difcretion  of  the  Governour  or  Vice- 
governour  and  Company  ■,    and  that  they  (hall  have  power  to  commit  any  of  the  ' 
Houfe  to  the  Fleet,  there  to  remain  during  their  pleafure. 

Item,  That  one  of  the  Butlers  every  Saturday  make  clean  the  Library,  and  dafp 
the  books,  and  lay  them  in  their  places. 

Item  That  the  Governour,  or  Vice-  governour  and  Company ,  (hall  have  power  to 
call  counfel  in  the  Houfe  as  oft  as  they  (hall  think  fit  for  the  preferment  of  good  order, 
and  reformation  of  Offences. 

Item  Forafmuch  as  we  think  it  meet,  that  fuch  as  fhould  be  the  King's  Students 
fhould  be  feen  expert  in  all  civil  things  that  are  requifite  to  be  known  to  do  good  and 
faithful  fervice  to  the  King's  Highnefs  in  the  affairs  of  his  Graces  Realms  and  Domini- 
ons- we  moft  humbly  defire  that  it  would  pleafe  the  King's  Majefty,  that  when  his 
Grace  doth  fend  any  Embaffadours  into  any  forein  Realm,  that  his  Grace  would  affo- 
ciate  or  fend  to  wait  upon  the  fame  Embaffadour  one  or  two  of  his  Graces  faid  Stu- 
dents to  be  affigned  by  his  Highnefs,  to  the  intent  that  thereby  they  may  be  more  ex- 
pert and  meet  to  ferve  the  King's  Majefty  in  fuch  affairs,  when  occafion  (hall  ferve. 

Item  Forafmuch  as  it  feemeth  no  wife  convenient,  that  neither  the  politick  Go- 
vernment of  this  Imperial  Realm,  and  the  noble  Afts  of  the  Governours  of  the  fame, 
which  undoubtedly  are  worthy  of  eternal  memory  and  fame  -,  neither  on  the  other  fide 
the  deteftable  and  divelifh  Afts  attempted  againft  the  Common-wealth  contrary  to 
the  cxprefs  L awes  of  God  and  nature,  and  the  due  and  juft  punifhment  for  the  fame 
fuftained,  fhould  in  any  wife  either  by  negligence  or  lack  of  knowledge  be  drowned 
•  in  forgetfulnefs  or  buried  in  ignorance,  but  that  they  fhould  be  rather  chronicled  and 
remain  in  Hiftories  for  ever,  whereby  our  pofterity  feeing  (as  it  were  before  their 
eyes )  the  goodly  accefs  of  fo  noble  a  Government,  fhould  better  provide  for  the  fe- 
curity  of  this  Realm,  We  therefore  moft  humbly  defire,  that  it  would  pleafe  the  King's 
moft  excellent  Majefty  to  appoint  two  of  his  greateft  Students  to  put  forth  in  writing 
the  Hiftory  and  Chronicle  of  this  Realm  ;  and  they  that  (hall  be  fo  appointed ,  to  take 
an  Oath  before  the  Chancellour  of  England  and  the  King's  moft  honourable  Council 
truely  and  indifferently  to  do  the  fame  without  refpeft  of  any  perfon,  or  any  other 
corrupt  affeftion :  and  alfo  that  thofe  two  or  one  ot  them  when  any  notable  arraign- 
ment or  high  Treafon  (hall  be,  to  give  openly  evidence  for  the  King's  Highnefs  by  the 
Councils  appointment,  whereby  they  being  fo  made  privy  to  the  matter,  may  the  more 
truely  and  lively  in  their  Chronicles  fet  forth  the  fame. 

And  whereas  we  think  it  very  expedient,  that  fuch  men  fhould  alfo  befides  their 
ftudies  aforefaid,  have  fome  knowledge  and  praftice  in  martial  Feats,  whereby  they 
may  be  able  to  doe  the  King's  Grace  and  the  Realm  fervice  both  in  time  of  peace  and 
warralfo.  Firft  therefore,  That  it  (hall  be  lawful  for  every  the  King's  Students  to 
occupy  and  exercife  at  his  pleafure  (hooting  in  a  Crofs-bowand  Long-bow  without 
Licence  and  placard ;  fo  that  it  be  not  prejudicial  to  the  King's  Highnefs  games. 

Item,  That  whatfoever  Warr  (hall  hereafter  chance  between  any  forein  Prince, 
that  a  certain  number  of  the  aftiveft  young  men,  and  of  no  fmall  difcretion  and  fober- 
nefs,  to  be  appointed  by  the  King's  Majefty,  which  (hall  amongft  others  repair  into 
thofe  parts  not  onely  to  view  themfelves  the  order  and  fafhion  of  their  Camps,  and 
affaulting  and  defending,  but  alfo  to  fet  forth  in  writing  all  the  whole  order  of  the 
Battel,  andthistobercgiftredintheir  Houfe  and  to  remain  there  for  ever. 


To 


A  Commentary  upon  FortescIii,  5.^5 


To  the  moil:  High  and  moft  Excellent  Prince  our  moll 
Gracious  and  moft  Redoubted  Sovereign  Lord  and  King 
Henry  the  Eight,  by  the  grace  of  God,  King  of  England 
and  of  France,  Defender  of  the  faich,  Lord  of  Ireland, 
and  fupreme  Head  on  Earth  immediately  under  Chrift 
of  the  Church  of  England ,  Tho.  Denton,  Nic.  tBacbn,  and 
Robert  Cary,  His  Graces  moft  humble  and  faithful  Ser- 
vants, wifh  prolperous  health  and  continuance  of  fe- 
licity. 

PLeafcth  it  Tour  moft  Royal  MajeSly  to  under  ft  and,  that  whereat  Tour  moft  godly 
disfiofition  and  tender  zeal  irrpreffed  in  Tour  moft  noble  heart ,   both  towards  the  ad- 
vancement of  the  Common-wealth  of  this  our  Realm ,  andalfo  towards  the  furthe- 
rance and  maintenance  of  good  Learning,  and  the  ft  ad]  thereof  hereafter  to  be  ufed  in  the 
fame,    Tour  Highnefs  new  of  late  commanded  ut,  te  our  inestimable  comfort  andconfola- 
tien,  to  affemble  our  fe  Ives  together,  and  upon  the  diligent  jearch  and  per ufing  of  all  the 
Orders  of  the  Houfes  of  Court,  ctmpendioufly  to  fet  forth  unto  Tour  Grace  the  beftform 
and  order  ef  Study  praSlifed  therein,  and  all  their  Orders  and  Rules  meet  to  be  ufed  and 
ebferved  amongft  them  that  frofefs  ftudj  and  learning  :    fVe  immediately  conftdering  the 
godly  cffttl  and  intent  of  this  Tour  meaning,  tending  one Ij  to  the  right  inftitutitn  and  edu- 
cation of  Tour  Subjects  of  thit  Tour  gracious  Realm,  whereby  they  Jhalibe  undoubtedly  at 
much  unto  Tour  Grace  at  to  thtfe  natural  Parents,  did  not  cnely  render  hearty  thaukj  ** 
Almighty  Godthe  onelj  Authour  of  this  Tour  Princely  purptfe,  in  that  ithathpleafed  him 
te  fend  m  fuch  a  King  and  Head  to  rtign  over  us,  that  is  not  onlj  endued  and  adorned  himfeif 
with  an  letudes  and  forts  of  good  learning  as  well  divine  at  prophane,  and  exalt  judgement  in 
the  fame, but  alfo  to  fend  ttt  one  that  moft  endeavoureth  and  purpofeth  to  fet  forward, and  at  it 
were  to  *  rujne  the  find)  and  per  feci  kpiwltdge  thereof  of  long  time  detefled  and  almoft  trod-   *  ^«w«  I  fup- 
den  underfoot  ■,  that  this  Hit  Realm  in  Short  time  fb  all  not  be  equal  Veith  ether  but  far  excell   Pofe  "  °^' 10 
them, whereby  not  onely  we  that  are  inthisprefent  Age,  but  the  whole  Realm  for  ever ,  and  r»j„,  in  the 
all  our  Pofterities  fhall  be  moft  bound  to  him  therefore.     For  in  times  pa  ft,  yea  in  our  dayes   Copy. 
(  alas  for  pity)  how  many  good  and  gentle  wits  Within  this  Tour  Graces  Realm  have  perijhed, 
partly  for  that  in  their  youth  (  the  cheif  time  to  plant  or  graft  good  learning  in)  they  have 
not  been  ctnverfant  nor  trained  in  the  find}  thereof;    but  cheifty  for  that  the  moft  of  them  in 
their  tender  years,  tnd  ffcrent  to  receive  both  good  and  bad,  werefe  rooted  andfeafoned  as  tt 
were  in  barbarous  Authour s  very  Enemies  te  good  learning,   that  hard  it  was,  yea  al- 
rueft  impcffible  to  reduce  them  to  goodnefs,  but  even  like  a  fertile  ground  overgrown  with 
thorns  and  bryars  produced  no  good  fruit  'at  all.      The  Redrefs  therefore  undoubtedly, 
ns'ft  Gracious  Sovereign  Lord,  JhaU  be  the  ncbleft  and  Frincelytft  Atl  that  ever  wot 
enterprifed  or  attempted  in  this  Realm.     We  therefore  according  to  our  moft  bonnden  duties 
have  endeavoured  our  f elves  with  ah  our  wits  and  power  to  fat  is  fie  Tour  Highnefs  faid  de- 
fired  purpafc  and  expectation.      And  now  having  concluded  Tour  Graces  Commandment 
in  all  things  at  nigh  at  we  can,  we  do  cjfer  the  fame  here  unto  Tour  moft  Excellent  >JMa-  i    . 

jeffy,  m'ft  h'mbly  be feeching  the  fame  to  accept  in  good  part  this  rude  thing,  fubmitting 
it  to  the  moft  excellent  Wird,m  ef  your  Majefty,  whertunto  we  do  and  pea  11  conform  our 
ft  Ives,  at  to  our  mo$  bounden  duty  appcrtaincth. 


tin*  ifor 


544  ^  Commentary  upon  Fortescue. 

The  manner  of  the  Fellowlhip  and    their  ordinary  Charges,  be- 
fides  their  Commons. 


F 


Irft  it  if  to  be  confidered,  that  none  of  the  four  houfes  of  Courts  have  any  Corpo- 
ration, whereby  they  are  enabled  to  purchafe, receive,  or  take  lands  or  Tenements 
or  any  other  rcvcnue.nor  have  any  thing  towards  the  maintenance  of  the  houfe,  faying 
that  every  one  that  is  admitted  fellow,  after  that  he  is  called  to  the  Matters  Commons, 
payeth  yearly  3 .  (hillings  4.  pence,which  they  call  the  penfion  mony  ,and  in  fome  houfes, 
every  man  for  his  admittance,  payeth  20.  pence,  andalfo  befides  that  yearly  for  his 
Chamber  3 .  HiiLlings  4.  all  which  money  is  the  onely  thing  they  have  towards  the  re- 
parations and  rent  of  their  houfe,  and  the  wages  of  their  Officers. 
The  whole  company  and  fellowship  of  Learners,  isdivided  and  forted  into  three 
^'Zh4>fiZ     Part» and  degrees ;  that  is  to  fay,  into  Benchers,  or  as  they  call    them  in  fome  of  the 
*h.ufZvflie    houfes,  Readers,  Utter-Barretters,  and  Inner-Barkers. 

»„i  omwf  Benchers,  or  Readers,  are  called  fuch  as  before-  time  have  openly  read,  which  form, 
iOZh'jLntf  and  kinde  of  reading  (hall  hereafter  be  declared,  and  to  them  is  chiefly  committed  the 
thanintdti.  government  and  ordering  of  the  houfe,  as  to  men  meeteft,  both  for  their  age, difcre- 
vmchm.  tion,  and  wifdomes,  and  of  thefe  is  one  yearly  chofen,  which  is  called  the  Treafurer , 

or  in  fome  houfe  Penfioner,  who  receiveth  yearly  the  (aid  penfion  money,  and  there- 
with difchargeth  fuch  charges  as  above  written  -y  and  of  the  receipt  and  payment  of  the 
fame  is  yearly  accountable. 
Utter-Barreflers  are  fuch,  that  for  their  learning  and  continuance,  are  called  by  the 
vntr-Trnjin,,   ^  RM£jcr$  t0  picacj  an(j  argUC  jn  thc  (aid  houfe,  doubtful  Cafes  and  Queftions,  which 
amongft  them  are  called  Motes,  at  certain  times  propounded,  and  brought  in  before 
the  faid  Benchers,  as  Readers,  and  are  called  Utter- Barrefters ,  for  that  they,  when 
they  argue  the  faid  Motes,  they  fit  uttermoft  on  the  formes,  which  they  call  the  Barr, 
and  this  degree  is  the  chiefeft  degree  for  learners  in  the  houfe  next  the  Benchers  ■,  for 
of  thefe  be  chofen  and  made  the  Readers  of  all  the  Inns  of  Chancery,  and  alfo  of  the 
moft  ancient  ofthefe  is  one  eleftcd  yearly  to  read  amongft  them,  who  after  his  read- 
ing, is  called  a  Bencher,  or  Reader. 
All  the  refidue  of  learners  are  called  Inner- Barrefters,  which  are  the  youngeft  men, 
imtr.^ntjim.  that  for  lackof  learning ,  and  continuance,  are  not  able  to  argue  and  reafon  in  thefe 
Motes,  neverthelcfs  whenfoever  any  of  the  faid  Motes  be  brought  in  before  any  of  the 
faid  Benchers,  then  two  of  the  faid  inner- Barrefters  fitting  on  the  faid  forme   with  thc 
Utter-Barrefters,doefor  their  exercifej  recite  by  heart  the  pleading  of  the  fame  Mote- 
Cafe,  in  LiVf-French,  which  pleading  is  the  declaration  at  large  of  the  faid  Mote-Cafe, 
the  one  of  them  taking  the  part  of  the  Plaintiff,  and  the  other  the  part  of  thc 
Defendant. 
7b,  orhr  *nd        The  whole  year  amongft  them  is  divided  into  three  parts  j  that  is  to  fay  the  learning- 
zxircififfutm-  Vacation,  theTerme-times,  and  the  meane  and  dead  Vacation. 
**  They  have  yearly  two  learning- Vacations,  that  is  to  fay,  Lent- Vacation,  which 

beginns  the  firft  Munday  in  Lent,  and  continueth  three  weeks,  and  three  dayes,  the 
other  Vacation  is  called  Summer- Vacation.which  beginneth  the  Munday  after  Lammts- 
-    day,  and  continueth  as  the  other,  in  thefe  Vacations  are  the  greateft  conferences,  and 
exercifes  of  ftudy  that  they  have  in  all  the  year  •,  for  in  them  thefe  arc  the  Orders. 
E      n  ,       Firft,  The  Reader  and  Ancients  appoint  the  eldeft  Utter- Barrefter  in  continuance, 
ittnagmtb,     as  one  that  they  think  moft  able  for  that  Roome,  to  reade  amongft  them  openly  in  the 
rmaun.  houfe,  during  the  Summer-Vacation,  and  of  this  appointment  he  hath  alway  know- 

^uU^TnVft  ledge  about  half  a  year  before  he  fhall  reade,  that  in  the  mean  time  -he  may  provide 
inns  of  comt.  therefore,  and  then  thc  firft  day  after  Vacation,  about  8.  of  the  Clock,  he  that  it 
fo  chofen  to  reade  openly  in  the  Hall  before  all  the  Company,  (hall  reade  fome  one 
fuch  A<S,or  Statute  as  fhall  pleafe  him  to  ground  his  whole  reading  on  for  all  that  Va- 
cation, and  that  done  ,  doth  declare  fuch  inconveniences  and  mifchiefs  as  were  unpro- 
vided for,  and  now  by  the  fame  Statute  be  and  then  rcciteth  certain  doubts, 
and  queftions  which  he  hath  devifed,  that  may  grow  upon  the  faid  Statute,  and  de- 
clared his  judgement  therein,  that  done,  one  of  the  younger  Utter  Barrefters  re- 
hearfcth  one  queftion  propounded  by  the  Reader,  and  doth  by  way  of  argument  la- 
bour to  prove  the  Readers  opinion  to  be  againft  the  Law,  and  after  him  the  reft  of 

the 


A  Commentary  upon  Fortejgui.  54.J 

the  Utter- Barrefters  and  Readers  one  after  another  in  their  ancienties ,  doe  declare 
their  opinions  and  judgements  in  the  fame,  and  then  the  Reader  who  did  put  the  Cafe, 
indeavoureth  himfelf  to  confute  Objections  laid  againft  him,  and  to  confirme  his  own 
opinion,  after  whom,  the  Judges  and  Serjeants,  if  any  beprefent,  declare  their  o- 
pinions,  and  after  they  have  done,  theyoungeft  Utter-Barrefier  again  rehearfeth  a- 
notherCafe,  which  is  ordered  as  the  other  was ;  thus  the  reading  ends  for  that  day: 
and  this  manner  of  reading  and  difputations  continue  daily  two  houres,  or  there- 
abouts. 

And  befides  this ,  daily  in  fomehoufes  after  dinner,  one  at  the  Readers  board,  be- 
fore they  rife,  propoundcth  another  of  his  Cafes  to  him, put  the  fame  day  at  his  read- 
ing, which  Cafe,  is  debated  by  them  all  in  like  forme,  as  the  Cafes  are  u fed  to  be 
argued  at  his  reading,  and  like  order  is  obferved  at  every  meffe,  at  the  other  Tables, 
and  the  fame  manner  alwayes  obferved  at  fupper,  when  they  have  no  Motes. 

Of  thofe  that  have  read  once  in  the  Summer- Vacation,  and  be  Benchers,  ischofen  u«tv*e*tin. 
alwayes  one  to  rcade  in  Lent,  who  obferveth  the  like  forme  of  reading ,  as  is  before 
expreffed  in  the  Summer- Vacation  and  of  thefe  Readers  in  thefc  Vacations ,  for  the 
tnoft  part  are  appointed  thofe  that  (hall  be  Serjeants. 

In  thefe  Vacations  every  night  after  fupper.and  every  Fafting-day  immediately  after  Thewinmg  ant 
fix  of  the  Clock,  boyer  ended  (  Feftival-dayes  and  their  evens  onely  excepted  )  the^im,fM"J' 
Reader,  with  two  Benchers,or  one  at  the  leaft,  cometh  into  the  Hall  to  the  Cuboard, 
and  there  moft  commonly  one  of  the  Utter-  Barrefters  propoundeth  unto  them  fome 
doubtful  Cafe,  the  which  every  of  the  Benchers  in  their  ancienties  argue,  andlafl 
ofallhethat  moved  •,  this  done,  tbe  Readers  and  Benchers  fit  down  on  the  bench  in 
the  end  of  the  Hall,  whereofthey  take  their  name,  and  on  a  forme  toward  themidft 
of  the  Hall  fitteth  down  two  Inner-Barrefters,  and  of  the  other  fide  of  them  on  the 
fame  forme,  two  Utter- Barrefters,  and  the  Inner-Barrefters  doe  in  French  openly 
declare  unto  the  Benchers,  (  even  as  the  Serjeants  doe  at  the  barr  in  the  King's  Courts, 
to  the  Judges)  fome  kinde  of  Aftion,  the  one  being  as  it  were  retained  with  the 
Plaintiff  in  the  Aftion,  and  the  other  with  the  Defendant,  after  which  things  done, 
the  Utter- Barrefters  argue  fuch  queftions  as  be  difputable  within  the  Cafe(as  there  muft 
be  alwayes  one  at  the  leaft)  and  this  ended,  the  Benchers  doe  likewife  declare  their 
opinions  ,  how  they  think  the  Law  to  be  in  the  fame  queftions,  and  this  manner  of 
exercife  of  Moting,  is  daily  ufed,  during  the  faid  Vacations. 
This  is  alwayes  obferved  amonglt  them.that  in  all  their  open  difputations,the  yonngeft 
of  continuance  argueth  firft  ■,  whether  he  be  Inner- Barreftcr,  or  Utter- Barrcftcr.or 
Bencher,  according  to  the  forme  ufed  amongft  the  Judges  and  Serjeants. 

And  alfo  that  at  their  Motes,  the  Inner-Barrefters  and  Utter- Barrefters  doe  plead 
and  reafon  in  French,  and  the  Benchers  in  Englijh,  and  at  their  reading,  the  Readers 
Cafes  are  put  in  Engliji,  and  fo  argued  unto. 

Alfo  in  the  learning- Vacations,  the  Uttcr-Barrefters  which  are  Readers  in  the  Inns  Exer'V" 'f""™ 
ef  Chancery,  goe  to  the  lioufe  whereunto  they  rcade,  Either  of  the  faid  Readers  ta-  chanccry.A»r»g 
king  with  them  two  learners  of  the  houfe  they  are  of,  and  there  meet   them  for  the  ,h' v •>'*»*■ 
moft  part  two  of  every  houfe  of  Court,  who  fitting  as  Benchers   (  doe  in  Court  at 
theirMotes)  hear  and  argue  fuch  Motes  as  are  brought  in,  and  pleaded  by  theGen. 
tlemen  of  the  fame  houfes  of  Chancery,  which  be  nine  in  number,  four  being  in 
Holiorn,  which  be  read  of,  Grays-Inn,  and  Lincoln,- Inn,     And   Lincolns-Inn  have 
Motes  daily^  for  the  moft  part  before  noon,  which  begin  at  nine  of  the  Clock,   and 
continue  until  twelve,  or  thereabouts,  and* the  other  five  which  are  within  Tcmple-I»ir, 
which  are  of  the  VNoTemples,  have  their  Motes  at  three  of  the  Clock  in  the  after- 
noon . 

The  onely  exercifes  of  Learning  in  the  Terme-time,  is  arguing  and  debating  of  nt'M'nsl""{"'/, 
Cafes  after  dinnet,  and  the  Moting  after  fupper,  ufed  and  kept  in  like  forme,  as  is  r"*""<«" 
heretofore  prefcribed  in  the  Vacation-time,  and  the  Reader  of  the  Inns  of  Chancer j 
to  reade  three  times  a  week,  to  keep  Motes,  during  all  the  Terme,   to  which  Motes , 
none  oftheother  houfes  of  Court  come  ,  a9theydoe  in  the  learning-Vacations,  but 
onely  to  come  with  the  Reader  of  the  fame  houfe. 

The  whole  time  out  of  the  Learning- Vacation  and  Terme,  is  called  the  Mean-Va-  **•  E**rifl>  •/ 
cation,  during  which  time,  every  day  after  dinner,  Cafes  are  argued,  in  like  manner'  xZZyJZJm. 

The 


1±.6  A  Commentary  upon  Fortes  cue. 

as  they  be  in  other  times,  and  after  fupper  Motes  arc  brought  in  and  pleaded  by  the 
Inner- Barretters,. before  the  Utter- Barretters,  which  fit  there,  and  occupy  the  roome 
of  Benchers,  and  argued  by  them  in  like  forme  as  the  Benchers  doe  iu  the  Terme- 
time  ,or  Learning-Vacation 

The  Readers  and  Benchers  at  a  Parliament  or  Penfion  held  before  Chnflmts,  if  it 
tu  rntwur  tf     (ecmc  unto  them  that  there  be  no  dangerous  time  of  fickneft ,    neither  dearth  of  vi- 
^Irftom!*    ftuals,  and  that  they  are  furnifhed  of  fuch  a  Company,  as  both  for  their  number  and 
appertaines  are  meet  to  keep  a  folemn  Chrijtmai,   then  doe  they  appoint  and  chofe 
certain  ofthehoufe  to  be  Officers,  and  bear  certain  rules  in  the  houfe  during  the  faid 
■    ".  time,  which  Officers  for  the  moft  part  are  fuch,  as  are  excrcifed  in  the  King's  Highncfs 

houfe,  and  other  Noble  men,  and  this  is  doneoncly  to  the  intent,  that  they  (hould 
in  time  to  come  know  how  to  ufe  themfclves.     In  this  ChnftmAs  time,  they  have  all 
msmerof  paftimes,  as  fingingand  dancing;  and  in  fome  of  the  houfes  ordinarily 
they  have  fome  interlude  or  Tragedy  played  by  the  Gentlemen  of  the  fame  houfe,  the 
ground,  and  matter  whereof,  is  devifed  by  forae  of  the  Gentlemen  of  the  houfe. 
nt  humir  ./      '  Every  quarter,  once  or  more  if  need  fhall  require,  the  Readers  and  Benchers  caufe 
ihrnTtrittmnt.  0nc  of  the  Officers  to  fummon  the  whole  Company  openly  in  the  Hall  at  dinner,  that 
»rn»fit».  fuch  a  night  the  Penfion,  or  as  fome  houfes  call  it  the  Parliament,  fhall  be  holden  , 

which  Penfion,  or  Parliament  in  fome  houfes,  is  nothing  clfe  but  a  conference  and 
Aflembly  of  their  Benchers  and  Utter-Barretters  onely,  and  in  fome  other  of  the  hou- 
fes, it  is  an  Affembly  of  Benchers,  and  fuch  of  the  Utter-  Barretters  and  other  ancient 
and  wife  men  of  the -houfe,  as  the  Benchers  have  elected  to  them  before  time,  and 
thefe  together  are  named  the  Sage  Company,  and  meet  in  a  place  therefore  appoint- 
ed, andtherc  treatc  of  fuch  matters  as  fhall  fecm  expedient,  for  the  good  ordering  of 
the  houfe,  and  the  reformation  of  fuch  things  as  feeme  meet  to  be  reformed.  In 
thefe  are  the  Readers  both  for  the  Lint  and  the  Summer- Vacation  chofen  -,  and  alfo 
if  the  Treafurer  of  the  houfe  leave  off  his  Office,  in  this  is  a  new  chofen.  And  al- 
wayes  at  the  Parliament  holden  after  Michttimaj,  two  Auditors  appointed  there,  to 
hear,  and  take  the  Accounts  for  the  year,of  the  Treafurer,  and  in  fome  houfe,  he  ac- 
counts before  the  whole  Company  atthe  Penfion,  and  out  of  thefe  Pcnfions  all  mif- 
demeanours  and  offences  done  by  any  fellow  ofthehoufe,  are  reformed  and  ordered 
according  to  the  difcretionof  certain  of  the  moft  ancient  of  the  houfe,  which  are  in 
Commons  at  the  time  of  the  offence  done. 

Firft  they  have  one  called  the  Steward,  whofe  office  is  to  provide  the  victual  of  the 
ThfOfiurt,  *»d  hoiife^  and  hath  for  his  wages  five  mat  k. 

**■•*  They  have  three  Butlers,  whereof  the  chief  Butler  hath  40.  (hillings,  every  of 

the  other  hath  for  their  wages  20  fhillings. 

They  have  three  Cooks,  of  which,  the  chief  Cook  hath  yearly  10  pounds. 
The  Manciple,  or  Stewards  fervant,  whofe  office  is  to  convey  the  provifion  of  the 
houfe  home  from  the  market,   and  hath  yearly  26  fhillings  8.  pence. 
The  under-Cook  hath  yearly  for  his  wages  20  fhillings. 

The  Laundres  of  the  Clothes  for  the  Buttery,  hath  by  the  year  6  fhillings  8  pence. 
And  befides  this  wages,  the  three  Buttlers  have  in  reward  at  Chrifimas  of  every 
Gentleman  of  the  houfe  1 2  pence,  and  fome  more. 

And  at  Eafter,  the  Cooks  and  Manciple  have  in  reward,  of  every  Gentleman  1 2 
pence,  or  more  amongft  them. 
v  out  tftht         The  whole  Fellowship  is  divided  into  two  fcveral  Commons ,  the  one  is  called  the 
n»»ft.  Matters  Commons,  and  there  is  the  Clerks  Commons. 

The  Matters  Commons  amountcth  yearly  to  20  nobles,  or  thereabouts,  which  is 
after  the  rate  of  2  fhillings  8  pence  the  week. 

The  Clerks  Commons  amountcth  by  the  year  to  five  pounds  fix  fhillings  eight 
pence,  which  is  after  the  rate  of  2  fhillings  2  pence  a  week. 

Thefe,mott  redoubted  Sovereign  Loid,are  the  moft  univcrfal  and  general  things  con- 
cerning the  Orders  and  Exercifes  of  learning  in  the  houfes  of  Court,which  we  thought 
meet  to  defcribe,  and  to  prefent  into  your  Grace's  hands;  and  having  regard  to  o- 
ther  particular  or  private  things,  we  thought  it  not  convenient  to  trouble  Your 
Highnefs  with  them,  partly,  becaufeofthe  multitude  of  them,  and  partly,  becaufc 
they  are  things  of  no  great  importance,  or  weight. 

CHAP  X- 


if  Commentary  upon  Fortescue.  54.7 


CHAP.    L. 

Sedctmtu,Princeps,  feire dt [tier es,  cnr  in  Legibtu  Anglizw*  dantttr Dtttorattts 
&  Baccalanreatitsgradus,  ficutin  utroquc  jure  in  Vniverfttatibns eft dare  conr 
fuetum,  fcirt  te  volo  quod  licet  gradus  bujnsmodi  in  Legibus  Anglix  minime 
conferuntnr,  &c. 

THIS  Chapter  begins  with  a  reference  to  the  conclufion  of  the  47.  Chapter, 
where  according  to  the  order  of  the  Dialogue,  the  Prince  is  introduced  query- 
ing, why  the  Laves  of  England  are  not  taught  in  Vniver/ities,  and  why  Degrees  inchoate 
and  cenfummate  are  not  conferred  in  them.  Now  the  Chancellour  being  willing  to  let  no 
Query  of  the  Prince  pafs  unrefolved,  after  he  has  written  of  the  Academies  of  the  Law, 
(dnns  of  Court  and  Chancery )  which  are  the  fubje&s  of  the  49.  Chapter,  proceeds  in 
this,  to  a  replication  in  fatisfaftion  to  hina ;  that  though  the  Lawes  of  England  do  differ 
from  the  Civil  Lawes  in  the  names  and  kindes  of  their  Degrees  :  yet  in  the  import  and 
fignification  of  them,  they  are  futable  in  every  notation  of  defert  and  dignity,  Licet 
gradtu  hujtumodi,  &c.  faith  our  Chancellour. 

Datur  tamen  in  Mis,  nedum  gradtu,  fed  &  fiattu  tjuidam  gradu  Doiloratus  nsn 
mintu  Celebris  ant  folennu,  qui  gradus  ftrvientie  ad  Legem  appeBatur. 

Nedum  flatus  fed&  gradut  ]  Concerning  this  honourable  Degree,  fee  my  Notes 
on  the  8.  Chapter.  The  Hononr  of  Ser  jeancy,  as  it  is  a  ftate  and  degree  in  the  Law 
conferred  by  the  King's  Writ  or  Patent,  is  not  onely  (faith  the  late  learned  and  honour- 
able Chancellour  the  Lord  Coventry  )  A  very  ancient  ftate  and  degree,  fo  ancient  that 
Booles  are  as  filent  in  it  as  in  the  Commencement  of  the  Commtn  LaV?  ;  but  alfo  a  very  ho- 
nourable one,the  high  reward  of  profound  Learning,  fpottefs  integrity  ,and  notable  for- 
tune, and  whatever  tends  to  a  Jurifts  accomplifhment.  For  betides  that  it  is  coupled  in 
the  Stat.  1  Mar.  StfJ.  a.  c  8.  with  the  great  men  of  England,  and  has  place  next  to 
Knights  ;  the  claufe  of  Status  &  Gradtu  in  the  Writ  amounts  to  fome  honour  like  that 
of  Knighthood,  and  conveys  an  Addition  of  Gentility  importing  Name  and  Blond :  and 
this  makes  it  not  minus  Celebris  aut  folennis  then  the  Doftorfhip  of  the  Law  is.  For 
though  it  has  not  been  faid  that  this  Degree  has  1 30  grand  priviledges  attending  it  as 
Lniovicus  Bologninw  has  computed  thole  of  a  Doftor  of  the  Law,  (thanks  be  to  him, 
who  being  himfelf  a  Doctor  has  generoufly  amafied  and  propalated  the  dignity  of  his 
degree* )  Which  none  of  the  learned  Serjeants  has  ever,  that !  know,  done  to  theluftre 
of  their  Digni{y  (being  more  intent  on  gain  by  it,  then  glory  from  it,  which  truely  I  beg 
their  favour  to  fay,  is  none  of  their  greateft  praife  and  emcritingeft  commendation,)  yet 
is  there  much  undoubtedly  to  be  faid  and  written  in  exemplification  of  the  renown  and 
worfliip  that  is  due  to  this  ftate  and  dignity  of  the  learned  Long-Robe.  Nowthough  I 
cannot  fcrve  them  here  in  to  the  proportion  I  would,  becaufe  to  write  of  it  ftrenuoufly 
and  to  the  non  ultra  of  the  nature  of  it,would  become  a  diftinct  work  of  fome  largenefe, 
and  a  noble  Compiler  of  fome  more  then  ordinary  induftry  and  exactnefs,  learnedly 
and  with  judgement  to  do  it  ■,  though  I  fay  I  cannot  undertake  to  write  to  theampli- 
tude  it  callffor,  yet  fo  far  as  my  tenuity  can  contribute  thereto  I  readily  fhall,  being  a 
fcrvant  to  all  and  a  particular  friend  to  fome  of  them  that  are  dignified  with  this  ftate 
and  degree  :  in  teftimony  whereof,  I  fhall  crave  leave  according  to  the  method  of  my 
Comment,  to  write  what  I  finde  futable  to  the  matter  ot  our  Chancellour's  Text,  and 
appofite  to  be  infifted  on  in  the  illuftration  of  his  language  and  meaning.  The  form  of 
which  folemnity  of  Creation  he  thus  defcribes. 

CapitalU  JuHitiarius  de  Communi  Banco,  de  Conftlio  &  Affenfu  omnium  fufticiari- 
trum,  eligere  folet,  quotiesfibi  videtur  oppertunum,  &c 

This  Claufe  fhortly  abridges  the  ancient(and  yet  in  the  main  praftifed)  form  of  calling 
Serjeanrs,  from  their  travel  and  retirement  in  ftudy  to  their  reward  and  confpicuity  -, 

which 


Tel.  1  j  8, 1 5  9, 140. 
Lord  Ctvtntry's 
Speech  Creation 
of  Serjeants  i& 
C*rol.  1,  sAnnt 


I 


Sit  Min.  C-l^ 
1  Inftit.cn  Stat. 


dt  Milit. 


t-  5?J. 


54.8  A  Commentary  upon  Fortiscui. 

which  excellent  men  in  our  Chancelloars,  as  in  all  good  times  arrived  at,  not  by  any 
meanes  lefsingenious.and  worthy,  then  by  the  merit  and  reputation  of  excellent  parts, 
cbnftant  diligence,' ftanch  integrity,  approved  fidelity,  which,  becaufe  they  bell  ap- 
peared to  the  Judges,  who  belt  know  and  judge  of  them,  therefore  is  the  nomination, 
approbation,  and  prefentation  of  fuch  fit  pcrfons  referred  to  them  (that  is)  to  the 
Chief  Juftice  if  the  Common  fleas.     For  that  is  the  peculiar  conftellation  of  Ser  jean  rs, 
and  therefore  the  prefentation,  &c .  is  by  the  Chief  Juftice  of  that  Bench,   with  the 
advice  and  confent  of  all  the  Juftices,  thefe  all  fo  concurring,  doc  eligere]  That  is, 
the  Chief  Juftice  of  that  Bench  in  the  name  of  all  his  company,  doth  nominate  and  pre- 
fect fuch  as  he  accounts  meet  to  be  Serjeants  ;    For  eligere  here  has  not  a  notifi- 
Tht  Author    cacion  of  ***"*  defignation,  hut  of  difcreet  prefentation,  upon  which,  though  accepta- 
ot  lha   ed    "on  be  nfual,  yet  I  take  it  as  in  the  Cafe  of  the  Speaker  of  the  houfe  of  Commons  , 
To  MckHrte-     t0  bejrr4f*'.e  not  debiti,  or dinis,  non  jurit;  for  the  eligere  folet  here  ]  feemesto  me 
I  dr  h     d     (  Dut  *  ever  bc8  Pard°n  fott  and  ^all  rcca' »  wnen  '  ^now  my  wftakes,  which  with- 
ftS    "     '  out  Gods  mercy  and  mens  pardon,  will  be  many  and  injurious  to  me )  to  be  rather 
iverl.14.        Oftionem  alicui  facer e,  ut  eligat  utrum  vtlit ,  as  Tully's  words  are,  then  any  necefla- 
ry  caufe  of  call  thereunto,  fince  I  think  pcrfons  fo  prefented  may  be  refufed  to  be  cal- 
led, which  they  could  not  be,  were  the  eligere  folet  unavoidably  to  be  anfwercd  with 
acceptance.  This  then  eligere  folet  (as  in  the  Text  referred  to  the  Chief  Juftice)  is  to  be 
qualified  mdxa  quantum  in  fe,  juxtapose  off cii,  and  falvis  frtrogutivis  Regii  bene- 
placiti,  and  argues  rather  a  favour,  that  accepts  for  orders  fake  the  pcrfons  prefented , 
then  right  and  neceflity  of  Law  and  ufage  fo  to  doc. 

Qnoties  fibi  videtur  effort  xxum  ~]  This  is  to  be  underftood  when  the  degree  of 
Serjeants  growes  thinn  by  death,  or  other  difablement,  when  there  are  not  enough  to 
ferve  the  King  and  his  people  in  the  great  affaires  of  Law ;  For  Serjeants  of  eld  (faith 
the  Lord  Chanccllour  Coventry  )  weremenof  Learning  and  great  cunning  ,  Veho  did 
love  the  Law  for  the  Law's  fake,  ana  intended  their  Cljents  Cafes  for  God,  and  a  good 
Confeiencefake,  in  order  to  which  heretofore  Counts  and  Pleadings   were  received  at  the 
Barr,  and  every  little  doubt  was  prepared   and  cleared  bj  a  debate  there  ofenlj  before 
either  Demurrer  or  lftue  were  jojued,  fuib  Was  the  care  of  the  Serjeants  net  to  difad- 
Lord  ovmtrj's  vantage  their  cljents  caufe ,  bj  any  fuiiain  or  indigene d  conceptions,  or  by  omifftons  or 
Speech  id  Chan-  negleS,  and  then  the  Prothonotarj  entreiiton  record,  thus  that  Sage.  Whence  I  conclude 
'Jf'L'iijT*,1'  that  Serjeants  being  fo  judicious  and  careful  of  mens  Caufcs,  no  Caufes  were  well 
the  cteation  of  handled  without  them'  and  fo  there  was  a  neceflity  of  them  in  their  number  futable  to 
Serjeants.         their  conlcqucnce,  tobecontinued:  and  therefore  quoties  fibi  videtur  epportunum  re- 
ferrstothedifcrecionof  the  Court  where  they  plead,  to  certifie  the  decay,  and  prc- 
fent  a  fupplement  of  it,which  fucceflion  (though  it  may  be  in  the  numerical  pcrfons  de- 
clined) yet  in  the  intent  of  it,  to  furnifh  the  Courts  with  able  prafticersk  and  the  peo- 
ple with  learned  Advocates  is  never  departed  from,  but  for  the  moft  part  thofe  very  . 
men  called  by  writ.wbo  are  prefented  by  the  Court,  as  fie  for  that  ftatc  and  degree. 
i 
HoiingQied>.«7       Septcm  ve!  ctto  de  maturioribus  perfonis]  Here  I  conceive  is  a  definite  number  put 
l(b)M£p!m  ^or  an  indefinite,  7-  or  8.  for  fo  many  as  fhall  be  wanting,  and  fhall  be  neceffary  to  be 
(c)  Hoiingflwd".  fupplyed,  to  the  furnifhing  of  the  Barr  with  Serjeants  ■,  for  in  the  call  of  4.  £.4.  there 
tdi'st'oweiJ-r    were  but  eight ,    In  Anno   (b)    1494-  Temps  IO,  n.  H.  7.  p.  In  Anno  (c)  150? 
vtyp.r-t.  '       20.   H.  7.  10.  In  the  (d)  2$.  H.  8.  Elcavcn,  in  the  1.  E.  6.  fix.     (c)  In  the 
(ejHoiingfhed.   9.  £/«,.  onely  7,  (f)  In  the  23.  Rive-  eight,  fo  all  King  James,   and  King  Charles 
^lit'mf.nn   '^ /ty?-'s  time,  and  fo  in  the  late  call,  All  which  fhewes,  that  the  number  of  them  was 
not  onely,'7.  or  8.   but  as  many  more  or  lefs,  as  the  King  pleafed  -,    for  there  being 
ia.  ♦.  «.#./«    calls  of  grace  as  well  as  of  neceflity,  the  number  purely  at  the  pleafurc  of  the  King , 
J^j™7*n"i0.  for  He  it  is  that  is  the  fountain  of  this,  as  of  all  other  honour,  and  by  His  writ  onely 
it  is  that  the  Ser  jeantsarc  called  ad  (latum  &  gradum. 

De  Maturioribus']  As  the  duty  of  Serjeants  is,  to  counfel  the  King  and  people 
aright ,  as  heretofore  I  have  fliewne  •,  fo  are  their  abilities  to  be  futable  to  thi« 
great  truft  and  confidence  the  King  and  his  'people  have  in  them  s  which,  that 
they  may  well  difcharge,  the  Text  fayes,  the  pcrfons  prefented  to  be  called,  are  de 

Afaturio- 


A  Commentary  upon  Fortes  cut.  $| 

Maturioribtu,  3  that  is,  thofc  that  by  being  dobli  &  periti,  as  otherwhere  he  calls,  them; 
are  able  and  willing  to  counfel  according  to  Law  and  good  Confcience  ;  for  though 
Maturus  in  Authoun  fometimes  fignifics  feflintu  and  repentinus,  Mature,  cito  & 
ante  tempus,  faith  Donates,  Soon  ripe  (  as  we  fay  )  and  feen  rotten  .- 


Verr. 


yet  here  de  Maturi»ribtu~]  denotes  that  fettlement  of  judgement  and  ckj.  *M 

ballaft  of  folidtty  that  poyfes  a  man  againft  every  extreme,  that  AgeiiLW/j.*.^' 

which  full.ripenefs  and  taking  in  time  is  in  fruit;    thus  Maturitas  V'  emm  wjirmitas  4$*™™.  &/~ 

Seneiiutis  as  ThIIj  calls  it,  wbieb  it  as  much  $f  perfection  as  nature  Z"Tt.^,7"}^u7ZtZrlZ. 

can  bear  or  arrive  at :    which  is  fo  much  the  glory  of  every  thing  in  fit  n*Mam  t,»ut  <f»u  fin  umfwfn- 

the  apprehenfion   of  wifdom  ,    that  whatever  is  omnibus  nume-  %*}£•■  ff£ 5Tfl *>„ 

if,  .       c  *  ,         .  y         .         ,    .t       -  » ■      .  .  (*)  Cic.  Sulpitio.  M.  4. 4.  '4. 

ns  abfoluta  is  phraled  by  Matuntas,]  trius  (a)  Maturitas  atatis,       (jt>)D<cUr.or*t<mb.+. 
(b)  OratUnis,  (c)  Virtutis,  (d)  Sceleris,  is  ufed  by  TuUj.    This  Ma-        <0£j  ^ c«U°m 
turitj  applyed  to  time  is  called  a  proper  feaftn,  or  a  fit  time  ;  and  it  J    Im   a"-"- 

is  that  virtue  in  men  by  which  they  do  every  action  in  weight  and       >/«;««>■*,  ««/«««,  •««/  ddi»h*t»r 
meafure,  fo  as  neither  too  much  hade,  nor  too  great  fioaih  dulls    g£ffi£?2S£5^  2 
the  vifage  and  flats  the  edge  of  its  defign  and  fuccefs  j  but  that  it  is    ..j.t^WM.,,,  «»y« /«•.»<  £«*.   __ 
carryed  on  in  an  orderly  and  advifive  way,  and  has  all  the  advan- 
tages that  art,  nature,  arid  experience  can  contribute  to  its  production.     This  is  the 
fenfe  of  de  Mat urioribus  ~\  when  as  a  mans  afcent  to  honour  is  exprcffed  by  mature  cici.mcatu. 
extoUere  aliejuem  ad  fummum  Imperium  per  omnes  hinorum  gradus  ,    fo  this  learning  of  10- 
Intellect  in  the  Law  is  the  refult  of  many  years  ftudy  and  pradice,whci  eby  the  ftudent  is 
perfefted  to  become  a  judicious  and  wcll-advifed  Advocate  in  all  points  of  Law-learning  speech  at  the 
and  right  Judicature,  which  the  Lord  Chancellour  Cevt ntrj  terms  The  approved  and  ^";"  €"' '" 
beft-Tvorthj  in  every  Inn  of  Court ;    and  our  Chancellour  by  g»i  in  pradiHo  generali  "*""" 
ftudit  majus  in  fygibus  profeeerunt. 

Etefuieisdem  fufthiariis optima  difpefitionis  cffe  vidctnr~\     This  cisdemfufiitiarlii 
explains  the  former  claufe,  Capitalis  fuilitiariusde  confilio  &  a jfenfu  omnium  fufiiti- 
Mriorumj    For  becaufe  the  Chief- Juftice  is  the  firft  and  rhoft  eminent  Juftice,  there- 
fore his  ac%  when  he  delivers  what  he  does  with  their  cenfent  and  privity,  is  the  aft  of 
them  all;   which  the  Law  andCuftom  of  England purpofely  does  to  avoid  errour 
and  iniquity  in  Judgement,  and  to  tranfad  judicial  things  with  all  their  appurtenan- 
ces by  confent  and  concurrence  of  all  thofc  that-are  concerned  in  and  entrufted  with  it. 
For  f.nce  aSerjeantisaperfor.  publick,  and  hi*  qualifications,  if  fuch  as  they  ought,  c»k.  *  inftir.  . 
are  cxtenfive  in  the  good  or  evil  of  them,  good  reafon  many  wife  and  worthy  men  £' +J1j  ££" '  "* 
fhou'.d  confider  and  report  his  fitnefs  that  is  to  that  ft  ate  and  degree  to  be  promoted,  and    '"'  * 
that  fitnefs  in  his  government  over  his  paffions  and  his  feverenefs  of  virtue  and  fobricty 
of  life,  which  is  optima difyofitionis  videri  within  the  Text,  and  to  be  moft  worthy  in  the  ' 

Stat.  42  E.  3.  t.  4.  fee  my  Notes  further  on  this  in  the  24.  Chapter, 

Et  Nomina  etrumi lie  deliber are  folet  Canccllario  Anglij?  in  fcriptis,  aniiilico  man- 
dabitptr  Srevia  Rigis  cuilibet  Elector  urn  illorum^uod  /if  coram  Rege  ad  diem  per 
ipfum  affignatum  adfufcipiendum  (latum  &  gradum  fervientis  ad  Legem,  &c. 

A  comrenient  number  of  grave  and  learned Apprentices  or  their  Fellows  chofen  by 
the  Jufiicesoutof  the  Inns  of  Court,  the  Studium  furts,  ]  the  names  of  them  are  to 
be  prefented  to  the  Chancellour  ;   who  bong  the  Primum  Mobile  of  a  Subject,  is  0~riHm  CMlll. 
the  fincquanonto  all  good  warrant  and  difpatch.    Therefore  fince  all  things  that  pafs-/J<  *nfisfU*m 
bytheGreat-feal,  are  paffed  by  this  High  Officer  of  Eftate,  all  Ads  of  Parliament  iJ^'fZt 
mention  him  the  firft  in  Commiffions ;    and  when  any  thing  is  to  pafs  by  the  Broad-  7^J'Z'"<urn. 
feal,  application  is  to  him,  who,  under  the  King,  has  the  power  and  cuftody  of  it;  and  jfc*»  Ast*1'- n«* 
astheHe,  that  according  to  his  great  and  grave  judgement,  can  cither  pafs  orftopit,  "**.*•***■ 
'  as  it  feems  good  or  evil  to  him  .•    which  conGdercd,  the  ufage  upon  Creation  of  Ser-  Uasu.ed.  e»kj 
jeants,  to  prefent  the  Lord  Chancellour  witru  the  names  of  iuch  in  all  or  moftofthe  *^n*oMt  •V<"' 
Inns  ef  Court  as  are  de  Maturioribus,  and  can  befl  perform  the  office  of  counfelling  chancery. 
the  King  arid  his  people  in  gravioribus  Legis,  is  well  declared  by  our  Text  to  be  Can- 
ceKario  Angl'u  ■,    for  asheonely  can,  fo  he  readily  will  ( no caufe  of  the  contrary  ap- 
pearing^ him  more  then  discovered  it  felf  to  the  Judges  that  prefent  them  )  fend 

M  m  m  m  •  forth 


54+  A  Commentary  upon  Fortiscue. 

forth  Writs  to  fummon  them  to  appear  at  a  certain  day,  to  take  the  State  and  Degree 
of  a  Serjeant  at  Law. 

Mandavit  fer  Brtvia  ~]  This  fhews  how  the  perfons  prefented  as  fit  for  Ser  jeantj, 
are  fummoned  to  appear  to  take  their  State  and  Degree,  to  wit,  by  Writ :   not  by 
paper-order,  or  word  of  mouth,  orMefiage  ■,  but  Mandato  Brevis,  that  by  a  legal 
Command,  fee  the  Notes  en  the  36,  and  37.  Chapters.    Which  fummons  is  not  ge- 
neral to  them  all,  as  in  cafe  of  witnelTes  many  are  put  into  a  Writ  ^  but  for  the  greater 
publication  of  the  King's  regard  to  them,  as  to  men  of  value  and  learning,  a  Writ  is  fenc 
cuilibtt  Elctttrum  :  concerning  this  alfo  fee  the  Notes  on  the  8.  Chapter.    That  which 
I  add  thereto  is,  that  fo  publick  does  the  Lawandufage  of  England  account  the  ho- 
nour of  Ser  jeanting,  that  the  duty  and  folcmnity  of  it  is  in  no  fort  to  be  clancular  and 
in  hugger  mugger,  but  openly  at  the  Court,  and  that  in  the  due  Solemnities  ±   which 
Ttmin.  Ttfih*    when  the  Ser  jeants  of  3  Caroli  did  not  obferve,  but  whereas  they  ought  to  have'  prefen- 
"  c»".  •»*»"      ted  themfelves  to  the  Juftices  in  Robes  of  Brawn-  blew,  al.  Blac\-colourtd,  they,  came  in 
jieports'/t^is.  thcir  party-coloured  Robes.for  which  caufe  they  were  fent  back  again  ;  alfo  they  came 
into  the  Hall,  each  of  them  having  his  Servant  bearing  his  Scarlet  Hood,  his  Coyff  and 
Cap  before  him  -.    but  that  alfo  being  againfl  courfe,  (for  every  Servant  ought  immedi- 
ately to  follow  and  not  precede  his  Serjeant)  they  were  directed  to  go  back  again  and 
?«n.  crook's  return  in  their  Gowns  of  BroVen-blew,  and  then  they  recited  their  Count,  and  had 
Reports^,  z.i,    their  Writs  read  in  Term-time,  by  folemn  proceffion  of  the  Ims  of  Court  with  them  : 
4. 1.  *.  fo  1  rcad  the  refolution  of  all  the  Judges  was  1  Caroli.    For  as  they  are  to  take  Oath 

publickly,  and  Count,  and  have  their  Robes  and  Coyff  publickly  put  on;    foare 
.  they  to  keep  their  Feaft  publickly,  that  all  men  may  be  witnefTes  of  the  King's  grace 
to  them,  and  their  fitnefs  for  and  refolufion  to  difchargyheir  place,  Remembring  the 
swelheiMuon  *>odtfij,  fear,  care,  and  confeience  of  tbofe  excellent  men  that  Vrere  their  Predecejfon , 
Serjeants,  u      and  endeavouring  if  pofflble  to  fucceed  them. 

Ctr.iti*. 

Et  quod  if  ft  in  die  iU»  dabit  aurum  fetundum  confuetudinem  Regni. 

As  Kings  at  their  Coronations  give  Medals  in  token  of  their  Entrance  on  their 

Government,  and  in  memory  of  the  luftre  of  their  triumphs ;    fo  have  they  indulged 

men  of  worth  in  favour  with  them  to  fymbolize  with  them  in  luch 

*viris<um  frmifitut  «**.  dm,    partial  imitations  of  greatnnfs,  as  are  competible  with  their  beine 

ZivUtxhHtmt.  Julius  Capiioi.  i«.  >4«.     aUDjects.     ]  nus  did  *  Antomniu  Phi/ofophfts  out  of  his  great  re- 

jtf«syl».  fped  to  learned  and  brave  men ;    fo  probably  did  Alexander,  who 

am  inter  fm,  .whir,™,  **t  uu    ^ymg  Vlpian  and  other  learned  men  at  his  meals,  and  being  pleafed 

pianum.  *•"  &&»  >'—»«»  "dhUeUi,  m     with  the  Mufick  of  their  wifdom  and  fcience,  thought  no  dona- 

STCfAflSfirS     5  too  magnificent  for  them.    From  this  ufe  of  good  Kings  and 

jeiof.  115.  £*«.syib.  t-tieits  lo  to  do,  probably  grew  the  example  of  our  Anceftours,  and 

the  ufe  to  our  Chancellor's  time  ( as  I  think  )  for  Serjeants  upon 
Creation-dayes,  to  beftow  peices  of  gold,  artlyly  form'd  and  inferib'd,  in  token  of 
their  admiffion  to  honour  by  the  King  s  favour,  which  I  ground  upon  the  former  insi- 
nuations, and  that  which  is  additional  to  it  in  the  Text  -,  for  notwithftanding  there  is' 
mention  of  Rings  after  in  this  Chapter,  yet  here  'tis  faid,  Dabit  aurum  fecundum  con- 
fuetudincm.  But  of  this,  as  of  all  other  the  Solemnities  of  Ser  jeants,  becaufe  our  Chan- 
cellour  who  was  longan  Ancient  of  Lincoln!  /*»,under  the  name  of  FortefcMcfcnior, tnd 
I  take  to  be  ferjeanted  about  the  1 2.  of//.  6.  thinks  it  too  tedious  to  difcourfe,  Cum 
Serifturam  major  em  ilia  exigant,  as  his  words  are  »  I  thereupon  reflrain  my  pen  the  la- 
bour to  en!arge,referring  the  plenary  fatisfaftion  in  it  to  fuch  difcourfes  as  are  purpofely 
intended  for  illuftration  of  it.  One  of  the  mod  punctual  accounts  whereof,  that  1  have 
Lincoln?^!?  fccn' is  that  of  thc  trimet  of  proclaiming  Edward  the  Sixth,  and  making  Judges  and 
p.  .7s,.n7S».n:io.    Serjeants,  with  the  proceeding  of  the  Ser  jeants  Feaft  kept  in  Lincoln!  Inn  Hall  1  E.  6. 

Scire  tamen  te  cufio,  quod  adveniente  die  fie  fiat nt 9  ehBiiUi  inter  .al'ncs  folennita- 
tesfefium  celebrant  ft   convivium,  ad  infiar  Corcnatims  Regis. 

Though  our  Chancelour  waves  the  lefs  material  Solemnities,  yet  the  main  and 

mofl; 


A  Commentary  upon  FortesciiI,  551 

mod  confpicuous  he  here  defcribes,  as  firft,  the  punctuality  of  the  day  of  their  appear- 
ance being  the  return  of  the  Writ ,  which  is  called  dies  ftatutus  -,  for  as  God  did  fet  »wT"m"mm" 
apart  Ditm  liatutum,  his  Holy  day,  as  that  facred  time  of  his  efpecial  Worfhip,  which  •♦Wmri^Cjuf 
was  in  the  end  and  myftery  of  it  moral,  and  after  by  pofitive  Lawes  directed  other  ^'^^'fl 
times  for  other  fervices,   yea  as  Solomon  from  the  light  of  nature  tells  us,  there  is  a  fi*t*  fUmfimt 
time  appointed  for   all  things  under  the  Sun:  fo  all  Lawgivers  in  all  ages,  have  con-  v**m*2$tK*l\ 
fecrated  fet  times  to  particular  occafions,  and  from  them  not  receded  but  upon  grounds  /*'«.  <  ««•«*- 
equivalent  to  the  reafon  of  their  firft  appointment.  In  order  to  which  our  Lawes  have  ■*  *•  •/"•«  "rrf- 
Set  dayes  for  Set  purpofes :     DAjes  of  Lent,  rather  Leanth  ,  Vrben  men  ought  to  intent  ^f^Jb'Z". 
devotion,  And  other  Vporfy  of  Charity,  for  remedy  of  their  Joules,  as  the  words  of  the  fta-  !«">■  '•$•>  £«'»/. 
cute  5 1 .  E.  3.  c.  1 5    And  the  keeping  whereof  is  rather  in  ceafingfrom  fin,  and  ab-  f™£1  '^^ 
ftaining  from  fle/hlj  lufis,  which  fight  againft  the  foul,  then  in  bare  abftinence  from  /?54«. 
flefh,  and  fo  is  expounded  in  the  itatute  of  2.  &  $,E.  6.  c.  19.  Hoi]  dayest  forcal-  see  the  statute 
ling  men  off  corporal  labour,and  recreating  them  by  the  fervice  of  God,  and  pleafure  3-  dr'e' '' 
of  recreation  5.  &  6.  E.  6.  c.  3 .    Set  dayes  for  Rent  thofe  mentioned  3  2.  H.  8.  c.  48. 
For    keeping  Courts  9,  H.  3.  c.  35.  31.21.3.*.  15.  2.  E.  6.  c.  25.  Forthe  Affiles 
of  novel  dijfeifin,  Mortdauncefter  and  "Darrein  preferment  $.  E.i.c.  ^S.Thefe  toge- 
ther with  dayes  limited  for  paiment  of  bonds,  election  of  Officers,  determination  of 
nonage,  as  the  Law  precifely  looks  upon  the  obferva-tion  of .-  foalfo  of  appearances  to 
anfwer  fuites,  give  evidence,  and  accept  dignity,  which  day  fiatuted  by  the  return  of 
the  Writ,  the  fummoned  doe  obferve  and  appear  at,  and  then  and  there   after  Oath 
taken,  Robes  and  Coyf  put  on  ,  and  Count  rehearled  mere  confulto  &  folenni,  they 
return  to  fome  place  of  receipt  and  convenience,  Fefium  celebrant  &  Convivium  j 
That  is,  as  we  fay,  th«y  make  Holy  day,  and  give  up  their  ftudy  in  facrifice  to  the 
difports  and  entertainments  of  their  friends-,  they  feaft,  and  that  convivando,  as  a  te- 
ftimony  of  their  friendly  amity,  refpe<5ts,   and  civility  each  toother,  as  common  flips 
from  one  and  the  fame  ftock,  the  Humane  nature.    For  though  Convivium,  in  the 
latitude  of  it  be  any  familiar  meeting,  fuppofe  for  fervice  of  the  Gods,  (in  which  fenfe  ?e1'J2nof'.  w" 5' 
Athtntus  tells  us,    -nim.  nptafi*  ovvayeyil,  8fC     Every  ConvivAtion  was  of  eld  in  5.  in  v«r. 
hirtourto  the  Gods,  and  was  celebrAted  with  Songs  And  Hymnes,  fAcredto  them:     and  ™a££%£f"i. 
T uli 'y  tells  usof  G I adiatorum  Convivi a,  which  Loffius  was  placedin.J  Though  I  fay,  Mmfihuf. <oi. 
Convivia  fignifie  this  at  large-,  yet  here  in  the  Text  it  imports  meeting  onely  for  eat-  f 'f<"»  <p»"r»* 
ing,  drinking,  and  friendly  delight  each  of  other,  and  thus  'tis  applyed  to  the  Ser-  l*^KtJl".*' 
jeants  Feaft.     Which  Hofpitable  reception  of  the  Serjeants  friends,  and  the  great  Lnmmr't-  »*: 
Itates  of  the  Nation    called  Serjeants-Feaft ,   is  a  folemnity  anfwerable    to  anti-  **-**■'"*■ 
quity  mall  Nations  upon  great  occafions,  whether  particular  or  publique.  Thus  we  ,„*„,.  Qujntii. 
read  of  (a)  Lot's  feafring  the  Angels,  and  (b)  Abraham's  feafting  at   Jfaae'%  «*.».«.«*• 
weaning,  Of  Labans  at  his  Daughters  Marriage,  and  (c)  PhArAoh's  on  his  birth  day,  fy  £?*?£' 
of  (d)  Sampfon,  when  he  went  to  nis  wife,  and  Jeroboam's  feaft,  of  Solomon's  Feaft  ac     <,  19.  »• ». 
the  Dedicatiou.and  of  Ahafuerus  hit  feaft, ofthefefcafts  the  Holy  ftory  tells  us.  Pro-  ^4jJ",z4"'IO 
phane  Authors  alfo  tell  us  of  Feafts,   TltJkU,  v<  i^hQ-  is  mentioned  in  Homer ,     ij^n'.ii'. 
uh:ch  Turnebus  comments  upon,  Credo  tjuod  feriis  hominum  conventus  Celebris  epu-      %Kf*\ *• '•' 
lantium  latitia  coire  fileat.     Grave  and  Great  Vlutarch confirms  this,  Koiwi*  $  %h  MvLiM.^i. 
it)  <m*Jfi(,  k,  vatJiae,  x)  x'oyay,  £  T^-ar  -n  nyLtiner,  &c.   Feafts  are  the  cemmu-  '■  7- 
nions  of  (erious  and  merry  words  and  aft  ions,  And  therefore  not  a/I are  Admitted  thireun-  /^"^.'"""'f- 
to,  but  onely  friends,  who  p/eafingly  and  plea/antly  eate,  drink.,   And  talk,  ever  their  dit.iaa. 
gnod  Viands.     The  fame  Authour  recites  tt>  us  Feafts  that  they  had 

upon  all  great  occafions ,  as  their  AgrioniA  &   Amatoria  fefta,       «*»*  >•  "^  *jfc$'*2f£. 
their  Bacchanalia,  Carina,  Carila,Charmofyna,  Confalia,ind  almoft     j^.'yl'.'  ^j'  ^°°7«j°4f. 
twenty  others  of  like  nature-and  he  brings  in  one  rarely  marfballing 

jfeafts,that  is.not  placing  young  and  old,  rich  and  poor  by  them-        "1,'  £mit  e*'***t**  wx/kS'i 
elves,  but  fo  placing  them,  that  thofe  that  abound  may  give  to  thofe     «\  x*vl^  i.*»}\oi  in  ^ti?*'- 
that\X>ant,  and  t  he  j  that  want  may  be  Med  Veith  the  plenty  of  thofe     Sympofiacon /.*.'»./>.  618.  Edit,  patis. 

11  III  it  1  1  1  -f\l      .  Convivi*  MUant  &  nmfU  &  dfiidua 

that  have  more  then  thej  know  wcUh>w  to  want  or  how  to  have. The  La-  kt  f„,  fUm7f,m>,  hat  mf.x.m,mfim,t 

t\nes  alfo  had  their  Convivia  upon  great  occafions ,&  thofe  opiparous,  *[ami»n*t.  i»  claudio  c  ja. 
and  extravagant-,  thus  Suetonius  mentions  Claudius  his   Feafts , 

not  onely  copious  to  the  capacity  of  600  guefts  at  a  time,  but  very  of-  Ws;5"ni»A»6ll8»''" 

ten  and  very  publnjuely,  So  ( e)  Augufius,  (f  )  Heltogabalus,  (g)  Ca-  (t;  vopifeus/.  j«.  Syibutg. 

M  m  m  ra  7,  rinn$ 


5$x  A  Cbmmentary  upon  Fortescub. 

rinus ,  (h)  Pertinax,  (i)  Stverus   (k)  Marcus,  and  the  reft, 
(h)  Jul.  c»p'«oi.  i«.c.«s-  aboiindedin  feafting,  yea  that  famous  or  infamous  fcaftin  ViteUius 

hi$  time,  in  which  there  was  (as  (1)  Altx.ab  Alex,  tells  us)  aooo 

(ij  lamprid.  In  Severe.,,  »i,.  ^^  Qf  cho[cc  fi(hcg)  and  ^^  Qf  fow,c 

(k)  j.capitol.f.  151.  Frointhefe,  Feafting  came  in  ufe  among  the  Germans  and  Us , 

/n  6m*i  t*nm  «*•  $•  <■  »■  t-  7«»-      who  cc'cbratcd  al1  Solemnities  with  feafting,  yea  not  onely  the  Co- 

ronations  of  Princes,  Inftallations  of  St.  George's  Knights  Deliveran- 
ces from  erils,  and  victories  over  them,  Commemorations  of  Ma- 
giftrates  anniverfaries ,  Confccrationi  of  Bifhops,  Calls  of  Serjeants,  and  fuch  like 
Great  things  are  celebrated  with  feafting;  but-even  Marriages  of  Children,  choice  of 
Officers  in  Corporations,  and  every  thing  that  is  of  a  more  then  ordinary  nature,  is 
accompanied  with  feafting:  And  that  not  without  much  advantage  to  love,  and  riches 
moving  to  and  fro  in  the  Nation  by  reafon  of  it.    A  mongft  thefe  notable  feafts  our 
ftories  remember  us  ofthat  of  H.  3.  Anno  1236.  kept  in  fyeftmiufter-UsU,  for  enter- 
tainment of  the  Emperours  Ambafsadour,  who  came  for  ifabel  the  Kings  Sifter,  and  ac 
Hoiiingflwd   f.  Chriftmas  the  fame  year,  theTreafurer  HaverfbiU ,  by  Command  of  the  King,  cau- 
«?•  fed  on  the  Circumcifion  day  6000  poor  people  to  be  fed  at  the  fame  place  Buta- 

sww'i  s»rwj    bove  a"  feafts,  famous  is  that  Marriage- feaft  of  Richard  Earl  of  Corneal ,  King  H.  3. 
».  5i».  brother , with  the  Countcfs  of  Provence  her  daughter,  where  there  were  told  ( faith 

fondo^  THrr"  Stow )  ^rty  thoufand  difhes  of  mcate.  Add  to  thefe  the  feaft  of  Tenteccfi  held 
uaoitm.  by  E.  2.  Anno  1326.  and  that  notable  Chriftmas  one  Temfs  R.  2.  at  which 
m.  rarif.  p.  60s.  there  was  fpent  2  6.  or  27.  oxen,  3  00.  fheep  every  day,  betides  Fowle  and  other  pro- 
*!°5* ! S  urV'} '  vifion  without  number.  So  at  the  Coronation  of  the  Lady  Katharine,  Temfs  H.  5. 
Hoiingfhed  f  Thefe  and  the  like  of  later  times  have  been  great  Feafts.  Alfo  of  Lord  Maiors  Feafts, 
sTow's  Smwej  notoncly  the  yearly  ones,  of  his  as  it  were  Coronation,  but  that  famous  one  of  Sir 
MK.417.  ■  Henr j  Piccard,  in  Anno  1363.  is  honourably  remembred.  So  are  the  Serjeants  feafts 
( thedifcourfe  of  which  occafions  the  mention  of  all  the  reft )  thofe  of  4,  E.  4.  io5  & 
11,  and  20  H.  7.  23.  H.  8.  \  E.  6>  9  Eliz,.  23  Eli*,  and  thefe  latter  in 
King  fames  and  King  Charles,  the  blefled  Father,  and  King  Charles  our  now  be. 
loved  Soveraign's  reign,  are  not  beneath  any  of  the  former,  being  full  of  the  No- 
u  um  enduon,  ^'^  F*rfon»  ofthe  Nation ,  furniflied  with  the  beft  cheer,  graced  with  the  beft  order 
foP'mjii'tJtZm  that  wit,  art,  and  coft  could  fet  them  out  by.  For  as  on  feaft-dayes,  men  have  ever  been 
*"  *' u  hiU,i-  cheery,  recreative,  and  gay,  wholly  giving  up  themfelves  to  pleafure  and  paftime;  fo  ac 
vTZlZlufrm.  Meales  of  thefe  dayes  they  have  had  all  recreation  imaginable,not  onely  that  Rodomon- 
fmt.utinmvivu  jado  frit  tie  f rattle  {as  I  may  call  that  chat  which  comes  to. nothing)  making  onelj  nojfe, 
^^TJuV  wnicn  Seneca  defcribes,  but  alfo  fundry  other,  more  pleafing  and  jovial  freedoms , 
ttm,fid*in»imnic  They  tote  freely,  being  entertained  by  thofe  that  did  (m)  face  re  lanta  convivitt,  yea  and 
^mfrlbMMiti  ^fefl'**  tnenfa,  Tbej  drank,  freely,  taking  it  for  granted  that  it  was  a  rite  due  to 
L  Xff*  feafts   Hilerart  convivia  Raccho,  thej  had  Singing  and  Mufi a ue  in  their  feafts.  And 

propenius  M-    rliough  gravicy  ever  difcountenanced  obfeene  Cantings,andftichloofefportasdid  cb- 
Tui*u^7.        fienitate  convivium  obftrepcre,  as  guintiliani  phrafe  is;  yet  joviality  and  mirth  that 
was  not  purely  vicious,  all  ages  allowed,  as  that  which  refetita  convivii  Utitia  does  er- 
**<  »»•  nare  &  ap  far  art  convivium  ,as  Tacitus  exprefles  it.  I  know  the  Gymnofophifts  declined 

Si? j*' J'"' 5?  tn">  *°r  tncy» a*  Alexander  ab  Alexandre  tells  us,  appointed  at  feafts,  that  every  one 
fhould  make  forth  fomeadion  of  theirs,  advantageous  to  mankinde^  and  be  that  could 
not,  went  away  unfeafted,  and  the  Perfians  before  meales  did  difcourfc  of  modefty , 
the  Grac\.xnt  propofed  riddles,  and  he  that  beft  unfoulded  them  had  the  reward,  the 
Spartans  fang  and  played  on  the  Harp  the  praifes  of  brave  and  difpraifes  of  bafe 
men,  the  Sybarites  brought  in  horfes  fo  mufically  trained,  that  they  would  keep  time 
with  the  inftrument,  and  the  Indians  and  Samnites  were  wont  to  fence  and  try  skil 
and  valour  at  fharps.Yet  the  Romans  bringing  in  Jefters  and  Aflors  of  mirth  and  abufe, 
probably  occafioned  our  cuftom  of  having  Mufique,  Singing,  Jufting,  Tilting,  Inter- 
ludes and  Mif-rule  at  and  after  feafts.  Thus  publiquely  as  during  their  eating  our  great 
Hoiingfhed  t .    feaftj  have  ever  Mufique  and  Singing  •,  fo  after,  Dancing  and  Exercifes.  So  our  Stories 
»^5f*M*      Kll  us   34  £.3.  the  Maior  and  Aldermen  of  London,  Jufted  againft  all  comers  in 
(n;  f.'8»8.  s7J.  Xtgation-v/eek  ,  fo  36  tf.  6.  in  ff  hitj and* j  week,  at  the  Tcwer ,  fo'12  H.  3.  at 
(o;'  p.  iik      ^  Marriage  of  Cii  Eleanor  ,  f©  at  Richmond,  7*  H.  7.  the  like,   8  (n)  14,  18 
W7.jji8.  '     H.  8.  and  (o)  23  Eliwbttb  t  to  welcome  the  Frtnth  Lords,  Tilting  and  o;her 

Exercifej 


A  Commentary  upon  Fqrtescue.  553 

exercifes  were ;  and  to  this  day  upon  grand  dayes,  Mufique,  Mafques,  and  Comedies 
arc  .-  and  all  this  to  exprefs  the  fulnefs  of  the  joy  and  the  liberality  of  the  welcome, 
which  is  further  advanced  by  what  follows. 

£>uod  &  continttabitur  per  dies  feptem  3  This  (hews  that  Serjeants  Feafts  are  not 
Mifers  ones,  one  meal  and  have  done  •   but  as  noble  in  their  nature  and  plenty,  fo  in 
their  repetition  and  continuation,  for  a  whole  week,  per  diet  feptem"]  Concerning  the 
facrednefs  of  numbers  I  have  difcourfed  in  the  Notes  on  the  25,  &  26.  Chapters.     The 
number  7  of  all  other  is  moftfacred,  not  onely(  as  before  I  have  (hewed  )  from  God's  Fukenti  7A   ' 
fan&ification  of  the  feventh  portion  of  time  to  himfelf,  which  occafionedthe  fetes  to  Mjm^i*. 
put  a  great  value  on  the  feventh  Moneth  and  feventh  year  ;   but  alfo  for  that  this  num.  ,T"rn<:b-  ^iverJ~- 
ber  was  in  their  opinion  a  mod  compleat  number,  having  a  double  three  ( &  tria  funt   ' ' 19' '' '  ' 
cmui*  )  and  one  over  and  above  in  it,  and  fo  feenoing  to  be  the  peculiar  number  ©f  ex- 
cellency and  weight,  a  number  of  capacity  and  eropbafi*.     Thus  in  folemn  Oaths  they 
obliged  each  other  by  7.  *fo  Abraham  faid  to  Abimeletht  Thefe  [even  Ewe-lam  fo 
/halt-  thou  take  at  my  hand,    that  thejmajbe  a  witnefs  unto  me  that  I  digged  the  Well, 
therefore  he  caUedthat  place  Beerftieba,  becaufe  there  they  ffrare  both  of  them  I     thus 
in  reverences,  Seven  times  Jacob  bom d  to  Efau:     thus  in  Mourning,  s»  fofeph  made  ^'",!I; 
a  mourning  for  his  father  feven  dajes  :     thus  in  eating  of  unleavened  bread  ftven  dajes,    ExU.  13 .  e. 
the  lafi  of  whichfbaU.be  a  feaft  to  the  Lord :  fo  in  fandry  other  things  which  are  quoted  z*"i-*!>-*0- L": 
in  the  Margent.     From  this  opinion  of  the  number  7,  the  Jews  kept  their  great  Feafts  c.'t"j.'i.i3  3  j»' 
for  7  dayes ;  fo  did  Solomon  the  Feaft  of  Dedication  mentioned  1  King.  8. 65.  which  ••*V.8'..'«.»*»*. 
'cis  faid  he  kept  7  dajes  and  7  dajes,  that  is  but7dayesin  time,  though  14  in  the  So-  ^"I'hY'^' 
lemnity.bccaufe  as  much  bounty  and  great  entertainment  was  (hewn  in  that  fhort  time,  oiut.it.'i.  &c 
as  would  have  taken  up  twice  the  time  had  it  not  been  extraordinarily  improved  ;  this 
1  colled  from  v.  66.  where  'tis  faid,  The  eighth  day  he  fent  the  people  away  :    which  he 
could  not  have  done  had  he  kept  the  feaft  longer  then  feven  dayes.     And  the  Nations  »j*«.  ««*«. 
hence  obferved  7  dayes  to  betoken  the  Grandeur  of  Feafts ■,   fo  Ahafhuerofh  his  Feaft  t"i'T"fAi  "**"- 
was  for  7  dayes,  Ejiher  and  the  Eunuchs  that  flood  before  him  being  ?  vb,uuv  '<%nyn.  v'ta^Tm^z. 
«th{,  as  Jofephxs  phrafes  them,  were  in  number  feven,  with  whofecounfel  the  King  "•"• 
feaftedhimfdf:    which  with  other  fuch  things  confidered,  the  Serjeants  feaft  continu-  £t'-7-1*' 
ing  for  a  week,  which  is  7  dayes,  is  in  the  nature  of  it  very  fumptuous  and  coftly.    So 
it  followeth. 

Necjuilibet  Eletlomm  iUorum  fnmptus  fibi  contingtntes  circa  Solennitatem  Creati- 
onis  fua,  minortbtu  expenfts  ptrficiet,  <]uam  mille  &  fexeentorum  Scutorum,  an» 
txpenfe  ejuai  olio  fie  eleCli  tunc  ref undent,  excedent  fummam  duodecim  millium  & 
oiemgentorum  Scutcrum. 

Herein  the  account  of  the  whole,  and  every  particular's  expenceat  his  call  to  be  Ser- 
jeant, is  fct  down,  1600  Scuta,  which  here  if  he  means  half-  rofe  Nobles  at  j.  s.  4  d, 
a  piece,  comes  to  166. 1,  t  a.  /.   4.  d.  to  each  of  them,  which  being  multiplycd  by  8. 
the  number  in  the  Text  mentioned  to  be  called,  itmakesup  the3Joo.  Marks  here  in 
the  Text-    which  furamc  being  in  pounds  21 3  j.  6.  8.  at  20  s.  to  the  pound,  makes 
a  great  fumme  of  money,  efpecially  in  our  Chancellour's  time,  when  though  things 
were  rifen  higher  then  in  H.  z.  time  they  were,  (  when  a'Mcafu  re  of  wheat  for  bread 
for  1 00  men  was  by  the  King's  Officers  valued  but  at  one  (hilling,  the  carcafe  of  a  fat  speim'anw  cup. 
Ox,  l.s.  of  a  Sheep,  4.  d.  and  for  Provender  for  20  horfes  but  4.  d  )  I  fay,  though  in 
H«<5.  time  things  were  raifed  above  this  proportion  •,    yet  were  things  then  fo  cheap 
that  this  fumme  amounts  to  near  as  much  as  7000.  /.  now,  and  declares  the  ftate  and 
degree  neither  cheaply  come  by,  nor  cheaply  to  be  maintained,  and  therefore  to  be- 
come onely  thofe  who  have  Law  in  abundance  to  anfwer  the  learning  and  duty, 
and  eftate  enough  to  fupport  the  dignity  and  equipage  of  it.     And  therefore  if  it  fo  Ctik  on,tat,  ^ 
happened  that  fome  were  returned  to  be  Mature  men,  fit  for  their  skill  and  integrity  tti&Ml. 
to  be  Scr  jeanted,  if  fortone  they  had  not,  they  could  upon  refufal  but  be  fined,  and  1  Inftit- 1- 5?7< 
that  but  once,  which  they  were  better  to  fubmit  to,  then  take  a  degree  to  impoverifh 
their  family.     For  as  Honour  is  a  beauty  when  it  has  fortune  futable  thereunto  •  fo  in 
the  abfcnccofic,  is  it  a  great  burthen,  which  did  men  well  confider,  they  would  not 

when 


r 


574.  A  Commentary  upon  Fortis  cue. 

when  they  have  Honour,  fquander  away  their  Eftatcs  the  fupport  of  it :  or  when 
they  have  it  not,  defire  Honours  to  difhonour  thofe  Honours  and  themfelves  by  want 
of  perquifites  thereto. 

Expence  then  they  muft  be  at,  and  a  great  one  too,  rather  more  then  now-adayes } 
for  then  Serjeants  (as  all  other  Honours)  were  fewer  then  now.and  thofe  onely  had  calls 
to  them  who  were  men  of  great  eftates,  able  to  live  like  thcmfelves  in  all  points  of 
greatnefs  futable  to  their  Degree,  which  was  expenfive  not  onely  as  to  the  quantity 
predefcribed,  (which  I  take  to  be  the  charge  of  their  Robes,  Attendants,  Dyet,  and 
Equipige :  )  buc  alio  further  inDonaries  of  Rings  which  they  are  to  give :  fo  the 
Text  proceeds. 

guilibet  torum  dabit  Amnios  de  auro  ad  valentiam  in  tito  quadraginta  Ubrarum  ad 
minus  moneta  Anglican*. 

This  (as  I  faid  before  )  istofhewthat  publick  inaugurations  into  Honour,  as  it  is 

accompanyed  with  feafting  friends  j  fo  thofe  feaftings  are  attended  with  Donarics,  pro  ■ 

bably  peices  of  gold  to  fome,  and  certainly  Rings  to  others.    For  as  Sovereign  I'rin- 

Efktr ».  t8.        ces  gave  gifts  at  their  Coronations,  as  'tis  faid  of  Ahafuertts,    That  at  his  Feaft  he  gave 

gifts  according  to  the  State  of  a  King -,    fo  he  gave  to  his  Queen  'Arft&wftieu,  a  City 

H«od  'l'"i  **     RtZ*s  P'rf*r"m  "xoribus  in  Calceamentum  data;  as  Gretius  notes,  that  is,  to  buy  her 

fhoes  and  (hoe-  firings,  like  our  faying,  To  huj  finns  with.    A  nd  as  Princes  to  this  day 

do  give  Medals  and  other  money,  and  equivalent  rewards  at  their  Coronations -,   fo 

do  they  indulge  Subjects  honoured  by  them  to  bellow  fome  fuch  rayes  of  bounty  as 

teftifie  their  admiifion  into  Greatnefs,  and  their  mindes  prepared  for  and  fitted  to  it. 

Thefe  gifts  our  Text  names  proper  for  the  Serjeants  feaft  to  be 

Huurchm  in  $Hift»»n>*i  ~X{m*m'.  p.     Rings.  Atmnltu  from  Annus  the  computation  of  time  confining  an* 

26EutroP.  a.  1.  %«**  p.  ,».  -    Gently  ?^en  Moneths   whereof  ^A  was  the  firft  j   whence  per- 

imrimm.  .  haps  it  follows  that  the  Reigns  oi  Princes,  whofe  Governments  de- 

Mefliu  corvinus,  a.  u  ^t»i»nt  tn  ■    pcn(j  much  on  Martialnefs,  are  computed  from  March  the  Moneth 

x"l"p-557'  oi  Mars  :  or  twelve  Moneths,  as  after  the  Romans  concluded  it, 

z>e<i;,^,m»i*minfipmmp«,fisti,iuam    making  January  the  entrance  into  them.     I  fay  this  Annulus  the  di- 

«  facMtt.  chj»>  mm,  txmpium  ub,,.     mjnutive  oi  Annus  being  round  as  time  in  its  motion  is.  istbeEm- 

6«m'£fa.  Efthn.  3. 10.  hlera  of  amity,  acceptation  and  honour.    In  thisfenfe  the  giving  of 

Rings  is  not,  but  it  is  underftood  as  a  remembrance  and  token  of 
f«)Suetonmj.c*fare.  «.  7.  friendship  and  love,  (a)  Jure  Aunulerum,  a  letting  them  into  relati. 

Budius.»p.-->a.p.jio3-54.  tat.    on^  an(j  intQ  a  kinde  of  participation  of  honour  with  them.    InAu- 
";Fi.vepifc  »  Aurtliaa.  *i  finm    thours  I  read  of  many  Rings,  the  (b)  Annulus  ftgiSaricius  which 
*"-•  in      81  Anrelian  made  for  himfelf  and  his  daughter  v  the  Annulus  fatidkut 

((4)  Tamll.Zalvf'iit'.Ji'.  *  ».'»  «78.     and  the  Annulus  fenfilis  fatidicus  in  (c)  Marti  Sinus  -t  their  (d)  Aw 

unit  afiivi  &  hjbemi,  which  were  heavier  or  lighter  as  the  feafon 

iAb.  33.  e.  1 ;  '&  a.  z:  :  •-.  of  the  year  was  hot  or  cold ;  and  their  Annuls  Samothracii,  which 

•  2  <%£t  rj&tt  £     were  of  Iron  inlayed  or  welted  with  gold ,  the  Annulus  jignatoriu,, 

in  fuvitu  Turnebm.  si t*fim  fin*    which  (e)  TuMy  relates  to  when  he  gives  the  charge  it  fhould  not 

^'"r£/-"« rftUr'^Ti  »  }Z"irl'    ^e  ma<k  common,  but  be  trufted  in  no  hauds  but  either  our  own  or 

»"'  "iverr.  w*i*!'c .1. »"  005"! ,  thofe  we  know  to  be  faithful,  and  as  fuch,  lore  them  as  our  felves. 

Aiciat  *i  l>i»»  y,.f.  '»o.  Thefe  were  of  old  eHgraven  with  the  device  of  figures  in  appropria- 

r"ntb. SJt'dl"f.Z' e.  c.  u.  tion  to  families,  like  Armes  at  this  day  •    and  they  were  of  Iron  to 

Mtjorei '  mfiti  imferMtrt,  fnptr*,,  ho-    Servants,  of  Silver  to  Libertines,  andofGoIdtoFreemen  Hence 

fit*,  yam  W"-J*+  £*•  gT    was  it  that  thechcif  Servants  of  Conquerours  had  from  them  gifts  of 

^-n«/n  -xrw;  in  Ctncunt  i,narnnt.  Cic.  ,  jr^i/rj  r  Lo  utu 

golden  Rings  •,  and  Embafladours  from  the  Remans,  though  they 
wore  Iron-Rings  at  home,  yet  abroad  wore  Gold- ones.  By  which 
appears,  that  as  Rings  were  tokens  of  Relation,  and  Rings  of  Gold  of  Nobilitation  4 
fo  thefe  Rings  of  Serjeants  import  love,  bounty,  and  freedom  to  all  thofc  they  are 
fcritto:  ray,  they  imply  an  expectation  from  them  to  witnefs  his  Marriage  to  the 
Law,  and  his  difpoial  ef  Rings  as  his  wedding-favour.  For  as  women  are  wedded  to 
their  Husbands  by  Rings,  and  Doctors  to  their  profeffion  by  Rings ;  fo  is  the  Serjeant 
evidenced  to  be  wedded  to  the  Law  by  his  donation  of  Rings,  astheEnfignofhis 
Creation  in  the  ftate  and  dignity  of  a  Serjeant.    And  thefe  our  Text  fayescoft  the 

Serjeant 


5.  vtrr. 


A  Commentary  upon  Fortescue,  $tf 

Serjeant  at  lcaft  fourty  poundt  fterling,  which  is  as  much  as  near  200.  pounds  now, 
And  no  left  doe  I  think  the  Serjeants  at  this  day  doc  fpend  annulis  Auras ,  in  their 
©ld-fafhioned  joynt  rings. 

Et  bene  recolit  Cancellarius  ipfe,  tuoddum  Me  (latum  &  gradumhujusmodi  re- 
cipcrat ,  ipfe  folvit  pro  annuiis  euos  tunc  diftribuit  quiuejtiagintt  libras  j 
qu<t  funt  trecentAfcuta. 

This  the  Chancellour  introduces  to  (hew  that  as  he  was  not  made  a  Judge  without 
the  feaft  and  charge  of  giving  Rings,  when  he  was  made  a  Serjeant  •,  fo  he  did  not  fpar- 
ingly,  but  to  the  full  proportion  of  his  degree  beftow  thofe  his  Serjeants  Rings:  For 
though,  when  he  was  Serjeanted,  I  yet  cannot  finde,    yet  I  guefle  it  about  the 
12  H.  6.  which  was   8.  yeares  before  the  jo  year  of  that  King,  when!  finde  him  by 
Writ  of  the  five  and  twentieth  of  ^-ow^r;,  conftituted  Chief  Juftice,  and  fo  fummo-  ^"'^"'J; 
ned  »5,  27, 28, 29,  3 1 ,  32, 3 ;,  38  yeares  of  that  King,  yet  that  he  was  Serjeanted  is  lo.mmni; 
plain  from  this   bene  recclit  Cancellarius  ipfe^  and  from  this  charge  he  was  at  in  it,  *s*L,ond.  f*rt.u 
which  though  it  were  great,  coyn  not  being  above  f  value  of  that  now  it  is,  yet  may  Js|  ]i\  9. 
eafily  arife  to  the  mentioned  fumm,  when  prefentment  of  rings  are  as  followeth.        ciauf,  mu  if. 

*  r  D  15  M.  14.  27 

M.    24.  28    M. 

Solet  nam^ut  HHHsquisqtit  fervitntium  hujusmodi  tempore  Creationis  Jua  ,  dare  -.6.  i»  m,  51. 
cuilibet  Principi,  Duci,  &  Archiepifcopo  in  folennitate  Ma  prafenti,  AC  Can-  ^  M-  %\-  *£• 
ceHario  &  Thefavrario  Angliar,  Annulum  a4  VAlorem  olio  fcutorum.  ^0.'3I  u.  2». 

This  Claufe  fhewes  the  orderly  diftribution  of  the  rings,  made  by  the  Serjeants , 
according  to  the  nature  and  quality  of  the  perfonages  they  have  to  invite,  and  enter- 
tainjor  the  ancients,  and  we  when  we  doe  wifely  and  well  after  them,  do  not  account 
our  entertainment  good,  unlefsitbe  every  way  compleat,  tetnpeftivum  convivinm  ■, 
and  Varrozt  (a)  A.  GeSius  quotes  him,  makes  four  things  to  goe  to  the  perfection     t.  &'£&'£' 
of  A  right  cntertAinment ,  good  company.  Apt  place,  a  fit  time ',  And  order  And  plenty  of  »«»<*'<■  nlitai. 
tveryt'hhg,  all  thefe  are  notably  met  at  our  Serjeants  Feaft  ;  for  here  are  letlihomi-  \\%^'J°Z'i 
nes,non  homunculi,  but  hominum  magnates,  primAria  capita,  Cuilibet  Trincipi  faith  the  a»«.  4.  *f(*r*- 
Text.  ]  That's  oi  the  Kings  family,  either  Sons  in  defcentor  Cofens,and  of  the  Bloud  Tur"eV  Adf"r. 
Royal,  who  are  all  in  the  Text  intended ;  For  Principes  intends  fomewhat  more  then  /,£  «.Vi6. " 
Duces,  or  Arcbicpi/ctpi ,  which  none  are  in  England,  but  thofe  of  the  Bloud,  unlefs  **«.|-«->f 
we'll  underftand  D*x  &  Arc  hiepijeopus  to  be  thc/pecies  of  Princefhip  in  our  Chan-  V'H'  ''''" 
cellours  fenfe,  which  may  and  may  not  be^  yet   I  confeft  the  Arch  Bifhop  of  Can- 
terbury his  Grace,  as  he  has  the  title  and  place  of  a  Prince,  fo,asfirft  after  the  King's 
Children  and  his  Vicegerent  has  the  Chief  place,  and  fo  in  the  Statute  2  r .  H.  8.  c.  (3. 
'Tit  every  Arch- Biflap  and  D*kf ,   which  precedency  the  Religion  of  ihe  Nation  has 
ever  given,  in  ordine  adfacra.    To  minde  them  no  doubt  that  as  the  Nation  honours 
them  for  God's  fake,  fo  they  fhould  love  ,  watch  over,  and  inftruft  the  Nation  by 
holy  life  and  found  do&rine  for  God's  fake  and  the  peoples  falvation  j  which  while 
they  doe ,   they  will  be  wcrthy  dtubte  honour  for  their  CA/lings  fake. 

CanceUArio  &  Thefaurario  Angliar  ~\  Thefe  are  the  high  Officers  of  England,  thofe 
that  havecuftody  of  the  feale  by  which  Charters,  Patents,  and  Offices  pafs,  and  of  the 
rents,  incomes  and  profits  of  the  Crown,-  by  which  the  experces  of  the  Kingly  of- 
fice is  defrayed,  Thefe  the  Statute  Of  3I.H.[8.  c.  ie/fayes,  being  of  the  degree  of 
Barons,fhall  fie  and  be  placed  on  the  hether  part  of  the  forme  on  the  fame  fide,  above 
all  Dukes,  except  onelj  fuck  as  jlj all  happen  to  be  the  Kings  Sen,  the  Kings  Brother,  the 
Kings  Vncle,  the  Kings  NepheVe,  or  the  Kings  Brothers  or  Sifters  Son/.  As  they  are 
of  the  great  Officers  of  England,  and  have  preheminence  and  place  accordingly,  fo 
are  by  our  Text ,  if  at  the  feaft  they  be  prefent,  but  if  not  'tis  fent  them,  (and  hap- 
py the  Serjeant  whom  they  are  pleafed  to  accept  it  from  )  a  Ring  of  26.  (hillings 
8.  pence  according  to  the  value  of  our  Chancellour's  age. 

Et  cuilibet  Comlti  &  Epifcopo  T   Paries,  Barons  and  Bifhops  are  ranked   here 
together,  and  their  Rings  are  according  to  the  abatement  of  their  degree,  a  noble 

abated 


tf6  A  Commentary  upon  Fortiscui, 

abated  in  their  value  ,  which  is  done  for  orders  fake,  that  the  Prefents  may  fute  with 
the  perfons,  and  to  /educe  the  charge  into  reafonable  bounds  ■,  for  of  the  former  rank 
there  are  but  few  in  number,  poffibly  ten  may  be  the  molt  in  any  time,  not  fo  many 
in  moft  reigns,  bat  of  Earles,  Bifhops  and  Barons  many  are,  and  therefore  tho/e  pre. 
fent ,  or  whom  of  them  the  Serjeants  pleafe,  haTe  their  Rings  fent  them,  to  the  value 
of  twenty  (hillings, 

Cnfkodi  privati  SigiSi ,  C*pit*libtu  Juftitiariis ,  Btnni  it  fcaccarit,  ad  va- 
lorem [ex  fcutorum. 

Thefe,  though  no  Barons,  yet  are  of  Chief  note  and  high  honour  in  the  nation,  and 
brought  in  under  equality  of  Prefent  with  the  former  ,  and  that  lor  the  height  of  the 
honour  and  truft  they  have  in  the  transaction  of  judicial  things.  Hence  the  premen- 
tioned  Statute  3 1  H.  8 .  c .  1  o,  ranks  the  Lord  Privy  Seal  ( whom  I  take  to  be  the  Cu- 
fits  privati  SigiUi^cte^mong^.  the  great  Officers  next  after  the  high  Chanccllour,  and 
*j  H. t.t.  16.  ™gh  Treafurour  j  And  the  Chief  Juftices/and  Chief  Baron ,  being  the  Preto- fudges  of 
the  High  Courts  at  tyeftminfter,  defcrve  accounts  with  the  belt  ot  fubjcfts,no  Barons, 
and  fo  are  in  all  publique  Inftruments  of  (late  declared;  and  therefore  when  as  in  the 
Statute  of  the  21  H.2.c.  13.  omiflion  was  made  offome  of  them,  astoaChaplin  % 
fupplement  was  made  by  the  25.  f.  16.  and  they  allowed  a  Chaplin  to  attend  them 
in  their  houfe. 

Omni  Domino  Baroni  Parliament},  &  tmni  Abbati  &  notabili  Pralato  ac  magna 
Militi  tunc  frafenti ,  cuflodi  etiam  Rotnlornm  Ctncellaria  Regit  &  cuilibet 
fuftitiarie ,  annulum  ad  valentiam  unius  marca. 

Becaufe  differences  there  mufl  be  in  Rings,  as  there  are  in  the  quality  of  the  perfons 
to  whom  they  are  prefcnted,and  that  Rings  of  that  breadth  as  Serjeants  Rings  are  .can- 
not be  in  weight  lefs  then  a  mark-,  therefore  are  all  thefe  particular  perfons  here  no- 
minated ,  Omni  Domino  Btreni  ParH4mtntil  that  is,  to  every  Member  of  the  Up- 
per-Houfe,  under  the  degree  of  an  Earl ,  and  that  fits  there  en  fin  proper  droit ,  and 
is  thither  fummoned,  there  to  fit  as  one  of  the  Peerage,  Omni  Abbati]  which  in- 

16  \2.  #.  6.  "nds  not  oncly  Abbots  Sovereigns,  (  as  they  were  called  who  were  fubjett  to  no  Bi  - 
(hops  but  were  within  their  Monaftery  abfolute,  and  were  Lords  of  Parliament, and 
thither  came  as  Bifhops  did  and  doe)  Of  this  rank  in  the  Parliament  49  H.  ?.    there 

Syelm.  Gi./s.  ^.4  were  102.  in  E.  » .  time  Oncly  56.  in  E.  3  •  time,  decrefcente  Cleri  potentia  &  aflimati- 

one,  onely  3J.  fo  they  continued  under  40  from  E.  3.  time  to  the  diflblutionof  Mo- 

nafteries  ■,  For  though  there  were  in  6  E.  3.  23  more  then  the  old  33.  yet  the  Roll 

of  23.  fayes,  I/lis  Abbatibus  &  prioribas  fnbfcriptit  non  folebat  fcribi  in aliis  Par- 

,     liamentis. 

13E.Lc.41.  Et  notabili  Pralato~]  Thisterme  might  take  in  fome  remarkable  perfon  that  is  com- 
prehendable  under  none  of  the  former  notions,  other  Prelates  ftat.  14  R.  2.  c.  4. 
perhaps  fome  Domes  that  had  government ,  fuch  as  were  thofe  five ,  called  by 
Writ  to  Parliament  in  49  H.  3.  Thefe  or  fuch  like  Governours  offome  Royal  Hofpi- 
tals,  being  in  a  remote  fenfe  Pralati  notabilest  may  be  within  the  intent  of  our  Chan- 
ccllour, as  magno  Militi']  maybe  either  a  Knight  of  great  office  in  Court ,  fuch 
as  the  honourable  offices  of  the  Court  were  fitted  with  temps  H.  6.  (For  then  Lords 
and  Knights  were  rare  and  an3>unordinary  )  or  elfe  fuch!  as  were  magnitpibus  & 
proficnis,  men  of  great  fortunes,  families ,  and  revenues ;  Cfflodi  etiam  Rot/thrum 
Cancellarix  Regis']  See  the  notes  on  c.  24.  fol.331.  whereby  it  appeares  how  great 
an  Officer  this  is,  when  as  in  the  abfence  of  the  Lord  High  Chanccllour,  he  is  the  firft 
President  (as  I  may  fo  fay)  in  the  higlf  Court  of  Chancery ,  and  in  the  Rolls  in  after- 
noons, orders  caufes  that  in  Court  are  not  difpatched  by  reafon  of  multitude  of  bufi- 
neffes,  and  interposition  of  circumftances  of  delay. 

Similiter  &  omni  Bdroni  de  feaccario']   Thefe  are  the  Kings  Juilices  or  Judges, 
though  otherwife  named  then  thofe  of  either  Bench  are.;  for  that  the  Normans i 

who 


A  Commentary  upon  Fortescui, 


#7 


who  introduced  that  Court  into  England,  do  call  their  Judges  and 
Magiftrates,  Barons,  isvre\nEngl**d  called  them  Judges  and  Ju- 
ftices ;  which  Sir  Htnrj  Spelman  inftrudts  me  in,  not  without  great 
probability  of  truth  .-  for  the  word  Baron  Signifies  freedom  and 
power  to  judge  and  determine  matters  within  themfelves,  as  it  is 
underftood  in  the  Title  of  Court-Barons,  Barons  of  London  and 
the  Cinque- Ports.  Thefe  Barons  then  of  the  Exchequer  are  the 
fame  in  power  and  honour  with  other  *  Judges.and  hold  their  places 
tjuamdiu  ft  bene  gejferint,  which  Chief-  Baron  Walter,  that  prudent 
and  learned  Judge  held  his  place  by  to  his  death,  though  he  were 
under  difpleafure,  which  if  he  had  been  patented  durante  bent  pla- 
citt,  he  could  not  have  done.  The  Chief-Baron  of  this  Court  was 
in  Edward  the  Third's  time  a  great  Peer,  which  is  the  reafon  that 
by  the  ^4  E.  3.  c.  7.  he  is  named  next  after  the  Chancellour  and 
Trcafurer,  before  the  Cheif- Juftices  of  either  Bench :  but  when  he 
became  a  Lawyer,  as  in  our  Cbaneellotir's  time  he  was,  then  he 
coraei,  as  in  the  Statute  of  33H.6.  c.  I,  next  after  the  Cheif- Ju- 
ftices of  either  Bench. 


Solum  Judi.es  Scaccarii  vocamus  f*< 
Ttnes  tx  prifco  Gallotum  uJ'h,  qui  Jutti- 
cei  &  Magi  fir  alus  quoitil-et  farenrt  ap- 
pellabam ;  &  htc  quidem  m  caufa  elf, 
quod  cateri  apud  not  Judices  non  funs  dtfli 
Baronet  quia  ftla  bac  Curia  t  Gallia 
Jliltcet  Normannia  fuum  ad  vojlra  duxil 
fpeamin,  Spelman.  Gloft.p.  8$, 

3  inftir.  p.  1+7. 

*  luflitiario   fuos  in  Scaccdrit, 

Fleta/«\  i.e.  25. 

Crook  3  part .  Report.  6  Carol.  Term. 
Mich,  p.  203. 

faronesj  to  quodjuit  Itcis  farones  fedtrt 
[oletant,  Fleta  lit.  a.  c.  26. 

Capiialis  faro  Scaccarii  locum  illic  oi- 
tinet  Capitalis  Jujtittarii  Angliz,  oujui  t. 
tim  in  hat  Curia  fedes  erat  Trimaria,  ma- 
■  ximus  htc  utique  fart,  &  ex  pottnttortbut 
%egni  magnatitni.  Spelman  in  Cloft.  ad 
vocem  fart. 


Regis  Camtrariis  ~\  This  I  take  not  to  be  fo  much  the  Great  Officers  of  the  King's 
Houfhold,  the  High-Chamberlain  or  Vice- Chamberlain  mentioned  in  the  Statute  1 3 
E.  1.  c.  41.  16  R.  z.c.  6.  as  the  Chamberlains  of  the  Exchequer  mentioned  in  the 
Statute  7  E.6.c.  1.  51  H.  3.  called  now  Receivers,  anciently  Chamberlains  j  Fleta 
intends  thefe  in  thofe  words,  H«betisper  hoc  Statutnmde  ftrvitntibus  BaUivis  Camt- 
rariis, &  aliis  quibuscunque  Receptor  thus  ■,  thefe  giving  dayly  attendance  on  the  King's 
Revenue-affairs,  are  taken  notice  of  by  the  Serjeants,  and  prefented  Rings  to,  as  all 
other  notable  Officers  and  men  are  in  the  King's  Courts,  as  Regifters,  Clerks  of  the 
Crown,  Protonotaryes,  Philizers,  and  eminent  Atjurneys,  wno  if  they  do  not  all 
come  under  the  notion  of  Officiarii  in  Curtis  Regis  miniftrant ,  yet  are  introduced  un- 
der thofe  words  Notabiles  viri,  and  have  Rings  according  to  their  quality  prefen- 
ted them. 

Et  ultra  hos  ipfi  ddnt  Annnhs  aliis  amicis  fuis  3   Still  this  augments  the  charge,  for 
becaufe  the  Serjeant  cannot  invite  all  to  their  Feaft,  and  there  prefentthem  with 
Rings,-  therefore  he  fupplyes  theomiffionofonepart  of  his  friendlynefs  by  addition 
of  the  other  part,  prcfcntation  of  Rings,  which  they  make  to  thofe  of  their  acquaint- 
ance, Clyents  and  others  as  they  call  and  treat  as  friends ;  thefe,  if  any,  are  the  true 
meriters  of  Rings  and  hearts  too,  if  truely  friends  they  be.  Which  our  Text  intends  not 
of  that  feme  and  folidfriendfhip,  which  the  Moralift  calls  A  mefi 
tnatchlefs  good  which  Vforlej  prepared  hearts  in  each  other  t»  gratifie 
with  all  their  might  and  main  thofe  thej  love,  and  to  bt  wanting  in  no 
kindtnefs  tend  reprefentation  their  power  reaches  tot  who/e  truth  is  fo  in- 
tenfe  and  eonfeience  fo  upright,  that  a  friend  has  cauft  t*  mifiruft  him- 
felf  rather  then  them,  I  fay,  our  Text  by  Amicis  docs  not  intend 
thefe,for  thefe  are  none  Snch'fs }  fhould  Rings  be  rcftrained  to  thefe, 
our  Serjeants  would  prefent  but  few :    for  J  prefume  they,  as  other 
men,  may  fay  over  Seneca's  words  of  Gracchus  and  Livius  Dru- 
fius,  Thej  have  man]  great  and  rich  friends  but  few  true  ones  :   But 
Amicis  fuis  ~\  imports  acquaintance  by  ordinary  civility  and  treat- 
ment of  courtefie,  friends  of  breeding  a  ndiludy  with  thern,  of  kindenefs  and  refpe<ft 
towards  them.     Thefe  friends  ( as  common  notions  ©f  friendflrip  pafs  and  are  under- 
ftood)  are  they  for  whom,  beGdes  what  is  ex  debito  as  it  were,  ( as  to  the  prementioned 
are  to  be  given)  fupernumerary  Ring!  are  provided,  and  that  according  to  their  dignity 
and  degree.   Which  brings  to  my  minde  the  Analogy  of  the  ufe  in  London,  where  the 
Liveries  of  the  Societies  feafted  by  the  Lord  Mayor  &  $heriffs(whom  they  prefent  more 
Civitatis  with  gold,  fome  more,  fome  lefs,  but  the  leaft  to  the  proportion  of  two  pieces 
a  Head.)  have  in  the  end  of  their  year  returned  them  a  Donary  of  a  gilt  fpoon,  either  an 
ordinary  one  or  a.  3,  /.  one,  Or  more,  according  to  the  magnitude  of  the  prefent  in  re- 

N  n  n  0  turn 


2  Inftit.  p.m. 

1  Inftit.yiff.t53* 

2  Inftit.  p.  3 So. 
Lib.  2. «.  70. 
Edit.  Seld. 
Qfioium  C*mera- 
rittum  in  recepta 
coifittt   in  tribus, 
claves  arcanum 
bajulant,   pecuni- 
ar* numeratam 
ponderant,   &•  per 
centcnai  litras  in 

forulai  mittunt, 
Ock.im  cap.  quid 
fit  Scactarium. 


Nihil  tamen 


icjlle 


tllttiaverit    animum 


qnam  amieisia  fidelii  &  dulcn  ;  quantum 
ttnum  tfi.  uti  fypt  prtparaia  pedtra  in 
an*  tulo  fecrttum  omne  defecnttat,  quorum 
tonfaentiam  minus  quam  mam  timcas,  quo- 
rum ftrmt  jolicitudmem  leniat,  fententia 
ctnfitium  expediat,  hUariiat  tnfitiam  dif- 
fipet.  confptclus  tpfe  detiilet.  Lib.  di  Tran- 
quil, p.  681. 

lAmictt   primtt  balntrunt  &   fecundts 
nunquam  -verti.     Lib.  o.  Dcftnefic.  p. 

\ 


558  A  Commentary  upon  Fortiscue. 

turn  whereof  it  ii.    From  whence,  as  well  as  from  the  Serjeants  Feafts  and  Prefenti,  I 
colleft,  chat  feafts  were  anciently  accompanyed  with  gifts,  and  thofe  gifts  of  gold  or 
gilt,  as  raoft  pure,  rich,  and  orient,  betokening  the  wealth,  integrity,  and  good  will 
of  the  Prefenter.     And  in  the  Ser  jeant's  cafe  furely  the  Ring  beitowed  by  him  on  his 
friends  being  of  gold  for  the  matter,  and  of  orbicular  forme,  which  is  the  figure  of  per- 
fection; imports  conitancy  and  uninterruptednefs  in  the  ftudy  of  the  Law  -,    to  enable 
lord  cnimrfi     themfelve«,  whei  eunto,  They  Jbtuld  not  oncly  content  themfelves  to  have  read  the  Tear- 
sP«ch7t  c«ea-   look!,  b*t  t»  read  them  again,  that  thtj  may  learn  them  tetter:  *nd/uthej  Attend  the 
tion  of  s«jeanu    j^tng,  Courts  for  their  fraSice,  fo  to  Attend them for  their  leArning,  remembring  ftillthAt 
**}£*'  *   hA'U"   the  degrtt  the)  have  is  the  higheft  in  their  Prsfeffion,  And  their  leAming  ought  to  (refutable 
And  proportionable  tt  their  Degree,  vhi  his  fuferlative.  They  are  the  words  of  a  Dicta- 
tor in  their  ftudy  and  learning,  whofe  advice  is  appofite  and  ferious. 

Similiter  &  liber  At  Am  magnam  panni  unins  fella,  <]Ham  ipf  tunc  diftributnt  in  magna 
AbnndantiA,  nedum  fAmiliaribns  fttis ,  fed  Or  amicis  alt  is  &  notis,  qui  eis  Atten- 
ded &  miniftrAbnnt  tempore  folennitAtis  praditta,  &c. 

As  they  pleafe  the  eyes  of  fome  with  the  fhew  of  their  proceeding,  and  the  ears  of  o- 
tbers  with  the  gravity  and  learning  of  their  Counti  and  Speeches,   the  Fingers  of 
fome  with  Rings,  and  the  bellyes  of  others  with  goodchear -,  fo  do  they  doath  the 
»  iwuit  ^acks  of  fun^rY  w,th  8001*  andgrave  Liveries.    Which  Liber  ata,  though  they  are 
B.*.f.5.'7H.8.  not  difplayes  of  Enfranchifement  and  Independance,  as  *  Livery  is,   which  isfre- 
«.io.  jiH.8.  *.i.  qUcnt  in  the  Law  \  yet  are  badges  of  fuch  graceful  fervice,   as  men  of  great  and 
good  rank  that  are  Matters  of  themfe|ves  and  of.  others  too,  notwithstanding  fubmic 
to.     And  therefore  though  in  the  Statutes  1  R.  2.  e.  7.  16  R.  2.  e.  4.  20  R.  2.  c.  1. 
1  H.4.C  7.SH.6.C  4.  8  £.4  c.i.it.H.  7.C  3.  19H.7.C.  14.  iE.6.c.  1.  Li- 
veries are  Badges  of  fervice,  when  we  call  a  fervant's  coat  his  Liver j.    Yet  in  regard 
that  in  the  Statute  of  2  H.  4.C.2*.  mention  is  made  of  the  King's  honourable  Livery 
to  theLords  Temporal,  and  to  Knightsand  Efquires,  and  in  the  1 3  of  the  fame  King, 
c.  1 .  mention  is  made  of  Liveryes  to  men  of  Law.     And  in  as  much  as  at  St.  Georg'% 
Feaft,  the  Lord  Mayor's  Show,  and  Sheriffs  appearances  at  Affifes  to  attend  the  King's 
Judges  and  deliver  the  Goal,  men  of  very  good  quality  do  put  themfelves  for  the  Ho- 
nour of  the  perfons  they  pretend  to,in  their  Liveries ;  yea  even  Princes  themfelv*  when 
at  Marriages  and  in  Camps  they  wear  the  Bridegrooms  favours  or  Generals  colours, 
are  in  a  fort  in  their  Livery,  as  part  of  their  train.    And  as  it  is  part  of  the  honour  of 
the  created  Ser  jeants,  fo  no  difhonour  to  their  Attendants,  to  attend  them  at  this  So- 
„«.,.,    lemnity-,    which  is  fo  much  the  more  luftrous  and  compleat,  by  bow  much  the  more 
lSj>     A  m   numerous  and  wellinftrB&ed  the  Attendants  be,  becaufe  accordingly  is  the  fhew  and 
A  thenar*'  glittering  of  the  pomp ;    for  according  to  the  old  Englijh  Calculate,  nothing  became 
lb       T>  p-  a  §,ctt  Entertainment  better  then  capacity  of  Room,  choice  of  Guefts,  plenty  and 
r  d    o        good  Cookery  of  Dyet,  neatnefs  of  Linnen,  grace  and-agility  of  Attendants,  orderly 
Th  fervice  of  Tables,  mirth  and  repaft  at  them,  kindenefs  and  fobriety  after  them,   and 

f-p^l"      a  free  and  open  welcome  from  the  Mafter  of  the  Feaft.     Thefe  are  the  gradation!  of 
0]  reaps.        ieafing  pcafts>  to  which  ifa  great  train  of  Attendants  upon  motion  of  the  Mafter  be 
added,  All's  Noble. 

Asthenitis£»'for*f*and*w«//iff,f,  that  is,  as  it  is  a  Livery  of  one  colour  and 
kinde,  to  fhew  the  ftate  and  degree  of  the  Mafter  of  them  that  wear  it;  fo  '(vsPanni, 
to  fignifie  not  enely  that  wifdom  favours  and  promotes  native  Commodities,  as  wollen 
cloath  is :  but  Tanni,  to  continue  the  memory  of  it  for  fome  time,  and  for  fome  be- 
nefit to  the  wearer.  For  the  Serjeant  looks  not  onely  to  his  feven  dayes  wonder,  and 
that  done,  cares  not  how  few  and  fmall  Penny-worths  the  wearer  has  afterwards  out  of 
it-,  but  defires  it  may  refide  with  and  reft  by  him,  as  a  monument  of  his  Creation. 
Therefore  it  has  been  known  that  Liveryes  given  upon  this  occafion  have  flayed  by  the 
meaner  fort  of  men  many  years,  thoughthe  better,  after  the  Solemnity,  give  them  a- 
way  ^  for  when  their  fervice  (by  the  expiration  of  the  Solemnity)  determines,  then  alfo 
their  Liveryes  grow  with  them  out  of  feafon. 

SZuart  licet  in  Vniverfttatibus,  &c,'3  This  iswritten  to  fhew  the  Charge,  Worfhip, 

and 
/  .-■■'. 


Luc,   Di  Pentu 
lib.    II.  cdf,    at 


A  Commentary  upbn  FortUcui,  559 

and  Solemnity  of  a  Serjeant,  which  though  it  be  anfwered  by  the  fo- 

lemnitics  of  a  Doftor  of  the  Lawcs.who  has  a  Creation  as  the  Ser-  ,,„„„„  ^4  his  „gmKt  j^j  tl,  ». 

jeant  has  and  who  makes  a  Feaft,and  of  old  might  give  bonnets  [bir-  a*m  dtc*  <#>  pinufifhum  &  DiSonm , 

ret*]  round  like  his  own,  in  token  of  fanftity  and  truth,  as  thofevir-  %^5£S*b?x*rM''1**'  D' 

tues  he  is  by  his  degree  remembredof  and  required  to  exprefs , ' 

and  wears  fcarlet,  &c.  yet  our  Chancellbur  fayes ,    He  does  not  ^^      c               ^ 

give  gold  and  other  prefencs  as  Serjeants  give.  Which  though  it  be  ^\.\T™    *"•/■     '""■  r- i  7- 

moft  true,  and  declares  a  greater  and  more  popular  fplendor  in  his 

Crcation,then  that  ofaDoftor  hath  ^  yet  is  the  Doctors  Creation  to  saimafms  .»».<»  <u  rerun.  Lit,,  dc 

his  degree  very  fignificant  and  folemn  in  every  Circumftance  of  it.as  f"u"- e- "• 1?- 

Firft,He  is  as  it  were  crowned,  with  a  round  Cap  in  fignum  fanltitatit  in  £&»»>*  comma  firdiim,  9»>4  uU 

&  veritatis,  by  the  figure  of  which  he  is  taught  to  be  fincere  and  t*fr  *'**"?"  '^T""'    Ca<r 

r      ••  i  '  t'./--         .r-  ^-l         t_     i_        i_     t        i         r   t_  Cttal.Cl.  Mnnii.  » .  3 >*o.  550, 

unfordid,  generous  and  fcicntifique  ■,  Then  he  has  the  books  of  the 
Law  delivered  him ,  that  he  fhould'  remember  to  reade ,  obferve ,  and  pra&ife 
according  to  the  Wifdome  and  Juftice  of  it .-  and  this  the  Doctors  generally  a- 
gree  fo  necefTary  after  the  example  of  Scripture  2Chro.  e.  13.  11,  where'tisfaid, 
Thej  brought  out  the  King's  Sen,  and  put  upon  him  the  Croton  ,  and  gave  him  the  Te- 
ftimcnj,  which  referrs  as  by  the  marginal  note  appears  to  Dent.  17.   18.  where 'tis 
faid,  when  he  fittcth  upon  the  Throne  of  his  Kingdom,  thatheJhaH  write  him  a  Cop)  tf 
the  Law  in*  Btok^  or  out  of  that  which  is  before  the  Priefis  ,  Sec.     J  fay,  the  Doctors 
agree  this  fo  confequential,  that  without  the  delivery  of  a  book  of  the.  Lawes  to  him, 
he  can  be  no  Doctor  ,  qui*  in  Hbrornm  leElione  eonfiftit  Dotloratus  ;  Then  he  has  a  ring 
put  on  his  finger,  implying  that  by  his  degree  he  is  fponfus  fattus  vera  PhiUfophia  & 
fcieniU  ejuam  profit  etur.  for  as  by  a  Ring  given  and  taken  ,  betokening/W«r  h  and  troth  JnM^m. 
plighted  each  to  other  .Marriage  is  folemnized  between  man  and  wife  •,  foby  a  Ring  at  Ctfw'H' 
Creation.the  Marriage  of  a  Doftor  to  his  art  is  intimated:  onely  there  is  a  difference  of  '*"' 
fingers  between  thefe  two  wearings  of  their  Marriage  Rings,  the  woman  wearcs 
her  Ring  on  the  fourth  finger  of  the  left  hind,  in  which  there  is  quadam  vena  fangui- 
nis,qua  a  A.  cor  hi  minis  ufque  pervenit,  but  the  Doctor  weares  it  on  the  thumb,  ntfa- 
cilius  tefiificari  poffunt  fnbfuo  figillo,  then  the  Doctor  is  fet  in  a  chair, and  has  his  duty 
reprefented  to  him  in  Pathetique  words,  Proceed  and  gee  tut  Worthy  and  virtuous  men, 
Jit  jee  in  the  feat  of  virtue  and/cience,mt  of  vice  and  peftilcuce,  And  the  chair  he  is  crea- 
ted in  has  many  notable  depictions  in  it,  all  fignificant ,  In  the  inward  part  of  it  two 
young  men,  referring  to  Love  and  Labour,  In  the  latter  part  of  it,  two  Virgins  re-  off.  /•«  r  r«»'- 
prefentir.g  Care  and  Watching,  In  one  of  the  fides  thereof  a  young  man  girded  about  ""-p-1*8- 
the  loyncs,  carrying  little  ordinary  things.intimating  poverty  or  contentation  with  a 
little ,  as  if  humility  were  the  onely  way  to  feek  and  finde  wifdom  of  fcience  ,  In 
the  other  fide  is  the  portraiture  of  a  man  prefenting  a  figure  that  flies  away  .noting, 
that  life  is  fhort,  and  art  long,  and  that  if  we  would  attain  learning ,  we  mart  banifh 
all  diverfion  and  purfue  it  eagerly,   then  there  is  prefented  him  a  girdle  of  gold, 
and  he  is  bid  to  gird  his  loynei  with  the  girdle  of  faith,that  is,to  be  faithful  to  the  Laws, 
and  to  his  Clyent,  and  not  to  betray  his  truft,  no  more  then  a  fouldier  fhould  fohere 
militia  cingulum  ,   which  he  cannot  honourably  doe  ^tnaindectnsomninoprtbatur, 
priusfolvere  militia-  cingulum  quam  cedat  viBori  adv.erfttas  praliorum,  Then  he  is  kiffed 
on  the  cheek  with  a  kifs  of  Love,  to  minde  him fcedui  pacis  infacultatibus  furium  fcr- 
vare  perpetuum,Thck  and  fuch  like  rites  and  attendants  there  are  to  the  invefliture  of  a1 
Doctor  of  the  Lawes,  which  fhewhiminhis  degree  not  to  be  inconfpicnous,  but  the 
contrary  in  all  the  degrees  of  Scholaftique  lultre  •,  for  of  this  rank  and  breeding  of 
men,  are  the  great  Counfellouri,  Ambafladors,  and  Minifters  of  ftate,  almoft  of  the 
World,  and  to  thefe  doe  the  names  of  Grotius,  Budaus,  Thole fianw,  and  others, 
famous  for  all  good  learning  contribute  honour ,  the  Doctors  of  the  Civil  and  Canon- 
Law,  being  as-great  matters  of  learning,  as  any  or  all  other  befides  them  have  been,or 
are,  which  I  mention  as  heretofore  I  have,not  to  claw  them  (  For  that  is  odious  to  me, 
who  propofing  to  write  the  words  of  truth  and  fobernefs,  need  not  fear  the  brow,  or,  ™ctt    *"" 
by  any  foft  and  adulating  prccarinefTe9,  beg  the  fmile  of  any  men  )  but  to  clear  to  the  wt^- 
World,  that  I  profequute  nothing  but  integrity  to  all  men,  and  all  things  of  worth  ,and 
to  own  my  Collections  in  this  and  other  my  ftudies,  from  many  Authours,  Civil. Law- 
yers ■,  By  reafon  whereof  I  cannot  but  averr  the  Doctors  of  the  Lawes,  moft  eminent 

N  n  n  n  %  gradu-^ 


5tf  o  A  Commentary  upon  Fortescue. 

Graduates  snd  great  Mailers,  although  that  of  the  Text  here  cannot  be  denyed. 

Net  eft  Advccatus  in  univerfo  mundo  qui  ratione  Officii  fui  tantim    lucratur  ut 
ferviens  hujusmedi. 

Though  Servient  ad  Legem  be  a  terme  of  State  and  Degree ,  yet  Advicatm  is  of 
?'6'1b "iJirl"'  office  and  employment,  concerning  this  fee  the  Notes  on  the  eighth  Chapter,  where- 
dumf  il'if.  St.  in  the  nature  and  honour  of  advocation  is  fet  forth.     Whereas  then  the  Chancellour 
w. « ».  SK  4.    j,ere  magnifies  the  Serjeant  at  Law,  he  is  to  be  underftood  not  to  doe  it  in  relation  to 
'(Lfi  w.w!  ut.6  himfelf,  (He  being  one  of  that  degree,  anda  very  learned  one,  I  believe,  as  ever  was  be- 
fore or  fince  him,)  nor  as  vituperating  and  leflening  the  degrees  of  Dodtors,  in  which 
there  are  and  ever  have  been  as  renowned  Wits,  as  ferious  Judgements,  as  Hcroique 
minded  men,  as  in  any  profcfiionintheWorldi  no  fuch  pedanterinefs  is  our  Great 
and  Grave  Chaucellour  herein  guilty  of:  but  he  fetts  out  the  oriency  of  the  dignity, 
thus  to  advance  the  reputation  of  the  Law  and  the  Love  of  the  Nation  to  it,  evidenced 
in  that  it  has  inftituted,   continued,  and  augmented,  fuch  an  honour  for  men  of  great 
worth  in  the  National  and  Country  Lawes  as  is  no  where  in  the  World,  neque  tn  re. 
gnt  alique  orbu  ttrrarum  datur  graduj  jpecialu  in  legibus  regni  iBius  prtterquam  folum 
in  regno  Angliar  j  As  if  he  had  (aid,  as  England  is  by  it  felf  in  its  National  Law,which  ii 
favourable  to  freedom.tuitive  of  Government,promotive  of  ingenuity,more  then  other 
Lawes  are;  fo  hailt  a  peculiar  honour  for  thofe  that  excell  in  the  knowledge  of  it,  above 
other  Nations ,  and  futable  to  the  honour ,  indulges  it  a  fupport,  paramount ,  to  that 
of  any  Advocate  in  the  World  below.   For  though  the  Advocate  with  the  Father , 
Remember      Our   Gloritns   Ltrd  J  E  S  U  S  ,  (whom  all  the  Angels  of  God  Vwrjhip   and  to  whom 
this  O  Ml       my  Heart  in  all  humility  afcribeth  all' the  Grace  and  Glory  it  has  or  hopes  for)  hath 
Soul,  andbt  this  Name  above  every  Name ,  his  Advocation  tranfeending    all  Advocations  , 
thanleefuL      though  He  is  afcended  above  the  Principalities  and  Powers  of  Mortal   Merit, 
and  Mortal  Glory ,  and  has  gained  by  his  Advocation ,  all  Power    both  in  Hea- 
ven and  Earth,   all  Praife   from  Men   and  Angells,    Though  He,  that  Onely 
Precious  and  Prevailing  Advocate ,   fvho  is  at  the  right  hand  of  God ,  comes  with- 
in the  tantum  lucratur,  which  no  eye  can  fee,  no  tongue  language,  no  pen  difcourfe, 
no  thought  conceive,  Though  He  be  in  nature  ,  perfe&ion  and  exaltation,  as  farr 
above  all  the  gainer?  in  the  World,  as  Heaven  is  beyond  Earth,  and  no  Mortal  is  to 
be  mentioned  in  compare  with  him,  the  Immortal,  Invifible  and  Onely wife  Advocate-, 
yet  in  all  other  refpeds,  wherein  Mortal  Advocates  have  thegreatett  encouragements, 
\Aiwoti  /*!*»■  this  Serjeant  at  Law  is  not  matchable,  ntc  eft  Advocatus  in  univerfo  mundo,  qui  ratit- 
m  vLa  dvifr,  ne  Officii  fni  t a»t urn  lucratur}  For  as  He  is  the  onely  pleader  at  the  Common  Bench,and 
frmdi*  »)*$  &  the  onely  requefted  one  in  great  pleadings  elfewhere,  in  Chamber- Counfels,  and  Cir- 
D^J't'X'ti'-  ct»ts,  which  makes  his  cunning  as  a  fountain  ever  full  of  the  water  of  Life,  Silver  and 
i.  Dt  ?>tuUnii  Qdi  fCCSj  f0  that  the  Circuits  of  fomc  one  of  them  have  been  more  profitably  valuable, 
m.  ififfia  then  the  pradice  of  a  great  Civilian  all  the  year  long  ,  fo  have  they  by  cuftorae  of  the 
r ■  W'  Nation  great  fees,  that  their  proficiency  in  learning  and  procedure  in  integrity  may  be 

encouraged ;and  the  beft  love  they  can  exprefs  to  their  prefent  renown  and  tuture  peace, 
is  to  be  earneft  in  prayer  to  God  not  to  permit.and  {tedfaft  in  refolution,not  to  take  any 
^»m*nTfr"l','I\  temptation  to  the  contrary , but  to  fear  the  blinde  of  a  gift, and  the  terrour  of  a  frown,as 
&  q***<b  wrt«-  that  which  God  hates,  and  men  execrate,  and  alwayes  to  remember  the  tragical  ends, 
m»7.  Hu^iTtL'i.  a°d  amazing  death-beds  of  covetous  Cay  tiffs,  who  having  not  the  fear  of  God  ,  bog- 
re  <tcbtm»,  ne  it  gled  at  no  villany  that  was  gainful.  While  Achan'%  wedge,  and  Balaam 's  reward,  Ha- 
^'"s'lno^'vii  fan's  honour,  and  Abfelon's  rule,  Judas  his  treachery  ,  and  Simon  Magus  his  pro- 
eroii.  «  t.i.  phannefs  are  upon  record.there  will  never  want  monitors  to  great  gainers  to  be  wary. 
joeiis.  jhat  onely  is  fweet  and  found  gain  that  is  Godly  gain,  and  hath  the  promife  of  a  Gods 

blcfilnginalifeofrepute,  anda  death  of  hope.  And  to  that  end,  the  Serjeant  beft 
Lord  ctvtmry's  endeavours  that  moft  followes  the  wife  counfel  of  a  Chancellour,  who  to  the  Serjeants 
ser7ca™'""°"  £ave  tms  'n  c'lar8ci  Strive  andftudy  to  be  more  and  more  learned  unto  jour  degree,  your 
iic*r.i.  um»  Advocatejhip  is  infeparably  united,  and  that  for  whom  and  for  whtfe  ufe  ?  butfor  all  the 
"}"-  King's  people ,  manj millions  cf men  :  and  for  what}  Tor  all  their  inheritances, their  pro- 

perties  and  their  interests  :  and  then  what  exailnefs  and  multiplicity  of  learning  ought  to  be 
for  the  confcionable  dif charge  of  fo  great  a  duty  ?  Thus  that  wife  Sage,  which  well  obferved 

by 


^Commentary  upon  For  t  es  cue.  $6t 

by  the  Serjeants,  is  the  beft  way  to  preferve  them  well  worthy  of  the  great  gains  their 
care,  skill,  and  fidelity  accumulate  to  them  above  any  other  Advocates  in  the  World. 

R alius  etiam,  nifi  in  Ltgibtu  Rtgni  iUitu  fcientiftmtu  f stent,  ajjumitur  adOficittm 
fjr  Dignitatem  fnftitiarii  in  Curtis  Placitorum  cor  Am  ipfo  Rege  &  Communi 
Banco,  qua  fttnt  fup rema  Curia  ejusdem  Regni  OrdinarU,  nifi  ipfe  Primitut  (lata 
&gradn   Strvientis  ad  Legem  fuerit  infignitttt. 

As  no  man  ordinarily  is  Serjeanted  till  he  be  dt  Matnrioribm,  that  is,  above  fix-  4  inftit .  c.  7.  of 
teen  years  ftanding,  or  rather  has  read,  (  I  write  according  to  the  wonted  courfe  and  the  Kins> 
tbeufual  rate  of  men,  allowing  Provifo's  for  extraordinary  precocious  wits,  or  men  of  Eench'^-  75- 
great  birth,  fortune  and  favour ;  )  fonoman,  though  he  be  de  Matnrioribus ,  can  be 
a  Juftice  in  the  King's  Courts  till  he  be  Serjeanted  .-   for  Ser  jeancy  is  the  fine  qua  mn 
to  Jufticefhip,  upon  the  preemption  that  that  degree  obtained,  learning,  gravity  and 
integrity  is  fans  dilute.     This  the  Kings  of  England have  pleafed  to  method  themfelves 
in,  as  the  oncly  probable  means  to  produce  Jsftices,  Jufiitia  Satellites,  &  fudiciorum      Trj 
optirr.it am  Athlet*  quam  Gubernaterts,  that  is  faith  the  Glofs,  Athleta  in  advocando,  ity».P.  so,'      : 
Gubermtorts  in  judicando,  that  is,  every  way  compleat,  both  to  a  folid  conception,  a 
ready  delivery  and  a  fincere  Judgment.  Concerning  fu/tices  I  have  written  in  the  Notes 
on  the  a<  Chapter,^  infel.  5  23.  alfo  of  their  Courts  which  are  called  here  by  our  Text 
Supremo,  Curia  Ordinaria,  as  they  are  by  the  Aft  of  25  H.  8.  c.  1 6.  I  have  difcourfed 
in  the  fame  Chapter.     That  which  the  Text  gives  occafion  to  add  is  from  the  word  In- 
fignitus,  which  beingadarifllmation  or  anilluitriorating  of  him  that  has  foulary  vir- 
tue and  profeffional  merit,  renders  the  Serjeant,  asftepto  a  Jufticer,  a  moft  eminent 
perfon,  efpecially  when  confederation  is  had  that  be  and  none  but  he,  is  admitted  to 
praftife  and  plead  in  that  Court,  which  one  calls  the  Lock,  *»d  Key  of  the  Common  Law,  » inftit.^.  55,53. 
Vbi  omnia  re  alt*  pUcita  plaeitantur,  faith  our  Text,   when  all  Pleas  therein  flow  from 
thofe  nigri,  purpurati,  &  coccineUSeniores,    who  are  no  Puifnes,  but  have  exceeded 
two  Apprenticeships  at  the  Law,  fexdecim  annos  ad  minus  complcvit.~\  Not  but  that  great 
learning  may  bring  a  man  to  the  Degree  before  that  ftanding  (  as  it  did  Scaliger  in  not 
much  above  ten  years  after  his  entrance  at  Lejden  to  be  a  Prefeflbr^but  uuUns  hue  ufque 
to  our  Chancellor's  time  has  bin  called,  but  he  that  has  intended  fo  long  the  general  ftudy 
of  the  Law  :  and  that  becaufe  as  the  duty  requires  learning, fo  the  Degree  and  State  gra- 
vity and  poyfe,  which  is  feldom  in  youth  how  towardly  foevcr.     For  furely  if  any  one 
deferved  to  be  Serjeanted  before  this  ftanding,  'twai  famous  Littleton  ■,  yet  he  was  not  Preface  to  the 
called  before  he  had  read,  but  fome  time  after,  and  fo  was  no  President  for  being  Ser-  ' Inftlt' 
jeanted  before  fixteen  years  ftanding  in  ftudy :  though  he  was  a  man  of  ancient  bloud, 
great  fortune,  noble  parts,  and  general  approbation,  and  therefore  in  15  £.4.  with 
the  Prince  and  other  Nobles  he  Wat  made  Knight  of  the  Bath ;    yet  notwithftanding  all 
thefe  excellencies,  he  was  not  called  to  be  Serjeant  till  he  had  fulfilled  and  pafled  bis 
fixteen  years. 

Et  in  lignum  quod  omnes  JuHitiarii  illi  talittr  extant  graduati,  quilibet  eorum  fem- 
perutitur,  dum  in  Curia  Regis  fedet,  Birreto  albo  de  ferico  quod  primum  &  prt' 
cipuum  efi  de  infignibus  habitat  quo  fervienies  ad  Legem  in  eorum  trtatione  de- 
corantur. 

,  Herein  the  Serjeants  degree  is  to  the  office  of  a  Juftice  neceflarily  precurfive  above 
that  of  aDoftor  to  a  Bifhop ;  for  he  that  is  a  Graduate  in  the  Univerfities  may  be  a 
Bifhop,  thou gh  aDoftor  he  be  not :  but  no  man  how  learned  foever  he  be  can  be  a 
Juftice,  but  he  that  is  already  a  Serjeant  •,  nor  can  he  fit  in  the  King's  Courts  but  with 
that  particular  habiliment  of  a  Serjeant,  which  ( with  reverence  to  that  noble  Dignity  ) 
is  in  a  kinde  najltd  to  hts  head,  1  mean  fo  fixed'  that  thence  it  i9  not  to  be  removed, 
no  not  (  I  beg  the  boldnefs  to  fay  )  in  the  King's  prefence,  this  is  the  Caul  on  bis  head 
called  the  Cojjf.  The  Chancellour  words  it  by  Birretum,  others  by  Birr  us  or  Sir  - 
ret  a,  tegmen  capitis,  P 'ileus  faith  the  CodexTheodof.  It  was  permitted  fervantsof  old  to*  b»&»  quniti 
as  a  token  their  fervility  was  On  its  latt  Itggs,  «  we  proverbially  call  fervice  that  is  de-  «/>•""  '*"»  •"• 
termining,  afecr-times  adopting  theufe  of  thefe  Night-caps  or  women s  gear,  as  we 

may 


}6i 


ttift.  74: 

Speln).  G'»/'  in 
vxtm  lirrttum. 


C*pit*l  ami  StumUtul*  nunc  in  ct- 
fill  film:  li***r#.  VattO  lib.  dt  Unfit* 
L*ltX». 

^tdvtrf.  lib.  11.'.  30. 

Vi  rttptru  fmt  ctrtnat  tafttttm  kujm- 
mtdi  Cuff  is  deftndtttnt. 

Cltriei  ntmi/i  in  itineri  etn/Htnti  »» 
pa  t»t  in.£i:cUfii),  *nt  tordm  PrdU- 
w  fmt.  Mt  in  tnfftUn  tommuni  htmt- 
nun  fMict  infdu  fit.  Wj«  C'jjf't  v" 
tsnt.  ftrture  tliqttttmm  utdtnnt  vtt  fr4- 
fummnt.    Lindwood.  f .  «*.  B.  u. 

Matth.  Paris./-.  s>85-«»H.}. 


Tagnio.   in  vtrtt 
f.  -.8:8. 


A  Commentary  upon  Fortes  cue. 

may  call  them,  into  credit.    Thcfe  Coyffs  or  Caps  became  Emblems  of  Mafterfhip,  to 
which  Clemangis  alludes  in  thefe  words,  ^  Non  Cappa  ut  in  Proverbio  Mmachum  efficit, 
nee  Caff*  etidm  aut  Cathedra  birretive  impofttit,  Magifterium.    In  after- times  they 
grew  vary-coloured,  Cardinals  had  Birreta  coccinea,  lcarlet  or  purple  Bonnets  or 
Caps,  Bifhops  black,  but  Serjeants  at  Law  thefe  white  ones .-   which  though  they 
now  have  impropriated  to  them,  as  one  of  the  Infignia  of  their  Degree,  was  of  old 
purely  Sacer dotal'.    Farro  pedigrees  it  from  the  Women-Priefts, 
who  amongft  the  Romans  ufed  it  to  cover  their  heads  in  Sacrifice, 
fo  Pompeius  •   and  Turnebus  makes  it  to  be  that  Cojrff  or  Caul  that 
women  do  to  this  day  tye  up  their  hair  in,  their  night-linnen  ailed  t 
Coyff.  The  Priefts  taken  with  thefe,  ufed  at  nights  to  lye  in  them,  or 
on  travel  to  cover  their  rafure,  and  protect  their  heads  from  cold; 
other  then  in  thefe  cafes,  by  the  Conftitution  of  Ot hobon,  our  Pricftj 
might  not  wear  them  .•    but  that  they  did  wear  them,  and  that  to 
cover  their  rafure  was  plain  from  that  which  At.  Paris  writes  of  w. 
dt  Bufftj ,  the  evil  Counfellour  of  W .  dt  Valence,  who  when  he  was 
apprehended,  and  brought  to  make  anfwer  to  the  accufations  againft 
him,  when  his  guilt  made  him  anfwerlefs,  and  his  impieties  were  not 
to  be  defended,  Voluit  ligament*  fua  Cojfafolvtre  (  faith  Paris  ) 
ut  palam  monftrartt  tonfuram  ft  babtrt  Cltricalem.     From  Prieftly 
men  Judges  in  Courts  of  Law  about  Edward  the  Third's  time 
this  Coyffdefccnded  with  JufticefhiptoLay-men,  and  from  being  made  of  open  Can- 
cell-work,  Cut-work,  (  fuch  as  in  my  memory  women  wore.Coyffs  of,  which  in  regard 
of  the  barrs  and  net- work  of  them,  were  what  the  Hebrews  call  by  "]?©)  it  was  made 
of  (ilk  Sirrtto  albo  dt  ftrict  in  our  Chancellour's  time  ;  but  after,  it  became  to  be  of 
Cambrick  the  next  to  it  in  tranfparency,  and  thus  to  this  day  it  continues.    From  which 
covering,  white  in  colour,  and  pervious  in  the  nature  of  it,  we  may  conjedure  the 
fcope  of  it  to  fignifie  protection  of  the  head  to  purpofes  of  fandity  and  fincerity,  minde- 
ing  the  Serjeant  to  not  onely  fill  his  head  with  learning,  but  employ  that  learning  to 
the  eftablifhment  of  Juftice,  and  the  fupport  of  Innocence  againft  powerfull  oppreffi- 
on  and  fraudulent  fubverfion ;    and  it  calls  them  to  own  themfelves  Free-men  from  the 
trimumtft  <jmd  frowns  of  Judges,  who  fometimes  brow-beat  Puifnes,  and  gives  them  liberty,  asBro- 
*•«  fi  <d",i  *"-   thers  of  the  Long-robe,  to  fpeak  boldly  becaufe  weightily  in  a  good  matter.     And  this 
KraTiuis  civil,  i*  the  reafon  why  the  Coyff  being  fuch  an  inftance  of  facrednefs  and  authority  is  cal- 
Di6oft.  p.4«.       led  by  our  Text,  Primum  &  pracipuum  deinfgnibiu  habitus. 

Nte  Birretumifiudfufiitiarius  pent  nee  ftrviens  ad  Legem,  unauam  deponet,  tjuo 
caput  fuum  in  toto  difcooperiet,  ttiam  in  praftntia  Regit,  licet  cum  Celfttudine 
fua  ifft  Itauatur. 

This  is  fub  joined  as  a  notable  inftance  of  this  Serjeants  dignity,  to  wit,  that  whereas 
of  old  no  man  might  come  cappM  into  Princes  or  Great  mens  presences,  without  a  par- 
ticular grant  fo  to  doe,  which  I  colled  from  the  ufe  till  Henrj  the  Eighth's  time,  when 
I  read  one  Mr.  Brown  had  Letters  Patents,  confirmed  by  Ad  of  Parliament,  to  enable 
him  to  put  on  his  Cap  in  the  prefencc  of  the  King  or  his  Heirs,  or  any  Lord  Spiritual 
or  Temporal  in  the  Land,  Whereas  I  fay  no  man  might  come  capp'd  into  the  King's 
prefencc  without  fpecial  leave,  the  Serjeant  P rivilegio  flatus  &  gradits  might  ;  and 
the  reafon  perhaps  might  be,  for  that  the  head  of  a  Serjeant,  fo  full  of  law  and  learn, 
ing  ufeful  to  the  King  and  his  people,  fhould  fuffer  no  injury  by  cold,  nor  appear  no 
not  with  the  defeds  of  old  age,  or  other  accident,  which  might  injure  or  diminifhhis 
reputation :  but  that  he  may  retain  that  reverence  that  becomes  fo  venerable  a  P10- 
fcflion  as  the  Law  is,  and  fo  grave  a  Sage  as  He  the  Serjeant  is  prefumed  to  be.  This 
may  be  one  reafon  why  Princes  permits  thefe  worthy  Per  fans  to  wear  that  in  their  pre- 
fencc to  which  they  thereby  command  reverence  from  others,  who  are  much  ruled 
by  the  pradice  of  their  betters,  efpecially  of  their  Prince,  who  not  onely  fuffers  thefe 
to  appear  beforehimCoyrPd,  but  often  fpeaks  with  them  and  is  counfellcd  by  them  in 
matters  that  concern  his  Crown  and  Dignity  •  and  even  then  when  they  are  neareft 
him,  Licit  cum  Ctlfttudiut  fua  ipft  loquatur  ]  they  do  ftand  capp'd  and  coyff'd 

Which 


Tullir  Church 
Hiftoiy.  fart. ». 
f.  i«7- 


A  Commentary  upon  Fortejcue.        ■    563 

Which  Confidered,and  the  Lawes  of  England  (fo  conforms  to  the  Law  of  God,  the 
Law  of  nature,  and  the  condition  of  England  and  the  nature  of  the  people  of  it,  fo 
profperous  in  the  peace.plenty .honour ,riches,and  univerial  advantage  that  it  has  in  all 
ages  produced  )  while  it  is  ftudied  by  brave  men  of  parts  and  parentagc,pleaded  and  di- 
stributed by  learned  and  aged  Sages,  and  judicially  declared  by  the  upright  and  well  ad- 
vifed  Matters  of  it ,  the  Reverend  Juftices  of  the  King's  Courts.  All  this  I  fay 
premifed ,  the  Chancellour  humbly  not  onely  conjures  the  Prince  nan  hafitare  which 
of  the  Lawes  to  love  and  chufe,  but  from  the  refult  of  what  the  premifes  difcourfed 
upon  produce,  to  conclude,  Thatfor  the  Piety  of  them  they  are  pretiofa,  being  as  the 
gucen's  daughter,  aS  glorious  tti^;*  ;*and  for  the  reafon,  judgement  and  gravity  of 
them  Nobiles,fublimes  ac  magna  pr/tfiantia  ,  and  in  the  effeft  of  them  to  the  Glory 
of  God,  Honour  of  the  King,  and  comfort  of  the  people.  Maximtaue  JcicntU 
&  virtHtu,  So  He  5  and  1  after  him  humbly  conclude  this  chapter. 


CHAP.     LI. 

Sedut  fuftitiariorum  ficut  &  fervientium  ad  Itgtm  fiattts  tibi  innitefcat ,  etrum 
for  mam  tfficiumquc  ut  potertjam  defcribam. 

HAving  fhortly  defcribed  the  material  parts  of  the  manner  of  Creating  Serjeants , 
He  proceeds  from  the  Step  to  the  Throne,  the  Inveftiture  of  Jufticefhip ,  which 
though  it  be  no  State  and  Degrec,b\it  an  exprefs  of  State  and  Degree  in  an  office  judicial;  Jj£'i'£'„'t!Z! 
yet  is  fo  farr  an  advance  of  dignity,  as  in  worfhip  and  honour  is  not  in  the  Law  to  be  «««/'•«  «•<;«" 
exceeded.-  and  therefore  to  what  of  it  I  hive  under  favour  of  my  Lords  the  Juftices  ^'f  Cof.k'-1" 
written  of  their  dignity  in  the  five  and  twentieth  Chapter,  andinfol.  52?    I  (hall  f!m£m; 
add  onely  that  which  the  Chancelloor  here  gives  me  the  invitation  in  the  Comment 
on  him  to  doe,  referving  the  more  plenary  treating  of  them  to  fome  difcOHrfe  purpofely 
on  that  fubjeft.  In  the  mean  time  I  follow  my  Text. 

Sclent  nameue  in  Communi  Banco  ~]  Here  the  Chancellour  begins  by  a  modeft  conde- 
ftenllon  with  the  Court  of  Common  Pleat,  fo  called  becanfeofthe  Common-Pleas 
there  holdenj  Now  though  this  Court  he  prefided  not  in,  (being  Chief  Juftice  of, 
and  fo  placed  in,  the  Ki*g'sBtnch,v/hich  according  to  the  learning  of  time  and  ufage  has 
the  priority  )  yet  to  evidence  how  little  his  merit  ftands  upon  punctilio's,  and  how 
trite  he  accounts  rivalty  betweenuhofe  paire  of  Sifters  that  are  to  ferve  the  King  and 
his  people  in  decifions  of  Law  andjuftice  ( I  would  to  God  the  lame  were  the  ingenui- 
ty of  the  members  of  both  Univerfities,  and  then  they  would  honour  not  derogate 
from  one  another)  He  writes  firfl  of  the  Common-Bench,  which  undoubtedly  is  not 
onely  a  raoft  ancient  Court,  not  onely  before  Henry  the  third'%  time,  but  before  R.  the 
firfi,  or  even  the  Conquerour's  time.  And  as  in  the  King's  Bench,  pleas  of  the  Crown    1 ln^i  \~-  °l 

"■>,,.  .       \_    _.  •  _   .. .    n  j  «         1       r*  ■        ■       „        »"»",   rlie  Kings  bendi 

and  things  concerning  the  King  and  Subjects  were  and  are  tryedj  foin  the  Common-  f.  71.71: 
Bench  real  aRions  bj  original  Writs,  are  to  be  determined,  and  alfo  Common- Pleat  mixed 
and  perfonal :  And  therefore  as  there  being  the  high  matters  of  Law  judged  in  it ,  fo 
are  the  pleadmgs  to  be  performed  onely  by  Serjeants.  There  is  ufually  in  this  Court , 
for  the  greater  weight  and  more  fubftantiar  carrying  on  of  right  judgement ,    j£?»«- 
tjue  fuflitiarii  velfex  ad  majtu  fayes  the  Text  ~\   Mani,   for  in  the  multitude  of  Coun- 
feRours  there  isfafetj,  and five  an  uneven  number  ,  that  the  ballance  may  be  prepon- 
derated by  the  odd  voice,  and  fo  decifion  of  the  Courts  judgement  be.  Of  old  it 
fliould  feem  by  our  Text  there  may  have  been  fix,  which  Mafter  Cambden  does  not      lnft.    , 
deny  in  thofe  words,  The  fudges  there,  are  the  Lord  Chief  fuftieeef  the  Cmmon- Pleat,  dia.^f  cdimlj 
with  four  fufiices  ajfiftants  or  more,  as  the  King  fbaU  thinle^good  ■,  but  that  there  have  £  ;••£*»• 
been  in  late  reigns  any  more  thenjjw  with  the  Chief  fufike  ,  I  cannot  finde,  but  ofche'eour';^ 
fometimes  there  have  been  fewer.  f^w. 


Et  in  Banco  regit  qnatuor  vel  quinine  1    This  Court  is  the  firft  of  the  high  Courts  cook 
Ordinary  of  Law,  called  the  King's  Bench.btcaufe  the  Kings  of  England  have  there  fat  c,r- ' 

it 


Itmri 


5df  d  Commentary  upon  Fortescue. 

•  as  Prefidents  in  proper  Perfon,  which  is  the  reafon  the  return)  in  it  are  coram  tntlpft ,  and 

dmMen iiri-  becaufe  alfo  it  peculi/trlj  holdeth  pleas  of  the  Crown  and  fuch  ether  Matters  which  pertain 
courts  of  r».  to  the  King  and  the  Weal-publique,  and^ithaS  (faith  M  after  Camden)  it  fifteth  and 
gUnd.  r.i7i.  examineth  the  Errors  of  the  Common-  Pleas.  Anciently  this  Court  followed  the  King's 
T- ,77,  Court ,  for  it'was  kept  in  Aula  regia^  whence  the  prementioned  Cambden  tells  us , 

they  were  called  Lawyers  of  the  Palace,  and  Juftices  of  the  Court,  and  fufrices  *[• 
Cook4lnflit.  pgnesdenousfutr.  The  Juftices  of  this  Court  Sir  Sdward  Cecl^  c&Ws  the  Sovereign  Ju- 
r. 7t.  fi'ces  'ftht  Ojer,  and  Terminer,  Goale-deliverj  andcenfervation  of  the  peace  in  the  Realm, 

/ny.  f.  1 18.  f0  was  the  rcfolution  of  the  Judges  in  the  Lord  Sanchan  Cafe,  and  the  Chief  Juftice 
tw."  20  h.  6.  °f ic  c*"^  by  the  Patents  of  Kings  Capitalis  ftditiarius  Regis,  &  Capital'u  fuftitiarieu 
farttfriMM  u.to  ad  placit.  coram  Rege  tenend.  the  King's  Chicfjuftice  of England;  fo  in  the  Statute  of 
^St*m'ta  34C5*35  ^-Sf.  2P.  37H.8.f.  12.  But  the  flile  and  authority  which  this  high  Of- 
T.u.'9l  '  ficer,  called  fufiitia  Angli*  in  H-the  third's  time  had,  was  altered  temps  E.  i.noc 
speim.  cioft.  onciy  \n  tnc  power,  but  in  the.name  and  ground  of  his  power  from  fnfiitia  Ang/it,  to 
mvert.  jufm-  Ctifital.  Jupit  Re^is>  an<j  from  patent  t©  Writ;  fo  that  though  the  reft  of  the  Judges 
cook4inait.  of  the  King's  Bench  have  their  offices  by  patent,  the  C*hief  Juftice  is  conftituted  by 
^,7*'.  Writ,  and  therefore  when  in  5  E.  4.  'tis  faid,  that  a  man  cannot  be  Juftice  by  Writ 

5  e.I'.  fit,  137.  but  by  Patent  and  Commifiion,  it  is  to  be  underftood  of  all  the  Judges,  faving  the  Chief 
of  the  court  of   jKjtiet  0f  this  Court,  fee  more  of  this  in  the  4  Inftit.  c.  7 .  Now  in  this  Court  there  has 
been,  fayes  our  Text,  Juftices  quatuor  vel  quin<\ttc~\  So  has  the  number  moftly  been 
3  bdides  the  Chief  Juftice,  both  in  the  Reignsof  King  James,  the  laft  King,  and  fuch, 
the  number  now  is  ■,  Which  Juftices  of  the  King  are  of  fo  great  fway  with  the  Nation 
that  they  not  onciy  fettle  all  fuits  and  caufes  in  their  Benches  and  Circuits,  but  their 
iinitir.^.2«7.     refolutions  are  of  high  authority,  not  onely  Inducements  to  Parliamentary  declara- 
kefoiut.  judges  tions,  as  in  the  Stat.  Ve  Bigamiis  4  E.  1.    but  alfo  in  arduous  fcruples  upon  Lawes 
'lwfs'tlt'  "^m     and  the  interpretations  of  them,  which  appeares  in  the  quotations  of  them  every  day 
nit  ctlr'i.    "la-  as  Law,  and  in  the  allowances  of  our  Kings  in  all  times,  that  their  refolutions  are  Law. 
6it.f.6oi.         which  leiTons  all  men  to  honour  the  Judges,  and  all  Pleaders  before  them  to  demean 
themfelveswith  judgement,  fobriety,  and  Law- learning-,  Forasmuch  as  they  are  the 
Ordinary  Lex loejueus,  and  next  to  the  Books,  according  to  which  they  {having  the 
morning  light,  Vchich  is  the  defecate  light  of  lenoVoledge)   doefpeak,and  therefore  are 
to  be  diligently  heard,  and  reverendly  obferved. 

Ac  estioties  eorum  aliquis  per  mortem  vel  aliter  ceffaverii ,  Rex  de  avifamento 
conciliifui  eligertfolet  unum  de  fervientibus  ad  Legem ,  &  enm  per  liter as [um 
Patentes  conftituere  ,fuftitiarium  inlocofudtcisficcejfantis. 

* 
As  life.merit  and  choice  makes  a  Juftice;  fo  death,demerit  and   disfavour  difcharges 
4  inftit'.  c''7*4of  nil°-  When  therefore  any  of  the  King's  Juftices  doe  die  by  age  or  ficknefs,  being  perpetut 
the  Kings  bench  Unguidt,  or  otherwife  are  fuperfeded,  asbj  Writ  under  the  great  Stale  ,  /  fuppofe  they 
^u)Ub  5.'  £.  4    m*J,tk»tgh  made  fufiices,thcy  *rc(z)  faid  n*t  to  be  ij  Writ,  but  bj  Patent  or  CommiJJt- 
f>i.i-rf.  '  "      e*;  and  as  that  learned  and  upright  Judge,  Sir  George  CVoe^upon  his  humble  Petition 
preface  to  his      j,y  rcafon  0f  his  very  great  age  honourably  was,  and  as  Sir  Randal  Crew  2  Gar.  i\ 
cu"'^!^  sir  Robert  Heath  ,and Sir  Edward Coole^  1  o  Car.  and  others  have  upon  fundry  reafons 
been,which  is  per  mortem  vel  aliter  cefiare~]  Then  the  King.whofe  the  Juftices  places  are 
and  in  whofe  place,  and  by  whofe  power  they  adminifter  Juftice  to  his  people  doth  eleft 
new  ones  cum  avifamento  concilii  ]    For  the  King  having  divers  Councils  bis  Commune 
Cook  .1.  Little-   Concilium,  his  Magnum  Concilium,  his  Privatum  Concilium,  his  fudicia/e  Concilium  is 
ton  /at.  "i«4.     faid  to  doe  what  ever  he  does  ex  avifamento  Concilii ,  that  is,  by  advice  of  his  Council 
f  l,°-  fecundumfubjetlammateriam,™  inflate  matters  out  of  Parliament  of  his  Privy  Council 

fo  in  Law- mat  m  by  counfel  of  his  Judges.  NOW  this  avifamentum  conciliifui  being 
refcrrable  to  the  choice  of  a  Judge,  whoisaperfonofLaw  ,  and  proper  to  be  fcanned 
by  men  of  Law  ,  though  the  Councils  of  the  King  in  the  former  notions  are  not  exclu- 
ded; yet  avifamentum  concilii  feems  to  me  chiefly  to  refpeft  the  Judges,  from  whom 
the  King  underftands  the  fitnefs  of  pcrfons  in  that  office  to  fervc  bim,fo  as  he  be  ( and 
4  inflit.  c.  (•.  other  then  fuch,  they  will  not  nominate)  unus  de  Servientibu*  ad  Legem.  For  though 
'  ,0*-  I  know  the  Patent  or  Writ  to  make  them,  does  not  term  them  Serjeants  that  are  fo 

Or 


1 

A  Commentary  upon  F  o  a.  t  e  s  c  li  i,  $6$ 

Or  make  them  Serjeants  if  thy  be  not  fuch;  jet  m  man  can  be  a  fudge  anlefs  he  bt  a  Sir-   j*"^  £?*•  *•?• 
j^»/  if  the  degree  of  the  Cojff,  Vnum'e  Servicntibxs  ]  if  noc  a  Serjeant  long  before,  as  of  %[J,C^  K"'6  s 
old  the  Senior. Serjeants  in  regard  of  their  great  experience  were  (I  prcfumejadvanced;   7  cat.  sir  t^  h. 
vet  a  Serjeant  when  advanced,  though  btn  lb  created  the  day  before  advancement.    Et  s",e^"t'ietf,b' 
eum  per  Ltteras  Patentes  conftitnerej  Thek  Letters  Patents  are  Writs  under  the  Great-    advanced,  c™^. 
feal,  directed  to  him  or  commanding  him  to  attend  the  office  of  Chief- Juftice,  or  Ju-   |**p- 
(lice;    and  they  are  called  Letters  Patents,  becaufe  the  King's  pleafure  and  judicial   linh  f,*'u%,it 
Command  and  Power  is  patefyed  in  them  :   and  they  ifiue  forth  from  the  Chancellour 
who  is  termed  Secundus  a  Regein  Regno,   and  according  to  Fit*.- Stephen,  is  enabled,  4lnftit  cS 
Vt  altera  parte  SigMi  Regit,  quod  &  ad  ejus  pertinet  cuftodiam  propria  fignet  Mandata,   Court  of  ebsa- 
they  arc  the  words  quoted  by  Sir  Edward  Cook-     And  this  being  done  More  Stlenni,  "'?• 
andtoprefervetheKing'sPowerinadueexercifeofit  towards  his  people,  is  a  very 
provident  Supplement  to  Death,  Decay,  or  Difcharge. 

Et  tuns  CanceRarins  Angliae  adibit  Curiam  ~\  What  the  Chancellour  has  fealed  pri- 
vately he  owns  publickly.  And  that  the  Juftice  to  be  made  may  more  feriotafly  confider 
the  King's  Grace,  and  the  people  more  refpectfully  reverence  the  Kings  Juftice,  the 

Great  Chancellour,    who  is  Keeper  of  his  Seals  (for  in  H.  6.  time  there  were  three  ombden.  Brit, 

Seals  in  the  cuftody  of  the  Chancellour  who  is)  The  Signer  of  his  Grants,  the  Prefen-  M*1, 

ter  to  his  Promotions,  the  Judge  of  his  Equity,  the  general  Oracle  to  all  Orders  of  W"**  *** 

men  condefcends  to  come  from  his  High  Court  the  Chancery,  which  is  alwayes  open  Chanceuonr 

when  other  Courts  are  (hut,  out  of  Term,  to  the  Court  where  the  Juftice  is  to  be  **• 

placed,  adibit  Curiam  ubif uftitiarius  ftc  deeft.^    Et  fedens  in  medio  Juttitisriorum~\  4lnftit{-8   0f 

Tisnot  flans  for  that'sapoflureofminiftrationand  requeft,  but  fedens  ;    for  as  that  the  court  of 

is  the  ftation  of  Pleaders,  fo  this  of  Judges  :   Advocates  ftand  at  the  barr  to  plead,  chrcVJr'nl'^' 

but  Judges  fet  on  the  Bench  to  judge,  Sedere,  quafi  feorfttm  ercQe  cateris  feperari,  fo  -^i". /a«r«. 

Tally  ufes  the  phrafe.     Sitting  is  a  pofture  of  consideration  and  intcntnefs,  hence  Ser~  &c  >w  Rofcio. 

vius  renders  that  of  Celfa  fedtt  Eolus  aree  by  id  eft  curat  ■,  and  Plantm  when  he  brings  ?"r"r'md,^M*' 

in  the  fcrvant  faying  to  his  Mailer,  Sine  *t  juxta  jiramfedeam,  &  meliora  con  ft  It  a  mjmqut  fda  u- 

dabo,  hints  to  us,  that  fitting  is  a  pofture  of  folidity  and  judgement,  poft  defignatas  ^"*C«c£ 

Cali  porter  k  fedentibus  captantur  auguria.     Hence  is  it  that  in  Scripture  God  is  5™jfS£.'  Dm- 

phrafed  to  fet  upon  hu  Throne,   If.  6.  29.  fer.  17,  25,  &C   and  Chrift  fefus  is  faid  fius *«• ,-£J""r« 

To  fit  at  the  right  hand  of  God,  and  his  Apoftles  and  Martyrs  arc  promifed  To  fet  Jerr~"  *'  3°* 

upon  Thrones  judging  the  twelve  Tribes  of  Ifrael.     So  that  the  Texts  Sedens  ~\  im-  «<  «x»  fp<t" 

ports  pofleflion  by  a  kinde  of  temporary  right :    as  the  King's  high  Delegate  He  i^JtZ'^'i'fi', 

Sitts,  to  betoken  judicial  Prerogative  •,    and  in  medio  Juftitiariornm  becaufe  of  offi-  ,n *  w>tm*>. 

cial  excellence.     For  as  if  there  be  but  two,   the  right  hand  is  the  place-,  fowhen  Aiciar.  **  i«f«» 

there  are  three  or  more,  the  middle  or  centre  is  the  place  of  dignity  .■    becaufe  it  is  that  yVij^jit. 

whence,  as  from  the  centre,  the  lines  of  circumvallation  move,  and  wherein  they  are  if>«  or«.7. 

united.      Therefore  the  Latines  eppofc  in  medio  e([c  to  obfeurum  ;  fo  Tully,  dicendi  ££'rJ^f ' ""' 

tmnis  ratio  in  medio  poftta,  and  Ponum  in  medio  ftntentiam  Philefophoruni.     And  furely  Fiutarchus/ifr.  1." 

when  the  Moralift  has  written  much  cf  placing  at  meetings,  and  determines  the  pro-  f^f'p'^/'7' 

priety  of  Primacy,  'Sfi\*  &  cuyytreKf.,  To  virtue  and  dignity  ;    yet  in  that  he  brings  >B'^  jfauivsiit 

in  Democritus  chufing  the  middle  place,  he  intends  the  notification,  that  the  middle  £,?„<&,  j««i- 

being  his  choice  was  by  him  accounted  the  beft,  quia  virttu  in  medio.     From  the  con-  «t    £«/«,&, 

fideration  of  this  dignity  of  the  Middle,  as  the  moft  confpicuous,  we  read  that  God  ^    <t^   j. 

is  often  in  Scripture  exprelTed  to  appear  in  the  middft,  fo  Out  of the  Bujh ,  Exod.  3.4,  jem  p  ^xg 

20.   &C.24.  16.  fo  Inthemidfl  of  the  Camp,  Numb.  5.  J.  On  of  the  midft  of 'the  fire,  t.tl  J»7. 

Dcut,  4.  12.    Out  cf  the  midft  of  the  darknifs,  Deut.  5.  22.    God  is  in  the  midft  of  her,  2'Ph- 1-  s. 
Pfal.  46.5.  ThouO  Lord  art  in  the  midft  of  us,  Jer.  14.  9.  The  Hily  one  in  the  midft 
•///>«,  Hofea  11.  9.     When  our  Lord  jefus,  the  Judge  of  quick  and  dead,  is  faid  to  be 
Jn  the  midft  of  them  that  are  gathered  together  in  his  name,  Mattb.  18.  10.  and  In  the 
midft  of  the  two  Thieves  on  the  Crofs,  John.  19. 1 8..  and  when  he  appeared  to  his  Dif- 

ciples  after  his  refurredtion,  He  flood  in  the  midfl  of  them,  John.  20. 19.  when  he  is  ^  ,  t?  tl  , 

•  faid  to  ffand,  and  walk. ,  and  fet  his  Throne  in  the  midft  of  the  [even  golden  Candlefticlej:  c-  4.  t.  &  j. 
fure  all  thefe  fignifie  not  oncly  fpecial  and  eminent  prefence,  but  alfo  Authority,  Ma- 
jefty  and  every  thing  that  is  tranfeendent.     And  therefore  fedens  in  medio  Juftttiario- 
rum~\hcrc,  is  enunciative  of  the  Chancellour's  dignity,  in  that  he  fets  in  the  Courts 

O  o  o  0  of 


166  A  Commentary  upon  Fort  esc.ue. 

of  Law  not  as  a  ftranger,  who  by  thecourtefie  of  the  Court  has  the  beft  Seat  ^  or  as 
4  inftir.  c  io.  p.  p4rntng  Chancelloyr  to  E.  3 .  did,  to  debate  matters  of  Law  :  but  as  the  King's  chief 
"'  Minifter  of  State  to  difpenfe  the  King's  Grace  in  a  graceful  and  ma  jeftiquc  manner  . 

that  from  the  Solemnity  people  fee  iu  the  constitution  of  a  Judge,  they  may  learn  to 
reverence  him :  and  the  students  of  the  Law  may  be  excited  to  diligence  and  virtue, 
that  they  may  be  in  due  time  honoured  with  the  Bench,  as  well  as  fitted  for  it  by  the 
Barr.     But  it  follows. 

Jntroduci  faeit  Servientem  fie  tlt&ttm,  cui  in  plena  Curia  ipfe  fiotificabh  veluntatem 
Regis  de  efficie  fndiciarie  fie  vacante. 

Till  the  Chancellour  be  fat  in  the  Court,  the  Serjeant  appears  not  ^  for  the  intent  of 
the  Solemnity  being  to  magnifie  the  grace  of  the  King  and  the  office  of  the  Judge,  the 
beft  means  thereto  is  to  do  it  flen*  Curia,  when  there  is  the  .great eft  appearance  both 
of  Judges,  Officers,  and  Auditors,  which  then  being,  when  the  Chancellour  is  fat,  the 
to  be  promoted  Serjeant  appears,  and  then  the  Chancellour,  who  is  alwayesaman 
of  learning  and  oratory,  declares  the  King's  favour  to  his  people  in  fupplying  them 
with  Seats  of  Judgement,  and  with  judicious  and  juft  Sitters  on  them :  and  that  in  fuch 
t  number  as  futcs  beft  with  the  expedition  of  juftice,  and  the  prevention  of  delay ,  er- 
rour,  or  iniquity-,  yea,  who  continually  provides  againft  the  fuperfedals  of  death, 
impoceucy  or  demerit,  by  additional  Jufticcs  to  compleat  the  neceffary  and  ufual 
number.  And  this  as  an  ad  not  more  of  policy  then  good  will,  for 'tis  Voluntas  Regit 
riimustiii'pfr  that  determines  the  office  and  alters  theperfons  officiating  as  Judges  in  the  Courts  { 
*l*i""Z'r£!    and  that  becaufe  the  Courts  are  Curia  Refit ,  and  the  Lawes  are  Leges  Regis,  and  the 

ay-  Ltftm  (Mam,     -  #•     n  t  •         •     *  r         1  1  1    •     n         l  V  1 

»r.  t.fit.  11.      Jufticcs  being  fupitiarii  Regis  nothing  is  more  reafonable  and  juft,  then  that  the  King 
3  inftir.^.  i4«.     (hould  do,  as  to  this,  what  fie  will  with  his  own,  that  is,  what  he  Kinglyly  and  legally 
by  matter  of  Record  (  his  legal  will)  pleafes  to  do  with  his  own.    Which  though  it  be 
in  this  cafe  contrary  to  the  Tenents  of  diforderly  times  and  tempers,  fuch  as  were  thofc 
Temfs  H.  3.  where  the  Provifio  Magnatum  fayes  contrary  to  this  Text,  ravelling  out 
m.  ruisf.«4i.    the  good  pleafure  of  the  King  into  the  pleafure  Of  the  Subjects  •,  yet  the  very  Authour 
744'  that  relates  this,  adds  a  notable  cenfure  of  it,  as  ufurpation  upon  and  injury  to  his  So- 

vereign Grandeur  and  Propriety,  Totenimin  Anglia  Regnli,  ut  videantur  in  Anglia 
r*S'9»*  antiejuatemporarenovarii  but  enough  of  this.     The  language  of  the  Text  is  more  Law' 

and  reafon  when  it  tells  us,  the  Chancellour  does  Notificare  vtluntatem  Regis  de  efficio 
fudieiario  ftc  vat  ante. 

Et  legi  faciet  in  publico  Liter  at  pradicT-as "]  This  is  done  to  (hew  the  reafon  of  his 
coming  to  the  Court,  and  the  warrant  for  this  his  performance  in  the  Court  -,  for  as  the 
King  calls  a  man  ofworth  to  a  publick  charge^  fo  he  fignifies  this  pleafure  of  his  by  a 
publick  Inftrumcnt,  publickly  read,  that  all  may  witnefs  the  lawfulnefs  of  his  Title,  that 
being  fworn  and  placed,  Sites  and  Judges.  For  as  the  Patent  read  declares  what  the 
King's  will  is  •,  fo  the  Oath  read  and  adminiftred  which  is  that  of  18  E.  3.  fhewshim 
what  he  is  to  performin  duty  to  the  King  and  his  people,  To  the  King  he  takes  the  Oath 
crook  j  \*p.  of  Allegiance  kneeling,  according  to  the  Stat.  3  fac.  To  the  King  be  takes  the  Oath  of 
i$mc*ni.  1.  jufticc  (Ending  .-  which  done,  Cancellarins  fibi  tradet  Liter  as  Patentes  3  Before  he  be 
qualified  by  taking  the  Oaths  previous  to  his  truft,  he  has  not  his  Patent  delivered,  and 
fo  no  adroiliion  to  his  judicial  office.  For  though  the  fealing  of  the  Patent  feems  to  give 
him  jus  ad  rem,  that  is,an  inchoate  right  as  it  is  explanatory  of  the  King's  favour,  and  an 
allowance  of  his  conceived  fitnefs  ^  yet  till  he  have  teftified  his  fubje&ion  to  the  King 
and  the  Law,  and  bound  himfelf  by  the  Oath  of  God  to  be  true  to  his  truft  in  all  the 
particulars  of  it,  the  jus  in  re  commences  not,  for  that  is  perfected  by  the  delivery  of 
the  Patent  to  him  :  but  when  he  has  to  his  fubmiffion  to  the  terms  of  his  acceptance  and 
duty,  fatisfied  the  Chancellour  and  the  Court,  that  he  is  the  man  he  is  taken  for,  then 
his  Title  is  delivered  him,  and  he  enters  on  his  Charge. 

Et  Capitalis  Jufiitiarius  Curia  ajfignabit  ftbi  locum  in  eadem,  ubi  deinceps  ipftfcdcbitl 

When  the  King's  Chancellour  has  performed  what  for  the  King's  Honour  and  hii 

peoples 


P-4°i 


A  Commentary  upon  Forte»cue,  567 

peoples  good  is,  to  be  as  fair  as  prudence  and  piety  can  fecure  and  render  them  in  their 
honeft  performance  undoubted,  then  he  recedes  leaving  the  formalities  that  are  purely 
local  to  the  order  of  the  Court-,  the  Chief  Juftice,  who  is  the  chief  aftor  in  the  Court, 
then  places  the  new  Judge  (  but  here  is  nothing  prepoflcrous,  but  every  Iota  appoint- 
ed in  the  folemnities  )  m  the  place  where  he  muft  fit ,  which  being  according  to  the 
feniority,  for  I  take  it,the  vacancy  ordinarily  advances  the  next  to  it,the  Judge  is  to  fit 
there  till  he  have  room  made  higher  for  him,  by  which,  emulation  is  prevented,  and 
love  between  the  Juftices  of  the  Court  preferved. 

Sciendum  tibi  eft ,  Trinctps,   quod  J  uftitiarius  ifte  inter  cater  a  tunc  jur abit,  &c. 

This  is  a  fummary  of  the  yuramtntum  fuftitiariorum  18  E.  3.  and  itconfiftsof 
thofe  heads,  which  comprehend  the  pious  and  plenary  difpatchof  Juftice,  freely  With- 
out f  ale,  fully  without  denyal,  ffeedilj  without  delay,  which  though  it  were  declared  in 
thofe  word;,  Nulli  vendemus,  nulii  negabimus  aut  diferemus  fuftitiam  vel  retlum-,  yet 
is  more  fully  here  charged  on  the  Judges,  who  as  the  King's  diftributers  of  it  to  the 
people,    by    the  force  of  their  Oath  are  to  doc  as  followeth    Well  and  law-  vn.  M*Sn* 
fully   to  ferve  the  King  and  hit  people  in  the  office  tf  Juftice ,  to  warn  the  King  of  ch"'*- 
any  dammage ,    to  doe  equal  LaW  t$  all  his  Subjects  ,  to  take  no  regard  of  gold,  filver,  ll'„t^' 
or  an]  othtr  profitable  thing,  (  meat  and  drink^ontly  excepted  )  To  give  no  counf el  where 
the  King  is  party,  to  fupprefs  breakers  of  the  peace  and  contemners  of  the  Law,  to  main* 
tain  no  (uite  or  quarrel,  to  hearken  to  no  letters  or  commands  to  delay  or  den)  fufiice,  to 
procure  the  profit  of  the  King  ana  his  Crown,  with  all  things  where  they  may  reafinably  doe 
the  fame.    This  is  the  fura  of  the  Oath  which  our  Text  infills  on,  as  that  which  muft 
notonelybe  the  bridle  of  reftraint  to  Judges  ■,  but  the  confidence  of  the  people,  that 
they  ftiall  live  under  a  Law  fo  difpenfed  in  all  Godlincfs  and  Honefty.     For  therefore 
is  the  fpbjeft  of  England  rich,  free,  fecure,  and  what  not  that  is  emulable-,  becaufe 
his  Prince  pleafes  to  rule  by  the  Lawes,  which  Lawes  are  diftributed  by  fuch  Juliiccsas  i  Illft;r  r  a 
fear  God,  and  reverence  man  no  further  then  they  reverence  God  in  Heaven,  and  the  p.  i+«,  U7. 
Law  on  Earth,  which  is  the  true  and  during  fupport  of  Sovereignty  and  fubjedion. 

Sciendum  ctiam  tibi  eft,  quod  J  uftitiarius  fie  treatus,  Convivium  folennitattmvi 
aut  fumptus  aliqvos  non  facie t  tempore  fufceptionk  officii  &  dignitatis  fua,  cum 
nonfint  iMagradus  aliqui  infacultate  Legis,fcd  efficium  tantum  iSa  fmt  tf- 
'    Magiftratus  ad  Regis  nutttm  duratura. 

Here  the  Text  tells  us,  that  there  is  no  coft  of  Prefents,  entertainment  or  equipage 
at  this  advancement  of  a  Serjeant  to  a  Jufticeftiip  ;  and  the  reafon  why  none  there  is,to 
wit,  that  the  colt  of  folemnities  attends  Degrees,  Dignity  and  State  of  Honour  con- 
ferred on  a  prrfon,  from  the  refult  whereof  others,  attendants,  relations  and  friends  ^,'pj'i^l'u. 
are  feen  in  fervice  and  gratified  for  it :  but  Jufticcfhip  being  onely  delegation  to  an  o£  «•</«".  &  t" 
fice  executable  by  and  determinable  at  thepleafure  of  the  King,  there  is  no  Degree 'j,'™;"^,,^. 
proceeded  in  beyond  that  of  Scrjeant,but  an  additional  faculty  to  exprefsMagiftratique-  %<>»<«  f<«« 
ly  and  with  judicial  authority,  the  learning  of  Law,  that  in  the  Serjeant  was  feen  in  ^"  v'lu""' 
pleading,  and  now  may  further  appear  in  judging.  It  is  true,  in  the  Cafe  of  Bifliops  it  is  \  itftit.f.  i-k 
otherwife ,  for  though  when  they  were  Doftorated  they  kept-  Leaf!  •,  yet  {hall  that  not 
excufe  them,  but  at  their  Confccration,  they  fo  (hall  doealfo,  becaufe  they  are  ad-  Efif„fAa,,  ,# 
mitted  into  a  fuperiority  oforder,  and  have  a  dignity  of  temporary  Baronage,  though  s*«rd.,mma,m. 
not  perfonal,yet  in  the  rights  of  their  Sees,  and  are  therefore  to  gratulate  the  King's  fa-  ^TZnt'Ct^. 
vour  and  their  friends  kindnefs  in  attending  the  Ceremonies  of  their  Confecration  !with  <w '/»«  «<««- 
preparation  for,  &  entertainment  of  them  with  gloves, and  good  cheer, and  with  fober,  t"u""."  "d  Sa- 
hearty  and  generous  welcome,  the  cream,  marrow  and  Muhque  ol  all  entertainments:  irm«f.[dn,n 
butinthisofa  Juftice,   theoffictal  Improvementofa  Serjeant,  there  isnocaufe  of « >>'"fi""*ou- 
further  joy  and  triumph,   then  as  it  is  an  opportunity  to  glorifie  God,  ferve  the  King,  jL*V*«.  *. 
and  his  people,  honour  the  Law,  his  ftudy  and  profeffion,  nor  is  the  reward  of  it  more,  r.  £4* 
if  fo  much,  as  by  a  good  round  practice  is  gained  -,  And  therefore  when  it  comes  to  a 
Serjeant  of  yeares  that  lusplyed  hard  atthcoare  when  young,  and  has  feathered 
his  neft  well,  i.t  comes  very  fcafonable  to  alleviate  his  toyl  and  to  be  a  port  to  his  old 

O  0  0  0    2  age 


568  A  Commentary  upon  Fortescue. 

age  and  a  help  to  his  retirement.     Thefeare  the  motives  to  good  and  grave  mens 
inclinations  to  obfefve  the  King's  pleafure,  andtoferve  him  as  Juftices.     pride,  po- 
pularity, covetoufnefs.idlcnefs,  are  no  jewels  or  ornaments  in  a  Judge,  but  rather  the 
treacherous  Sjren-notes  that  make  the  AchiRcs  of  Learning,  piety  and  truth  in  them 
,o£  i.4.  in-    felf-felons,  acceffaries  to  their  ruine  and  defamation- which  had  Thorp  confidered  he 
flu.  cb*f-  8f.7<).  would  not  have  fo  dishonoured  the  Law,  and  his  fingular  judgement  therein  by  bribery, 
Bi*e£M*47.°f  nor  ^°"  Dc  Wrjland C\\\ci Jufhceof  the  Common-Pleas,  for  an  acceffary  in  Murther, 
or  Strtttcn  Chief  Baron ,  For  Felony-,  and  all  the  Juftices  in  E.  I .  time  ( except  Met- 
m  >  is  tingham  and  Beckjngham)  havedeferved  for  their  bribery  and  corrupti«p  to  bcre- 

"'  '' ''    '   moved  ,    fined ,  and  imprifoned  :  £lm  non  amoverentur  nifi  clartfeentibus  culfis^  as 
Matthew  Paris  his  words  (of  fome  fuch  delinquents  )  are. 

Habitum  tamen  indumentifui  in  quibufdam  ipfe  txtunc  mutabitftd  non  in  omnibus  infgni- 
is  ejus. 
The  Coyff called  the  Pileum  in  the  Roman  Stories,  being  a  Prieftly  habit,  and  (o 
by  Saint  ferom  owned  under  the  name  of  Pileolum,  as  the  fourth  kindeof  Sacerdotal 
Mh™us 'ftfal'    habiliment,  the  Judge  continueSi  fo  doth  he  bis  long  Robe  and  Cap,  onely  habitum  in 
SrrtUnr.Miiitd„.  quibufdammittabit.  Now  a  habit  we  know  is  a  token  of  Regency  in  Universities,  It's 
M«Ta'nebAdl  to  accompany  the  Hood,  when  Matters  ofArtsgoe  to  Congregations,  It  is  an  old 
ierf  «.  *!  i  4.  *  Philofophers  fhort  cloak,  of  which  I  have  written  in  the  notes  ©n  the  precedent  Cha- 
s**8»,  Hiero-    pCcrithat  which  is  to  be  added  is,  that  as  men  of  honour  in  the  Heroique  ages,  either  co- 
u™™*.  it  vt'ft  vered  not  their  heads  at  all,  (Which  is  the  reafon  why  Homer  makes  no  mention  of  Pi- 
Ssccrdouii.        Uus\  nor  any  of  the  antient  Statues  are  feen  other  then  bare  headed  ^  or  if  they  did 
cover  them,  yet  onely  but  when  need  was,and  that  with  fome  lap  of  their  garment)fo 
i*it  saimaGum  did  they  not  then  wear  covering  for  fhoulders  longer  then  neceffary,    nor  them  lon- 
t"  ratuu-t.  d  ger  then  either  cold  or  raine  required  it:  which  though  we  (now  accuftomed  to  more 
Tutneb.  ilcl'f'r*.  delicacy  and  trimnefs)  have  altered,  yet  fo  much  of  the  antique  veft  as  intimates  gra- 
«»«».  vny  and  learning  is  retained,  and  this  our  Text  makes  torefidein  the  habit  of  a  Ser- 

jeant in  Common  with  a  Judge,  who  wear  long  Robes  Prieftlike,  for  fo  the  long 
Robe  is  reckoned  39.  Exod.  22. 

Cum  Cafitie  penulato  circa  humeros  ejus  &  defuper  collobio~]    with  a  furred cape  about 

his  fhoulders ;  fo  is  the  Tranflators  readingiRobcs  were  the  belt  of  garments,  and  thofe 

that  Signified  excellency  and  State.  'And  therefore  as  they  were  long  from  the  collar  to 

the  fqot,to  import  the  extent  of  dignity  over  the  whole  perfon  of  the  wearer,according 

to  that  pattern  which  I  believe  the  Chriftian  Church'  took  for  her  long  robe,  from  thac 

%v.i,ti.  Text,  wherein  we  rcade  in  the  midft  of the  /even  Candleft'tcbj^tnt  like  the  Son  of  man, 

cloathed  Vcith  a  garment  down  to  the  foot ;    So  was  there  a  fhorter  robe,  which  the 

Prielts  wore  from  the  pattern  of  old,  pallium  fuperhumerale     v'JfQ  Exod.  28.4.  Si. 

verfes,  which  Pallium  or  fhort  cloak   fignifyed  a  veft,  panm  aut  peSefufulta,  whence 

cumas  /.Jm.c.-.  the  lining  of  the  Judges  robes  with  filk  in  fummer,  andfurr  in  winter,  hence  the 

Smi"'.!   furred  Cape,  Capitium']    anciently   mamillare  famixarum ,  aflomacher,  or  ra- 

x  ciitic.  Bibi.    thcr  a  fhort  cloak ,  like  thofe  women  heretofore  wore  ,  when  they  rode,  or  were 

M$*  .  ill,  and  yet  doe  wear  in  Child-birth,  which  is  now  worne  onely  by  Country  old  wo- 

^em.  m    0  .  men^  an(i  Country  Midwives,  which  Capitium ,  becaufeitwasaguardto  the  breaft 

c*f»fn  ftmk    and  fhoulders,  which  cabinetted  and  fecured  the  entralsof  life  and  tendernefs,  things 

nii£i™'id?m    of  fecurity  from  weather  were  called  Capes,  thus  the  Seamen  call  a  port  where  they 

€,dtm  ho.         touch  for  relief,and  put  in  for  fafety  a  Cape.  Our  Chancellour  then  by  Capitium  penu- 

latum~\  msanes  not  that  tegmen  Capitis  which  f *rro  mentions,but 
TunUa,  n^u,cafi,u„ftpu  fafhi*,  «#.     t{,at  pc„„!4tum  Capitium ,that  veft  or  loofe  garment  which  U  worne 

num.  in  rain  and  ftormes  over  the  dole  garment,    which  Vlpian  reckons 

amongft  the  garments  that  are  in  common  between  men  and  wo. 
,Z""tfrIZ"icZltumLt  u»l%  men,  and  are  ufed  indifferently  by  them,  both  cab>»*/4/,  or  as 
*d*rcndtiAcnf<,rttikvi«.  we  call  them  Caped  rockets  or  fhort  Cloaks  not  much  longer  if 

J!S5tTW«2£5S     f?  l0"g  «  the  middle;  Sever  us  is  accounted  the  firft  that  allowed 
id  vifrmtuumiiintrarwm  nt ;(»»/».     this  garment,  yet  onely  to  old  men,and  that  on  their  journeys,  and 
'^fJ'cT'rfir^^r'i.  e      8     inco|d  anc* wet  weather  •,  (a)  Tully  terms  it  penula  viattria-,  Galba 
Lt.«.fc'j.    ^*c'    '  '.*'       '         made  fo  much  of  this  garment  that  Jguiutilia*  tells  us,  when  one 

of  his  favourites  asked  him  to  bellow  his  pfuula  upon  him,  he  refufed 

to 


if  Commentary  upon  Fort  esgue. 


569 


Mat th.  Paris  in  vilis.  p.  1 15, 127. 

Olfirvandum  tit  interim  htu  cappai  Che- 
rales  dim  pellibus  variis  fitijfe  furratas, 
fnffultas,  &•  dttplicettas,  fit  dicimsts  mt»c± 
Imedtas.  G'.ofs  *i  Mauh.  Paris  i»  voce 
C*fP*. 

Millies  C appall  Cappis  Tfaiit,  nihil  prd- 
ttr  Cetmifiam  de  Sacco,  Cdteeos  de  Hove, 
tb-  Cttpam  de  C-.ltue  fecum  gerant,  M* 
Patis./>.  610. 

Cod.  Thcodof.  lib.  4.  lit.  10. 


to  do  it,  faying,  Si  non  fluit  non  eft  tibi  optu,  ft  pluit  ipfe  utar.  Pajfius  tells  us  of  many 
penult's,  the  Penula  fc  or  tea  which  the  Pegafarii  Cur  fores  ufed,  the  Penula  Gaufa-  3**ni«™  tmmM- 
fina  which  «e  call  the  Goffips  Mantle,  the  PtnnU  Orauria  which  Tacitus  alludes  to,  all  'ZJT^Zip 
which  were  feveral  habits  for  feveral  perfons  on  feveral  occafions,  fuch  as  the  Capitia  feZits  >p«s,  9«>- 
Penulata  for  the  Serjeants,  who  being  men  of  years,  wcaknefs,  and  dignity,  do  as  ^jJyF'^JT 
wellforfccurityasftate,  wear  thefe  fhort  Cloaks  furr'din  the  Cape.  From  thefe  ZZs/mZ'^. 
far r*d  Capes  on  their  Capitia  Penulatia  came  probably  Semi- copes  and  Copes  ufed  in  u  jsiaios.or*t,r. 
Cathedrals  and  Churches  under  the  name  of  Capt  Canonist.  &  Co.- 
ft  Chtrales  ■,  and  from  this  the  term  of  Fefla  in  Cappis,  which  be- 
caufe  they  were  lined  with  furr  or  filk  on  the  infide  according  to  the 
feafon  of  the  year,  the  Serjeants,  that  in  their  Robes  are  Sacer- 
dotal, continue  to  wear  Robes  lined  according  to  the  fcafons, 

Et  defuper  Collobio  cum  duobus  LtbeHis.  3  This  Collobium  does  not 
here  fignific  a  fhorc  Coat  or  a  Tabard,  like  that  we  call  Souldiers 
Mandils,  or  Mantles  of  the  fafhion  of  Coat- Armours,  fuch  as  our 
Heralds  Coars  are  -,   for  that  the  Codex  Theedof.  forbad  Senatours 
and  men  of  worfhip  to  wear.-    but  it  imports  that  Cowl  that  was 
proper  to  Monks,  Hermits,  Seuldicrj,   and  Country-men,  who  becaufe  they  were 
encounterers  with  hardships,  had  thefe  Supirhumeralia  to  defend  them.    Thus  the  s»tim.eiofs  » 
learned  Knight  underftands  thefe  very  words  of  our  Charcellour  j  and  thus  we  all  c«//»4». 
know,  that  though  theHWorCeWbcworneabout  the  (houldcrs,  it  is  the  proper 
tegument  of  the  head  and  neck.  And  therefore  fulisu  Firmicus  reckoning  thofe  that  are  M„i„tltr  4Hlt„ 
defective  and  impaired  in  health,  and  thereupon  dye,  mentions  among  others  Collsbici,  *»t  spuu,,  **i 
ihat  is,  fuch  as  by  reafon  of  infirmity  are  fain  to  keep  their  heads  in  cafes,  and  hide  them  fj^f'"^*"' 
in  a  hole  as  it  were,  lead  the  winde  blow  upon  them.     Collobium  then  was  as  a  hood  for  c'.  i*."' ■ 
warmth,fo  cum  duobus  LabeUit,  which  Lips,  longer  then  ordinary,  might  be  convenient 
to  dofe  np  that  room  in  which  their  trinkets  werecarryed.  Pert  Oratoria,x\m  in  which 
Advocates  carryed  their  Papers  j  -for  as  Priefts  and  PriefHy  men  did  by  fevere  penance  ovid  i.Umor. 
and  ftudy  portarcrngat  in  vertict  frtntis, nnd auxilium  portare  Clientibus,  fo did  they    EUs-** 
portare  fafciculum  librorum  fub  ala:    and  fo  our  Advoca'tes  ordinary  do,  faveonely  8lluft-I-c*l,l< 
Serjeants  and  the  great  (within  Barr)  Counfel }    for  thefe  have  their  Baggs  carryed  by 
their  Clerks,  but  ofold  'twas  otherwife.    For  as  the  Collobium  was  ufed  for  the  Head- 
cafe,  fo.the<i»e  Labellt i joyned  to  it  might  render  it  capable  to  be  ufeful  for  ftoadges. 
And  thus  in  the  habit  and  fome  other  folemnities  the  Serjeant  and  the  Doftor  of  the 
Lawes*  agree,  and  little  or  no  diffimilitude  is  between  them  ■,    for  though  the  Serjeant 
has  in  England  more  Honour  then  the  Dcxftor  of  the  Lawes :    yet  the  Do&or  of  the 
Lawes  is  more  generally  honoured  and  owned  in  the  World,  becaufe  he  isaProfeflbr 
of  the  Lawes  ot  the  Continent,  when  the  Serjeant  is  onc'.y  of  the  munkipe  local  Lawes. 

Sti  fufiitiarius  faltm  Chlamyde  inducetur  firmata  fuper  humtrum  ejus  dtxtrum, 
ctteris  Ornament  it  Servients  adhuc  pcrmancntibnt. 

As  the  office  of  a  Juflice  is  art  advance  to  the  State  a  nd  Degree  of  a  Serjeant  in  the 
perfon  of  the  Officer  ■,  fo  is  there  an  advance  in  the  Nobility  of  that  Veil,  which  in  a 
Juflice  is  fuperadded  to  that  of  a  Serjeant.  The  Long  robe  and  Cap,  the  Hood  and 
Coyff  are  tbe  fame,  and  the  colours  of  black,  purple,  and  fcarlet,  for  the  refpeftive 
dayes  are  the  fame  •,  but  the  Chlamjs  wliich  the  Juflice  has,  makes  the  difference. 
Now  this  Chlamjs,  SuidasaWs  '1/mLvov  r?*m»7jwr,  a  Military  Garment,  and  he  fay es  Saidiiin^"rl"- 
Numa  was  the  founder  of  it,  who  learned  it  from  the  Albanians,  whom  he  being  Victor 
of,  and  liking  their  Veft,  from  them  ufed  it.  It  was  called  by  the  ub.r..  De  l,»£«* La,ina 
Romans,  Palndamthtum  •,  and  Fiirrefayesit  had  its  name,  quod  qui 
ea  habent,  conlpiciuntur  ac  fiunt  palam  :  to  this  Seneca  alluded 
when  he  fayes  He  does  not  look,  upen  men  for  their  gaj  Garments  and 
rich  Apparel ;  but  accounts  of  them  as  he  believes  their  mindes  are 
crowned  with  virtue  and  tinned  With  generoftty,  and  the  noble  and  vir- 
tuous pride  of  we  11-  doing.  This  Chlamys  Imperatoria  was  that  which 
the  (a)  Roman  Chieftains  put  on  when  they  led  forth  their  Armies, 
as  the  Toga  was  their  garment  in  pcacc,when  they  flayed  in  the  City, 


Shutramus  auid  tptime  faciutnt  not)  quid 
ufitatifiimHm.  &  quid  not  in  pojfefttone 
jelicttatij  Mernte  conjluuat.-non  qtudvulgoj 
veritttii  pefime  interpret!,  prehntum  fit. 
Uttlgnm  atttent  tarn  Chlamjdatot  cp*sm  Co- 
roneto  voce  ;  nen  enim  colotem  veflium  tini- 
Ims  pr4texta  ctrpor*  fitnt  ttfi-Uie.  omits  de 
homtne  nen  credo,  imbn  certmt  melimatte 
lumen,  tjtto  a  f&lfis  vera  dijudicem.  Se- 
acc.de  vittt  beam.  c.  z. 

(*)  Fornerius  *d  Letem  loo.  p .  a  J*. 


Virgil 


/ 


57° 


A  Commentary  upon  Fortescue, 


yirtil  defcribes  P alius  by  this, 
Aneid.8.115.  »  ,  Ipfo  agmine  Fallot 

In  medio  Chlamjde  piftit  ccntfeftut  in  amis. 

This  Garment  after  grew  fo  requefted  that  every  Nation  had  of  them,  andthofeof 
diverfc  forts  :    hence  it  it  that  we  read  of  Chlamjs  aurata,  croeea,  par  f  strata,  intexta 
varis*  coloribus ;    alfoof  \he  Chlamjs  Fhrjgia,  Sidenia,  Spartana, 
Tjria  :    yea,  all  the  Roman  Emperours  and  Military  Magiftrates 
gloryed  in  it,  as  in  that  which  was  the  very  xfnteMv  and  fpecificati- 
onof  abfolutenefsandMajefty,   fo  Eutropim  fayes,   n^-nfj*  A  7» 
Si*.p ifov,  &c.  7"W/^cii>/"^^?»e/Maximinian'/  abfolutenefs  wot  hit 
rich  Cajfock,  or  rather  Robe  ■,  fo  of  Caligula  'tis  faid,  He  put  on,  XX*. 
niJk.mv*.lM  aLhYfyri,  a  filleju  purple  Robe  fiudded  with  precious  fines  -, 
fo  the  fame  Authour  tells  us  of  VitiBius,  That  he  wot  on  a  Kingly 
well-mounted  Htrfe,  adorned  with  a  rich  purple  Chlamjs  ■,  fo  Severn* , 
Antoninus,  Carat  alia,  (a)  Maximinus,  (b)  Honorins,  and  Thtod*~ 
fius,  are  floryed  to  wear  this,  which  originally  (according  to  (r )  XI- 
philinus)  was  a  Greets  Vcft :  but  Caffiodore  fayes,by  Diocleftan  it  wa* 
firft  introduced  in  the  Embroyderics  of  gold  and  precious  ftonei, 
and  the  reafon  that  he  would  have  fucb  a  glorious  Veil  was,  becaufe 
he  would  be  accounted  a  God,  and  as  fuch  adored,  Cum  ante  turn 
onirics  Jmperatores,iic.  when  before  him  alt  the  Emperours  Vre  looked 
upon  and  fainted  at  Judges,  and  had  nothing  to  difting-  ijh  them  from 
the  habit  of  Citizens  but  their  purple  Robe.    From  thefe  and  the  like 
inftances  and  received  cuftoms  have  the  ufe  of  the  Chlamjs,  which 
was  firft  Military,  then  Imperial,  and  thence  Judicial  and  Magiftra- 
tique  ( in  not  oncly  primary  but  fubaltern  and  derivative  Magiftra- 
cy,  as  is  that  of  the  Juftices  here  in  the  Text )   been  derived  to  us  - 
and  not  onely  been  the  diflinftion  of  them  when  living  and  fitting 
sttna  scipionii  on  their  Benches,  but  alfo  their  Ornaments  .and  honourable  Flemerobrances  when 
rT  Cr! Fubtio  in  tncir  8raves  •'   w'tnck  tne  Sculptures  of  the  Roman  Statues  Chlamjdated,  and  of 
p,/Jm>i6."     ourKniglts  and  Judges  in  their  Pictures  and  Monuments.      Now  this  Chlamjs  is  in 
our  Text  faid  to  be  firmata  fuper  humerum  ejus  dextrum,  1  to  tell  us,  that  Judgefhip 
Humeri,  Tfimfuk.   is  a  thing  of  burden  to  an  honeft  man,  and  one  that  makes  confeience  to  know  and 
frfmm.  o»r.     perform  his  duty  .,   and  that  he  that  buckles  to  it  had  need  to  lay  his  right  fhoufder, 
vt  S  7%u.  n"  ^  abilities  of  minde  and  body  to  difcharge  it  wifely  and  fully.  Hence  it  is  that  Si- 
ms diandttt,  *»■  pontinus  derives  humerus  from  Humus,  becaufe  as  the  ground  complains  of  no  burthen 
mm  fuftirurtt.     tj,at  j$  jj^  Up0n  jt)  j,ut  fUpports  it  becaufe  it  felf  is  of  folid  fubftance  •,  fo  a  good  pub- 
cic^r.  mi  oi      ijck-fpiritcd  Heroique,  whom  God  has  endowed  with  parts  and  piety,  goes  thorough 
flitch,  as  we  fay,  with  his  duty,  and  having  put  his  /boulders  to  the  joke,  flinches  not,  but 
is  firmatus  fuper  humerum  dextrum,  that  is,  goes  on  in  his  work  indefatigably,  as  if  he 
t.  '/*'"''  vrcrcmfpvey}wrJi&;  as  our  Lord  fefus  is  faid  to  be  fo  adapted  to  it,  *  That  the  Go- 

futmvu  pur  fit  vernmentwhichwat  laid  upon  hit  fboulders,  he  bore  up  valiantlj  and  viHoriouJly.  A« 
\t^Tml"r>»l  *ur  Ju(*gc  raHft  Pray  an<*  endeavour,  he  ( according  to  his  proportion  and  ability )  may, 
fufimcndHm.Yot-  that  the  Magiftracy  he  has  virtute  Chlamydit  data&  impotstx,  he  may  pemgere  digue 
&  debite  without  any  gap,  chop,  or  breach  in  juftice ;  for  therefore  is  this  Chlamjs 
clofed  on  his  right  (houlder,  that  he  may  learn  to  be  alwayes  uninterruptedly  coura- 
geous for,  and  in  the  truth  :  and  thac  the  firmnefsof  his  faith  in  God  and  to  the 
King,  may  appear  in  bis  fervice  of  them  both,  and  their  people  for  their  fakes,  with 
might  and  main. 

Except!  quod  firagulata  vtfte  aut  color's s  bipar tit's,  nt  potcfl  Servient  fujlitiarssis, 
nen  utetur,   &c. 


Valet.  Uw.  i.  it 
Cuffo. 


Cum  ti  ttllum  nit  Imfirttn  tcUBi- 
rn  mutnvmtnt  vifim  &  fit)**  incinmu 
not,  itcaur    frtfiafii  pnlndatni.    VariO 
tit.  6.  Dt  U*f*.  L*titM. 

XmUri,  lib.f.    f.  H7-    **'•  Svl- 

Xiphit.  Epitom.  Di»nis  in  Caro  Cali- 
gula, p. 1*9-  f 

*£f  ?***  ttttiximt  (j,  c#  xK*~ 
,xvA  wff«ff.  /*  Vitellio.  p. 
311. 

In  Se«ero.  p .  408. 

In  Caracal! a.  p.  4*?. 
Herodianus  in  Severe  p.  5*4- 
li.mtn  Catacalla.p.  s**- 
f*'Herodian.«.7.<»Maxin>.  p.  55>5- 

(i.)  Zofimus  /.*.  $.p.  *°9-  t 

Commodo  p.  382. 

Caffiodor.  in  Cnrmicii.  p.  «i3.   Sdit. 

Sylbu'g-  J    _ 

Jomandes/ii.  1.  Dt  tgntr.  &  Tim. 

tor.Sucufi.  p.  <Si. 
Xipiulinus »«  £/«/».  Dionis.  />.4i». 


ncr.  in  If  9. 6. 
Grotius  m  E\tin. 
=8.,  3. 


Serjeants  alwayes,  till  within  this  late  time  of  diftraftion,  I  think  wore  their  p.irty- 
colouttd  Robes,  and  their  Attendants  party- Liveries,  for  the  firft  year  after  they 
were  Serjeanted-,  and  that  not  as  a  token  of  diminution,  but  of  their  tendernefs 
and  new  entrance  on  their  State  and  Degree.    Genef.  xxxvii.  3.  'tis  faid,   Jacob  loved 

'  "...     7«M 


A  Commentary  upon  Fortes  cue.  571 

Jefefh  more  thtnatihii  Children,  and  he  made  him  a  coat  of  man]  colours.     And  this  was  TnuctrnfOpA. 
done  not  onely  to  comply  with  the  nature  and  humour  ot  youth ,  which  delights  '™c Z/t^'',». 
in  variety  and  novity,  in  which  regard  that  allufion  of  Pliny's  may  not  be  impertinent,  »««»,  foritm. 
That  every  egg  of  birds  is  party-coloured,  Vohich  fignifies  youth  to  be  an  unfettltd  thing,  fj^'f'  FagU 
this  and  that.and  neither  yet  either,  tire,  but  alfo  to  inftrud:  us,  that  party-colour  in  om„."v*mvoi». 
garments  fignifies  honour  and  viclory,  fo,  To  Si/era  a  frej  of  divers  colours,  a  prey  of  "*mi>>c*l"< .to- 
divers  colours, of  divers  colours  of needle-work^,  on  both  fides  meet  for  the  neckjef them  that  c  ",_ 
tal^e  theffoile.  In  which  words  there  is  not  onely  •""'OP^  veft*  Phrygionica,  that  em-  '^i"  %.  30. 
broydery  in  many  colours  fet  out  to  the  life,  which  makes  the  garment  glorious,  gau-  *££$£'£ 
dy,  and  delightful,  of  which  the  Prophet  Ezeltitl  and  other  Scriptures  fpeak;  but  *.  27.14.  ^M 
that  party. colourednefs  thatisby  tin&ureordye,  as  the  Rabbins  expound  this  place  45-,-5* 
by  vefiesfaila  diver  [is  ffeciebus  colorum  ,  fo  VOii  fignifies:  For  though  the  Plural. 
J/HS  fignifies  what  has  as  many  kinds  ofcolours  as  there  are  dayes  in  the  year,  yec 
in  the  Singular  it  fignifies  onely  vary-  colours. 

£>»ld  in  FtJUt 

Stragulata  veftis  colons  bipartitt]  Though  our  Serjeants  colour  is  black  and  purple,  ««"/m7«<'»«<'« 
p  arty  per  pale  -,  yet  ftragulata  veftis,  is  in  Authors  any  thing  that  is  rich  and  delight-  f<™z*lt"«  *«*■»*• 
ful;  Stragula  ]  *  genus  veftis,  five  quicquidvel inflernitur  leSo,vel  eau$,velaliirei  j  *  vali'i  to.rf. 
foTttSj  alfo  computes  y?r*£«/*tej  w/«  amongft  the  greateft  jewels,  and  (a)  Livy  4  -  '•  *"• 
fo  Budaus  tells  us,  that  tapetes  &  tapttia,  tapiftry  as  we  call  that  part  of  rich  furni-  fUZm™/'** 
tore,   was  brought  by  the  Army  out  of  Aftax.0  Rome,  and  accounted  an  advance  to  "X">»-«s»r»,p»r- 
the  luxury  oiRome.  Whereas  then  our  Textufes  ftragulata  vtfris,  for  bipertiti  coloris  C;*» '*Mdu7»j 
veftis ,  it  is  not  to  fignifie  as  if  Serjeants  vefts  were  like  Heralds-Coates,  embroyder-  fem"/»rjH£  ' 
ed  with  filk  and  gold,  but  were  onely  of  two  different  colours  of  cloath,  to  fignifie  ^"*i*Um-  Fe- 
rris initiation  by  gravity  and  learning  into  grandeur  and  luftre.-  and  thus  fable  and  pur-  £'C,'£Vcrt' Ii7* 
pure  make  a  fair  difplay  of  a  Serjeants  qualifications  futable  to  his  truft,  Learning  and  (")  Liv-  4-  "*•*' 
Generofity;  by  the  one  to  know  what  juftice  and  honeflyis;  and  by  the  other  to  be  Mwed-54- 
enabled  with  courage  and  refoluriqn  to  ferve  and  propagate  them. 
,  This  then  being  a  Companion  and  Emblem  of  incipiency  and  meer  entrance  and 
Frefhmanfhip,  as  1  may  fo  fay,in  the  State  and  Degree  of  Ser  jeancy,  the  Jufhce  is  not 
to  be  alloyed  by ,  and  therefore  the  enfign  of  it  not  to  wear,  Juftitiarius  m»  utctur  ] 
faith  the  Text. 

Capitium  ejus  nan  alio  qnam  Mtnevlrt  penulatnr "]  This  is  another  difference-  as  the 
Serjeants  Cape  is  lined  with  Lambskin ,  which  is  in  token  of  tendernefs :  fo  the 
Juftices  is  with  Xtenever,  that  is,  as  I  take  it  either  the  skin  of  a  little  beaft  bred  in 
Germany,  or  of  a  Rnftiaftfuirrel,  but  it  is  that  which  is  fpent  in  lining  hoods  and  gar- 
ments of  graduates  in  arts,  as  black  and  yellow  furrs  are  for  the  linings  of  Liveries  of 
Men  of  Societies  and  My  Aeries.  With  this  Mtntvtr,  as  the  Caps  of  Judges  and  men  of 
honour  were  lined,  fothe  attires  of  Ladies  and  perfons  of  quality,  as  fomewhere  I 
have  feen  in  an  ancient  Pifture. 

J%u/tlem  habit  urn  te  plus  ornare  optarem  cum  pott  ft  as  tibifuerit  ad  decor  tm  fiat  us, 
Legis,  &  honor  em  regni  tut. 

This  claufe  is  infinuative  to  the  Prince  why,  and  upon  what  reafon  Formalities  were 
eftablifhed,  and  civil  Ceremonies  firft  nourifned,  to  wit,  in  order  to  the  great  and 
more  confequent  ends  of  ftability  and  government.  For  as  hedges  of  thorn  and  bry- 
ars  preferve  fields  of  Corn  and  Grain,  and  locks  of  Iron  on  doores  of  Wood  defend 
Carkanets  of  jewels,  and  Treafurics  of  gold,  as  Souldiers  that  have  hardly  a  tatter 
(  as  we  fay  )  at  their  breeches,  protect  rights  that  have  Kingdomes  depending  on  them, 
and  farthing  Candles  help  men  to  finde  a  gemm  that  is  invaluable,  and  without  them 
would  be  loft  -,  fo  the  little  things  (as  they  are  thought)  of  forms  and  methods,  habit* 
and  proceedings,  doe  fo  conduce  to  the  greater  and  nobler  parts  and  portions  of  ad- 
miniftrative  prudence  and  virtue,  that  without  them  and  "their  punctilio's  in  every 
thing  duly  obferved,  Errors  and  Inconveniencies  will  enfue.  This  is  the  reafon  our 
Chanccllour  mindes  the  Prince,  when  God  (hall  doe  well  with  him,  to  doe  well  by  the 
Law,  not  onely  in  the  greater  and  more  confiderable  matters  of  feeuring  it  from  ail 

enchroach- 


■Romans,  tvnimtn- 
turn  iigrtitttii, 
Clc. ».   DiFini- 
tut. 

Our  Chan- 
ce lour  it 
worth]  of  ad- 
miration, t- 
ven  f»r  this, 
which  is  4 
fubliauefpi 
rite  ' 
bectmi 
Gentleman. 


Ll'aue  hi-  ™"CH    tic  comes  into bts  Kingdom,  ana  to  jet  one  donoj 

.   j  ,r!L,D  t  her  at  his  left  in  the  glory  of  his  refiitution ,  no  fu< 

te  *  r  *  *°u'      w  ^e  'n  l^c  wor<*s  d'fcover  i  ^t all  that] 

C'7l    m  Counfellour  and  Father  to  his  youth,  fo  winnowed  and 


571  A  Commentary  upon  FortescuI. 

encroachment  upon  it ,  but  alfo  in  the  very  circumftantia!  and  ritual  appendances  (0 
it,  ejHMlem  habxtum.  tt  plttsomareoptarem  ]  and  that  not  fo  much  for  love  to  mee, 
your  Chancellour  who  have  followed  your  misfortunes  anddifaftcrs,  and  refolve  to 
live  and  die  your  Votary ,who  though  now  a  Banifhed  Pet fon  from  the  Bench ,  and 
from  the  Countrey  I  love  becaufe  1  was  born  in  it  -,  yet  cannot  but  wifli  well  to  the 
ci  /<x«m»-  Law  ray  Qudy,  to  the  Profeflbrs  of  it  my  Companions,  whom  1  would  befeech  you  to 
niiia  favour  highly,  and  in  all  things  to  promote,  defendere ,amplificare  &  ornare ,  as  Cicero's 

cie.>.  Dtf,ni-  nmfanentgHijicifftiusdKgere&erntreasihehme  Authour.  I  fay  Our  Chancellour 
rt'„  itaiue.  fir-  does  not  here  barely  defire  their  cfteem,  but  fomcwhat  more  dterttit  ornare,  to  declare 
^Z'TS^fi  ^vours  to  them  by  Vavs  ,%/Edificare  &  ornare  claffes,  to  enlarge  the  borders  and  boun- 
daries of  houfes  of  Law,  and  to  make  the  habits  of  Lawyers,  vcftitum  pnlcherrimnm, 
&  omatum  Regaltm  ,  to  account  the  profeflbrs  of  the  Law  as  the  Oiator  did  Eloquent 
men  of  his  time ,  The  Flower  of  the  Nation,  the  Firmament  of  the  Roman  Jplendor  , 
the  Ornament  of  the  Cities  Dignity  ;  This  is  the  generous  temper,  and  fuperefflucnt  ca- 
taraft  of  his  love  to  his  profeffion  and  ftudy  beyond  any  private  and  narrow  emolu- 
ment of  his  own.  For  He  prefents  not  to  the  Prince  his  Fidelities  and  Sufferings ,  his 
Eclipfes  and  hazzards,  his  Relations  and  Countrey, whom  for  his  Sovereigns  fake,  he 
has  quitted  and  is  dubious  ever  to  fee,  He  befeeches  him  not  to  remember  his  Family 
Vrhc n    He  comes  into  his  Kingdom,  and  tofet  one  Son  of  his  at  his  right  hand,  and  ano- 

no  fuch  mercenary  fallies  of  a  mean 

He  remembers  him  of  as  a  grave 

and  chaffed  to  and  fro  by  the  E»rt- 

eljdon  ofa diftra&ed  Nation,  a  potent  Antagonift  in  a  poflefled  Throne,  and  his  donbt- 

otm.  ^.Miione  ful  vlftory  over  f,j,  prcfenc  difluftre,  AH  that  I  fay  he  craves  of  Him,is  that  he  would 

ot«.  y  »  Gati-   make  thc  Law  which  he  counted  lumen  &  ornamentum  Reipublic*,*iTu8y  (tiled  Hor- 

tenfim,  in  all  the  Ceremonies  of  it  honourable,and  the  habit  of  it  Honoris  ornamtnta, 

monnmenta  gloria  &  laudis  infignia.AS  the  Orator  faid  againfl  Catilin.t\rA  this  he  docs, 

not  from  a  Ipirit  of  oppofition  or  in  remora  to  the  confpicuities  of  other  artifts^  bat  as  a 

brave  and  true  fpirited  Englifbman  pro  bono  publico  tth\s  (faies  he)  will  make  men  efteem 

well  of  the  Law,  and  the  profeflbrs  of  it,  &.  omatiffimam  de  Hits  fententiam  dicere,  as 

the  Orator'j  words  are,  and  this  comes  to  our  Texts  ad  decor  en  fiat  us  Legis ,  that  men 

by  the  honours  and  riches  they  attain  to  by  ftudy  of  the  Law,  may  be  invited  to  apply 

themfelves  to  it,  and  acquire  excellent  knowledge  in  it,  and  in  the  Conclufion  fill  the 

Nation  with  learning  and  skill,  which  accompli  flies  that  which  the  Chancellour  here 

Erefles,  honorem  regni.  Thus  the  Chancellour  evidences  in  his  advice  to  the  Prince  , 
is  love  to  the  Law ,  which  yet  as  a  wife  man  he  defires  not  exhibition  of,  till  a  fit  fea- 
fontofhewit  felfin,  is  effectually  adminiftred.  He,  Good  man,  is  not  all  agog  ,  for 
he  has  learned  patience  and  fubmiffion  by  the  things  he  has  fuffered;  but  refolvcs  by  a 
holy  and  humble  obfequioufnefs  to  ferve  Providence,  andiubmit  to  the  Regency  of 
it.  Therefore  while  he  fliewes  his  Love  in  this  Ad  vocation  for  the  Law,  he  alfo  ma- 
nifefls  his  fubmiffion  to  God  for  the  time  when  his  pleafure  fhall  moft  advantage  it  feif 
in  the  difcovery  of  it,  fo  it  follows. 

Cum  pott fias  tibifnerit~\  Thofe  are  his  modeft  limits.  Princes  as  well  asSubj'e&s 
are  in  and  under  the  power  of  God,    and  he  will  have  his  will  on  them  as  well  as 
on  meaner  men ;  for  they  arc  all  but  clay  in  the  hand  of  the  V  otter  ,  and  the  veflel  he 
makes  to  honour  is  but  flill  a  veflel,  the  work  of  his  hand.     *  I.is  not  for  us  wormes  , 
who  crawl  on  a  foyl  of  duft,  and  are  bufied  in  a  World  full  of  fhaddowes  and  fnares , 
toftandupontermes,*and  be  di&atorianly  haughty.  God  that  is  above  us  can  worry 
our  folly,  and  launch  our  Tympany ;   yea  and  with  the  humorous  matterjet  out  alfo 
the  lifc-bloud  of  our  beings,  and  then  what  are  we  ?  O  what  a  madnefs  is  it  to  fret  and 
fume,to  facrilegiously  rcfolve  not  to  wait  upon  the  Lord  any  longer.  Such  arrogant  Neb** 
chadHez*Ars,w/ho  raunt  and  rave  in  their  Sultamjb  bravado's, and  confult  not  withGod, 
build  on  tottering  foundations  that  fhatter  down  in  a  moment,  and  the  place  of  them  is 
no  more  known.  Better  and  firmer  is  that  foundation  which  is  laid  on  faith  in  God,  and 
obedience  to  God  wch  rcfohnes  to  wait  tillGodreturn  and  have  mercy-,   and  when  that 
feafonofhisiscomc,  then  welcomes' and  walks  worthy  of  it.  This  is  the  fcope  of  our 
Chancellours  cum  poteftas  tibi  fuerit  J  For  his  purpofe  being  to  prefs  upon  the  Prince 
.  courageous  Prudence  and  generous  Patience  under  his  prefent  condition,  when  he  pre- 
fents 


Crm.  fr,  D»m> 
fit*. 


A  good  Mo- 
nition'' 


A  Commentary  upon  Fortescub.  573 

fents  the  Law  and  its  artifts  at  meet  ob  jects  of  his  favour  and  kindnefs,  and  wifhing  his 
benefaction  to  them,   as  meet  to  promote  the  main  defign  of  Government,  Peace,  and 
Order,  Religion  and  Learning,  Induftry  and  Riches,  he  fo  intends  his  advice  to  take 
place,  as  God's  providence  in  the  favour  of  a  worthy  lffue  to  his  adventures  fhall  per- 
mit ;  for  till  God's  ii  w  is  come,  all's  but  talk  and  buflle,  vanity  and  vapour  that  is 
put  on  by  the  fpurrof  the  kecneft  mettle,  and  laid  a-foak  iin  the  ripeningft  prudence 
and  the  moft  effectual  conduct.     Men  may  pray  and  project,  forme  and  fight,  but  can  petrus  Ctinitus 
never  overcome  their  fears  and  obtain  their  wifhes,  "till  God's  counfel  be  anfwered  in  hi. ,-.  ,.  ,."& 
every  punft  of  it :    and  then  his  figure  has  all  the  perfection  that  weight  and  meafure  *»>"/•*  *•£¥<"»• 
can  accomplifhitby.     For  as  in  the  computation  of  life  there  are  foure  iALr*s,  the 
Spring  of  Childhood,  theHigh-fummerof  Youth,  the  Autumn  of  Manhood,  the  Win- 
ter of  Old  age,  and  each  of  thefe  have  their  proportions  of  the  fumrae  of  life,  dividing 
the  eighty  years  of  man  into  four  twentyes,  aud  allowing  to  each  pafs  a  twenty  years,  lf"  fimmp^ 
before  the  abfolving  of  which  no  ordinary  avenue  is  poffible  to  the  priviledge  and  T,"i wT'wnm 
benefit  of  the  gradation  that  is  before  it  ^    fo  in  the  feries  of  God's  operation,  which  is  «»/»» #/?,  « ji 
infallible,  there  is  fuch  an  exact  harmony  and  Sorites  of  concurrences,  which  are  not  to  "kF^""rJ'r/'' 
be  abated  or  promoted  beyond  the  proportion  of  God's  endowment  and  fituation  of  senec.  it »/«  fiu 
them,  that  there  is  nothing  more  to  be  done  ia  the  entertainments  of  God's  pleafure  ('"""■  P-  ?**• 
in  productions,  then  to  be  lubad  incur  mmiks  to  God,  and  to  be  thankful  that  he 
gives  time  as  the  feafon,  and  men  as  the  inftruments  to  their  production. 

Scire  te  etUm  cupio  <\uod  fttftitiarii  Anglia,   &C 

Here  in  the  promifcuity  of  Titles  (  fiiflitidrii  AnglU  here,  as  well  as  fnftitiarii 
Regis  in  the  former  Chapter )  our  Text-Mafter  (hews  the  unity  and  infeperablenefs  of  ^»p»«/»  ^*« 
King  and  Kingdom,  both  which  make  up  but  one  and  the  fame  great  Good.which  com-  '^""VHlim 
pleats  the  Head  and  Members  of  Government  and  Order.     And  therefore  as  reffetlu  ^«  w  "sm,u. 
fant*lit*tis  the  Juftices  are  the  King's,  for  he  onely  does,  asheonely  can  commiffio-  x«"»jr«*A*..tj 
nate  them  to  judge  the  people.whofe  the  people.they  be  to  judgc,are  •  and  that  by  the  st™' warrant, 
Law.whofe  the  law  they  arc  to  ju3ge  the  people  by, is  :  fo  refpetiu  toilkmk  &  finis  the  V*&\ i»nptnn. 
Juftices  are  the  peoples.that  is.dirtribute  juftice  in  the  place  of  the  King  for  the  peace  ™'"  Z*J,ff?' 
of  the  people.which  circuraaction  of  appropriation  in  this  reciprocal  line  of  endearment,  «»7lXi.  "j4. 
tyes  that  Gsrdian  knot  that  nothing  but  neceffity  unavoidably  can  loofen  or  diflblve.  ?'  lH^t,iri»  d> 

Ncn  fedent  in  Curtis. "]  That  the  Juflices'  fit  argues  their  authority,  that  they  fit  in 
the  King's  Courts  difplaycs  and  declares  the  publicknefs  of  it  ■,  but  that  they  fit  not  *bove 
three  hours,  and  that  in  the  firft  and  clear  part  of  the  day,  when  there  is  time  to  pre- 
pare for  the  Court  before  it  fets,  and  to  dtfpatch  the  fubfequent  bufinefs  in  the  After- 
noon when  the  Court  fits  not,  is  contrived  with  great  prudence.  For  Lawing  if 
not  the  Totum  Regni,  but  the  plough  and  the  Ax,  the  Shop  and  the  Barn,  the  Field 
and  the  Market  is  to  be  tended  as  well  as  the  Study  and  the  Barr.  Therefore  as  there 
are  but  certain  times  which  are  called  Terms,  wherein  the  Courts  of  the  King  fit,  and 
by  them  caufes  in  difpute  can  be  determined  :  fo  are  there  in  thofe  Terms  certain  hours 
intheday,  in  which  onely  thofe  Courts  fit  to  hear  caufes,  which  hours  are  the  hours 
that  are  neither  fo  early  that  weak  and  fickly  perfons  cannot  rife  at  them,  nor  men,when 
they  rife  be  without  deep,  and  drowfinefs  not  (haken  off  them,  fit  prefently  to  come  to 
the  Court:  but  they  are  the  three  middle  hours  in  the  fore-  noon,  which  in  the  time 
precurring  fhem,  gave  way  to  devotion,  and  preparation  for  the  Court  by  confuta- 
tion with  Counfel  before  the  Court  fits,  and  takes  the  wits  of  both  Clyents  and  wit- 
neffes  in  their  coolncfs  and  keennefs  before  they  be  loaden  and  furcharged  witbvifce- 
ration,  which  the  anteceffion  of  meat  burthens  the  After-noons  hours  with.  I  fay, 
the  order  of  the  King's  Juftices  fitting  thofe  hours,  from  eight  to  eleven,  that  is,  from 
that  time  more  or  lefs  as  emergencies  require,  (  for  ftrict  minutes,  no  nor  hours  in  this 
cafe  are  precifcly  flood  upon,  that  Maxim  of  the  Law  being  true  here,  A f  ices  Juris 
inn  funt  fur*, )  argues  a  prudent  appointment  of  experience  to  avoid  the  temerity 
and  drowfinefs,  the  indifpofition  and  unfitnefi,  that  After- noons  clogg  difpatches  with. 
For  though  as  to  .Formalities  and  Entryes,  as  to  matter  preparatory  to  Tryals  and 
Courts  of  Law,  the  £  Hows  of  Afternoons  do  well  •,  yet  at  to  the  judicial  and  wife 
determination  of  affairs  of  life,  reputation,  andeftate,  the  Morning  judgement  is  moft 

P  p  p  p  fubtile 


574-  ^  Commentary  upon  Fortes  cue. 

fubtile,  fincere,  and  undifturbed :   which  is  I  believe  the  reafon  that  the  chief  fervice 

and  devotion  of  the  Church  was  ever  accounted  her  Morning  Exercife.     And  furely 

if  the  Morning  had 'not  been  as  Mufis  amitaioVcvmtni,  David  would  never  have 

t/w.ijo.*.       attributed  fo  much  to  the  Morning  as  he  doth,  Thou  flalt  hear  me  in  the  Morning,  In 

f/i/.'?j.  ».         tHe  Morning  VeM  I  direel  mj  prayer  nnto  thee,mr  would  he  fpeak  fo  much  of  God's  loving 

Y/ki  j!V.  HW' '* the  Morning,  if  he  did  not  attribute  much  of  furtherance  to  fandiry  and  fe- 

c»m  i<Mi>t  /*-  riousnefs  to  the  Morning.     Now  the  Morning  being ,  i n  a  large  fenfe,  any  time  before 

ti  niTiiom'TZ  noon,and  arguing  fobnety  and  freedom  from  repletion  and  luxury ,  which  declines  pru- 

t^mm%ZcZ'  dencc  of  fore-caft  and  deliberation,  the  hours  here  limited  though  but  3  in  number,  yet 

wuvirfisi  Hew  being  in  the  beft  and  cleareft  time  of  the  day,  are  enough  to  difpatch  much  bufinefs  in ; 

lib.  1.  *.  17.         efpCCiaiiy  considering  the  Judges  are  aged,  whofe  infirmity  as  it  often  difables  them  in 

their  decay  »f  ftrength  and  tenacity  to  fit  long :   fo  after  meals  do  the  fame  infirmities 

engage  them  to  repofe,  and  therefore  faith  our  Text,  Curia  poft  meridiem  non  tenen- 

5ri!£rc.f$l  tnr.  j  For  as  there  are  Dies  non  furidici  (  as  before  I  faid  )  not  onely  every  Lords  da?, 

tutiim-BMm.      but  fome  dayes  in  every  term  •,  foare  there  Horaf uridica  &  non  f  uridica,  which  our 

*i*tf9t"t°i*  Text  warrants:    whofe  Authority  the  great  *  Chief- Juftice  quotes  in  the  very  words 

wt/im.  f.i«$.     of  our  Text. 

Sed  Placitantes  tunc  fe  divertunt  ad  pervifum  &  alibi,  tonfulentes  turn  Servient ib m 
ad  Legem  &  aliis  Confiliariis  fuis. 

This  refcrrs  ( not  to  the  Pleaders  repairing  to  the  Pr  rf«yi-Exercifes  of  Acadcmique 
s.iin  notes  on  Origen,  the  fame  in  Law  that  thofc  Exercifes  in  Oxford  are,  called  Pervijia,  or  fittings 
this  51  chayt.  general  in  the  Scboles  in  the  After-noon  (which  Mr.  Selden  fayes  he  understood  firft  ouc 
of  Mr.  wakes  Mufa  regnantes )  and  to  which  not  onely  young  Lawyer*  repaired  to 
?niffif*ifi«n-  learn,  but  old  Serjeants  to  teach  and  fhew  their  cunning,)  I  fay,  this  claufe  turns  us  not 
tuU  opbtHr  ■««  t0  tnat  pervife,  from  whence  the  little  place  (  whereof  teaching  of  Schole  was j  in  the 
*^r.b?,M!u£u>  lower  part  of  the  Church,  was  called  Pervifium-,  but  this  referrs  to  the  confutation 
««■««.!  ven°d„.<  that  Clyentsufe  to  have  with  their  Counfellour*  and  Serjeants  about  their  Pleadings, 
m  ftrutfio  i>i><ui-j,  g-||s^  Demurrers,.  Rejoynders,  fpecial  Vcrdi&s,  Orders,  the  reading  over  of  which 
^ToJZm'l'Z  judicioufly  and  with  intentnefs  is  called  Pervifum,  or  as  we  fay,  perufal  of  them,  that 
«,/**.  m.  varis  ,f)  Confidering  the  legality  of  them,  comparing  them  with  Originals,  making  Briefi 
'• 7p8-  out  of  them,  marfhalling  the  evidence  and  preparing  for  tryal  in  Court. 

Quare  fu/iitiarii  poftquam  fe  refecerint  totum  diei  rcftduum  pertranfeunt  fiudende 
in  Legibw,  facram  legendo  Scripturam,  &  aliter  adeorum  libitum  contemflandot 
ut  vita  ipforum  plus  videatur  ctntemplativa  auam  atliva. 

This  claufe,  from  fo  true  and  knowing  an  Oracle  as  our  Chancellour  was,  informs  us 

of  the  piety  and  wifdom  of  the  Law,  that  therefore  calls  the  learned 

Et  tdvitt  fbi  c  \«  ]  m  in  fidi  judi-    age  0f  Lawyers  off  practice  to  fuft  icing,  that  they  may  the  better 

"I'  C/iBStSJSi  ££■    *>  juftice  to  the  people  when  they  are  taken  off  from  all  adion  of 

Juihan,  c,rr»pubiUm  vti  revtrum,  ve  pn    diverfion,    and  wholly  fet  apart  to  read  over  their  books  again, 

uutpx*  t™b,a,,  +*,**»  hd.aam,d,       nj  h  tb      hauj  in  a  g00(j  mcafUre  forgot  ■   for  practice  though  ic 

a*,  frcce  vti  pun  umur  ituptimt  r,d  adds  to  the  ftock  of  coyn,  yet  it  abates  the  itock  of  reading .-  there- 
jtrc  quitm,  ni  ftr  mMitiam,  vti  tjm  fore  the  Judge  being  taken  from  pleading,  is  wholly  to  betake  him- 
aZ^J&fi.  ^rEi«£  fclf  to  read  over  his  Law-books,  to  perufe  Scrip ture-direftions,  and 
t,b.  1.  c  17.  to  contemplate  moral  prudence.    This  if  the  Judges  had  in  that  la- 

titude that  our  Text  fpeaks  of,  they  had  not  that  trouble  with  mul- 
titude of  perfons  repairing  to  them,  that  now  they  have  ;  for  then  the  tricks  and 
(harks  of  men  were  fewer  then  now  they  have  found  out,  which  multiplies  the  trouble 
and  diverfion  of  the  Juftices  •,  though  that  time  they  have  free  from  bufinefs  contri- 
butive  to  the  expedition  of  the  Court,  and  from  vifits  and  conferences  with  friends, 
together  with  the  affairs  of  their  familiesand  fortunes,  they  fpend  in  meditating  upon 
the  Law.and  on  the  word  of  God.and  in  fuch  methods  of  wifdom  as  becomes  their  years, 
dignity,  and  learning  to  evidence  themfe  Ives  verfed  in.  For  a  good  Judge  that  does 
employ  his  Vacation  as  our  Text  defcribec,  does  not  as  Acindinus  in  Sr.  Augu/fine,  abufe 
mtiikM™,?"    power  to  opprefshis  underlings  till  they  have  quitted  their  right  and  faenficed  it  to  his 

lawlefe 


A  Commentary  upon  Fortescue,  575 

lawlefs  and  finful  plcafurc^  but  fo  demeans  hirnfclf  in  the  ufe  of  hu-        ^  ^  „ 
Ihane  lawe$  ,  ut  fecundum  aterna  legit  immutabiles  regulas,  quid  fit,  r*  ^'«'"*  '•  3 ■'■ 

q:it  tempore  jubendum  vetandumqne  difcernat,  COnfidering  that  of        Nn tadn»  tft fmmia  tribmaiu  ejm  fr 
Saint  ferem,   That  the  judgement  of  God  and  Man  ts  not  «%,  nor  is     ^/tZZT.'Zt'  *""""*'  VI  t 
the  fame  fie  a  avail  Able  in  the  afltje  beftre  the  fudge  of  q  ute{  and  dead,      s*nHu,  Hieron.  in  Epfi.  a  vrtua  h«- 
afjfed  with  bj  Stints  And  Angels,  that  Will  be  acceptable   here  before     monenfc. 
us  men,  with  Vchom  many  things  pafs  for  virtuous ,  which  there  wil 

be  rejected  as  vild-  And  this  our  Text  fees  forth  not  fo  much  as        Smdmm  ,pt  Mimi  *$,*»*  &  vthtm™ 
matter  of  recreation  and  pleafure  as  pain  and  ftudy  of  the  minde/,-     J^EJZSS  ZTZ'ZZ 
dium,  eft  dedita  opera  voluntatis  hominis  attentior  atquc  impenfior  faies 
Vonattu.  Hence  is  it  that  men  of  ftudy  doe  wholly  retire  themfelves  , 

from  avocation,  and  intend  their  thoughts  and  ipeculations  nlttmts    ;»t«ni»m ,/-,,  „  &  „,,  ^  W4)ir„  vlf^ 
viribus.  giving  no  fleep  to  their  eyes,nor  flumber  to  their  eye-lids  •,     *•/««'/»*»*  (aufwvtr,  im»imu  /«<»>•« 
but  riling  with  the  light,  and  fitting  on  the  E  ggs  of  their  conception   >^£ZVZ%?£  $fi£ 
conftantly,  till  they  have  hatched  their  dcfigns.     This  David  calls    tdmaiimif. 
in  his  holy  foul  Meditation  in  Gods  Law  day  and  night  ,    celebrare 
per  otia  reila  ftudia  as  the  Orators  words  are.     And  this  ftudy,  the  occupation  of  the 
minde  in  Contemplation  and  Invention ,  being  properly  the  work  of  age ,  when 
the  minde  wearied  with  the  fceming  gaudery  and  real  nothing  of  objects  plcafing  to 
light  and  credulous  youth,  retires  ic  felfin  penance  to  time  mifpeht  in  fruitlefs  action 
and  finful  delight,  returns  to  confiftency,  and  to  preparation  for  higher  fruitions,  and 
more  real  and  folid  contentments.     I  fay  when  the  minde  of  man  in  the  age  and  feri- 
ous  temper  of  it,  dwels  at  home,  arrd  is  abftraftcd  from  the  objects  of  its  vagenefs  and 
infolidity,  Then,  Then,  is  it  beft  at  leifure  and  moft  pleafcd  with  the  repofeof  ftu- 
dy and  the  delights  of  contemplation.  For  as  in  youth  the  glory  of  it  is  aftion  ,  fo  of  4  foodem- 
age  the  honour  thereof  is  contemplation.     Then  they  doe  quietam  vitam  agere  ab  omni  pieyment  ef 
folicitudine  ac  munditurbinibus  femotam    their  paflions  are  ebbed  low,  and  their  curi-  tlJaie. 
ofities  fatiated,  with  defire  defeated,  and  expectation  glutted;  turns  them  upon  more 
real  objefts  of  captivation,  the  contempt  of  the  World,  the  preparation  for  death, 
the  appropriation  ofthe  joyesancl  comforts  of  the  Almighty,  the  Communion  with 
God  and  Chnft,  by  the  afliftance  of  the  Holy  Spirit.   1  hefe,  Thefe  alts  and  elahs  of  mlmm  chri!li 
HolyMufique,  which  attol  the  foul  above  wonted  endearments,  and  heretofore  fur.  ^a..  <«  ««w 
prifing  fuventutis  lufanaria,  aretheonely  ble  flings  of  age,  and  the  noblefl  compenfa-  mnjf?  h£%,* 
tions  of  lifes  infirmity.  When  men  can  defie  the  finful  fear  of  men,  as  Gafcoigne  did, and  Zptu,  X'«.»»*- 
darcown  truth  in  the  day  of  hazzard  for  it,  then  they  doe  as  thofe  that  tveremoti  a  tufinU.Smihu 
munditurbinibus,  then  they  doe  quietam  vitam  agere,  which  Hankferd  Chief  Juilice  "^LasjemTc. 
to  x  E.  4.  ( though  he  was  a  moft  learned  man  in  the  Lawes,  had  never  a  Son,  and  had  t.».  s-  Of- 
agreateftate)  yet  never  attained  to.     For  had  he  not  feared  difficult  times  and  the  *.  ^""hoiIbs- 
iffue  of  them  more  then  he  ought.he  had  not  been  his  own  Murtherer  as  he  was,  nor  had  fhed'f  .4«77. 
Sir  James  Hales  that  honcft  Judge,  who  flood  alone  in  the  Integrity  of  a  lawful  judg- 
ment in  the  Cafe  of  the  Crown  Temps  E.6.  and  who  therefore  highly  defervtd  of 
Queen  Mary  whofe  Champion  for  her  right  in  fuccefllon  to  the  Crown  he  wa9(though 
Shee  requited  him  ill,  in  fufferinghim  to  be  imprifoned  for  his  Religion,  which  owned 
foconftantly  her  Supremacy  and  Sovereignty  )  1  fay  had  that  good  Judge  feared  I efs 
the  terrours  of  men  he  had  not  made  himfelf  away  to  avoid  them  as  he  did.    I  fay  had  p- I09t 
thefe,  though  other  wife  worthy  men,  been  a  turbinibns  mundi  remoti, hid  they  the 
quieu  vita  aflio,  which  as  good  Judges  and  grave  Sages  they  are  defcribed  in  the  Text 
to  have,  they  would  have  kept  themfelves-  from  this  great  Offence. 

Nee  unquam  ctmpertum  efreorum  aliquem,  donis  aut  muneribns  fniffe  corrupt  urn. 

This  is  not  in  the  ftridtnefs  ofthe  letter  to  be  underftood.  For  our  Chancellour 
right  well  knew,  that  Sir  William  Thorp  Chief  Juftice  of  the  Kings  Bench  24  E.  3. 
eepit  munera  contra  jar  amentum  fuum ,  and  20  E.  1,  all  the  Juftices except  two  ,  S^nA'"-F-  ««»' 
zyE.%.  Juftices  Itinerant  took  bribes  of  Berners,  and  were  fined  for  every  pound  l^kci"t'-  ' 
a  thoufand  marks,  and  fo  others,  which  Sir  Edward  Cool^  nominates,  I  fay  our  Chan- 
cellour knowing  thefe  errors  and  mifdemeanours  in  Judges,  could  not  be  thought  to 
write  thus  confidently  in  a  matter  of  apparent  queftionablenefs  ;  bat  whereas  he  fayes 

P  P  p  p   3  nee 


57<* 


A  Commentary  upon  Fortes  cue. 


IM.j.t.7. 


Ei'l'f.S.'t, 


r.ec  uncjUAtn  ccrr.frrtnm  eft  ,  he  is  to  beunderftood,  nen  frequenter ;   Raro  untjuam,  *S 
guintilian  exprcflcs  it.     For  though  there  have  been  iuch  pcrfons  and  prelidents  of 
miidemeaning  Jultices,-  who  have  been  donis  &  wuneribus  corrupt  •,  yet  not  often, 
as  feldomat  next  door  to  never,  have  fuch  been,  The  Juftices  of  England  being  for 
Good  ?"P,ce  the  moft  part  themoft  approved  and  impartial  Judges  of  any  in  the  World,  nor  is 
adm.niftrcd    tDerc  any  pjace  un(jer  thc  ^0pC  0f  Heaven,  where  I  think  fo  little  iniquity  in  judge- 
s'* England.   mcnt  judjaal|y  i$j  as  jn  England. 

Vndt  &  hoc  genus  gratia  vidimus  jfubfecutum  ,    quod  vix  eorum  aliquis  fine 
exitu  decedat ,  qutdjuftis  magna  &  qua  ft  appropriata  beneditlionis  Deitft. 

This  inference  is  to  have  a  modification  to  reduce  it  to  reditude  in  the  Court  of  ex- 
perience and  truth.  For  becaufe  in  outward  things,  the  Wife  man's  caution  is  fafe  , 
not  to  conclude  good  or  evil ,  love  er  hatred  by  them  ,  for  as  much  as  they  have  unequal 
events  and  various  cataftrophes  ^  therefore  is  the  hoc  genus  gratia ,  and  vix  eorum  all-- 
quis  to  be  gently  preffed  as  an  argument  of  benediction  on  men  in  their  way  and  pro- 
feffion  as  rewarded  by  them  for  it.  For  though  true  it  is,  that  Children  are  the  gift 
of  God,  andthatpofteritytopreferveaname,  is  much  the  delight  of  men  and  the 
inercy  of  God  to  many.that  are  in  their  families  eternized  by  it,as  has  been  our  Royal. 
Family,  in  which,  King  fames  faid  he  was  in  defcent  to  the  Kingdom  of  Scotland  300 
yeares  before  Chrift,  and  may  it  fo  continue  in  them  I  befeech  God,  and  fo  is  the  fuf- 
frageofall  true  Englishmen ,  till  Shiloh  come ,  that  is,  for  this  Worlds  ever.  And 
as  many  others  of  ancient  extraft  have  by  it  been  long  in  Nations  and  in  honoursj 
yet  falls  it  fo  out  often,  that  brave  men  either  have  no  iflue  at  all,  o»  thofc  not  Monu- 
mental to  them,  unlefs  it  be  for  wickednefs  and  diflimilitude  of  manners  to  their  Geni- 
tors,  which  v£milius  Spartianus  makes  good  in  Romulus,  Numa,  Camilltu,  Scipio^ 
both  the  Catt's, Homer,  Demofthenes,  Crifpus,  Terence,  Plautus,  Cafar,  TuUy,  Trojan, 
Antonintu  Pius,  Sever  us,  and  may  be  inftanccd  further  in  thoufands  of  others :  and 
therefore  this  is  no  infallible  inftance  of  Gods  favour,  no  more  then  other  things  are 
which  are  commonly  distributed  ,  of  which  the  Father  faies  dantur  bonis ,  ne  videantur 
effefummi  mala,  dantur  malis  ne  videantur  efftfummt  bona,bat  that  which  I  would  have 
our  Chancellours  fenfe  herein  is,that  God  hath-fo  approved  the  integrity  of  the  Judges 
in  England,  and  fo  rewarded  it  with  living  Memory,  that  very  leldome  they  being 
Men  of  .good  Families,  Breedings,  Fortunes,  and  courages,  doe  deny  themfelves  the 
content  of  Marriage  ( as  Juftices  did  when  Priefts  and  under  vowes,  as  till  E.3.  time, 
they  often  were )  but  in  their  lufty  and  liberal  youth,  beftowed  themfelves  to  women 
of  quality,  and  thereby  gained  additions  of  fortune  and  relations,  and  as  a  confequent 
of  their  natural  vigour,  and  conjugal  content,  prolificated.  For  though  I  know  all 
the  vigour  and  kindnefs  nature  has  in  her  Repertory  ,and  the  moft  endeared  exprefsion 
of  it  parties  can  teftifie  each  to  other.availes  nothing  to  encreafe  without  Gods  fiat,ini 
his  benedi&ive  Amen-,  yet  where  thofe  are,  and  are  properly  expreffed,  iflucmay 
come  as  the  work  of  nature,  as  well  as  from  a  more  hallowed  caufe,  which  our  Chan- 
cellour  calls  here  Gods  grace,  magna  &  appropriata  benediclio  Dei.  And  therefore, 
though  I  concurr  with  Sir  Edward  Coeb^,  who  to  this  of  our  Chancellour  adds  ano- 
ther Crown  to  Jadges,  That  they  die  not  will-lefs;  yet  doe  I  think  boththefe  if  they 
be  peculiar  bleffings,  yet  arc  oncly  fo  to  Judges  as  toother  wifemen,  who  walk  hum- 
bly before  God,  are  diligent  in  their  callings  and  advice,  and  ad  for  the  peace  and 
plenty  of  their  families  living  and  dying.  For  though  I  know  to  be  Childlefs  is  a  curfe 
as  in  the  cafe  of  Coniah,  and  to  have  no  Male  Children  is  a  death  to  a  family,  daughters 
with  their  perfous  carrying  all  they  are  and  have  into  their  Husband  familie*;  yet  is  it 
better  to  have  no  Sons  then  lewd  and  fordid  ones.  For  as  a  wife  Son  makcth  a  glad  fa- 
ther Prtv.  10.  1,  for  fuch  an  one  gathereth  in  fummer,  verfc  the  fifth,  fuch  an  one 
heareth his  Fathers  InftruSion  c.  13.*.  ».  foa  foolifh  Son  is  a  Son  that  caufeth 
flianie  c.  "O.  v.  5.  c.  17.  v. 2.  is  a  grief  and  calamity.  And  ifwifeSons  the  Juftices  of 
England  have  eminently  had,  as  truely  I  think,  they  more  confpicHonfly  then  any 
profeflion  of  men  have  had,  becaufe  they  have  given  them  better  breedings  then  o- 
thershave  done, 'tis  much  towards  that  our  Chancellour  intends  in  that  claufe,  quafi 
afpropriatt  bcnedi&ionis  Dei  eft. 

£md 


5 'fitch  White 
Hal!.  1*07.^.5x0 
of  his  works," 


Nimintm  Diode- 
Cane  Augufte 
fraft  mMfmrum 
virtrum  optimum 
&  ntiltm  filmm 
riltqmij!'  fttii  els- 
ret.dttiique  <•«( 
fine  hbins  viriin- 
tiritrunt.  tut  1*. 
lit  batfuimnt ,  ut 
vtelmifnerit  de  re. 
hut  humAnii  fine 
fefierittti  dicedt- 
ri.  Life  ftttra  *. 
fhd   Aliuro 
Spartianum  m 
Sevcro.    p.  17*. 
Edit.   Sylburgii 


Trtfice  f  Lit- 
tleton. 


A  Commentary  upon  Fortbicui.  57 7 

£>*odex  fudict/m  fcbolc  flares  fo  Proceribfts  &  Magnatibut  Regni  hue  nfque  prodi- 
ersrnt,  quant  de  aliqut  alio  ftatu  hominum  Regni,  qui  ft  frudcntU  #"  induftri* 
propria  opulentos,  incljtos,  uobilijfi  mosque  feterunt. 

This  claufc  gives  much  confirmation  to  the  precedent  affertion,that  the  Judges  of  En- 
gland have  the  rewards  of  juftice  in  Gods  benedi&iou  on  them  confiding  in  the  cncreafe 
and  continuation  of  their  iffue  •,  which  is  fo  great  a  felicity  that  fob  accounts  it  araongft 
the  rewards  of  God's  beloved  ones,whom  he  corrects  to  their  emendation,  and  thereby 
dignifies  by  this  fpecial  teftimony  of  his  love,  That  their  feed  JhaS  be  great,  and  their  hb.  s.  if. 
ttf if ring  as  the  grafs  of  the  earth.     For  if  it  be  a  judgement  u  dje  ijfuelefs,  as  in  the  cafe  j£- ";  *-&  i8' 
of  Coniah,  and  to  have  ones  feed  caft  out,  as  in  the  cafe  of  fehoialiim  and  his  feed  whom 
God  threatens  ■,  if  God  threatens  to  four  oat  his  wrath  upon  the  children  of  kicked  men,   1r'v- 10-  > 
then  furcly  to  have  children,  and  to  have  thofe  children  bleffed  after  them,  to  have  them   j£»/nVi; 
inherit  the  earth,  to  have  them  delivered  in  the  evil  day,  is  the  peculiar  honour  of  God  to 
the  piety  and  juftice  of  Anceftry :    which  the  Chancellour  here  take*  notice  of  to  fix  on 
the  Princes  mind  a  love  of  the  Law,  which  has  been  the  raifer  of  fo  many  excellent  Siers, 
whom  God  has  made  the  extern  inftruments  and  the  natnral  caufes  of  fo  fertile  a  Peer, 
•gc  and  Nobility,  as  from  them  Lawyers  by  Profeffion  and  Judges  by  office  have  arifcn. 
For  though  true  it  were  that  when  the  Juftices  were  Glergy-men,  there  were  no  Ma-  S'/T^m  5I*'1' 
gnates  or  Proceres  that  came  from  them  as  their  lawful  Soboles -,   yet  when  Lay- men  JiriftiV  ..A  of 
came  to  be  Juftices,  and  they  marrycd  and  had  iffue,  the  iffue  of  them  inheriting  fuch  chancery.;.  f9, 
fortunes  at  they  left  them  honeftly  gained  and  thriftyly  improved,  made  them  fit  and 
worthy  of  the  King's  Honour,  whereby  they  were  not  onely  made  men  of  Honour,  but  ?.«•«.«  a*trmt 
froeeres  &  Magnates  Regni,  ~\  that  is,  Barons,  and  of  the  high  Nobility  of  England ;  r°[""H^",','  £'" 
fo* Proceres  &  Magnates  are  frequent  toexprefs  Earls  and  Lords  by,  c.  38.  Magna  p"™««7  sPeim. 
Chart  a,  Stat.  Merton.W.  I.  Glofier  fTefl.  2.  £>no  Warranto,  Weft.  3.  and  fo  in  M.    i*™"*™- 
Paris,  and  fo  in  all  Afts  of  Parliament,  when  the  Lords  Spiritual  and  Temporal  are  ^9^79J,%, 
named,  tboft  the  Text  calls  Procerei  &  Magnates,  are  intended.     And  that  thefe  have  99°-9?l-99i  999. 
in  a  great  meafurc  (  many  of  the  Ancient  Baronies  of  England  being  extind:  and  deter-   £o»'IOO$-10°4. 
mined  )  been  the  fuppiements  and  rife  of  the  growing  Nobility,  no  man  can  deny  that 
has  any  skill  in  Antiquity,   though  becaufe  to  avoid  inconvenience  I  forbear  to  inftance 
in  particulars  •,    yet  a  truth  it  is  from  our  Chancellour,  feconded  by  Sir  Edfoard  Cook^,  !„'%""/ tV" 
who  has  numbred  near  200  great  families  rifen  from  Lawyers,  The  Profegors  of  Vehich  <he  *  Report. 
Law  bj  the  bleging  of  God,  hath  obtained  a  greater  blcfjing  and  ornament  to  their  fami- 
ly and.peftcritj  then  any  other  Profeffion-,   For  it  is  an  undoubted  truth,  That  tbcjnft  p/ ?».  15. 
jhall  flonrijb  as  the  Palm-tree,  and  jpread  abroad  as  the  Cedars  of  Libanns,  thus  Sir 
Edward  Coole^.    Not  that  our  Text-Maftcr  attributes  all  afcents  to  honour  by  Riches, 
and  Virtue,  to  the  Law  in  the  fcience  and  pra&ice  of  it ;    for  there  are  many  courfes  of 
life  and  wayes  of  profeffion,  wherein  diligence,  crowned  with  fuccefs,  makes  rich,  and 
riches  had,  procure  Titles  and  Dignities,  fuch  as  are  Offices,   Phyfick,  Trades,  Hus- 
bandry, Plantation,  Buying  and  Selling  of  Land,    all  whichhave  raifed  great  eftates 
and  made  families  rich  and  honourable  by  them,  efpecially  the  City,  which  how  much 
foever  it  is  vilified  is  no  infrequentor  unfruitful  womb  of  Honour,    Though  I  fay  the 
Chancellour  allows  thefe  to  have  their  refpe&ive  ftiares  in  the  plcafing  returns  of  Con- 
fpicuity  on  their  iffues  •,  yet  the  perfons  that  have  rifen  to  be  Opulentos  ( that  is,  divitia- 
rum  pleni,  as  TuUj  renders  it,  Pecmiaopulenti,  rich  as  they  are  who  do  c omponere  ofes  le^cj„ Here. 
null';  /f«,and  who  get  what  they  have  Ex  fitnguine  &  miferiis  Civium,as  Salufi  accufed  Fwent.  j. 
fome  •,  like  that  Clericus  Militaris  whom  Lichfield's  Chronicle  mentions  in  a  ftiort  time 
to  hare  grown  from  the  inheritance  of  an  Acre  to  an  Earldom,   and  M*nfeU  that 
greedy  unconfcionable  Clerk,  that  had  fifty  Promotions  at  a  time,  being  able  in//.  3. 
his  time  to  fpend  4000  Marks  a  year.     Thefe  are,  as  the  Text  fayes,  Opulentos,  incly- 
tos~]  that  is,  eminent  fulgore  fama  cenfpicui,  preferred  above  the  vulgar,  mntantnm  ind fja/tnUtH 
titulo  fedmerito,  not  for  their  fortune  having  genus  incljtnm  magnis  titulis,  but  vir-  '!*}■%"' ^'j,1? 
tue,  as  Livj  ftoryes  Numa,  whom  be  terms  incljta  jaftitia :    Nobilesque^}  that  is,  «r.«yi«<  «■«. 
having  fortune  to  fupport,  and  virtue  to  become  Honour  and  Peerage,  are  preferred  ub.i.«*vrt*. 
to,and  bleffed  in  it  above  others,)  he  accounts  the  iffue  of  the  Juftices. 

£L*anqHAm 


578  A  Commentary  upon  Fortes  cut. 

Quanqtiam  Mercatorum  But  us,  quorum  aliqui  funt ,  qui  omnibus  J '  ufl it iariis  Re g»i 
prafiant  divitiis^  numerum  in  miUibus  hominum  execdat. 

"This  our  Chanccllour  grantt.tbat  by  how  much  the  greater  improbability  of  it  ii,  the 
greater  may  appear  the  bleffing  of  it,  to  improve  it  to  10  unlikely  an  end.     For  though 
I  think  it  well  becomei  the  Chancellour  to  advance  his  purpofebyall  the  plaufible 
arguments,  that  art  with  truthican  forme  to  fo  noble  a  tendency  •    yet  that  thm  he 
magnifies  the  eftate  of  Merchant*  beyond  that  of  Judges,  and  yet  concludes  the  Judges 
children  to  be  more  durably  fortunate  &  worthily  honoured  then  the  fons  oCMerchants 
are,  feems  to  me  high-wracked,  perhaps  beyond  the  proportion  that  can  be  made  out  in 
confirmation  of  it.For  though  1  believe  in  H  6.  time  the  Juftices  were  not  fo  great  gain- 
ers as  fince  they  have  been,  by  reafon  whereof  they  might  be  fo  much  excelled  by  Mer- 
chants as  now  they  are  not  ■,  yet,  that  either  they  then  fhould  be  fo  mean  in  eftate,  that 
one  Merchant  fhould  in  wealth  exceed  them  all,or  that  any  Merchant  fhould  be  fo  great, 
as  that  he  ftiould  fo  vaftly  exceed  ordinary  calculates, fcems  to  me  ftrange.I  confefs  Trade 
is  a  thing  of  gain  if  well  followed,  and  tintelyly  left  •,  (for  there  are  Apoplexies  in  Trade, 
'  and  men  fometimeshad  they  known  well  when  to  have  given  over,  had  dyed  great  in 
eftate,  who  perfifting  in  it  have  dyed  beggars: )  but  that  it  operates  fuch  Mountains  and 
Mines  of  wealth,  as  one  man  of  the  number  may  thereby  get  twelve  mens  eftates,  and 
thofe  Juftices,  who  are  for  the  mod  part  men  of  great  years  and  great  fortunes,  is  to 
me  ftrange,  and  as  in  the  Text,  Hjperbolique.    Yet  in  that  our  Chancellour  fayes 
what  hiftorially  I  will  believe  rather  then  difpute,  unlefs  I  could  think  his  age  produ- 
ced what  Queen  Elizabeths  Kcign,  the  rife  of  riches  and  trade,  did,  a  race  of  Sir  John 
Spencer  st  Sir  Willtam  Cravens,  Sir  Thomas  Grefhams,    to  which  may  be  added  Sir 
Baptift  Kicks,  Sir  fViBiam  Cocleain,  Sir  Thomat  CMiddleton,  and  Sir  Stephen  Seams,  un- 
lets-1  fay  thefe  were  matched  by  men  in  our  Chancellour's  time,  I  fee  no  reafon  he 
fhould  fo  advance  the  gains  of  trade  above  that  of  the  Law,  when  as  there  are  instances 
of  late  as  well  as  former  Judges,  Judge  Gawdj,  Mounfon,  Cook,,  Popham,  and  the  Chan- 
cellour Coventry  &  others  equal  to  them.So  that  in  what  Profeffion  foever,if  God  move 
the  heart  to  ingenuity  and  diligence,  and  fortunate  them  to  a  profperous  event,  there 
may  be  great  encreafe  as  well  as  in  the  Profefllon  of  the  Law ;    for  it  is  God  alone  that 
maketh  men  bj  hit  bleffmg  rich,  and  addeth  no  forrow  to  the  riches  be  bleffcs  men  to 
get,   For  the  liberal  foul  JhaH  be  made  rich,  and  he  that  watcreth  JbaB  be  watered alfi 
himfelf. 


Tnv.  io.  »». 
tm.  II.  i$. 


Diligccrgofuftitiam,  Fili  Regis,  qua  fie  ditat,  cola,  &  perpetuat  foetus  celentium 
earn,  &  Zelator  eflo  Ltgis  qua  fuflitiam  parit,  ut  d  te  dicatur  quod  d  jxfiis  fcri- 
bitur,  Et  femen  torum  in  aternum  mantbit. 

Having  in  the  prementioned  paflages  fhewn  the  worth  and  eminency  of  the  Law, 

and  commended  it  in  the  fruits  of  God's  bleffing  on  the  labour  and  pofteritiesof  the 

chief  Lawyers  the  Juftices,  whom  he  acknowledges  to  be  the  great  meritcrs  of  refpeft, 

and  the  great  (lakes  in  the  hedge  of  Government,    who  as  they  have  Primomm  O'rdi- 

uum  Sacerdotia,  id  eft,  DoHrina,virtntisqne  pramia,  as  Budaus  his  words  are,  foare 

every  way  accomplifhed  to  it :    and  therefore  are  by  the  Chancelllour,  as  Promoters- 

of  Juftice,  to  be  beloved.     For  in  as  much  as  the  Law  is  the  rule  of  Englijh  Juftice, 

4inftit.t.7.       and  the  Juftices,  the  ordinary  fpeaking  rule  of  the  Law,  do  anfwer  all  motions  in 

Xing'*  Bench.     tnc  Courts,  even  in  the  prefence  of  the  King,  by  reafon  that  the  King's  Judicature 

is  committed  to  them  by  the  King ,   according  to  the  Law  5    and  that   Anfwers 

and  Declarations  of  theirs  from  the  Courts  are  the  Law   and  Jultice   of  the  Na- 

,         x    g      tion,  1>y  which  the  Order,  Wealth,  and  Peace  of  the  Nation  is  preferved,     Our 

httfj.ai.to.       Chancellour,  I  fay,  upon  thefe  perfwafions  that  the  Law  is  fo  beneficial  to  not  one- 

Z'i«rifisn.fic*t     |y  the  ProfefTors  of  it,   but  to  their  Pofterities,  •  whom  the  bleffing  of  God  gives 

/vJ^T^Mwfvt  *ncf  Prefcrves  eftates  and  honour  to.   for  that  is  the  fenfe  of  ditat ,  colit,  &  per. 

btmittr  aitrt,  petuat  foetus  cofrntium  cnm,~\  counfclling  him  well  to  not  onely  love  the  Law,  but 

***"*•  T""* *    Efto'Zclator  Lcgis]  to  be  apaflionate  doter  on  the  Law,   as  a  Suiter  is  on  bisMi- 

«mii>«iw!   &nh,  whomhedefires  to  keep  from  all  lovers  but  himfelf,  and  that  for  that  one  and 

oncly 


A  Commentary  upon  Fortes  cue.  579 

onelyreafon,  that  it  doth  */*«rr  advirtutis  viam&  pramium,  that  the  proraife  may 
be  fulfilled  in  you,  Their  feed  Shall  remain  for  ever.  And  fohe  ends  this  one  and 
fiftieth  Chapter. 


CHAP.     L 1 1. 
Princeps.  Vnum  jam  folnm  fupcreft. 

HERE  the  Prince  is  perforated  as  formerly  convinced  of  the  wifdom  and  fitnefs 
of  the  Law  of  England  for  England,  and  of  the  unreafonablenefs  of  all  Argu- 
ments produced  againft  the  prevalence,  honour,  and  continuation  of  it  •    yet  that  he 
may  be  fortified  to  repell  all  Applications  of  diverfion,  he  further  craves  the  Chancel-       ,      •*"-** 
Jour's  folution  of  that  which  chiefly  flicks  with  him,  and  fomewhat  demurrs  his  plena- 
ry confent  and refolution.     Vnum  fuperefi  folum"2  That's  bat  a  little  punftbut  of 
huge  import,  like  the  One  thing  our  Lord  fayei  isneceflary,  Marfs  choice,  the  better 
fart,  and  the  One  thing  David  de fired  of the  Lord,  and  the  One  thing  that  is  firfi  to  be 
fought,  the  endeavour  after  which  has  promife  of  all  things  to  be  added.    One  thing  fayes 
the  prince,one  numere,  but  all  pondere,  for  it  unrefolved,  does  fiulruare  mentem  &  inqui- 
etare,  that  is,  fiuiluando  inqnietart ;  for  as  Seas  are  difturbed  by  the  agitation  of  waters 
from  the  winde,  fo  is  the  minde  of  man  hurryed  this  and  that  way  when  *cis  unquiet,  this  &.  s.  Aneid. 
Virgil  terms  magno  curarum  flniluat  tfiu,  and  Lucretius,  FluSuat  incertis  erroribus  L,i-+-  zl7  ■  »• 
ardor  amantnm  •,    yea  Curtitu  fetting  out  Alexander's  diftra&ion,  not  knowing  what  ^f/,"^«™*^ 
way  to  go,  or  whofe  counfel  to  follow,  exprefTes  it  by  this,  That  the  King  yeas  at  a  —<t»  /»«»  «•<*• 
Jtunn  which  advice  to  foBi.iv,  whither  his  own  or  Parmenio'* ;    and  as  a  man  fevered  from  J^™*'™*^ 
all  confiftence  and  with  the  winde  hither  and  thither  acted,  as  it  alters  its  blafh,  fo  "am.  cunteT 
the  Princes  owns  himfelf  to  be  difcompofed  •    and  therefore  as  he  prayes  relief  from  his  SyWv  n''v" 
wifdom,  fopromifes  he  not  to  nufe  more  fcruples,  'nonamplitu  te  quaflionibsu  fati-  %  1T»7f!b!L. 
rabo  ~\  fayes  he.    This  premifed  he  produces  his  debate.  ^im°r  *d  Heren- 

ninm     111.     A   -  .Am 


niiitn  lit.  4. 1+7. 


Dilatienes  ingentes,  ut  affcritur,  fatiuntur  Leges  Anglia  in  proceffibtu  fuis  plus- 
quant  Leges  aliarum  Nationum,  quodpetentibus,  nrdttm  juris  J Ini  frolatio  eft, 
fed  &  fumptunm  quandoquidem  imfortabile  tntu.  Sec. 


Becaufe  Delay  of  Jufiice  is  one  of  the  great  errours  of  men  in  power,  as  being  a 
kindeof  Denial  of  fufiice  ■,   therefore  the  Lawes  are  faid  pati  not  inferre  Dilatienes. 
Patiuntur  Leges  J  fayes  our  Text,  thereby  intimating  that  Lawes  do  permit  rather 
then  approve  of  Delayes,  and  account  them  rather  neceflary  evils  then  delirable  goods. 
This D»7<*f»#  Authours interpret  by  Prorogatio,  fo  Pliny  in  thofe  words,  Nee  ulla  fege-  ub.u.a.iol 
turn  minus  dilationem  patitnr -,  fo  Livy,  Per  Dtlati/tnts  btllum  gerere,  that  isprorogare  pllil-  >• 1J- 
be  Bum,  Pedetentim  &  per  Intervalla  beUare  ,  thus  Cicer*  ufesTemporis  dilatio,  and  Ho-  g,^''  55>  d' 
race,  Dilator,  fpe  longus,  iners,  avidusque  futuri :    thus  the  Aforalift  tells  us  that  M**im»m  nm. 
Delay  is  the  beb  remedy  of  wrath,  and  as  it  impedes  precipitations  and  advantages,  truth  *""  .£*  d'!"1' 
and  jufhee  in  the  ripening  of  difcovenes  •    fo  the  Lawes  of  Nations  and  the  wifdom  of  r.  ss,i. 
Law-makers  did  encourage  peter c  advocations,  which  Lipfius  on  that  phrafe  in  Seneca  ««"«•**.».* 
write*,  Significare  moram  &  tempus  deliberandi,  which  is  futable  to  Seneca  s  exprefC-  commemar  m 
on  lib.  2>   where  his  words  are,  *  Vtrique  parti  dares  advocationem,  dares  tempus,  nee  'w.p.5J4. 
femel  audires  •  magis  enim  Veritas  elucet,  quo  fapius  ad  manum  venit.     Thus  for  the  *  '"£  *  ** Ir4" 
good  ofmen  in  the  clearing  of  juQice  in  all  the  lineaments  of  her  beauty  and  truth,  the  Aleut,  m/^.^ 
Civil  Lawes  allow  Delay,  and  hard  it  would  otherwife  be,  nay  impoffible  it  would  in  F°™««». <»*■*.' 
forae  cafes  be  to  make  out  truth  where  the  ad:  of  God  or  other  occurrence  inevitably  JJV*M>*'J 
intercepted,  if  time  fhould  not  be  indulged  men  either  to  ufe  that  help  whence  the  hin- 
derance  fhould  be  removed,  or  to  think  of  fome'  other  way  equivalent  to  that  which 
by  reafon  of  thofe  demurrs,  is  not  obtainable.     For  the  Law  being  Ars  aqui&boni,  .  . 
and  intending  nothing  but  juQice,  as  it  allowes  Delayes  for  fuch  a  time  as  the  Judge, 
who  isnrefurned  juft  and  wife,  fhall allow,  ubi  fpatia  non eadunt  in certam  regulam,  ior 
then  there  is  no  waving  the  prefixed  time  of  the  Law  -,    fo  docs  it  abhorr  that  thofe  £°™e,m'  '*" 

well- 


580  A  Commentary  upon  Fortescul 


Fornerim. 

Ltctfrtuldlt, 


well-intended  convenience*  and  prudent  remedies  fhould  be  mifapplyed.to  fofter  in  jury 

and  delay  of  fhift  anddifbonefty  •,  for  they  account  fuch  execrable,crf£r«  dilaticncs  tjni- 

bns  res  in  longius  tempus  txtrahuntur  frufirationit  &  calumni* fufpicitne  later ant,  fay  the 

Dodors  -,  and  therefore  though  the  Law  allow  time  or  prorogation  upon  petition,  yet 

does  it  doe  that  purely  upon  the  pre-afierted  grounds,  and  if  fecond 

inftemUrU,  r«/ri  ,mnis  iu»ti»  finpiij    dayes  of  delay  be  defired    it  judges  of  the  juflnefs  of  them    and 

?£^£m2&S3Z    gr»nts  and  denies  as  it  fees  L,  fo  are  the  authorities  which  confirme 

imifj/hm,  fid  MRiifM  (tmfi  »x<um.     the  rule  of  Bartolus,  Ex  caufa  potefl  Judex  dilationts  prtrogare 

rauiu»  **  fc^*  yea  and  minutre  too,  as  he  in  wifdom  and  j'uftice  findes  the  reafon  fo 

Digeft./ii.;.»i<.  n.  f . «?.  todoe,  which  confidered  fince  this  which  our  Text  calls  dilatio     \% 

..,.,.  ..  the  conflitutiovelexteuftofpacii  tempers*  ad  alia uid agendum  vel  di- 

DigeA.  Ui.z. tit.  n.f.iii. n  nurpmt.  ,  r    r  J     J '     .  lit  ,■  ' 

0  cenastm  per  conJenjnm  quorum  tntcrejt,velper  Itgem  veljaduem  faSta 

Digeft.u.  5.W.  j.  f.6n.xn)nd,cM.    and  that  ordinary  and  extraordinary  ones,  are  in  their  kirdesal- 

*  '•  7°9'  lowed  neceflary  and  convenient  for  the  accomplifhment  of  the  ends 

SyntMpm.  juri, ut.  ^t.t.i.  D»  tSu.    of  juftice ,  as  ThoUtfanns  deares  out  of  the  Civil  Lawes,    The 

%>bm  &  iiiuimbm.  Lawes  of  England  which  allowes  Efioi»e-<iiyes ,  does  not  exceed 

the  proportion  of  other  Lawes,  nor  herein  gratifies  the  gain  of 
Officers ,who  by  thefedelayes,  multiply  to  themfelves  fees,  which  the  Prince  here  alls 
by  importable  onus,  but  does  in  whatever  the  Law  is  flow  and  the  proceeding  favour- 
able to  any  excufe  that  may  plaufibly  and  with  colour  of  reafon  be  granted  in  pro- 
fequution  of  a  gentle  and  religious  tendernefs  that  it  has  to  all  mens  conditions,  and 
With  an  eye  to  that  general  rule  of  doing  to  others  what  we  would'have  others  dee  to  us 

s  Theft.  4.  ft  and  becauft  no  man  ought  to  got  beyond,  and  defraud  hU  brother,  fince  the  Lord  is  the  a~ 
venger  of  all  fuch :  thefe  things  being  by  the  Prince  well  ruminated,  the  Lawes  of 
England  are  by  him  charged  (  through  misinformation )  wi  th  that  which  they  are  not 
guilty  of.  For  notwithftanding  that  in  all  Governments  and  Lawes,  fome  inconveni- 
ences will  fall  out,  and  fome  perfons  be  aggrieved  ,  by  reafon  that  delayes  are  occa- 
fionedby  difficulty,  divers  opinions  of  the  judges,  and  fometimes for  fome  other  caufe,  as 
the  words  of  14  E.  i.e.  5.  are-,*  yet  is  there  as  little  fault  to  be  found  with  the  Law  of 
England  for  this,  as  with  any  Law  in  the  world.  For  though  the  Law  of  England  does 
think  it  unreafonable  to  condemn  a  perfon  unheard,  efpecially  where  he  is  not  able  to 
appear,  the  ad  of  God,  or  other  impoffibihty  of  appearing,  intervening  and  cro/lir.g 
him-  yet  does  the  Law,  as  del  ay  favours  of  fraud,  opprefcion,  of  ill  wi  'I  and  pcrverle 
humour,utterly  decry  and  difapprove  it:  wi tnefc  the  Statutes  of  1 4E .  3 .  c.  5 .  <£■  c .  '1 4. 
20  E.  3.  c.  2.  27  E.  3.  c.  1.  27  EUt..  5.  8.  £/«..  c.  2.  which  together  with  fun- 
dry  others  have  in  all  times  been  enaded  againft  it  And  thereupon,  though  there  may 
and  are  feveral  excufes  on  good  and  reafonable  grounds  allowed;  yet  is  not  the  Law 
light  or  therein  Favourable  to  unneceflary  delay  and  prorogation  of  fpight.-but  pure- 
ly inclined  fo  fuch  lenity  and  latitude  upon  the  prementioned  reafons,  which  proteds 
both  Lawes  and  men  from  fin  and  guilt  for  legally  pra&fing  it,  according  to  that  rule 

Digcft.U-i.tir.  ©f  Bart  alms,  ntn  eft  in  intra  qnipcteft  exception!  legitimift  tueri.    And  fo  be  ends 

m.  d.  Ts3».     this  Chapter. 


CHAP.     L  1 1 1. 

Cantelarius.     In  aS'mdbmi  ftrfmulibm  ixtrax  Ifrbes  &  Vilas  Mcreatt- 
rirn  ,  &c. 

IN  AOitmbas  Ptrftualitus  ~]  Of  rhde  I  have  difcour  fed  in  the  Notes  on  the  25.  and 
26  Chapters.  Extra  Z/rbes  tf-  f'ilat  mcrcaitrus  ~|  That  if,  without  Corpora- 
tions, which  are  Counties  and  Staples  of  trade  within  themfelves.  (  For  Corporati- 
ons being  the  moft  Centre  residencies  of  men  of  art  and  myirery,  bare  private 
local  Lawes  referred  and  indulged  to  then,  which  are  difbnd  from  the  general  Lawer 
ot  open  places,)  which  is  the  reafon  the  Text  (ayes  extra  Vrbes  &  Vtibu  mtrcattri. 
*t,  the  froctffus  fmut  mrdiuarii'}  Tbatis,all  matters  of  Juftice,  whether  in  ad-oat 
between  man  and  man,  or  in  matter  that  concerc  the  peace,  are  try edin  the  Hundred, 

County, 


^Commentary  ugtn  Foi  t  ii  cub. 


,i. 


•    god  z  &nSrL.  | 


»  ami  i  «-*.  «fu  - 


i  , 


N*fcd 


:'—  ■ 


3e6 


J     M  I 


<*.*** 


581 


»c  tmr.fi  fiuma 
ml  «» in i  ntn  fiats  - 
fmcimt  irft  Demo. 
AheDd.  Cic.  m 
in  Qrtitrt  $6, 


Note  this 
wrU. 

Cook  »n  Little- 
ton, f.  iji.B. 


Conttmpttr  pro* 
friavilt.M*- 
gifitr  r««. 

J.  Inftit.f.  143. 
t.  66.    Of  Con- 

fpiracy.  #•  c.74. 
Of  Perjury ./>  \6-> 

^787.175. 


C«mrarifiamw- 
jii^ir  Ludovicus 
mnviniH  gr,<tr*li 
haht:  TttmfM. 
rifirmavil  .ftalutil 
cptimis  Ltgilnu  it 
fmrt  i  jHiialiHS 
iictnit,  &  it  e/JS- 
tm  mn  tmtndu. 
Gaguint  Htft.n 
Ludovico  Divo. 
lib.  7, 


BilTxus  m  Nttis 
*i  Spelmanni 
Alpileg./.yj. 


A  Commentary  ufov  Fortescui. 

intricacy,  and  difficulty  of  them,  fince  title  of  Land  and  the  fee's  of  Eftate  are  much 
more  weighty  in  their  nature  and  value  qua  fuch,  then  Debts,  Damages,  and  the  like. 
Thisis  the  reafon  why  in  all  A&ions  that  are  to  try  and  determine  folid  parts  of  fi- 
liates, Lands,  Offices,  &e.  every  where  in  the  World,  Morofi  funt  procerus,  fayes 
our  Text,  that  is,  not  onely  tedious  and  crabbed,  but  difficult  and  hard  to  bring  a- 
bout-,  Difficile*  ac  morofi  Tully  couples,  to  (hew,  that  all  things  that  are  of  Concern 
are  leifurably  to  be  tranfa&cd,  and  capable  by  many  paufes  and  fluggs  on  them  to  be 
retarded  :  Sedin  Anglia  funt  celeriores,  ~]  For  that  the  Law,  as  has  been  heretofore 
made  good,  hates  delay  as  it  is  oppofite  to  juftice,  which  ought  to  be  free,  full,  and 
fpeedy  as  farr  as  may  fland  with  reafon  and  convenience.  For  though  Eflbines  upon 
folid  reafons  are  allowed,  and  Protections  in  cafe  of  fervice  to  the  King  and  Kingdom 
againft  the  enemies  of  it  been  given  fome  time,  but  ever  by  allowance  of  Law  :  yet  did 
Queen  Elizabeth,  who  maintained  many  Warrs,  grant  few  or  rto  Protections,  and  her 
reafon  was,  That  he  was  no  fit  Sub jttt  to  be  emplojed  in  her  Service  that  was  fubjeit  te- 
ether  mens  alliens,  leaft  /be  fhould  be  thought  to  deUj  juftice.  Which  added  to  the  for- 
'mer  inftances,  accommodates  the  Chancellour's  purpofe  with  Confirmation,  That 
fpeedy  execution  of  juftke  is  the  glory  of  England  ;  and  that  no  delay  can  be  in  tryals 
if  there  be  not  nested  in  profecution,  or  combination  in  Adverfaries  to  fpin  out  fuits 
in  infinitum  :  and  then,  as  in  all  cafes To  in  this,  he  that  values  not  but  contemns  his 
own  quiet,  may  difturb  another  mans.  For  though  no  Law  can  well  hinder  turbu- 
lentnefs,  which  is  a  fufficient  vexation  to  its  felf ;  yet  the  Lawcs  o( England  do  as  much 
to  difcourageand  punifh  it  as  may  be,  and  that  by  punifhraent  of  Confpiracy  and  per- 
jury, Forging  of  Deeds  Champerty,  Barretry  :  and  this  to  prevent  Delay  of  juftice, 
and  to  promote  the  fruits  and  felicities  of  love  and  charity.  Which  the  Law  doing  to 
out.  law  thofe  Ijers  in  wait,  whofe  onely  work  and  wages  it  is  to  do  mifchief,  does  con- 
tribute much  to  the  expedition  of  juftice  and  to  the  abforption  of  unneccflary  delaycs 
•mfcich  arc  faults  and  errours  of  men,  not  of  the  Law,  for  that  decrees  righteous  things| 
Ind  proceeds  according  to  evidence,  allowing  no  delay  but  what  is  contributive  to  dif- 
covery  and  determination  of  right .  if  the  indulgence  of  the  Law  to  thefe  purpofes  be 
abufed  by  one  parties  induftry,  and  not  oppofed  by  futable  vigilance  in  the  other  par. 
ty,  the  Law  is  not  to  be  blamed,  but  the  party  whofe  the  remifsnefs  is :  for  the  Law 
gratifies  alwayes  the  diligent  Profecuters,  prefuming  thofe  have  ever  good  defires  to 
come  to  iflue,  who  profecute  the  means  thereunto  moft  vigoroufly.  Now  that  it 
may  appear  that  the  Chancellour's  averrment,  that  proceedings  legal  in  England  are 
more  fpeedy  then  in  other  parts  they  are,  he  quotes  his  own  experience  while  he  lived 
in  Trance. 

Sunt  in  Regno  Francia,  in  Curia  ibidem  fuprema,  qua Curia  Parliament's  iscitatur, 
procerus  quidam ,  qui  in  eis  plusquam  triginta  amis  pependerunt.  &c. 

This  inftance  acquaints  us  with  the  mifery  offeeking  juftice  where  juftice  is  hard  to  be 
found  ■,  for  though  troc  it  be,there  were  of  old  good  Laws  and  brave  Parliaments  in  the 
conftitution  of  France :  yet,  fince  Abfolutenefs  has  been  affefted,  and  Armies  nccefTary 
tofupportit,  fince  thefe  muft  live  upon  the  fpoils  andfharks  from  the  poor  Pea  fant 
and  all  Offices  muft  to  fate  to  raife  Revenues  and  to  maintain  the  equipage  of  Fa- 
vourites, Caufes  that  come  into  Advocates  hands  muft  be  fo  lengthened  out,  that  not 
years  of  Apprenticeship  but  even  of  life  muft  be  the  mcafure  of  them.  This  the  Chan- 
ctllour  makes  out  in  inftances  ofgreat  oppreflion  and  exceflive  delay  j  which  though 
it  may  perhaps  in  fome  few  cafes  bejjaralell'djfome  Law- fuits  being  hereditary  and  con- 
tinuous .-  yet  is  that  not  becaufe  judgement  of  Law  has  not  been  effectually  given  in 
them,  but  for  that  the  parties  have  refolved  an  inceffancy  of  fuit,  and  bequeathed  the 
Chriftianlefs  legacy  of  pcrfiftance  to  their  Children  and  Succeflburs,  whereby  they 
have  immortaliz'd  the  fuits  and  differences  in  their  families,  to  the  ruine  and  difquiet 
of  one  or  both  parties  of  them.  This  indeed  has  fometimes  fallen  out  in  England,  but 
that  has  been  in  cafe  of  Honour  and  Arms-bearing  j  as  in  that  matchlefs  memorable 
Concert  between  Reginald  Lord  Gray  of  Ruthen  and  Sir  Edward  Haftings,  which  lafied 
undetermined  from  J?,  a.  time  to  1 1  H.  4.  when  judgement  I  think  was  given  in  it, 
from  which  there  wr,$  Appeal  to  the  King,  by  reafon  of  which  it  refted  litigious  till 

Henry 


A  Co  rnmentary  upon  Forteicue,  583 

Henry  the  Sixth's  time  :  but  this  being  but  in  a  cafe  of  A  rms,  reaches  not  the  inftance 
of  our  Text,  which  charges  France  in  the  High  Court  of  Parliament  (  which  ought  to 
be  the  readieft  and  more  effectual  Court  ofdifpatch)  to  beinfo  great  a  degree  dila- 
tory, that  Plaintiffs  had  better  lofe  their  caufe  then  fue  for  it,  and  Defendants  anfwer 
the  Demands  of  it  then  defend  it  in  that  Court,  where  not  onely  there  are  detentions 
of  fuit  without  Judgement  thirty  years  in  fome  cafes  and  ten  in  other,  but  thole  charge- 
able evils  brought  upon  Subjects,  for  feeking  remedies  of  fmall  evils,  the  remedies 
whereof  have  been  worfe  then  the  difeafes,  witnefs  the  allegation  of  the  Chancellour, 
who  in  the  Text  recites  a  cafe  of  one  in  Paris,  who  for  a  right  of  eight  pence  Englijh 
in  Rent,  eight  years  in  the  Parliament  of  Par  id  profecuted  the  detainer  of  it,  and  all 
in  vain,  for  as  the  words  are,  Neciferavit  fe  inoElo  aliis  amis  ft  judicium  obtentu- 
rum.  Many  other  fuch  cafes  of  ruining  Delay  I  have  my  felf  been  acquainted  with  from 
thofe,  whom  I  could  name  if  it  were  convenient,  who  have  been  undone  or  at  leaft  un- 
repairably  maimed  by  Suits  \n  the  Parliament  of  Paris :  fo  that  true  our  Chancellour 
conceives  it  to  be  Anglia  Leges  non  tantas  ut  mihi  vifum  eft  dilations  fortiuntur  ut  fa- 
ciunt  Leges  Regionis  iHiui  ]  which  is  confirmed  by  the  prementioned  Statutes  made  a- 
gainft  Delay,  and  particularly  by  the  14  2T.  ?.c.  5.  Which  Statute  thoHgh  iterc&ed  +mftit,  f.t? 
a  Court  for  redrefe  of  Delays  of  Judgements  in  the  King's  great  Courts ;  yet  was  the  c- 6- 
inhibition  and  punifhment  of  nnneceflary  and  unjuft  Delay  before  that  Statute  at  the 
the  Common  Law,  which  required,  that  plena  &  ceteris  jujtitia  fat  omnibus ;  fo  in  the 
Writs  of  Fracipe  quod  reddat,  are  quodjufie  &  fine  dilatione  reddat :  and  fo  in  the  Writ 
de  execution  judicii,  and  the  reft  :  all  which,  plenoore,  do  confirm,  That  the  Law es  doe 
abhor r  delay  as  it  is  an  obftruSion  tojuftice. 

Sedreverapernecefarium  eft,  dilations  fieri  in  Precejfibus  Attionum  omnium ,   dum- 
mtdo  ipfa  non  fuerint  excejfiva. 

•This  the  Chancellour  affirm  not  to  gratifie  delayes  of  Subtilty,  but  delayes  of  Secu- 
rity and  Difcovery  j  for  many  things  are  either  compofed  or  conquered  by  time,  which 
in  Poft-haftes  are  loft  and  infeafible:  which  is  the  reafon  that  there  are  fuch  fteps  and 
gradations  to  judgement,  that  when  ever  it  is  gained  it  may  appear  to  be  after  Confi. 
deratum  eft  per  Curiam,  and  after  all,  that  diligence  on  both  fides  could  inform  the 
Court  by,  has  been  ufed.  As  therefore  the  Law  does  grant  Effoines  in  certain  cafes 
as  hereafter  (hall  be  fpecified  -,  yet  thofe  becaufe  they  are  in  view  of  Law  Delayes 
(  though  not  evil-intended  ones )  (hall  be  reftraincd  as  much  as  poflible.  Item,  It  «• 
stccordeiandejiablifhed,  that  it  (hall  mt  be  commanded  by  the  Great- feat  n*r  the  Little- 
feal  tt  difturb  or  delay  common  Right,  fo  fayes  the  Statute,  2  E.  5.  c.  H.  By  the  6  E.  1 . 
c.%.  If  the  Defendant  Effoine  himfelfof  the  King's  ferviet,  and  does  not  bring  bis  War- 
rant at  the  day  given  him  by  the  Ef'ine,  he  JhaU  recompense  the  party's  damage  for  hit 
journey,  andfliall  be  grievou fly  amerced  unto  the  King.  For  the  Law,  as  I  faid  before, 
though  it  tolerates  neceflary  and  reafonable  Delay,  which  does  not  endanger  the  free- 
hold, and  very  life  and  foul  of  a  caufe-,  yet  it  abhorrs  needlefs  and  vicious  Delay, 
which  the  Text  Giles  exceffive. 

NamfubiUis,  partes  &  maximt  pars  r«,  quam  ftpt  fibi  prtvideut  de  defenftonibus 
utilibus,  fimiliter  &  conftliis,  quibms  aliis  ipfi  carer ent. 

Though  the  Law  provides  not  for  the  guilty  perfon,  as  he  is  an  offender  againft  the 
Law,  to  anfwer  which  the  Plaintiff  compells  him  ;  and  therefore  ought  and  is  rather 
favoured  in  tryals  then  the  Defendant:  yet  that  the  equity  and  impartiality  of  the 
Juftice  of  the  Law  may  appear,  the  Text  fayes,  that  Delayes  are  ufeful  and  good  as 
they  fteed  all  parties,  even  the  guilty  fide  with  difcoveries  and  improvement  of  men 
and  things  to  its  vindication  and  defence.  For  as  it  is  the  nobleft  vidtory  that  is  obtain- 
ed in  a  field  foughten,  and  againft  an  enemy  difputing  terms  ultimis  viribus ;  (0  is  that 
the  moft  creditable  decifion  and  judgement  on  caufes  and  pcrfons,  which  is  after  the 
caufes  and  perfons  have  not  been  furprifed,  and  had  all  convenient  latitude  to  free  and 
evince  their  fentence  and  condemnation :  Then  then  the  fentence  of  the  Law  is  moft 
clear  and  juftified.     And  hence  come  the  unavoidable  Delayes  of  the  Law,  Delayes  do 

Qji  1 i 2  i 


58+ 


■Lib.    14.    Geo 
g.aph. 

Vmm  vifin  mi- 
nus (OKI  tfittcmt 
rtgnt  cimpmf*ni. 
Viler.  Max.  lib 

Dt  MiTAliiibm. 


Mulm  firttm* 
liber  u  peri*,  nun* 
ntminem,  epa*  in- 
fix* mtii  if  «7»» 
rei  *verf*tie  qui 
»*lnr*  damr.twt) 
idf9  nftnafHun  I*- 
Willi  fide,  fit    ma 
Uamibus,  qui* 
coarguii  illn  cut- 
fcimt*.  Sen. 
Epifl.  57. 
Eialm.  Adag. 
f.401. 

M*pt*"tmi  »•- 
f*m  t*ri%m  dteet 
Thtltfiphui,  voce 
grtvim.  tecum- 
item  t*rd*mfi*bi- 
lemve.     Lorinus 
in  txclef.  5.  1. 
Ecclef.  5. ». 
t.  7.  v.  ?. 
Trov.  14. 17. 
Ttftimri  prttipi- 
ttntir  fr  turn  fit- 
km  tjuodam  pave- 
re  fj-  filicitudine. 
Lorintu   m  Ec- 
tlef.  5.  ». 
Dot.  i.  i,-. 


Vi<to<ir  fc"  vert" 
Daniel  «Wi^<« 
perftrinfere   1(eps 
iraeundiam  fr  /»- 
mul  itijratitHdi 
item,  quod  ntnf* 
til  Hi  ■  ■     1  .;'»i 
Jient  ,*■  :r  iidM 
preftltret  *d  crude 
It  itind fnpfttctum, 

Calfiu.Mfoa»f». 


A  Commentary  upon  Fortes  cue. 

I  terroe  them,  rather  deliberation!  of  the  Law.  (For  delay  being  a  word  takenfin  the 

worft  fenfe,  i$  not  properly  attributable  to  the  Law,  which  is  ars  xqui  &  boni )  buc 
when  the  Law  fcems  to  be  guilty  ofir,  'tis  to  be  charged  on  Men  the  Lawyers, not  on 

their  Miftrifs  the  Law,  for  the  Law  is  precifely  againft  delay,  wherein  then  it  does  not 
fpeed  procefles,  as  eager  perfons  defire,  proceeds  from  the  wifdom  refident  in  it,which 
diftares  to  doe  all  things  by  deliberation,  to  a  juft  and  not  to  be  repented  of  conclufion. 
And  Magiftrates  who  arc  in  love  with  Juflice.as  that  SvaoobS/J©-  xa*/u J»,which  becomes 
the  wearing  of  reigning  Darius'/.  (I  allude  to  the  Story  in  Strabo,  which  tells  us, 
that  becaufe  Sylofon  having  a  garment  that  D*ritu  when  a  private  man  loved,  gaveic 
him  freely  ,  in  recompenfe  thereof  Dari*s  when  Emperour  gave  Sylofon  the  whole 
lflandandCityofthe  Samnians)  when  I  fay  Magiftrates  are  virtuoufly  entangled 
with  the  love  of  juftice,  and  put  on  righteoufnefs  as  a  Garment ,  jufticc  not  onely 

'  helps  them  to,  but  continues  them  in,  and  graces  them  by  her  largefles.  This  is  the 
Chancellours  fenfe,  that  the  Law  of  England,  and  the  fudges'xnk,  are  therefore  fo 
blcflcd  by  God  in  the  accomodation  of  their  integrities,  with  Monuments  of  tempo- 
ral eternity,  their  pofterities  in  Name,  fortune,  and  Honour,  becaufe  they  doe 
not,  either  precipitate  or  retard  jufticc,  but  fo  proceed  upon  Tryal  to  Sentence  ,  thac 
during  the  pendence  of  the  caufe,  there  is time  given  reile  confulere,  perite  defenktrt , 
utiliterconfummare,  what  is  pertinent,  if  not  to  their  total  vindication,  yet  at  leaft 
to  their  mitigation  in  point  of  judgement. 

Nee  unquam  in  judieiis  tantum  imminet  periculum  quantum  paritprocejfwfeftinatut. 

.  This  is  in  other  words,To  err  tn  the  right  (sdet  rather  by  \eingfomething  too  fUw,  then 
in  any  degree  by  being  tooquicki  and  that  becaufe  we  men  dwel  in  a  valley  whence 
we  can  take  but  a  fhort  profpeft  of  things,  and  being  fallible  by  reafon  of  our  imper- 
fect judgement,  are  fo  apt  to  err  and  miftake,  becaufe  poyfed  and  gravelled  with  fo 
many  partialities  and  frauds^  what  we  want  in  perfpicacity  and  certainty  of  judgement, 
we  are  to  fupply  by  integrity  of  watch  and  diligence  of  fearch  and  enquiry,  to  which 
fince  nothing  more  contributes  then  time  and  experience,  therefore  tio  much  hafte  ma- 
king wafte ,  is  to  be  in  all  reafon  declined.    For  thereby  confeience  is  not  galled 
nor  innocence  injured,  or  if  it  be,  yet  in  a  lefs  degree,  and  with  a  better  excufe  and 
defence.     For  however  the  pafiionsofmen  may  ruffle  them  into  vehemencies,  and  no 
pace  in   judgement   pleafes   them,  but    the  Carrere,  and   full  fwoop,  to  ride 
as  defperately  upon  their  oppofites  ruine,  as  rage  and  cruelty  can  prick  them  on  to ; 
yet  a  wife  and  worthy  Genius,  fuch  as  that  in  Juflice  is,  likes  not  thofe  Manilia  Jm- 
peria ,  thofe  hot  headed  and  fierce  fpirited  proceedings,  but  followes  the  method  of 
God,    Vcho  waites  that  he  may  be  Gracious,  and  the  exhortation  of  the  Apoftle,  to  be 
JloVp  to  wrath,  and  to  judge  nothing  before  the  time:  yet  this  not  fo  much  out  of  timorons- 
nefs ,  irrefolution,  or  disaffection  to  jufticc ,   as  in  care  and  providence  to  conduft 
her  into  her  proper  channel,  and  to  preferve  her  pure  to  the  purpofeof  her  inftituti- 
on.     For  becaufe  nothing  is  fo  perillous  in  judgement  as  haftynefc,  the  Wife  man's 
Counfelis,  not  to  be  raflt  in  our  words,  nor  to  let  our  heart  behafly,  and  in  another 
place,  Gee  not  forth  haftilyto  ftrive  leafi  thou  ^*ew  not  what  to  doe  in  the  end  thereof. 
Since  as  in  private  adhons  nothing  is  more  injurious  to  mens  fortunes  and  fames,  then  • 
fuddain  and  rath  evidences  of  themfelvcs,  fo  is  it  in  publique  fanftions  and  judgments 
of  Law,  which  Daniel  intimated  in  that  Stigma  he  gave  the  un  juft  and  fanguine  de- 
cree of  Nebuchadnezzar,  which  he  call  a  haft]  decree  ,    why  frith  he  to  Arioch  the 
King's  Captain,  is  the  decree  fo  haft y  ?  The  word  in  the  original  is  not   1HO  hafting 
righteoufnefs  Jfaiah  15.  5.  nor  WTl   //*/.  55.  8.  where  z>4t>/</fpeakes  ofa  pru- 
dent and  warrantable  hafte,   I  would  haflen  mj  efcapefrsm  the  windy  Jl 'or  m  and  tempejf, 
nor  T*$  in  Prov.  2.9.  20.  Set ft  thou  a  man  that  is  haftj  in  hid  Vrerds,  there  is  more  hope 
cf  a  fool  then  of  him,  it's  none  of  thefc  words,  but  it's  ^XH  a  Chaldee  word  fignify- 
ing  cm  del  u ,  feftina  ,  id  e/l,  crudelis  faith  Grot  tits  and  Lorinus  ,  yea  Calvin  fayes 
that  Daniel  does  in  them  perftringe  the  King  for  not  deliberating  on  the  tart  nature  of 
his  decree,  but  paj 'sing  that  fo  lightly  which  concerned  the  lives  of  innocent  perfons.   This 
mifchief  in  judgement  our  Text  tells  us  the  Law  avoides  by  halting  in  prpceffes. 
Net  mquam  in  judiciis  tantum  immintt  ptriculum  quantum  parit  pretty  ns  feftinatus. 

Vidi 


A  Commentary  upon  FortescuI,"  58? 

Vidi  Hcmpe  auondam  apud  Civitatem  Strum  aram  fudice  ejuodam  ad  Goalam 
ibidem  deliberandum  cum  Clericofuo  JJ/ignato  ,   &c. 

Here  the  Chancellour  produces  an  inftance  of  injury  thugh  not  murther  committed 
by  a  fujlice  his  quicknefs ,  in  flawing  the  extremity  of  his  power  -,  and  'tis  an  inftance 
not  by  report  or  hearfay,  but  whereof  the  Chancellour  was  himfclf  an  ocular  witnefs. 

Vidi  fayes  he  ]   that  is,  vidi  perfonam  &  attdivi  fententiam,  for  he  being  a  practiferof  / 

the  Law  in  his  youth  quondam  3  and  riding  the  Wtftem  Circuit,   did  then  at  Salisbu- 
ry, where   the  Afsifes  for  the  County  of  Wilts  was  holden,  fee  one  tryed  before  a 
Judge  and  condemned  to  be  executed  by  burning,  and  the  Clerk  of  Afsifes  in  Coramifsi- 
on  with  him.    Ad  deliberandum  Goalam  ]  as  there  are  Juftices  of  Afsile ,  Oyer  and  Ter- 
miner  ,  &  nift  prius ,  according  to  the  Stat.  weft.  2  f.  30.  fo  are  there  of  Goale-  ttMh.'w^i.'io. 
delivery,  and  that  to  expedite  juftice,  and  deliver  perfons  by  execution  or  difcharge  Wedm.p.r-z. ' 
of  them  from  unrcafonable  burdens,  which  delivering  oftheGW*  concerning  the  life 
and  Members  of  man  ought  to  be  performed  with  great  caution,  and  from  a  judicious 
Bench,  which  Sir  Edtoard  Coeb^  well  remembers  me  of  in  thofe  words,  Bytheohgi-  4in(iir.*.i7. 
ttal  infiitution  of  fnjfices  of  Afsifes  and  of  nifi  prius ,  the  try al  fbould  be  before  two  at  f'lia' 
thekafk,  and  it  were  much  for  the  advancement  of  Juftice  and  right,  to  have  the  Laty  .   , 

fat  in  execution,  for  plus  videntoculi  quatnoculus,  andejpeciallyin  Pleas  of  the  Crown 
concerning  the  life  of \man   fo  that  grave  Judge;  which  tells  us,    that  the  Law  does  not 
onely  take  care  that  there  fhould  be  plena  &  ceteris  jufiitia;  (and  therefore  com- 
mifsions,  Goale  deliveryes,  ne  homines  diu  detineantur  in prifma)  but  alfo  that  they 
flioold  be  before  Judges,  bene  gents  &  Sages  auterseuedes  places:  and  that  becaufe  Few  but  tf- 
the  Law  would  have  Juftice  and  Mercy  fairly  mixed  and  marftulled  together ,  that  fedual  words 
there  may  not  be  more  hafle  then  good  f peed,  which  that  Judge  of  whom  our  Text  fpeakes  rAuh  Sir  Ed- 
fhould  have  better  confidered  then  he  did,  and  then  he  had  avoided  the  terrour  he  fell  ward  Cook 
into.     For  though  true  it  be  that  Juflices  of  Oyer  and  Terminer  may  upon  indictment  4  inftit.p.b'S 
found,  proceed  the  fame  day  againft  the  party  indicted,  asappearesin   2E4.  in  the  4inftit.«.18. 
Cafe  of  Marbsri  the  rcfolute  Bifhop  of  Carlifle ,  of  Emffon  the  turbulent  executor  '•|l,7-. 
of  the  penal  Statutes  1  H.  8.  of  Bell  3  £.6.  of  Bonham ,  10  Elizabeth,  and  Fel- 
ton  in  our  Memory, and  yet  not  be  feftinaium  judicium,  but  as  the  enormities  and  proofs 
may  be,  prove  though  fo  fpeedily  execmed,  molt  ferious  and  good  juftice.  Yet  in  a  du- 
bious Caufe,  and  in  that  which  concerns  the  life  of  one  unnatural  to  their  relations , 
where  neither  confefiion  nor  direct  proof  is,there  upon  prefumptions,  though  never 
fo  vehement,  or  pofitive  oath  of  fufpected  credit,  as  to  the  credit  and  veracity  of  the 
Affir mer ,  to  adjudge  and  warrant  execution  is  very  hard ,  becaufe  the  Judge  is  di- 
fcemere  per  Legem  auidfit  jttftum ,  and  the  Law  having  en trufted  him  with  a  power  of 
reprive,  to  the  next  Sefeion,  that  then  better  proof  may  come  if  any  be,  or  favour  be 
(hewed  them,  if  the  proof  be  not  found  enough  to  take  away  the  life.     This  I  fay  t 
Judge  being  enabled  to  doe  and  not  according  to  his  enablement  doing  is  much  10  be 
blamed.    And  this  our  Text  inftances  in,  to  minde  how  dangerous  fuddennefs  is. 
for  here  was  a  woman  accufed  and  condemned  for  murther  of  her  husband,  and  bur- 
ned therefore,  who  was  clear  ofit,  and  that  by  theconfefsonofa  fervantrhat  did  it, 
and  owned  afterward  the  fact,  who  befides  that  he  charged  himfclf  onely  with  it,  and 
was  defervedly  executed  for  it, did  purge  the  woman  executed  from  all  hand  in  and  all 
knowledge  of  it  •   Magiftramfuam  uxorem  ejus  tunc  combuflam  innocentem  omninofu- 
ijfe  de  morte  ejus  ]    So  are  the  words  of  the  Text  which  fhew  not  onely  a  plenary  pur-  \ 

gationofher,  that  was  fo  fpeedily  concluded  the  Murtherer^  but  alfo  a  fad»fentence  1 

on  himfelf  for  fuffering  an  Innocent  perfon  to  be  condemned  for  his  offence,  which  • 

was  accompanied  alfo  with  fuch  a  terrour  to  the  Judge,  that  he  never  clawed  it  off  (as 
we  ufe  to  fay)  but  had  the  memory  ofit  before  his  eyes,  as  his  daily  terrour  and  a- 
maxement.  The  consideration  of  which  fhould  make  all  men  ftudy  temper  and  reftraint 
of  violence,  and  not  indulge  anger  and  fiercenefs  of  minde  and  action  •  for  that  our 
Lord  reproves  it  in  the  Difciplcs  that  would  have  called  for  fire  from  Heaven  ,  in 
thofe  words ,  Te  know  not  of  what  fpirit  ye  are  ,  and  inftructs  his  to  be  floty  to  ^*i  *•  ** 
judge,  and  to  bear  with  offences,  asfarr  as  wifely  and  fafely  we  may  rather  then  re- 
venge them-,  which  Augufiut  considering  as  great  a  piece  of  wifdom  practifed  it  tor 

wards' 


5§<S 


Seneca  lit.  1 .  de  Ira.c.  :?. 

Sttnnutii  mqriti  porta  tjl  »'<»<  mqut 
ftctrt.  anfnfimvitm  &  ptrtnrtmt*m  im- 
pttttnti  «£■"'.  f««*  mmutnt  efuntnm 
nor  tut,  menu  hatxtt  alijumdo  Ulendi  ftr- 
titiuvn;  mmejudm  fUtittm.  Ep.  105. 


*  Holingflied.  p .  noo. 

Hie  ctnftnliamm  m*l»  fruinwd  "nfri- 
imia  fi*i'Uari  &  plnnmnm  tUi  ttrmen- 
t„m  rtfe  eo  qnodperpttnt  UUm  folieimdt  »r- 
gettirjutvtrbtriu.  Since.  Ep.  J7- 


Catf.1i.21. 


Sueton.  in  Ocla- 
vlo. 

Fpiftle  to  the 
8  Report. 


A  Commentary  upon  Fortescue. 

wards  Tmagenes,  whom  though  he  knew  to  bean  intemperate  and  ruderevilerof 
him,  yxdhe  pcrmicted  to  be  in  PoUio's  houfe  ;  and  though  he  charges  PoUit  3*eio&- 
9»<,  Po\\\0  jboit  nourifhefl  a  wilde  Tigre  or  Savage  to  me  :    yet  he 
feilcs  not  on  the  rnifcreant,  nor  disfavours  not  Pollio,  bu  t  fayes  Fru- 
ere  mi  Pollio,  frutrt,  by  which  condefcenfion  he  avoided  all  feve- 
rityagainfthim,  and  did  not  burthen  himfelf  with  the  bloudof  a 
Subjed.     Nor  (hall  any  man  have  caufe  to  repent  of  his  lenity  in  a 
dubious  caufe,  becaufe  it  proceeds  from  goodnefs  and  likenefs  to 
God,  and  has  his  approbation  of,  and  benedidion  on  it,   which  the 
contrary  has  not}    for  rafh  and  fudden  feverities  are  the  bratts  of 
rage,  which  are  repented  of. too  late,  if  ever :   witnefs  the  hard  fen- 
Ccnce  on  the  good  Earl  of  Lattcaftc r,which  coft  the  Houfe  of  Valence 
Rof  Pe «£ro^,that  had  fo  deep  a  hand  in  it,  Extirpation ;  and  *  Judge 
Morgan  who  ran  mad,  and  cryed  continually  to  have  the  Lady  fane 
taken  away  from  him.     O,  'tis  good  to  be  flow  in  doubtful  things, 
and  not  to  fuffer  pafGon  to  precipitate  ■,   for  though  it  be  futable  to 
Jc^abcls  rage  and  Ahab't  covctousnefs,  to  Cam*  envy  and  DuvidS  luft,  to  the  Jtws 
malice  and  Judas  his  treachery :    yet  it  is  agreeable  with  no  virtue  in  man,  no  love  of 
or  likenefs  to  God,  For  his  Judgements  are  alwajes  jufi ;    and  in  that  he  is  faid  fo  go 
down  &  fee  whether  the  men  0/ Sodom  and  Gomorrha  have  done  altogether  according  to  the 
cry  of  it  which  is  come  unto  me,   and  if  not  I  will  know,  fo  is  the  Text,  God  as  the  Cbief- 
Juftice  of  the  world  teaches  Judges  to  confider  their  Judgements  before  they  deliver 
them:  for  ear*  JW  jBeseAV,  that  temperament  that  is  equally  ayerfe  to  rafhnefs  or  floth, 
is  the  beft  humour  of  a  Jufticer,without  which  no  learning  or  fidelity  in  a  Jufticer  can  be 
meritful  or  valuable,  Nihil  minus  in  duce  ferfelio  cjuam  feftinationem  ttmtritatemaue 
convenire  arbitrabatur.    The  experience  of  which  is  the  rcafon  of  that  pofition  and 
rule  of  the  Law  which  Sir  Edw.  Cook,  quotes  from  this  Chapter,  and  the  Editor  of  F or- 
te/tut  fets  out  in  another  Letter,  tofhew,  not  that  it  isatranfplantf  as  I  conceive) 
from  fome  Authour  unnamed,  but  that  it  is  a  golden  fentence  of  his  own,  Crebro  in 
de  liber  ationibus  indicia  maturefeunt,  fed  in  aecelerato  frocejfu  nunquam,  which  is  as 
much  as  if  he  had  wrote.  That  moderate  and  prudent  refpite  may  dilucidate  and  clear 
up  the  way  to  a  juft  determination,  which  in  a  fbeedy  and  heady  courfe  proves  abortion 
of  all  profitable  difcovery.     Hence  is  it  that  off  Law  being  a  Law  of  Juftice  and  Judge- 
ment, allows  Ejfoines  as  approaches  thercto.fo  the  Chancellour  fayes  in  the  next  words. 

Quart  Leges  Anglix  Effonium  admittunt,  qxalia  ntn  faciint  Leges  alU  mundi 
univerft. 

As  the  Lawes  of  England  are  for  freedom  Lawes  by  themfelves,  as  we  call  thofe 
things  that  have  no  fellows  •,  fo  are  the  Lawes  ©f  England  particular  and  Angular  in 
this  point  of  Effoining :  for  though  other  Lawes,  as  heretofore  I  have  fhewed,  have 
what  is  in  proportion  (  as  it  were )  the  fame  to  thefe  Eflbines,  yet  Eflbines  in  the  na- 
ture and  diverfity  of  them  they  have  not.  The  word  Ejfoin  is  purely  French,  fignify- 
ing  want  of  ability  in  Souldiers  to  hold  or  take  a  place  ;  thence  Ejfointr,  to  excufe  or 
discharge  an  abfent  or  impotent  perfon.  In  the  Aflifes  of  Clarendon  Temfs  Ft.  2. 
Etonian  is  a  word  made  Latino  by  our  Hiftorians,  and  ufed  at  large 
for  any  excufe;  fo  Hoveden,  No  man  was  to  lodge  anj  granger  above 
one  night  in  his  houfe,  unlefs  he  that  is  fo  entertained  have  a  reafon- 
able  Ejfoin  and  Excufe :  but  the  Lawyers  rcftrain  it  to  fuch  excufes 
as  in  real  A&ions  guilty  perfons  make  in  the  King's  Courts,  or  in 
the  Courts  of  their  Lords.  Thefe  Effoines  at  the  Common  Law  are 
reported  to  be  five,  1.  De  ultra  M art.  2.  De  Terra  fanEla.  $.De 
Maloveniendi.  4. Dt  Malo  letti.  5.  Dt  Strvitio  Domini  Rtgis.  Of 
Ejfoines  the  Stat,  of  Marlbridge  e.  1 9.  writes,  and  *  Sir  Edw.  Cook^ 
tells  u«on  it,  That  the]  were  infiituttd  upon  jufi  and  neceffarj  caufe s  • 
and  becaufe  they  fhouldnotbe  ufed  in  feigned  caufes  of  delay,  he  that 
cafts  the  Ejfoin  ought  to  btfwornthat  the  caufe  thereof  wMJu/Fand 
true.    It  fhould  fcem  at  the  Common  Law  Oaths  were  not  of  old 

required 


Nnlii  Kent  bofpitari  txtrtuitnm  aliqutm 
ultra  untm  ntStm  in  dome  fna  nifi  H»- 
ffiiatm  lilt  Efonium  r ttim»htt ■  bnbturit. 
Hoveden  in  ^tnnal.  p.  440.  in  Htn. 

Hcngham  Tarvd  e.  i.  o.  8j.  Edititn. 
Scldeni. 

Fleta  Wfr.  (.  c.  "j.i.f,  #'. 

Glanvit./>'t.  i.«.  u.  .;>.  • 

Spelman.  Ghfi.  ?.  141 . 

Trobtl  it  qnodliitt  Eflmimn  jure  jnrdn- 
dt  propria  ir  mien  MM,  dye.  Glanvil. 
lit.  I.C.I*. 

*  Cook  1  Inftir.  in  c  10. 

Slit.MttttTidf.f.itf. 


A  Commentary  upon  Fortescue.  j$j 

required,  but  men  growing  bold  to  milapply  the  juft  remedy  of  the  Lawunjuftly,  the 
Statute  reftrained  Oaths  to  extraordinary  not  ordinary  Eflbiacs,  that  the  reafon  of  the 
escufe  was  necefTary  not  dilatory,  I  mean,  in  Eflbincs  of  great  delay,  fuch  as  were . 
thofe  of  the  fervice  of  the  King,  &c .  which  had  gre^Belay  ■,  and  therefore  he  that 
alledged  that,  wastofwear,  though  in  common  Eflolftes,  which  were  but  for  a  fmall 
term,  no  Oath  was  required  by  the  Statute .-   for  the  end  of  thefe 

being  the  promotion  of  Juftice,  if  it  appeared  the  party  obtaining       *»"  <«'«».«»  fi>"  *<«• »»/»  fi>» 
lt  otherwife  defigned  it,  'twould  benefit  him  little,   ana  injure  trie     tlti,' ,„£„,,<?,■„,  «„,<,■„„,  p„iua,o,  cmi«. 
party  as  little  •    for  the  Judges,  who  hate  delay,  will  admit  excufes    fio&fimu,  Thoioa.symag.jmisw. 
in  no  cafe  without  Oath,  but  in  in  common  EfToj*.     Befides  thefe    ^  '• %- ff- 10- d'  D,1"u*,h"-  - 
Eflbines  there  are  other  Hops  to  Proceedings  at  Bm,  and  thofe  pro-  ui 

fitable  ones,  the  Text  ftilcs  them  Utiles  vocatitues  ad  pvarrantiam]       (b)c4\'l'sln'X7, 
Of  thefe  (a)  Glanvil  writes,  and  (b)  Littleton ;   and  the  reafon  of 
the  Law  is,  that  if  I  be  bound  to  defend  the  title  of  another,  as  the  Tenant  is  to  de- 
fend the  title,  then  he  that  has  the  reverfion,  fee,  or  term,  rauft  not  onely  furnifh  him 
with  Deeds,  if  any  he  hath,  but  with  fuch  a  proportion  of  money  as  is  reafonable  to 
that  end  s  and  that  becaufe  if  my  term  which  precedes  his  futurity  fail,  his  expedance  cook«»Lktk- 
alfo  fails :    and  he  warrants  to  me,  and  warranty  draws  fupply  and  recompense  for  all  ton- c-  '■  i-  r'a- 
damages.     The  like  is  the  reafon  of  Coparceners,  Quircddent  prorata,  fi  tenementum  I".'f.inftit.ci, 
compartitipi  aHottatutn  evincatur  ~\  faith  our  Text.   This  is  I  fuppofe  the  fenfe  of  learned  ?•  '7+- 
Littleton,  SeB.zo^.  upon  this  reafon,  that  where  all  have  a  joynt  title,  the  eviction  f  lcia  (,t- *•  '•♦• 
of  part  (hall  have  contribution  from  the  reft  after  an  equal  rate  and  proportion,   be- 
caufe they  all  are  of  equal  title  and  ought  to  be  equal  in  profit  and  lofs,  according  to 
that  rule,  Cujus  eft  lucrum  ejus  debet  ef[e  damnum,  &  e  convey fo:    and  where  many 
are  concerned,  their  profit  and  lofs  fhall  be  proportioned  and  allotted  to  them  indiffe- 
rently.    And  thefe  are  therefore  called  by  our  Text  Res  utiles,  becaufe  they  do  not 
onely  engage  parties  to  joyn  in  defence,  that  eftates  be  not  recovered  from  the  Pof- 
feflbrsof  them  ;  bat  after  recovery  oblige  to  recompenfe  the  damage  that  contrary 
to  the  nature  of  their  eftate  they  fnftain :    and  this  being  but  rational  and  juft,  is  there- 
fore profitable  to  be  effeded.  All  thefe  the  Lawes  of  Eng Und  admitting,  do  not  further 
thereby  delay  of  petence,  which  we  call  fpinning  out  of  time,  which  the  Text  terms  vtiUtpiatm 
Frivols  &  infrnttuof*  inducia  ~]  like  the  Parlyes  of  crafty  Souldiers  with  thofe  that  be-  no.4i»wif<»i 
fiegethem,  whom  they  pretend  difcourfe  with  in  order  to  rendition,  when 'tis  but  to  Z7*hc!»'Ja?*po- 
ceafe  hoftilky  till  they  be  relieved,  or  have  otherwife  diverfion  :   or  like  crafty  and  felf-  r»ub*tur  v« 
ended  Creditors,  who  pretend  offers  of  compofition  with  their  Debtors,  whom  by  the  ^/'"^'I'aU 
hopes*of  it  they  keep  from  profecutions  of  extremity,  when  as  all  the  while  they  are  Cmitfofe.  Lit. 
defigning  efcape  and  withdrawing  themfelves  from  them:    or  like  cunning  Miftrifles,  4.  «*•»*»  "7- 
who  pretend  correfpondencies  with  men  whom  they  have defigns  upon,  and  them  fer-  iu'™"Jvitu!' 
ved,  flight  anddefcrt  them.     The  futility  and  fraudulent  rottennefs  and  inanity  of  upn*.  fiffUu- 
which,  operating  nothing  but  fruftration  and  circumvention,  is  the  reafon  why  /W-  ^^Terenc^," 
voU&  infruiluofd  are  joy  ned  with  thefe  Induct*,  and  why  the  Text  explodes  them  al-  «  Eunuch,  i. 
lowancc  in  the  Law :   which  further  then  they  are  ampliative  of  the  truth,  and  not 
unreafbnably  prejudicial  to  the  adverfe  party,  the  Law  allowes  not.     And  if  time  and 
vice  of  man  (hall  ufher  in  any  fubdolous  errour,  by  which  the  good  intent  of  the  Law 
becomes  void,  then  the  Law  has  a  remedy  ready  for  it,  In  omni  Parliamento  amputari 
ifftpofiunt."]  For  that  is  the  felicity  of  England,  that  Parliaments  are  frequent,  and 
the  King  in  Parliament  by  that  ferious  and  effectual  power  that  refides  in  Parliament, 
can  either  fweetcn  or  reform  the  incovenience  -,   or  if  thofe  feem  not  good  to  his  Sove- 
reign and  Parliamentary  Judgement,**?*?*™'  po([unt,  that  is.they  may  be  damned  by  a 
Law,  and  cut  from  that  root  of  inconvenience  they  to  that  time  fprung  from  :  fo  Fefitu 
ufes  Amputate  for  refecare  vel  at/cinder e  ramos  Arbor  urn,  and  Tttllj  Amputare  ramos 
miferiarum  ;  fo  Ampuuta  *  circumcifaquc  inanitai  fro  fublata :  find  the  reafon  is,  be-  |  x  %'*f,^h '.' 
canfe  amputation  is  the  remedy  of  peftilency,  mortification,  and  gangrening,  hence  in  ?».'.. 
Tullj,  Amputare  quictjuid  &  peftif/rum.    So  that  when  our  Text  tells  us  of  reafonable  *.'hllipp" 
Deiayes,  it  intends  fuch  as  not  fraud  but  favour,  not  craft  but  juftice  has  introduced 
and  continued;  but  when  of  fuch  as  are  Minus  acc»mmodt~\  that  is,  which  are  occa- 
fions  of  injury  to  particulars,  and  of  lofs  to  the  whole  which  iscompoied  of  particulars, 
as  the  former  it  concludes  proper  to  be  continued,  fo  thefe  latter,  it  judges  ncceffary 

to; 


58S  A  Commentary  upon  FoRtEscut, 


to  be  discharged,  by  that  Grand  Maul  and  Battery  of  In juftice  and  oppre/fioo,  Par- 
liaments •   wherein  not  onely  new  rifen  and  emergent  evils  arc  to  be  remedied  prect 
•  fubditomm,  &  confdio  Membrorum:  but  alfo  any  Lawes  in  being,  when  they  doe 
claudicare,  that  is,  when  Ijfcealbn  of  age  they  grow  dull  and  difpirited,  as  to  the 
a&ivity  of  their  firft  Creatiorrwhen  they  have  either  Corns  on  their  toes  that  make 
them  tread  gingerly  and  tenderly,  or  Gouts  and  Palfies  that  render  them  wholly  un- 
able to  follow  offenders  fmartly  and  quickly ,  when  they  doe  claudicare  1  that  is,  doe 
©«/:  d*a»,     **  tUutus  his  Taylor  does,  fit  crofs  legged,  ftill  as  a  ftone  all  day,  when  they  are 
sZ.r  iimf.dct    Badger-looted  and  wont  endure  trial,  but  fall  fhort  of  the  end,  ctcvulnere  accepts 
umiiti.  piau-   eiAHfaMre  as  Tntfi  words  are ,  wjpiri  Lawes  doe  not  unarm  fervare  atiuabilews ,  ai 
/"ija/oJ.".  Budans  tranflates  Tuffs  atlio  clanWat,  then  are  thofe  Lawes  fit  for  parliaments,  (and 
t>.  cum  ortw.  bleffed  be  G«d)  thefe  Phyficians  are  of  value  to  fuch  valuable  purpofcs.  For  from  Kings-, 
u°"  Lords  Spiritual  and  Temporal,  with  Commons  in  Parliament,  have  thegood  additio- 

nal Lawes  of  England  been  made,  I  mean  thofe  wholefome  Statutes,  which  either 
reftrained.explainedjOr  added  to  the  Common- Lawes,  and  which  thereby  have  been, 
are,  and  I  hope  ever  will  be  the  daily  cure  of  growing  inconveniences ,  which  mindes 
me  daily  to  pray,  in  the  words  of  the  pfalmift  though  in  a  variation  of  fenfe.  Give  thy 
judgements,  0  Lord  unto  the  K  I N  G,  and  thj  rightetufnefs  to  thefe  the  King's  Sens  and 
SettbtTraj'  Subjetls ,  that  as  tbeKING  delights  to  be  a  fountain  of  Mercy  and  Juitice,fo  his 
tr  for   the    subje&s  as  Politique  Sons  may  be  dutiful  and  aidant  to  him  therein,  that  the  Nation 
High-Court    may  evermore  blefs  and  pray  to  God  for  This  High  Ceurt  of  Parliament,  under  Our 
of  Parlia-     Gracious  and  Religious  King  affembled  ,and  en  joy  good  and  beneficial  Lawes  by  their  in 
me'nt.  ft  ru  mentality .  For  by  the  meant  ■  of  Parliament  is  it  that  England  evcrhas,and  ever  will 

be  happy-,  fince  by  them.the  beft  Lawes  of  the  world  have  been  cither  actually  made , 
or  pomble  fo  to  be  made,  when  they  (hall  fee  caufe  of  addition  to  or  explication  of 
the  Lawes  made,  which  is  that  which  our  Text  .intends  by  optima  in  ailu  vel  potentia. 
For  as  he  can  want  nothing  that  either  has  aftually  every  thing,  or  has  that  in  his  power 
wch  will  procure  every  thing  when  his  will  pleafeth  to  apply  his  power  thereunto^  fo  can 
that  eftate  be  defective  in  no  point  of  good  Lawes,  which  either  has  good  Lawes  in 
acltiixcrcito ,  or  has  power  to  make  the  afts  that  are  not , fuch  as  it  would  have  them, 
fince  fruftra  eft  ptentia  que  n*n  rtducitur  ad  alium.  And  therefore  the  Law  being,  that 
Parliaments  are  frequently  to  be  held,  and  thofe  enabled  to  make  Laws  of  all  forts,r«ff* 
concludi  ptteft  faies  our  Text,  that  if  good  Lawes  there  be  not  to  anfwer  all  emergences, 
men  are  to  blame,  not  the  Government  •,  for  in  that  there  is  that  facrednefs  which 
conveys  optimacy  to  Lawes,  if  not  *'*  ailu  ,  yet  in  potent ia  ,  if  they  be  not  already 
the  beft,  they  may  be.befted  further,   per  potential  reduSam  in  atlum.    For 
the  Kings  of  England  have  been  ever  fo  Gracious  Lords,  that  they 
igum  pnprium  tffutrt  iuditam  &    have  yeilded  to  all  good  and  juft  Lawes  that  their  Sobjcds  in  Parlia- 
Sfr^i'S;    «nent  have  humbly  prefented  them-yca  and  the  Subjefts  oi  England 
&vidMaMifM,iiH,  otprimmtHr  k  (ttmti.    have  ever  (when  themfelves,  and  not  feduced)  been  fo  dutiful 
•^r*}***  J«ff«Hieiony-     L  d         tb     th      h       M\tti  nothing  that  their  Princes  have 

mat  mc.  ii.Jetemue.  L    P .  A        r         3  •    n.     l      t.  /•   i_  ••   i    j       •  i 

had  jult  caufe  to  except  againlr,  but  nave  fobecn  principled  with 

in¥t(ir  iti  rvr  as  imt  fa  m-     Religion  and  Order,  that  the  Law  has  been  acknowledged  by  King 

\nt\iu  -n  wlcn  ny.fa or  mo*a-     and  Subject  the  juft  Arbiter.and  that  conducted  both  King  and  peo- 

ni.    Ariftot.  Politic,  lib.  3.     pie  to  happy  improvements  of  good  and  durable  advantages  in 

t .  6.  profequution  of  the  Oath  of  God ,  both  on  Sovereign  and  Subjects, 

So  ends  the  5  3  Chapter. 


CHAP.     LIV. 
Princeps.  Leges  Has  nedum  bents,  fed  &  optimas  efie,  &c. 

TH  I S  Conclufive  Chapter  is  defigned  by  the  Chancellour  in  the  Perfon  of  the 
Prince,  as  the  recollection  of  all  that  has  been  written  concerning  the  Lawes  in 
the  former  Chapters  of  the  Dialogue ,  wherein  the  intent  of  the  Chancellour  being,  to 
prcfent  the  Lawes  of  £*£/<iW  to  his  love  and  judgement,  as  not  onely  Goodbm  beft 

for 


^Commentary upon  Fortesgue,  58^ 

for  England,  and  that  in  whatever  kinde  time  or  men  necefTarily  cal  for  either  Chance 
or  Explication ;  what,  in  thofe  Cafes,  is  fit  to  be  done,  may  be  wifely  and  feafonably 
done  by  Parliament,  which  confidered,  the  Prince  is  brought  in  acknowledging  what 
heretofore  the  Chancellour  had  written  in  the  1 5  Chapter  in  thofe  words,  Legem  il-        •  . 
lam  bonam  effe  &  tffcacem  adrcgni  iUius  regimen~\    which  was  in  replication  to  his 
doubt  Chapter  the  fourteenth;  and  which  hefeconds  Chap.  28.  30.  3  3. 45  47.    Ad- 
ding, that  the  Kingdom  of  England  being  governed  praftantiffimis  Legibtts  ~\  His  di- 
fcourfe  of  fo  fuperexcellent  Lawes  cannot  but  be  acceptable  to  the  Kings  of  England  iri 
all  times;  and  that  becaufe,  as  the  knowledge  of  them  is  noninutilu  doflrina^  f°  the 
exercife  of  fuch  knowledge  is  the  Grace  and  L'eace  of  Princes,  who  doe  delegare  regtre 
hgibus  preflantifftmis~\  and  who  have  then  their  regal  care  in  a  good  degree  lefTenncd  , 
when  they  are  intruded  by  equal  Lawes,  and  by  them  indifferently  adminiltred,  and 
thereby  thrive  in  the  blefllng  of  God,and  the  love  and  acclamation  of  their  Subjects.  I  or 
as  no  end  is  attained  without  proper  roeanes  conducing  thereunto,  which  is  apparent  in  via  '"'?'"■  '"• 
Mechaniques,  wherein  a  good  figure  is  not  formed  without  good  tooles,buc  be  the  de-   \7!cic* 'Jm-' 
Ogner  the  skillfulleft  man  in  the  World;  yet  ineptio  inftrnmenti]  that  is,  the  incongruity  tic.  lib.'  is.  337. 
and  unhandinefs  of  the  tool  indifpofes  to  a  compleat  artifice.  (For  ineptio  ty-  inept  hs  fig-  (3)  yercnt- And- 
nifies  every  thing  of  defect  and  imparity;  Thus  (a)  Can/a  intpta  in  Terence,  (b)  Chart*.  (b)l%ijt.u.n 
inept*  in  Horace,  rc)  Liber  ineptns  in  Plinj,  (d)  Lufnsinepti'xaOvid,  and  thus  inept  ire   [c>  *K*-ty  * 
pro  facer e  ant  dtcere,  qnod  nequt  loco,neque  tempore,  nequc  rebus, neane  per/ems  convemat,  jt,b.^-. 
are  to  be  onderftood.)    I  fay  our  Text  mentioning  ineptio  inftrnmenti,  as  that  which  L,i-  4.  ."»'«« Ma- 
does  faftidire,  not  onely  not  make  work pleafing  to  the  Workman,  but  tedious ,  for  cedoaz6- 
fo  fafHdircaliqatm  figmties,  hence  faftidire  preces  in  Livy,  and    v£fins  fafiidit  a- 
milium  in  (e)  Clattdian,  implies  that  funds  to  every  purpofe  makes  men  excellent  W  E*?ithaI-  4*; 
and  acceptable  in  it. 

Et  wit  item  ignavum  rtdd.it  dtbilitas  Lancia  &  mucronis  ]     That  is  when  a  man  dare 
not  truft  on  the  ftrength  and  toughnefs  of  his  weapon,  and  the  truth  of  itsedge,  that 
it  will  doe  execution  and  keep  off  an  enemy ,  though  he  prefs  hard  on  him.  for  Lances  t 
the  wcaponsof  H.  6  time,  if  they  .were  not  of  well  grownc,well  feafoned,  and  ftiff  ma-  v,mm  integrity 
terials,  if  they  would  bend  this  and  that  way  with  the  body  of  him  whom  it  touched,yct  «7*«w"!f*»»«  *f 
demounted  not  ©r  took  off  from  further  trial  of  honour;  or  if  thepoint  of  it  would  not  d"im£1\\sS' 
pierce  the  clothes  and  light  defences  of  A  ntagonifts,  but  when  they  come  to  dofe  fight, 
their  edgelefsar roes,  drcwnobloud,  did  no  execution,   fuch  difanimations  eclipfc 
men  of  valour,  and  make  them  difappear  on  action:  fo  doe  Lawes  that  are  unfit  and 
not  congruous  to  people,  toyle  out  aMagiftrate.andraakehimliveand  govern  di- 
fpleafingly ,  becaufe  the  engines  whereby  he  (hould  doe ,  move  not  agilely,  nor  even- 
ly, but  have  unequal  pulfcs ,  being  either  too  (hort  or  too  long,  too  fevere  or  too 
lax,  too  merciful  or  too  juft.    Which  fince  the  Lawesof  England  are  hoc  but  every 
way  fitted  to  the  Government  of  England,  fo  that  in  thtfafetj  and  prefervation  of  them, 
all  honeft  men  doe  thinly  the  Welfare  of  their  Countrej  doth  conftfk,  fo  faid  x  the  beft  and  *  Eicon  Bzffl. 
knowing'lt  Immortal  Mortal  of  his  time.  The  Monarchs  of  Englandhtve  ever  had  great  e'176- 
encouragement  as  to  rule  by  the  Lawes,  fo  to  know  the  Lawes  they  are  to  rule  by,  Eor 
as  that  of  Vegetius  quoted  by  Saint  Thomas,  or  ^gidius  Romanus  is  true,  that  a  /.,*.,.  Dcn^i: 
Souldier  is  heartned  on  to  battel  when  he  has  fit  armes,and  competent  knowledge  to  *""  rpri'K<t»m- 
ufethem,  whenheknowes  what  he  enterprifes  and  delights  in  it,  as  it  is  the  object  '^•"•'"  5"* 
of  his  intellect  and  by  reafon  thereof  is  not  ftrange  to  him,  quia  nemo  facer e  metuit 
tjmdfe  bene  didicijfe  confidit  as  the  Text's  words  are  ]  So  is  it  in  Government.   No 
Magnetique  is  more  potent,  no  inducement  more  cogent,  then  Lawes  of  reverence  to 
Princes  and  punifhments  of  the  contrary,  then  power  to  defend,  protect,  order,  re- 
ward ,  punifh  ,  all  which  being  due  to  Princes  by  the  Law  of  England,   they  have 
great  encouragement  to  adorn  their  Province,   to  go  on  couragioufly,  and  to  proceed 
to  know  more  and  more  of  the  Law,  which  is  thus  a  buckler  to  them,  and  a  beautify- 
er  of  them.  For  though  as  I  wrote  before  in  the  Notes  on  the  eighth  Chapter,  a  Prince 
is  not  to  be  expected  fo  furnifhed  with  difereta  determinative  peritia  &fcicnti*~\ 
as  a  Juftice  has  need  tobe}  yet  in,  the  nature  and  forme,  in  the  general  and  inchoate  \ 

knowledge  of  it,  he  mud  have  infight.  For  as  thofe  paflages  of  Fathers  and  Scriptures 
which  require  in  a  Prince   Scripturarnm  Vivinarum  peritiam  1  and  afcribe  to  a  tifaxa[fc 
prince  infallible  knowledge,  according  to  that  of  the  wifemm    U  Divine  {entente  is 

R  r  r  r  in 


59°  A  Commentary  upon  Fortescui, 

in  the  lipstf  the  King,  therefore  he  /ball  not  err  in  judgment  > 
flood  not  of  profoand  and  indeterminate  knowledge  ot '•cnptui 


yet  are  to  be  under- 
profound  and  indeterminate  knowledge  ot  '•capture,  but  oncly  of  fucb 
proportions  as  are  convenient  for  direft.on  and  judgement  in  con- 
dudts  and  adminiflrationso)  piety  to  God  and  men,  I  lay,as  rhefe  are 
then  anfwercd  according  to  Scnpture-requiries,  when  there  is  the 
Daj-ftarr  from  on  high  vifiting  Princes  in  holy  and  ferious  refolu- 
tions  of  walking  humbly  befere  God,    and  prudently  in  the  fght  of 
men  ■  then  a  Prince  that  does  it  may  well  be  faid  to  know  the  Scri- 
ptures like  a  good  Chrifiian,  though  not  like  a  Workman  that  needs 
net  to  be  afbamed,  that  is,  to  the  proportion  of  a  thorough- read  Di- 
vine.    For  though  it  tends  much  to  Princes  luftre  and  admiration, 
that  they,  as  Chriftians,  know  much  of  the  deprhs  of  holy  Learning, 
Vt  decet  facra  Theologu  Prefejforem}  as  our  Text's  words  arc,  and  as  King  fames 
and  King  Charles  the  Firfi,  Princes  of  eternal  memory,  to  the  admiration  of  all  men 
are  acknowledged  to  excell  in,  and  it  to  evidence  in  their  writings,  which  are  memo- 
rable and  raatchlefs  remains  of  their  regal  judgement  and  piety  in  the  knowledge  of  the 
myfteries  of  oar  Holy  Religion,  and  of  the  Law  of  God  the  rule  of  it.  1  fay,  though 
to  be  fcientifique  to  this  proportion  be  the  glory  of  them  ■,   yet,  Ear  urn  in  eonfufo  de- 
euftare  fententias^  'cfs  proportions  in  our  Chancellour's  fenfe  would  have  creditably 
adorned  them,  becaufe  they  have  Councils  in  Sacra,  whofe  place  it  is  to  know  the 
more  cryptique  parts  of  Scripture- knowledge  .-  fo  that  Princes  need  r.ot  Vitam  pro- 
fundere,  tmnesntrvosintendere,  &  omnem  ingenii  vim  apflicare,  as  7W;phrafesit  ■, 
nor  are  princes  to  be  pat  upon  fuch  exaftneffes  as  refide  in  thofe  who  endeavour  to  do 
by  facred  fcience,  as  he  in  Plautm  is  brought  in,  faying,  Ejus  nunc 
Rtgicnes,  limit es,  confinia  deter  minab*,  &  rei  finitorftQtts  Jam  ego. 
Thus  Spirit*  &  arte  deter minare,  which  Tim]  makes  the  K^itta 
ultima  of  Criticalnefs,  is  that  which  the  Text  preffes  not  to  ;    for 
it  mentions  onely  In  eonfufo  fententias  deguflare,  which  is  ieviter 
&  in  tranfeurfu  attingere,  as  (a)  gmntilian's  note  is  on  thofe  words, 
Degufianda  tamen  hat  prceemio  n>n  ctnfummanda  ;    and  as  (b)Ta- 
citus  tranflates  it  in  that  fpeech  to  Galba,  Jmperium,  &  ti.  Galba, 
ejuandocjne  deguftabis,  and  (c)  TuRj  in  that  paflage,  Aliquid  ife- 
cula  ex  feretone  alicujus  deguftare,  id  eft,  aliauantum  ffei  cenciptre. 
As  thus  then  the  Prince,  asiChriftiau,  being  verfed in '.cripture- 
*T>«jK.r4«/n-  learning,  may  be  well  accounted  in  Belvacenfis  his  words  quoted  in  our  Text,  Scri- 
ftttutint  Trinci-  ptlir4rfim  divinarum  habere  peritiam  :  ]  fo  by  undcrftanding  the  Law  in  the  fenfe  we 
,«».iib.i5.       have  in  all  humility  (and  under  pardon  of  our  betters )  predifcourfed  of,  (refpeft  being 
had  in  the  plenarynefi  of  knowledge  and  learning  thereof  to  the  Reverend  Judges,  the 
Great  Mafters  of  that  Science,  who  are  the  Prince's  Counfel,  and  by  whom  hediftri* 
butes  his  juftice  to  his  people)  the  Prince  may  be  faid  to  understand  the  Law,bis  intereft, 
and  preservation,  and  accordingly  to  be  encouraged  to  undergo  the  great  and  God- 
like charge  of  Government  chearfully;  for  that  the  Text's  rule  is,  Nemo  faceremetuit 
etui  fe  bene  didicijje  cenfidit.    For  fince  ignorance  eaufes  fear,  and  knowledge  confi- 
dence, the  Chancellour  preffes  the  Prince  to  know  the  Law,  that  he  may  truftinit,  as 
that  which  bell  warrants  Government,  and  moft  enables  him  to  a  courageous  mana- 
Obfervethis.  geryofit,  which  That  kolj  Miracle  of  Vevttien  and  Magnanimity,  whim  all  Genera' 
turns  for  it  /ball  caS  Bleffed,  our  late  bleffed  Sovereign  King  Charles,  hadfo  mnch  the 
conviction  of,  that  he  applyes  to  his  Great  Son,  our  now  Gracious  Trajan,  this  coucfel, 
Rather  to  be  Charles  le  Ben  then  le  Grand,  Good  then  Great;  for  the  true  glory  of  Prim  es 
ctf.  17.  to  the  (onfifls  in  advancing  God's  glory,  in  the  maintenance  of  trne  Rcligitn  and  the  Churches 
PiiBce  otwtlo.  ^^  alfointhedifptnfat'mof  civil  power,  with  jufiiee  and  honour  to  the  publicly  peace. 
Piety  VeiU  make  yon  profperons ,  at  leafi  itwi.llejtp  you  from  being  mi [tr  able-,  nor  is  he 
much  4  Lofer  that  lofes  alt.  jet  faveth  his  ew»  Soul  at  loft. 

Sit  &  fecerunt  Carolus  Magnus,  Ludovicus  filiui  ejus,  Rober tus  quondam  Rex  Fran- 
ciar ,  ijui  Line  fcripftt  fcqucntiam,  Vtni  Spirit ttt,  adjit  uokis gratia. 


Htc  «in*  •# <•«»  ■*;*  ft  fifi'r'P  "S- 

ntfuU.  at  fit  in  '<£»•  />«'  «■  ffi  **>mt. 
C-  ficM  Dtxi  m  mnndt ;  <yt*  fi  dil<itmtr 
mwM,  ix  *'im  ju/Iiiim  in  to  x.tJm  ttctn- 
ditur.  d»m  nnjidtrat  U  hit  ft  ftfiinm  «» 
l.m  Del  judicium  Mgno  txtrctal.  tx  tlltn 
vert  m*n[uetinUmi  6-  eltnttniid  ttniialem 
tuqwrtt,  dum  rtpmat  fin^ntti  q»i  /«•  /»*- 
Cunt  rtpmnu  fiiM  (rofrt*  mtmtr*.  San- 
ftus  Thomas  tit.  Dt  Tt^imme  Trincif. 


Learned 
Princes  in 
matters  of 
Reformed 
Religion. 


Cic.ad  Atlic 

lit.  •.  «;. 

I  #/Kc.  118. 


TahhI.  i. 

ThnUgi*  ut  ntmtn  fr*  ft  firt  «/f  /«• 
inti*  dt  Da,  bujm  amrm  f.itniid  ferft- 
B*  traditit  irttrumrtrnm  <ft*  Dtt  ptr 
ft  compel*'";  &  UUrmm  q»*  tidtm  tx  t» 
amd  mundi  tfiftx  &  finit  tit.  einvtnituit. 
tx*Sf*  miiti*  etntinttur.  Arragonius  in 
fr tfttient  ad  2.  fnnrds  Sanft.  Thom* 
dtfpt,  fit  &  chtruttt. 

(a)  lit.  4.  c  I.  «°. 

(b)  Tacitus  lib.  5. 
(c)Cic.^»Ctucntio.  $«. 


Heie  the  Text  prefidents  the  prince  by  the  great  examples  of  France,  which  he  is  fo 

much 


A  Commentary  upon  F 


ORTEXCUE, 


59 1 


Imitaur  er*t  in  hue  Catoli  Magni  /«- 
pirMnis  6-fMiijui  Ludovici  Imptrturit 
qui  pir  fenutifftt  lelHtniiui  ptftcbm- 
tur.  In  Fr*£mmti  Htfitri*  Aquiianicx; 
p.  Si.  p.  «4. 


*   Grimfton.  p.  6*. 

Ob  nurum    mmfmtudimm    Pii    namm 
if    cmftqiuitin.     Gaguini  Hift.    in  vita 

€JUI. 


much  taken  with,  to  be  excellently  accomplifhed  both  in  the  knowledge  of  God  and  £»*  ««y/*»» 

the  Law  of  his  Government ;    and  that  upon  the  account,  that  Princes  great  in  repu,  \maT'f'cZ"££ 
tation  and  glory,  have  thereby  attained  thofe  eminencies,  by  name  Charles  the  Great,  Ftancomm  -^t- 

Charlemaine  as  the  French  Historians  call  him,    who,  as  he  was  the  founder  of  the  Yx^iu^n'LVfJ. 

French  Empire,  fo  did  excell  in  all  thofe  gifts  and  graces  of  minde  which  were  requifite  Bat 2,  '^"gmi. 
■to  mike  a  Charle-maine  :    For  he  was  carefully  inftruUei  in  Religion,  which  he  honoured  *  /"?  a"l{i- 

and  loved -Kith  reverence  alibis  life  time,  And  likewife  the  Churches  Paftors,  charity,  tern-  ?,"*„  *™7«^», 

per  ance,  equity,  care  of ]uftice,  relief  of  the  poor,  to  keep  his  faith  both  to  friend  and  foe,   **>pii*n*t. 

to  ufe  victory  mode  ft  ly,  were  the  notable  effells  of  his  excellent  knowledge  ;    he  by  nature  ^f^olo 

loved  learning  and  learned  men,  he  called  humane  Sciences  his  Paftimes,  he  built  the  V~   Magno. 

niverfities  of  Paris  and  Pifi,  he  honoured  the  Law  es  of  the  Land,  nothing  would  he  doe  G,in»ft°n.  «$• 

without  advice  of  the  three  Estates,     He  took,  not  the  Empire  but  with  cenfent   of  the    """"  f's°' 

Romans  who  elttted  him,    the  good  old  Lawes  of  the  Empire  he  confirmed,  andexcel-  ^"f,5*" 

lent  mW  ones  he  added,    Church- a  fairs  much  difordered  he  fettled  by  five  Ctuncils,   T.t,'. 

Mentz,  Tours,  Challons,  Ftheimes,  Aries,  aU  congregated  to  fet- 
tle and  reform  it,  which  fettlement  he  caufed  to  be  publijbed  in  a  Bool^ 

called  Capitula  Caroli  Magni  ■,    When  he  was  68  years  old,  and  had 

ended  the  Warts,  he  [pent  three  Whole  years  in  his  ftudy,  reading 

the  Bible  and  Saint  Auguftinc  t    thus  fay es  the  ftoryoi  Charles  the 

Great.  Good  things  alfo  record  they  of  Le Wis  his  foa,  named  in  our 

Text,  who  was  called  Lr.dovicm  Pitts, not  in  *  reproach  to  his  KiDg- 

lefs  floath,  for  which,  lofing  all  his  Dominions,  he  was  (tiled  Lewis 

the  Gentle  ■,  but  for  that  he  was  of  moft  excellent  temper,  and  did  pa- 

trizate  though  not  in  fortunatcnefs,  yet  in  intentnefs  on  meditation 

of  Scripture  and  good  books :    as  long  after  did  Lewis  the  Ninth, 

whom  Hiftorians  call  the  Saint,  Leading  a  life  worthy  a  King,  loving 

and  honouring  Religion  with  much  z.eal  and  refpetl,    taking  delight 

in  reading  the  Holy  Scriptures*    the  which  he  caufed  to  be  translated 

into  the  French  tongue,    He  had  -a  good,  juft,   and  fober  font,  &c. 

Et  Robertus  quondam  Rex  Francix  ]  This  Robert  was  the  37  King 

of  France,  Son  of  Hugh  Capet,  and  was  fo  noted  for  piety,  that 

be  is  called  Roberttu  Pitts    Helgaldtts  in  his  life  fayes  fo  much  of  him, 

as  more  of  admiration  and  fuper-fuperlative  character  cannot  be 

written,  That  he  was  the  Standard  example  *f  civil  life,  the  patient 

tmbracer  of  all  the  cafualties  of  mortality ,  devout  to  God,  making  the 

Church  hs»  content, and  the  humility  of  a  /inner  in  it  his  day ly  delight t 

pmplicity  of  f«ul  he  loved,  contemned  and  pardtned  injuries,  avoided  ex' 

eefs  both  m  drtfs  and  dytt,  was  4  man  of  notable  eloquence,  taken  up 

wholly  in  reading  and  meditating  David';  P falter,  a  great  Benefactor 

to  the  Church,  having  a  Prieftly  minde  in  a  King's  Eftate  and  Perfon ;   which  fo  con- 
tributed to  his  acceptance  in  what  ever  he  faid  or  did,  that  the  refponfals,   which  our 
Text  calls  the  fequence,  Spiritus  fantti  adfit  nobis  gratia,  8cc.~]  Ire  faid  to  be  his  .-  Glimflon  ntf, 
this  and  much  more  is  he  famed  for  in  Chronicle.  Thefe,  together  with  other  Princes  of  France,/.  ?«. 
France  famous  for  piety,  Philip,-  Lewis  the  Seventh,  and  LeW is  the  Ninth >,  who  reign- 
ed all  long  and  defiredly,  are  by  our  Chancellour  from  Belvacenfis  prefentcd  to  the  ih»o&M nd. 
Prince,    as  the  notable  examples  of  piety  and  probity,  which  are  the  chiefeft  orna-  n>ihfiru*- 
ments  of  Princes,  and  which  being  efficacious  and  in  very  truth  in  them,  di  (poles-  them 
to  the  right  ufe  of  power  -,    which  is  rtot  more  to  confider  themfelves  placed  by 
God  and  the  Lawes  in  an  uncontroulable  heighth,  '  ( which  no  Subjects  mufl:  or 
ought,  to  dare  to  fet  themfelves  to  infolently   confront  or  abate ,    the  rule  being 
in  the  Doctors,   Jmperator  gerit  omnia  fura  in  fcrinit  peiloris,  (  by  which  they  are 
made  fole  Lords  of  Lawes)  whereby  to  incline  thorn  to  do  what  they  in  the  latitude        ' 
of  fuch  power  may,    as  men  of  might  in  the  full  fwoop  and  fwinge  of  their  abfolute 
power  do.-)  then  to  folicit  and  remember  them,'  that  though  they  are  accountable  to 
no  man  or  Tribunal  here,  yet  to  God  and  the  Ma  jefty  and  Jurifdi&ion  of  his  Divine 
Abfolutenefc,  whofe  Vaflals  the  mighty  Monarchs  of  the  World  are,  they  are  refpon- 
fiblc.     And  therefore  as  the  Chancellour  began,  and  has  hitherto  profequuted  this 
Difcourfc  of  the  commendation  of  the  Lawes  of  England,  to  beget  in  the  Prince  a  de- 

Rrrri  firt 


Hifttrjof  Frinse.  p.  ij». 


•B«i«  nirilmi  fitSlttifiimm  T(tx  nte 
minus  tptimis  "Difiiplinii  minus.  Gagui- 
nus  lit.  j.  /*•/.  41.  B. 

Zr*t  in  M  jKgii  &■  firequins  sd  Deum 
ir*ih,  inunm  fitxit  wnumtnbtli,  ad  im- 
mui*  ttnverpttitmt  txtmflum,  pir  Ubtris 
fenerd  univtrf*.  vir  pnvSm  *dfrmm», 
fiflm  m  confifotit  clitntem  fi  tjft  h',m- 
tijttnu  fatbtUHr,  nunquvn  injuri*  tcciptm 
ad  uUifimduin  duSmi,  Sec.  HelgalduS 
m  Efiltm.  vils  ijui  imtr  Hifitruu  Fraa- 
corum  *k  iAnn»  Chrifli  juo.  ud  ^inimm 
li8j.  p.if. 


59* 


A  Commentary  upon  Fortescue, 


Hitem  <jt  tredt  mmihu  ftdihuijuttk- 
nixe  tmni*  f*Hnram.     Teient.  And.   1. 

i.  H4. 

Cxfar  Comment.  UK  7.  1tll$  <j*l. 
lid.  5. 

Cic.  3.  Philip^.  147- 

1/t  ill*  jltmmt  divinitm  txtitife  vtdt- 
ttur.  run  t«t  dcltrit  Jovi»  Op'  imi  Ma- 
jtmi  Ttmflum,  fed  qut  frtcUnn  maffn- 
firumtmcfxc  itpufctret.    Cic.  6.  Vert.  «i. 

*  Ctul.  1.  Cent.  8./.  277. 171. 


fire  to  know  what  is  juft:  and  unjuft  by  tlie  Law,  and  that  Law  the  Lav;  of  Et  gland, 
and  the  meafure  of  that  Jufticeby  the  Law,  has  acquainted  him  with,  and  earneltly  in- 
vited him  to  make  the  ob  jeft  of  bis  love  and  choice  •,   fo  does  he  here  in  this  concluf.on 
inculcate  the  fenfe  ofthefe  prementioned  defigns  of  his  love,  evidenced  in  tbofe  fa- 
miliar, friendly,  and  loyal  applications  to  him,  which  the  Prince  in  the  Dialogue  is 
brought  in  fo  to  refent,  that  he  not  onely  yields  to  the  Chancellour's  fwafion,  as  ap- 
pears in  thofe  words,  f£uia,Canccllarie,  ad  Legum  Angliae  difsiplinatum  mihijam  ccn- 
fpicit  fuffici&tcr  effefuafimMc.  but  fubjoyns  a  relaxation  to  the  gravity  and  good- 
nefsofhis  love  and  learning  therein  from  any  further  travel  or  argument  lnfatisfaAi- 
on  to  his  youth,   Non  te  am  flint  hujus  prate  xtu  folicitart  ccuabor  ~]  faiih  he  :    and  as  a 
towardly  and  grateful  Prince,  who  well  underftood the  profit  and  benefit  of  liisDifci- 
pline,  entreats  him  to  a  further  procedure  in  methodizing  the  Law,  and  in  regulating 
his  ftudie*  therein,  that  fo  he  may  attain  to  the  knowledge  of  the  Englijb  Law,  which 
is  the  glory  for  EngUfb  Princes  to  know  that  they  may  love,  and  love  that  they  may 
conform  their  publick    adminiftrations  thereunto.      This  is  that, 
which  the  perfonated  Prince  is  here  mentioned  obnixt  depofcere,  that 
is,  not  faintly  and  formally,  but  c urn  tonatu,  inflanter,  utis  viri- 
bus,  to  defire  and  long  after  ;  (for  depofcere  is  a  verb  of  vehemence, 
fo  Cafar  ufes  Depofcere  omnibus  poUicitatknibtu  at  pramiis  for  tarn- 
eft  and  not  to  be  denyed  attacking,  leaving  no  ftone  untryed  and 
unremoved  :  Non  mode  ntnretufem,  fed  appetam  ataue  etiam  depof- 
camisTuUfs.  )  Ar.d  that  upon  refolution  of  conviction,  that  as  the 
Chancellour  was  no  *  toKtiic  l*  piem^  no  Gracchus,  making  a 
great  noife  tonopurpofe,  or  in  our  Proverb's  language,  A  great 
trj  and  a  little  wool  ■,    nor  did  he   in  his  difcourfe  and  the  arguments  of  it,  Apologum 
Alcinti  intrtducere,  as  they  do  irgratefully  er.cugh  to  wife  men,  who  frame  argu- 
ments from  impertinent  fabulofitks,  r.o  futh  trite,  nugatory,  Theatriqtae  trifler  was . 
our  Text-Maftcr  :   but  as  one  that  had  himfelf  imbibed  the  Law,  and  by  the  practical 
fcicncc  ofit  had  connaturalated  ihe  rcafon  of  it  to  his  minde,  which  was  fully  poffcfled 
of  it,  and  was  able  to  poflefs  others  with  the  love  and  undemanding  ofit,  he  draws  off 
the  Prince  from  his  prepofltflions,  ar.d  makes  him  a  Convert  of  that  courage  that  he 
bids  defiance  to  all  other  Lawes  in  competition  with  it  •,  for  his  approbation  of  its  fitnefs 
to  the  temper  and  people  of  England,  the  incomparifon  between  which  and  it  he 
makes  as  wide  and  impofiible  to  be  rationally  reconciled,  as  to  compare  -the*^^*, 
which  precedes  the  Sun  and  has  the  preheroinence  of  all  flarrs  in  trie  influence  of  the 
World,  Lucifer']  to  the  other  ftarrs,  which  are  as  farr  beneath  it  as  Heaven  and 
Earth,  or  the  utmoft  oppofites  in  nature  are  remote  from  each  other.     Not  but  that 
the  Prince  approves  other  Lawei  as  highly  for  other  CoBntrycs,  as  the  Common  and 
Statute-Lawcs  for  this  -,    but  that  he  would  conclude  as  he  b<  gan,  beirg  flill  the  fame 
he  was  in  the  fixednefsof  awcl'.-ballafted  judgement,  he  fuperfedes  his  further  addrefs 
to  him  and  progrefs  in  this  Dialogue,  giving  humble  and  hearty  thanks  to  God  who  is 
Alpha  &  Omega,  qui  ea  incipit,  profecutus  eft,  &  finivit,  as  his  words  are.]    For  God 
alone  it  is  that  excites  us  to,  encourages  us  in,  preserves  us  for,  and  crowns  us  witha- 
bility  to  ferve  his  glory  in  all  honeft  and  worthy  undertakings:    and  to  him,  As  the 
onely  giver  of every getd  and  perfect  gift,  does  my  proftrate  and  grateful  foul  afcribe  the 
onely  praife  and  power  of  this  my  weak  enablement  to  finifh  this  undertaking,     for 
notwithstanding  thofe  flattering  Hyperbole's  which  vain  menareapttqexcurrin,  as 
hevapouringly  did  who  encomiated  Archimedes  in  thofe  words,  Jgued  ad  Geomttriam 
at  t  met  Beum  aliauem  in  ea  fuiffc  Arcbimtdem,  There  is  too  too  juft  caufe  for  all  men 
to  dtbafe  themfelvcs  before  God,  and  to  acknowledge  all  that  they  know  is  but  igno- 
chimedis.f»/>«/:  rancetothelightofhisOmnifcience:    and  that  whatever  is  theirs  in  the  clarity  of  fpe- 
yeneuu    «        cu|atior))  \%  buc  mUtuared  from  that  primaeve  and  Architeftonique  \\ght,Vphuh  enlightew 
eth  all  that  come  to,  and  live  in,  the  World.     This,  This,  being  the  Mercy  fprung  from  cm 
high  vijiting  mt  in  the  darknefs,  errour,  and  ignorance  ©f  my  finful  minde,  and  raifing 
me  up  from  the  grave  into  which  I  was  almoft  *  gone  while  this  was 
*  By  teafen  of  a  great  ficknefs.  compofing,  and  from  which  this  goodnefs  and  favour  of  God  ( which 

jrr,  TS&SSXiZ  1  *g  ™y  * cvcr  lcsiblc  in,my  h"rt  and  B? )  ™H  mc  whc"  °- 

»"  J'f».  s- ' 3+»  then  have  mifcarryed,  as  did  Father  Prad/ts  in  his  Comment  on 

E^echieL 


Dt  triviltfiii 
lueiferi.  L*j« 
RoTcllium    in 
Piman.Mercurii. 
T»i».  t.  lit.  2. 
Cm,  9.  c.  4. 


Commandi  run 
i»  Ep  if  At  Dtdi- 
itlmt  Cardinal. 
Fatnefio  ami  0- 
pera  tlitptt  At 


A  Commentary  upon  Fortescue.  5^5 

Ez'thiel,  and  ViHatpandns ,  who  perfecting  Tradus  his  unaccom-  >  c*nti«m,  tmM,  us,.,**,  /«*„  & 
p!ifh:d  endeavour,  dyed  alfo  at  Rome,  what  remain*,  but  that  as  mv»  frk-mii  w«i  «#«/««,  f,ji,ur,,i 
Godbasgivenme  a  new  life  to  perfeft  (though  in  a  weak  and  "%#£^^£% 
worthlefs  meafure  ,/  this  endeavour  •,  fo  I  nope  he  will  give  me  p«»  ««»»  ««/»» pm.  f,urit,  mu*m  t+. 
a  wiil  to  improve  every  advantage  his  providence  minifters  to  me  """/'"  ,xinim*  ™y»v"  w.«  «•*«. 
to  his  g'ory,  and  the  good  of  the  men  with  whom,  and  Age  in  which,     imp,ut»  ptrp,iunt,  &  «CTJ  «„/5„n,j», 

J   live.  fufflmt  (pi*  a  mi  prdttrmifi,    vtt  nimit 


The  Aftthour's  Conclufion. 


fmptrt*  fmt.    Rifaad.  idim  Ua  pr*tii. 


I  Shall  conclude  all  with  the  Epilogue  of  the  grave  and  learned  Littleton,  £*e  ie$ 
voil  tjfte  tit  ereies,  &c.  /  would  nit  have  thee  (RE  ABE  R)  believe,  that  ai  which 
1  have  faidin  thefe  [Commentaries'^  it  Law,  or  apprehended}]  me  void  of mijtakj  "J 
for  I  will  not  pre  fume  to  talee  this  nfen  me,  but  of  thofe  things  that  are  not  Z,4w,  enquire. 
And  albeit  certain  things  .which  are  moved  and  fpecified  in  thefe  Commentaryes  be  not 
Altogether  Law,  nor  in  every  particular  fuch  as  men  of  deeper  judgement  would  pro- 
dace  .•  yet  what  is  in  all  love  and  humility  offered  Thee  may  make  Thee  in  fome  mea- 
fure  more  apt  to  underftand  and  apprehend  the  reafon  and  arguments  of  our  Text- 
Mafier,  drawn  from,  and  quoted  for,  the  honour  and  eftablifhment  of  the  Lawes.  For 
my  intention  is  not  to  blazon  an  ambition  to  feem  to  know  much,  or  by  a  Di&atorian 
confidence  to  impofeupon  Thee  any  thing  againfl:  thy  reafon  and  better  skill,  but  to 
continue  fome  memorial  of  what  the  learning  of  former  men  and  times  has  inftru&ed  me 
in  to  the  benefit  of  thofc  that  fhall  live  after  me.  And  I  pray  God  1  mAj  Attain  to  that  high 
andonelj  to  be  emulated  degree  of  learning,  to  lyto'to  how  to  be  trnely  humble  And generouflj 
modefi,  considering  th  At  of  the  Apofile,  Gedrefifteththe  proud  but  he  givtth  grace  to  the  4  •[?"*• 
humble,  which  Sir  £<WJ  C««£comments  well  upon  in  that  Aphorifm,  which  on  Lit-  Hfl?™*t£. 
tleton's  Epilogue  he  recites,  Nulla  virtus,  nulla  fcientia,  locum  fuum  &  dignitatem  son-  tletonum. 
fervare  potefi  fine  modefiia. 


Scripft  2t)v  ©gw. 


Operant  da  ut  vivus  landabilis,  mortuus  autem  beatus  judictris.  Aotagenei 
«^aiStob£um,  Serm  69. 

Literarum  [cientiam  juftam,  javeni  morum  temper antiami  feni  folatia  vita 
afferre,  in  rebus  fecundis  arnamttuum,  in  adverjis  fubfidium  ejfe.  Budasus 
in  lib.  Lefiudio  Literarum  refte  tnjiituendo. 


«*»  •*»  «*»  «*»  *t»  ♦*»  «t-»  \£fa2foj&L£&* .  2foj&\£$2.2&l.  IX*>  i**  '*»  «•»  «tt»  **» 


A  Table  of  the  principal  Heads 

and  material  things  contained  in  Thefe 
Commentary!*. 


Allegiance  due  U  the  King's  Per/on. 
Page  i5 
Bj  the  Law  of  nature,  ibid . 

Due  to  Kings  qua-/«A,  and  not   tnelj 
VthtH  good,  tut  when  evil  alfo.     ibid. 
Dinger  of  limiting  aUegiance  to  one  capacity 
of  the  King,  excluding  the  other      p.  1 6 
A  fflittio* good  for  men.  p.  7  4 

Animations  of  people  to  good  Princes,    p. 

81,82 
Ariftotle  the  philofopher  worthil)  fo  called. 

p.  85 

The  fubjeil  of  envy  at  home.  p.  86 

III  ufed  now  dead.  ibid. 

Arts  derided  by  Ignorance.  p.88 

None  can  rightly  value  Arts  but  Arties. 

p.89 
Every  Artifi  loves  hit  own  art  befi.  p.90,9  • 
Abfit3  What  it  imports.  p.97 

Adjuration,  what  it  imports.  p. 99 

Apocryphal  Books  not  divine.  p  1 09 

Apprentices  at  Law*        p.  1  ?8,547  A  fc9- 
Abfolute  power  has  no  limitation,    p.  I J  9, 

160,161,  &c. 

Abfolute  Government  infiituted  firfi  at  a 

punijlment.  p.'75»'76 

The  Original  of  Abfolute  Monarchy,    p. 

179,180 

Of  it.  P.XI4 

Angels  have  more  power  then  men,  in  what 

fenfe.  p.  220,221 

Attaint  of  Juries  for  Per jury,  the  great  pu- 

nifhment  ejit.  p.3 46  ad  3  52 

Altum  Marc,  what  the  Admirals  poWer  on 

it  is*  P-4c8,40p 


B 


BIfitops, Cover  Hours  of  the  Church,  ought 
to  know  more  then  other  men.  p.  127, 

128 
Kingdoms,  Bodycs-pelitiaue  are  compared  to 
Body  es- natural,  the  King  the  Head,  the 
Law  the  Heart,  ice.       p. 197, 198,199 
Brnte  the  firfi  Monarch  probably,      p.201 
Bay/itoickj  what.  p.  3  2  3 , 3  24 

Baftardy.  p.  466  ai  475 


CAtholiaue  and  Catholiei.         p.  ?  1 ,  J  2 
Roman  Church  no  more    Catholiqut 
thin  any  other  Church.  p.  3  2 

The  Countenance  is  the  glafs  of  the  foul.  p. 

Good  Counfel  welcome  to  good  men.         p.76" 

Cufiom  to  do  ails  of  virtue  wiU  make  virtue 

delightful  to  us.  p .  1  o 3 

Good  Counfel  defpifed,  dangerous.       p.  114 

Children  to  be  educated  according  to  their 

Genius.  P-"3,ii4 

On  their  breeding  depends  ordinarily  their 

proof.  p.  114,115 

Cufioms  what  they  are  and  import,  p.  1 19, 

120 
Caufes,  Elements,  and  Principles,  Vchat.  p. 

Charity.  p  126 

Corporations,  how  firfi,  very  ancient,  p.  ic8 

209,  no 

Civil  Law  highly  refptUed  as  in  right  it 

ought.  p.  213, 214,224, *i«,2}<$ 

Conauefls  of  us  by  Romans,  Saxom.Dancs, 

rf/w/Normani.  p.  23i,282,&c. 

Cow 


The  Table 


Ccnqutfis  change  Lawes  and  Language,  p. 

Common  Law  and  Civil  Law  not  to  be  ho- 

Qiltly  compared.  p.236 

Chaftitj  a  Prtfident  of  it.         p.  27 1 ,1 72, 

273,274 
Contrails  What.  320,321 

CountyesWhat.  231,522,323 

Criminal  Caufes  how  the  Law  of  England 
proceeds  in.  P-  359,  &  kq. 

Cardinals,  when  created,  what  they  are,  and 
how  difficult  'tis  to  accufe  them  though  ne- 


ver fo  fddnerous. 


p. 40^406 


Corpus  Comitacus  what,  and  how  Altum 
Mare  is  Extra  Corpus  Comitatus.    p. 

4C0 
Clandefline  Marriage  forbidden,   ap  412 

ad  417 
Commons  of  France  miferably  poor,  p  440 

ad  448 

Children  bond  or  free  as  their  Mothers  are 

bj  the  Civil  Law.  p. 48 5 

Courts  of  Princes,  when  good  Nurferjes  of 

,  Youth- Nobility.  p.$o6,^07,Scc. 

Cards  and  Dice  hoW  to  be  ufed,  and  h;W  not. 

P-Ji8,si9,520 


PRinces  as  wet  as  others  have  their  De- 
lights, p  9 

Deuteronomy  why  prefer  ibed  to  be  read  by 
the  Prince.  P-  34 

Doftus,  what  fenfe  it  has.  p.  9  5 . 

Dcp.latio,  what  it  pgnifics.  p  168. 

Daemons,  what.  p.314 

Dijpenfations  when  lawful  in  matters  that 
relate  to  Confidence.  P-47I 

Minj  things  dtfpenfed  with,  that  are  not  le- 
gitimated. P47* 

Delay es  bated  by  the  Law.      p. 585  ad  5 90 


THe  Eye  the  chief  Organ  in  man.  p.  41 
Efcheats,  what  in  our  and  the  Civil 
Law.    s  P  96. 

Elements,  what  they  art  in  the  Law  as  well 
Mother  Arts.  p.  118,1 25 

Elders  evil.  p.271, 272,273 

England,  the  commendation  of  it,  p.  3673d 

390 

England  a  free  Government  compared  with 

that «/ France,     p  421  ad  440.  &  45 1 

ad  456 
Effoines  allowed  by  Law ,  hoW  and  why.  p. 

584  ad  590 


F*  Or t une  does  not  ever  favour  worth .  p. 
10 
Fear  of  God  what,  and  the  different  natures 
of  fear  Wtth  the  effcBs  of  it.     p  3  < ,  3  6, 
37»<8,39,40,&feq. 
FelicttJ,  wherein  itconftfts.  p  58 

Felicity  and  Beatitude  all  one.  ibid. 

It  eonfifts  in  virtue.  p.  5  9,60 

Faith,  Hope,  Charity.  p.  1 26 

French  Government  tends  to  mifery  of  Sub- 
]tc~ls.  p.41 9,4.20  ad  450 

Father  of the  chide  he  is  whofe  the  Marri- 
age is,  and  whomfuch  to  be,  that  d  dares. 

p,+83&feq. 

The  denomination  of  the  childe  as  to  bondage 

and  freedom, fJUWs  the  father. y  487  ,&c. 

French  tongue  much  prevailed  tiU  the  36  E. 

3,  See  the  mifchicf.        p.5  15,516,517 


GReat  men  ought  to  have  great  mindes 
p.  10* 

Gratitude  is  sjuiclt_and  furc  in  repaying  ktnd- 
neffes.  P-4',42. 

Grace  of  God  mu ft  make  the  LawcfftRual 
toteachfuftice.  p.65 

Grace  of  God  what  and  how  called.        p.  6ff 

It  muft  condhtl  us  to  tndconcurr  with  us 

in  all  good.  P«7°,7»>72,73 

Greatnefs  had  need  of  grace  77>7& 

Grammar,  the  parts  of  it,  and  what  thej  im- 
port. 9.131,132 

Gentlemen,  famous  by  virtue  p.  3  97 

Intemperate  and  deceitful  Gaming  forbid- 
deu.  p.ji8,si9,520 


H 


HOpe.  p.  1 16 

Humane  Lawes,  either  the  Law  of 
Nature,  Cuftoms,  or  Statutes,  p.  224  ad 

227 
Heritage  and  Heirs.  p.  3  22, 3  X  3 

Husband  and  Wife,  one  fit Jb,  hoW.      p.488 


IGnoranct  of  the  Law, a  fault  in  the  Prince. 
P.*7 
Juftice  defined  by  the  Law  of  every  Govern- 
ment, ibid. 
fudges,  their  Charge  and  Honour.        p,  5  3 
Juftice,  What  it  is,  and  how  excellent,  p.63 

Juftice 


The   Table. 


Justice  of  the  L*w  mulcts  the  Law  amiable.  I 

P.67,68 

Jufiice  of  the  Areopagites.  p.  68 

Jufiice  u  the  foul  and  life  of  all  beamy  in 

things  and  men.  P  -65  >*6 

InftruUion  given  Princtrby  God.  P-75,76, 

77 

Vicious  mindes  hdte  fyftruttion.  p.76 

Infiruflions  and  Ctunfel  in  Scripture  for 

all  occafions.  p.79,80 

Judges  Judgements,  in  a  fenfe,  the  King's 

Judgements ;     in  what  fenfe  better  by 

Judges  then  by  Kings  in  Perfon.     p.  1 3 3 , 

Induftrywhat.  P  '44,145 

Judges,  what  manner  of  men  they  are  to  be. 

i34,»35, 15^,137 

And  what  degrees  of  learning  to  have  a. 

bove  Frinces.  p.  148 ,149 

Jnfliccs  of  the  King's  Courts  their  habits, 

appointment  to  their  Office,   andplacing  bj 

the  Lord  Chance  Hour.         p.  5  6  o  ad  5  80 

Jmpofitions  not  to  be  laid  but  by  Authority  of 

Parliament.  p.165, 166,1 67,1 68 

Judges  are  not  to  fee  Off enders  tortured,     p. 

310,31 1,&  feq. 

Injuries.  p.  311,322 

Jurjes.  P- 33  5  ad  346 &  356 

Juryeshowkeptin  integrity.       P392,393 

Impopions  upon  every  thing  in  France,     p. 

429  ad  440 
Illegitimate  children  who.       p.467.  &  feq. 
Inns  of  Court  what,  and  how  ruled  and  or- 
dered, p.  5  26, 5  27.  &feq. 
None  but  Nobiles  were  to  be  of  them,  that 
is,  Gentlemen  of  bloud         P-5*8,529 
All  Gentile  qualities  learned  in  them.  p. 

S34,S?5,537 
The  Order  and  Government  of  them.  p. 

536  ad  546 


Kings  ex  Officio    manage  their    peo- 
ple in  Warr  by  condutl  and  cou- 
rage,  in  Peace  bj  right-judging  them. 

-.       ,  P'n 

Kings  have  great  Prerogatives.  p.  1 4 

Kings  make  the  Law  their  wiHs.     p.  1 4, 1  j 

Kings  and  Tyrants  differ.  ibid. 

Kings  Jhould  divide   their  times  between 


Arts  and  Arms. 


p  19,20,21 


--• r    --'J  — ,- - 

Kings  fubjett  to  God,  though  to  none  but  God, 

ibid.  &  p.  76 
Kings  in  what  fenfe  Abfolute.  p.  20 

Kings  ought  not  to  be  ignorant  of  the  LaVo. 

P.27&9S 


Kings  have  great  cares  with  their  Crowns. 

p64 

Knowledge  of  the  meafure  of  our  hvc  to  the 

Law.         p.82,83,8*, 89,90,107,^8 

Wifemen  love  no  Kiikjbawcs  in  words,     p. 

i'S 

Knowledge  of  faith,  hope,  and  charity,  the 

knowledge  of  the  whole  Law  of  God.     p. 

125,  126 
What  Knowledg  of  the  Lawes  is  neceffary 

for  a  Prince.      p.  1  33,  141,142, 1  43, 

&  feq. 
Kings  cannot  doe  what  by  their  Lawes  they 

cannot  dot.  p.  1  52,1 54,155.  &  feq. 

Kingly  Government  an  happjnefs.  p.  i<58, 

169,  where  the  rule  is  not  by  thewiUbut 

by  the  Law.  p.  1 70, 171 

Kings  how  ufeful  and  fevereign  thtj  are  to 

their  people  a*  Heads  of  them.  p.  1 9 1 , 1 92 » 

;  '  193,194,195 

Kingdoms  compared  to  natural  bedyes.   p. 

197,  &c. 


I     A  W  the  King's  will  in  what  fenfe. 
f  P-iS 

The  King's  blithe  Law,  how  and  how  not. 

ibid. 

The  Law  ofQed  is to  be  written  by  the  King 
out  of  the  Copy  Vfiththe  Priefis,  Why  t 

p.26 

The  LaV?  ought  to  be  known  by  the  King. 

p.27 

Lawes,  Civil,  of  Nature,  Nations,  Com' 
mon  Lawes.  p. 28, 29,30 

Civil  Lawes  where,  and  in  what  Authsurs 
contained  p  29 

Lawes  of  England  whence  originated,    p.  3  o 

Martial  affairs  ought  not  to  fieal  away  the 
Princes  love  from  the  Law  of  his  Coun- 
try and  Government,  P3p,3l 

Levttical  Pritflhood  what,  and  how  different 
from  the  Evangeli^ue  one.  p.  3  j  ,3  2. 

Literati  qui.  p. 31 

Humane  Lawes  where  jufi,  have  God  their 
Authour.  p.  4  3,44,45 ,46,6* 

La'to-givers  venerable.  p.  3  7 

Lawes,  Vfbatthe  Ancients  ftiledthtm,  and 
the  reverence  they  gave  to  them,  p.45,46. 

Lawes  ought  to  bejufi,  and  holy,  and  good  j 
andthofe  that  are  not,  lofe  the  defert  of  be- 
ing facred  Lawes.  p.46,47,da 

Lawes  are  to  be  accommodated  to  men  and 
things.  P-46,47 

Lafocs  of  men  when  jufi,  are  in  a  fenfe  the 
Lawes  of  God.  p.  5  3  ^5^, 

Lawes 


The  Table. 


Lames  are  to  be  taught  the  People  from  Gid's 

Law.  P»56 

Lawyers  in  what  fenfe  called  Sacerdotcs. 

P-49,5° 
Some  Laves  of  men  are  tenjufi,  p.  6 1,62 
L*wes  are  rules  durable,  immoveable,  p.  63 
Lato  makes  men  in  a  civil  fenfe  happy,    p. 

67,68 
Not  to  know  the  Law,  is  in  a  Prince  a  kjnde 
of  enmity  to  it.  p.97 

Knowledge  of  the  Law  prevents  incenveni- 
encies.  p.  1 00 

Knowledge  got  by  time  and  indufirj.     p.  1 43 
L<*Wes  (/England  how,  and  hoy?  not, to  be  al- 
tered.        p.i53,i54,&feq.  164,165 
Lawesof  Engl  and  thebejt  for  England,  as 
the  Civil  Lapses  are  the  beftfbr  the  Em- 
pire. p.2l2&C. 
Litres  of  England  have  nothing  cruel  in 
them.  p.365 
£awis  cf  England  not  contrary  to  the  L*Vc 
cfGodinthecafeoffuryes.  P-4°3 
L*wet  of  England/<Jt/««r  liberty.        p.491 
Lttw  though  it  grants  Efjines,ytt  hates  De- 
lay unneceffary  and  injurious,  p. 580.  &c. 

M 

MOfes  a  fartmts  Lawgiver  and  Cap- 
tain, p.  2 1 
His  Excellencies  above  tho/e  of  the  Cae- 
fars.  p  22 
Cod's  endowments  extraordinary  of  him, 
futable  to  his  employments  extraordi- 
nary,                                    p.  i?,24 
Mlnifters  are  to  be,  where  they  may  be,  E- 
pifcopallj   ordained.  p.  $3 
Man  being  in  the  Image  cf  Gtd,  ought  to 
ajfeEl  learning  and  knowledge,      p.  9  6 .  97 
Maxims,  what  thr  J  are.             p.  I  21,1 22 
Myfter'"  °f  Religion.                          V'lz7 
Mix'd  Government,  Regal  with  Politique, 
God's  Government  and  Mofcs  his  Govern- 
ment.                              p  172,173,174 
Abfolute  Monarchy  when,  and  in  whom  be- 
gan, together  with  the  fiereenefs  of  it.  p. 
179,180,181,132 
Marriage   of  Miniftcrs  lawful  and  conve- 
nient,Cohere,  andwherenot.  p. 279, 280 
.    Marriage  Clandcflint  unlawful  When  'tis 
fnch,  and  why  forbidden,     p.  41 3 ,  414 
Marriage  fubfequent  legitimates  not  Ante 
nate   children.                  p.  469,8c  feq. 
Mothers  by  the  Civil  LaVe  being  bond  or 
free,  make  the  childefo,                   p  485 
Mufique,  learned  by  Inns  of  Court  men,hoyt 
excellent  in  them.  The  praife  of  Mufique. 

P  533,534 


N 


1~*HE  Nobles  in  France  trample  upon 
.      thePeafantry.  P448,&C 

Natural  Sons  ypho,  and  what.  p.  47  5 

Nobles,  how  belt  bred.  p.  5  02  ad  5 1 0 

Number  of  Judges  in  the  King's  Courts,  p. 

5*3 


o 


ORators  make  good  Prefaces.  p.  1 

Ordination  according  to  the  reception  of 
the  Gatholiqut  Church,neceffary  to  a  Mi- 
nifter.  p.33 

Obedience  due  to  the  Higher  Powers  by  the 
LaV?$f  God.  p.  5  z 

Orphans  to  whom  by  both  Lapses  committed. 

P-495,490,&c 


A       Princely  virtue,  Serenity,  p.  5 

Warlike    Exercifes    the  delights   of 
Princes.  p.  6 

The  Ancients  thought  no  virtue  fo  proper  to 
Princes  as  Chivalry.  p.  7 

What  Exercifes  of  Manhood  are  Princely. 

ibid. 
PoVcers  are  to  be  obeyed  for  God.  p.  J  2 

Philo/ophers  who  and  what  they  were.     p.  5  7 
Philofophcrs,  though  they  differ  in  the  names 
of  things,  yet  agree  in  the  main.        p .  5  9 
Princes  great  Anthours  of  good  to  people. 

p.8i,8z 
Perituj,  ^hatfigmfisaJionithas.  p  95 
Principles,   what  they  art.  p  U  7, 1 2 1 , 1 2  2 , 

125 
Parables  why  and  what.     p.  128,1 29, 130 
Princes  may  attain  Law-learning  in  a  fbort 
time,ifthey  pleafe  tointendit.  p.148,149 
Pilitique    Government  mix'd  with  Regal, 
what,  and  how  Excellent.  p.  1 5  7 

PoVter  abfolute  may  do  any  thing,  p.  l6o,&C 
In  yohat  fenfe  Qnod  Pnncipi  placuit  legis 
habet  vigorcm,  is  true .  p.j62,i6j 
Polling  and  Peeling  of  SubjeSf,  what.  p.  167 
Parliaments  onely  lay  legal  charges  en  the 
people.  p.  1 66,1^7,1 68 

Politique  Government  with  Regal,  the  Go- 
vernment that  would  have  been  in  inno- 
cence if  man  had  jfted,  and  that  which 
wot  the  Government  of  Mofes  and  the 
fudges.  p.  17  3 ,174 

HoVv  Politique  Governments  began,    p  I90, 
&fcq.  adzoo,&ad207 
Princely  Spirits  all  Greatnefs  in  Exigen- 
cies. p.ziO 
S  f  (  f                         Potoer 


The  Table. 


Tower  is  then  onely  Power,  'token  it  alls  vir- 
tuoufly.  P2IJ,2I4,&C 

Parliaments, their  nurrbtr  and  nature,  p.  239 
Ails  of  Parliament  ,Vehen  durable  and  when 
not.  p.  241,242 

Parliaments  are  Senates  ofwifdom.     P-M4 
Priifls,  where  mifguided,  aft  to  do  evil.   p. 

278,279,280 

Purgatory,  an  Inventitn.     p.  3 1 3 , 3  1 4,3 '  5 

Publique  fpiritednefs;  as  weU  as  Learning, 

the  virtue  o/tortefcue.  p-572,&c. 


R 


Righteousness  ,the  darling  of Chrifl ,  emi- 
nent in  him,  and  regarded  by  God. 
p.io$,io<5 
Rules  and  Maxims,  what  they  are,  p.izi, 

122 

Refiitution  of  the  King,  lords,  and  fecluded 
Members,'*  Mercy.  P-277>278 

Racks  ufualin  France,  not  here.  p. 288,  &c. 
Revelling  or  Dancing  ufedin  Inns  of  Court. 

Robes  what, where  read  of  longRobes.  p.  5  69 
Refpite  of  Appearance  called  Lffoines,  al- 
lowed. p.j8o,&c. 


S tholes.  p.  3 1 2 

Satan  howfvffered  to  torment  good  and  evil 

men.  Pi  16 

Sheriffs  what,  and  hiw  chofen.      p.  3  25  ,&c. 
Sheep  abundant  in  England,    the  profit  ef 

them.  p .  377,&  (eq. 

Good  Rules  for  a  Student  cftht  Law.  p  5  3  2 
Singing  What,  and  tolfrhat  end  taught  in  the 

Inns  of  Court.  p.  $3  2,5  3  3 

Sudies  of  Law  or  Inns  of  Court,  the  nature 

and  manner  of  them  in  a  Difcourfe  pur- 

pofely  about  them.  P  5  3  9  ad  54  6 

Sitting,  a  po/ture  of  Authority,  therefore 

the  fufiices  doe  fit  en  the  Bench,     p.ftfj 
Solemnity  ofplaciag  a  fufticc  in  the  King's 

Courts.  P-566,567 

Set  times  for  fitting  in  the  Courts.       p.  5  7  3 
Slotonefs  fometimes  an  help  tojuftice.     p. 

«fSo,&c. 
Sanguinary  fever  ity  odious  in  a  fudge,  p  586 


SErcniffimus,  the  Title  of  Sovereign  Prin- 
ces, p.  1 
Serenity,  what  it  is.  p.  2 , 3 
Solomon  4  wife  King,  and  a  Prefident  to 

Kings.  P- '6, 1 7, 1 8 

Subjeclsfree,  hew  and  how  not,  p.  21 

Servants  ought  to  lejtoVf,  that  they  may  doe 

their  Maker's  will.  p.  3  6, 3  7 

Saccrdotes,  who.  P-49,50 

Sciences  have  a  connexion  and  dependance 

each  with  other.  p  9  J 

Wifemen  vilifie  Science  in  no  man,        p.94 
Sacraments  if  Chrift,  which.  p.  1 2  6 

Serjeants  at  LaVf.  ^137,1  38,  &  547 

Serjeants  at  Law  their  Ceremony,  Habits, 

&c.  p.  547  ad  562 

Study  in  the  Laws  well  methtdedfor  the  time 

ofit.  p.I5©,I5I,152 

Scotland,  an  homage  Kingdom  to  us.  p.  204 
Security  of  Sub  jells  a  great  end  of  Govern- 
ment. p,zii,2)2 
How  Sub  jells  are  well  p  leafed.  p .  2 1 3 
Statutes  how  pajfed  in  Parliament,    p.  1 3  7. 

238,239 

Not  to  be  revoked  but  by  the  fame  Autho- 
rity that  (ftabhjbed  them,    p.24  5 ,  246 
Spirits  of  men  in  great  actions  excited  by  V/iiverf  ties , the  places  Wherein  Sciences  are 

God.  p.275,»76  !     taught,  P-SU.&c. 

Rtadynefs 


Time,  what  it  is.  p.  144,145 

Tallages  not  to  be  impofed  ba  t  by  confent 
of  Parliament,  and  what  Tallages  are.  p. 
161,162,166,167,168 
Tryals  by  Veitneffes,  by  Civil  Law  :  Tryals 
by  furyes  and  witntffwpzt  Legem  Com- 
rannem.  p.247,&c. 

Tryals  by  th:  Civil  Law:  p  249,250,251 
Trea'f on,  wh.it.  p.283,284,285 

Torments  ufual  in  trance,  not  here,  pmifb- 
ments  by  Canon  Law.      p '.290, 291,192 
Torments  allowed  by  the  Civil  Law  in  cri- 
minal Cafes  where  witneffes  are  wanting. 

p.296,297 
Truth  is  not  alwayes  dif covered  by  them.   p. 

297»298,  &feq. 
Torments  are  HeMfi  furies,  p  3  00  ad  3 1  o 

See  the  tffclls  of  them. 

Terrours  of  God  in  the  foul.  p.  3  X  6, 8cc. 

Theft  manifefi  and  not  manifefi.  p.  5  I  o,&e. 

Time  well  {pent  in  the  Inns  if  Court,  HaU- 

dafes  in  the  Morning  at  the  Courts,  in 

After- neons  at  the  Sndy/,n  Feflivaldayes 

in  reading  of  Scripture  and  the  Chonides. 

P53*.S3<S37A575 
Travel  when  dangennsfor  youth,  And' of tner 

occafion  of  mine  then  advantage,    p.  5  3  7 


Virtue  the  way  to  felicity  and  beatitude. 
p6o 
Virtue  much  the  efell  of  Cuftom.      p.  1 05 


The   Table. 


w 


REadjnefs  of  wit  will  do  much  to  get 
art.  p.i46,&c. 

W'tneffes  how  in  danger  to  be  corrupted,  fee 
examples  of  two  Witntffesfubomedin  fe- 
veral  Cafes,  p.  255,  &c. 

Wifdom  of  the  children  of  this  World,  and  «f 
the  Children  of  light.  p.z6l,Sc  fcq.  I 


Women  good  and  bad.  $.268,269 

What  witneffes  the  Law  allow cs  not.  p. 3  5  7 
Women  are  in  account  of  Law  at  their  Hus- 
bands are,  except  in  certain  cafes,     p. 

485  ad  488 
Wives  are  onelj  confpicuous  as  their  Hus- 
bands illuftrate  them.        p.48  9,490,80:. 
Women  fhould  have  a  care  to  mart]  brave 
men  that  may  honour  them.  ibid. 

Writs  Original  and  judicial.      p.522,52^ 


FINIS. 


The  Authours  requefi  to  the  Reader. 

T Hough  I  have  endeavoured  by  an  unufual  infpeftion.  to  avoid  all  miftakes  in  the  Frefi  ;  yet  Tome  have  un- 
happily iatrudedthemfelvcs,  which  if  thy  ingenuity  encline  thee  to  pardon  and  correct,  thou  {halt  highly 
oblige  me,  who,  what  ever  rhis  may  prove,  intend  well  in  it  to  thy  benefit :  Be  pleated  thetefore  to  reftifie  the 
.Ei-M/a'jas  followeth.  Ttftl.  /m.56  r«dit.f>.io./.4j.r.  alfo.^.28./,33.r.had. /.  4i.i-.vivendi./>.ij>. /.4.  r.detrahi- 
mus.(.8.r for  we.  /.so.r.Sempronius.f.sS. r .England  ,/>.32.'.r.r.Chrift.  p.)  3./.  i«.r.doftrinique^.i4./.sj.r.appofite. 

».}  jXJ.'.WftftMr  W*C.  /.j.r.this.  /.I3.r  .Lordly  iW.r.with  which,  pif.l.n  r.fervilizes.  p  .4o./.5«.r.confidera- 
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p.  54. '.  4*.  '.as.  p.  56.  '.3 1 .  r.  hie.  p  to.  l.$-  '.addictions.  p.«5.  l.io.rsaxe.p.ji. 1.zj.r  of. p .«8.(.i8.r.jufU.26.r.time 
to  come  afcerusj.74^3  5.r.was.f.8o./.47.r.his^.85/.i».r.5nrf«theArtiit./i.85)</.54.r.mettle./>.j8./.23.r.his.^.iix. 
t.iSS-  *M  and.  /.5S.r.but.f.H4./.i  3.  r.had.  ju  26.  /^.r.ragenious.f.isS.  l.nlt.  r.King.f.xjj.  /.to.  r.  to  the  Law. 
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r.  Lawe3.f.t7i. /.j.r.Profellion.  f.174. /.i3.r.by.;.i79./.36T.a./r.i8i./.»//.r.dinblute.f.ij8./.38.r.is.p.228./.2«.r. 
fcprelfiag.  p  .245.  /.14.  r.not./>.288^.j4.r.other.^:j)i./.33,r.temerity.f.292Xio.r.obftiiiate^.3o*./.»o.  r.  timid./>. 
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